Digital Commons Network^™

Women's Interest Network, Julie King, Christine Korper, Abiola Afolayan, Marie Elena Angulo, Michela Cocchi, Angela M. Gallerizzo, Dolly Hernandez, Margaret Kamm, Dana Katz, Kendra Muller, Sierra Paola, Vanessa Romero Rocha, Aina Serret, Sandhya Taneja, Catherine Van Kampen

The Year in Review

No abstract provided.

International Criminal Law, International Courts, And Judicial Affairs, Manish N. Bhatt, Giovanni Chiarini, Katherine Maddox Davis, Beth Farmer, Timothy Franklin, Cyreka C. Jacobs, Stéphane De Navacelle, Sara L. Ochs, Alexander S. Vesselinovitch, Melissa Ginsberg, Marc Weitz, Julie Zorrilla

The Year in Review

No abstract provided.

Geoengineering And Criminal Liability Comparative Lessons For Penal Reform, Zico Junius Fernando, Deviana Yuanitasari, Chairul Huda, Muhammad Yamani, Arimbi Fajari Furqon

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Geoengineering has emerged as a controversial climate technology involving large-scale interventions such as cloud seeding, weather modification, and unregulated carbon capture. While these practices are promoted as solutions to climate change, they also generate significant ecological risks that remain largely unaddressed within criminal law frameworks. This article examines the absence of explicit criminal liability for geoengineering-related harms and explores how comparative legal experiences can inform future penal reform. This research uses normative research methods with several approaches, including comparative, conceptual, and futuristic approaches. The collected legal materials are analysed qualitatively, and content analysis is employed to classify and interpret relevant …

A Shadow Of Reasonableness: The Hammersmith Ghost And Justifications On Both Sides Of The Atlantic, Joseph N. Phillipps

Ohio Northern University International Law Journal

No abstract provided.

The Sinking Ship: Victor’S Justice And The Case For Accepting Tu Quoque In International Law, Cyrus S. Theodor

Ohio Northern University International Law Journal

No abstract provided.

Support The Icc As A Vital Court Of Last Resort For Victims Of Grave International Crimes, Jocelyn Getgen Kestenbaum, Gabor Rona

Online Publications

This public statement, issued on International Justice Day (July 17, 2026), affirms support for the International Criminal Court (ICC) as an independent judicial institution and a court of last resort for victims of genocide, crimes against humanity, war crimes, and the crime of aggression. Signed by more than 100 organizations and individuals, including legal scholars, practitioners, human rights advocates, and civil society organizations, the statement expresses concern over efforts to undermine the ICC's independence and functioning. It calls on the United States to reaffirm its longstanding commitment to the rule of law, judicial independence, and international accountability, emphasizing the importance …

A Review Of Juvenile Solitary Confinement In The United States: Why Developmental Science Supports Banning Isolation Of Youth, Morgan R. Wagner, Krystia Reed, April Thomas

Northwestern Journal of Human Rights

The use of solitary confinement in carceral settings has been prevalent in the United States for as long as the justice system has been in place. The practice of isolating people who are incarcerated from the general prison population was adopted in the juvenile justice system as well, despite the system’s purported focus on rehabilitation. This paper reviews the developmental psychological literature suggesting that solitary confinement can harm adolescents in a variety of ways (psychological, psychosocial, and physical). We then discuss the prevalence of juvenile solitary confinement in federal and state courts. Finally, considering this research, we identify goals for …

Rape And Sexual Assault On The High Seas: A Case Of Murky Jurisdiction, Linny Kit Tong Ng

Ocean and Coastal Law Journal

Rape and sexual assault on the high seas present a complex, dual-faceted challenge encompassing both legal and socio-cultural dimensions. The high seas are marked by jurisdictional ambiguity. International law assigns jurisdiction to the flag State of the vessel. However, many vessels are registered to States lacking adequate legal frameworks or the capacity to address such crimes effectively. While international law does allow for intervention by other States under certain principles of jurisdiction, the lack of legal clarity and political will often results in hesitation from non-flag States, except for the United States. This hesitance leaves victims without recourse. This Article …

Stopping Child Pornography And Csam Online: Act Local, Unite Global, Hon. Anne-Christine Massullo, Frederick W. Mostert, Lea Leisure

Notre Dame Journal of International & Comparative Law

No abstract provided.

Gender Perspective(S): Lessons From International Human Rights Law To Defend Against Pregnancy Related Prosecutions, Megan Osadzinski

Northwestern Journal of Human Rights

The criminalization of pregnancy outcomes—such as miscarriages, abortion, obstetric emergencies, and stillbirth—is a violation of fundamental human rights guarantees; including the right to a fair trial when read in conjunction with the right to equality and the right to health. This article outlines state obligations under international human rights law toward women charged in pregnancy prosecutions, translating them into national criminal defense strategies using a gender perspective. Using intersectional theory, this article calls for the use of a gender perspective to challenge such prosecutions as unlawful gender-based discrimination and a gendered violation of due process, using the case study of …

Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025, Kevin Johnson

Seattle University Law Review

Richard Delgado’s The Rodrigo Chronicles have captivated a generation of law students and legal scholars.  Mapping the terrain of race, racism, and Critical Race Theory (CRT), the skillful, and long-running narrative series stands as a testament to Delgado’s dedication to justice for all.

The Rodrigo Chronicles are simply one of Delgado’s many intellectual contributions and part of an unparalleled scholarly legacy.  As one of the founders of CRT, he produced a landmark body of scholarship –authoring the field's primary text,  making the argument for the regulation of hate speech,  forcefully challenging the Black/white binary of civil rights that long dominated …

Evolving Networks: Information Exchanges Reshaping Of Global Finance, Andrew P. Morriss, Charlotte Ku

Faculty Scholarship

This article challenges the characterization of international financial centers (IFCs), often called "tax havens," as enablers of tax evasion and money laundering. Drawing on an extensive analysis of tax treaties, regulatory statutes, and historical literature, we explore the evolution of the global information exchange network, its impact on integrating IFCs into the global financial system, and the resulting curtailment of their use for illicit purposes. The expansion of treaties, from Mutual Legal Assistance Treaties (MLATs) to Tax Information Exchange Agreements (TIEAs) and multilateral frameworks like the OECD's Common Reporting Standard (CRS), has significantly limited the potential for secrecy-driven financial activities …

The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold

Seattle University Law Review

For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …

Comparative Study On Institutional Design And Scope Of Grounds Of Criminal Cases Review Between Indonesia And The United Kingdom, Rahman Syamsuddin, Muhammad Ikram Nur Fuady, Hasdiwanti Hasdiwanti, Hilmiah Hilmiah

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study examines to examine the comparative framework of criminal cases review between Indonesia and the United Kingdom (UK), focusing on the scope of grounds and institutional framework. Both jurisdictions recognize post-conviction review as an extraordinary legal remedy intended to prevent miscarriages of justice. Indonesia employs revision (PK –Peninjauan Kembali) as a restrictive system, similar to the Court of Appeal. The UK adopts a broader and more flexible model through Criminal Cases Review Commission (CCRC). The study used secondary data and literature reviews, with a comparative legal approach grounded in normative and institutional analysis, assessing the legal structures, procedural …

The Decision Of The Inter-American Court Of Human Rights In The Case Of Angulo Losada V. Bolivia: A Catalyst For The Rights Of Girls And Victims Of Sexual Violence, Brisa De Angulo, Rosa Celorio, Bárbara Jiménez-Santiago, Rosemarie Hidalgo, Carolina Perez

University of Miami International and Comparative Law Review

The Inter-American Court of Human Rights issued its judgment in the case of Angulo Losada v. Boliviaon November 18, 2022, finding that the country of Bolivia violated the human rights of a victim of sexual violence by failing to thoroughly and promptly investigate, prosecute, and sanction a case of incestuous sexual violence against an adolescent girl by an older male relative. The Court advanced an enhanced due diligence standard, establishing that an intersectional gender and child-rights perspective needs to guide the judicial processing of cases of sexual violence against children and adolescents. The Court set critical legal standards for …

Legislating With An Expiration Date & The Duty To Reevaluate: Sunset Provisions As A Safeguard In Self-Defense Laws, Samantha Morales

University of Miami International and Comparative Law Review

Self-defense laws have a long history in the jurisprudence of many countries around the world, reflecting the essential right to protect oneself from harm. At their core, self-defense laws seek to balance the rights of individuals against one another in threatening, violent, or high-risk scenarios, presenting a classic legal dilemma—one person’s rights end where another’s begin.

Through a comparative and analytical lens, this Note explores the origins, current state, and impact of self-defense laws, focusing specifically on the United States and the United Kingdom. Tracing the development of self-defense doctrine from its roots in the common law, the analysis highlights …

Human Rights In The Americas Symposium: An Examination Of Past, Present, And Future, Caroline Bettinger-López, Tamar Ezer, Shantanice Vaxter, Hannah Garry, Alexzandrea Bartle, Austin Brewster, Brittany Findley, Ana Garcia-Velez, Andrew Kiliment, Christian Kruger, Ana Luiza Potgornik Ferreira, Abigail Matherne, Genice Nadal, Lucia Niño Junyent, Yasmin Rizvi, Amanda Sarmientos, Megan Schutzen, Roberta Spehl, Sara White, Meg Williams

University of Miami International and Comparative Law Review

Human Rights in the Americas Symposium: An Examination of Past, Present, and Future documents a week-long convening hosted by the University of Miami School of Law in November 2025, held in conjunctions with the 194th Period of Sessions of the Inter-American Commission on Human Rights. The Symposium brought together scholars, advocates, policymakers, students, artists, and community members to assess the evolution, current challenges, and future trajectory of human rights in the Americas.

Through interdisciplinary panels, thematic hearings, artistic exhibitions, and community-based engagements, participants examined pressing regional issues, including democratic backsliding, migration, housing justice, racial and gender inequality, environmental harm, and …

Homelessness In The Caribbean: From Colonial Roots To Rights-Based Responses, Wilmy Dessalines, Tamar Ezer, Gabriela Valentín Diaz

University of Miami International and Comparative Law Review

This Article provides an analysis of homelessness across four Caribbean localities—the Dominican Republic, Haiti, Jamaica, and Puerto Rico. Each locality brings a diverse history connected to colonial legacies and realities from Spain, France, the United Kingdom, and the United States. They capture a cross-section of the Caribbean and reveal that homelessness is shaped by legal and governance systems rooted in colonial inheritance that promote exclusion over social protection: from vagrancy laws that regulate presence in public space to land systems that legalize dispossession and facilitate displacement. Laws punishing vagrancy and life-sustaining activities serve as instruments of social control that systematically …

Police Accountability For Racial Justice And Equality: A Human Rights Analysis Of Perceptions Of Police Legitimacy In Orlando, Florida, Katherine Wilson Mccoy, R. Denisse Córdova Montes

University of Miami International and Comparative Law Review

The murder of George Floyd marked a watershed moment in the global fight against racism. In response, the United Nations Human Rights Council adopted Resolution 43/1, calling for a comprehensive report on systemic racism and human rights violations against Africans and people of African descent by law enforcement. Despite this increased scrutiny, legislators have increasingly used laws to police poverty. Florida House Bill 1365 went into effect on October 1, 2024, prohibiting public camping and sleeping on public property without authorization. Critics argue that such measures disproportionately target marginalized groups by criminalizing life-sustaining activities. Research suggests that repeated interactions, especially …

The Rodrigo Duterte Case At The International Criminal Court: Towards The Erosion Of States’ Right To Withdraw From The Rome Statute?, Giovanni Chiarini Dr

Indonesia Law Review

The Rodrigo Duterte case raises complex questions concerning the interpretation of Article 127 of the Rome Statute (RS), particularly regarding its statutory limits relating to the one-year window governing the effects of withdrawal, as well as the interpretation of the procedural identity of the preliminary examination. This paper is divided into two parts: the first briefly outlines the procedural history of the war on drugs case from 2016 to 2024; the second analyses the dissenting opinion concerning the interpretation of Article 127 RS and explores the key developments from 2025 to 2026, focusing on the main issues raised by the …

Who Will Hear My Case?: The Backdrop Of Hameed V. Canada And Its Impact On Canada’S Judicial Vacancy Crisis, Adrian T. Peraza

University of Miami Inter-American Law Review

In 2016, the Supreme Court of Canada issued a landmark ruling in R v. Jordan, requiring prosecutors to try their case within eighteen months in provincial courts and thirty months in the superior courts. Through its holding, the Court sought to protect a defendant’s right to be tried within a reasonable time, a privilege enshrined in the Canadian Charter of Rights and Freedoms. However, at the time of the decision, the Canadian judicial system faced a vacancy crisis. A total of forty-three judicial vacancies existed in the federal courts, a figure that would later rise to eighty-six in August 2023. …

Still Uncertain After All Of These Years: Constitutional Rights Of Guantanamo Detainees Tried By Military Commission, Michael D. Ross

Mercer Law Review

This article explores whether Guantanamo detainees are entitled to constitutional protections at military commission trials. In 2006, Congress passed the Military Commissions Act (“MCA”). Its goal was to establish a fair system to try foreign detainees accused of war crimes. The ensuing nineteen years have revealed that the system needs reform. The most important cases, such as the 9/11 and U.S.S. Cole prosecutions, are still bogged down in pre-trial litigation that has lasted over a decade. But before policy makers consider reforms, they should know what constitutional protections apply at a military commission. Federal courts have not answered that question. …

A Human Rights Approach To International Criminal Liability: From The Promises Of The 1990s Criminal Tribunals To Selective Impunity, Ilias Bantekas

UC Law SF International Law Review

Since the adoption of the UDHR in 1948, it has become clear that state responsibility for human rights violations ought to be complemented by perpetrators’ individual responsibility under criminal and civil law. The concept of individual responsibility suggests that criminal liability is the “natural” corollary of conduct considered to be a violation of human rights. Even if such criminal liability does not, for whatever reason, arise under national law, this is certainly the outcome under international law. The extent to which this concept is applicable to all violations of human rights involves an examination of the legal basis of human …

Cyclones Of Crime: How Environmental Degradation In Haiti Strengthens Gangs In Governmental Power Vacuums And How The International Community Can Respond Beyond Military Intervention, Stephanie Minor

William & Mary Environmental Law and Policy Review

In Haiti, the ground beneath people’s feet, both politically and literally, has never stopped shifting, as cycles of gang violence and environmental disasters feed each other in a relentless spiral of instability. This Note intends to be an analysis of the cycle of gang violence and environmental disasters, along with possible legal and organizational solutions. It begins with a very brief historical analysis of how the situation has progressed from state creation to present day and how Haiti’s colonial past shaped its current governance problems. At its creation in 1804, Haiti became the first state founded by enslaved persons through …

Beyond The Loop: Accountability And The Legal Abyss Of Autonomous Weapon Systems, Ahmad Khalil, Anandha Krishna Raj S

Indonesian Journal of International Law

The emergence of autonomous weapon systems (AWS) poses unprecedented challenges to international humanitarian law (IHL), particularly in relation to criminal responsibility. This article critically examines the existing legal vacuum concerning accountability for violations committed by AWS in the context of armed conflict. By analyzing the fluid and evolving nature of military autonomy and the consequences of removing human oversight from lethal decision-making processes, the article undertakes an in-depth assessment of international criminal law (ICL) mechanisms, including direct and command responsibility. It demonstrates the inadequacy of established legal doctrines to attribute criminal liability to designers, programmers, operators, or commanders when AWS …

Breaking The Cycle Of Violence: Transitional Justice For El Salvador In The Shadow Of Authoritarianism, Marsha Pimentel

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Sanctioned Judge Speaks: A Conversation With Icc Judge Kimberly Prost, Kimberly Prost, David Collins

Judicature International

No abstract provided.

Confinement And Consent: A Comparative Analysis Of Sexual Abuse In Finnish And U.S. Prisons, Madison A. Greico

Binghamton University Undergraduate Journal

The Bangkok Rules and The Basic Principles for The Treatment of Prisoners are a specific outline of protections and rights for individuals( Bangkok specifically about women) within prisons adopted by the United Nations compromising states. While The United States is a leader in the United Nations and adopted this set of rules, their failures of commitment are extremely apparent. Every year, thousands of prison rapes occur behind bars in New York alone by the very guards meant to protect them. In Finland, another United Nations member, however, has virtually no record of sexual abuse within their prisons. In investigation of …

Incarcerated Youths In Canada And The United States: A Comparative Analysis, Grace A. Mastrangelo

Binghamton University Undergraduate Journal

Are children, who commit adult crimes, deserving of adult punishments? According to the United Nations, not if it harms their well-being. Article 3 of the Convention on the Rights of the Child (CRC) adopted by the United Nations in November 1989, states that 1) the best interests of the child should be the primary consideration of all state actions involving children, 2) governments must allot children the protection and care necessary for their well-being, and 3) governmental institutions, services, and facilities that deal with children must uphold adequate standards for the safety, health, and supervision of children. The CRC is …

Legal Paradoxes Of Transition: Transitional Justice And The Rule Of Law Between Nürnberg And Saddam Hussein Trials, Rasha Abdelsamea Ahmed Baghdadi

Theses and Dissertations

ABSTRACT

This thesis critically examines the legal paradoxes embedded within transitional justice (TJ) discourse, using the Nürnberg and Saddam Hussein trials as case studies to interrogate the complex relationship between justice and the rule of law in TJ discourse. It highlights the inherent tension between forward-looking societal reforms and the pursuit of backward-looking justice, challenging the foundational assumptions of TJ as a universal tool for justice and peace. It also questions the validity and credibility of "transition" as a phase between the past and the future. It contends that TJ, driven by Western liberal epistemic foundations, functions as an exclusionary …