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Articles 1171 - 1200 of 2919
Full-Text Articles in Entire DC Network
Mental Retardation And The Death Penalty: The Need For An International Standard Defining Mental Retardation, Allison Freedman
Mental Retardation And The Death Penalty: The Need For An International Standard Defining Mental Retardation, Allison Freedman
Northwestern Journal of Human Rights
No abstract provided.
Criminalizing Kleptocracy? The Icc As A Viable Tool In The Fight Against Grand Corruption, Ben Bloom
Criminalizing Kleptocracy? The Icc As A Viable Tool In The Fight Against Grand Corruption, Ben Bloom
American University International Law Review
No abstract provided.
Trafficking In Information: Evaluating The Efficacy Of The California Transparency In Supply Chains Act Of 2010, Alexandra Prokopets
Trafficking In Information: Evaluating The Efficacy Of The California Transparency In Supply Chains Act Of 2010, Alexandra Prokopets
UC Law SF International Law Review
The California Transparency in Supply Chains Act of 2010 (CTSCA) took effect in January 2012. It was designed in an effort to eradicate forced labor and human trafficking in business supply chains, which the legislature recognized as violations of state, federal, and international law. The CTSCA does not forbid the sale of goods produced through trafficked labor. Instead, the CTSCA asks companies to disclose their labor practices to consumers in order to allow buyers to differentiate companies based on their efforts to supply products free from slavery and trafficking, which will in turn inform consumers' purchasing decisions and drive companies …
International Criminal Law For Retributivists, Alexander K.A. Greenawalt
International Criminal Law For Retributivists, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
Responding to the proliferation of international criminal tribunals during the last two decades, scholars have engaged in a rich debate about the normative foundations of international criminal law (“ICL”). The retributive theory of punishment--which justifies punishment based on the culpability of the accused, rather than by reference to its social benefits--has met with significant skepticism in these discussions. Some have argued that unique features of international criminal justice--for example, the extreme selectivity of punishment or the lack of certain social or political preconditions--are a poor match for retributive theory. Others have ignored retributivism altogether, or afforded the theory only passing …
The Game Changer: How The P5 Caused A Paradigm Shift In Norm Diffusion Post-9/11, Catherine Moore
The Game Changer: How The P5 Caused A Paradigm Shift In Norm Diffusion Post-9/11, Catherine Moore
All Faculty Scholarship
This Commentary recognizes a policy shift across nations of favoring national security over human rights and argues that smaller states were influenced by the key international decision makers, the Permanent Five Members (P5) of the United Nations Security Council, via norm diffusion. In doing so, it offers an alternative theory for how and why human rights norms have consistently been violated in the pursuit of security. Oppressive regimes have used the term “counterterrorism” or “national security” to justify rights violations because they see larger powers allowing these violations. This Commentary contends that the P5 are responsible for beginning this phenomenon …
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
Faculty Scholarly Works
No abstract provided.
The Right To Appeal, Julia Liston
Whether The Special Tribunal For Lebanon Is Properly Considered To Be More A Civil Law Institution Or A Common Law Institution., Estefanía Sixto Seijas
Whether The Special Tribunal For Lebanon Is Properly Considered To Be More A Civil Law Institution Or A Common Law Institution., Estefanía Sixto Seijas
War Crimes Memoranda
No abstract provided.
Complexity And Efficiency At International Criminal Courts, 29 Emory Int'l L. Rev. 1 (2014), Stuart K. Ford
Complexity And Efficiency At International Criminal Courts, 29 Emory Int'l L. Rev. 1 (2014), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
One of the most persistent criticisms of international criminal tribunals has been that they cost too much and take too long. In response, this Article presents a new approach that utilizes two concepts: complexity and efficiency. The first half of this Article proposes a method for measuring the complexity of criminal trials and then uses that method to measure the complexity of the trials conducted at the International Criminal Tribunal for the former Yugoslavia (ICTY). The results are striking. Even the least complex ICTY trial is more complex than the average criminal trial in the United States, and the most …
Reflections On The Indictment Of Sitting Heads Of State And Government And Its Consequences For Peace And Stability And Reconciliation In Africa, Charles Chernor Jalloh
Reflections On The Indictment Of Sitting Heads Of State And Government And Its Consequences For Peace And Stability And Reconciliation In Africa, Charles Chernor Jalloh
Articles
In these remarks, the author considers the most recent challenge to the application of international criminal justice in Africa: Kenya's controversial November 2013 proposal to amend the Rome Statute of the International Criminal Court to temporarily exempt from prosecution sitting presidents accused of involvement with international crimes. He examines several legal and practical reasons why such a proposal is untenable. Instead, citing the principle of complementarity and urging the principled use of judicial and prosecutorial discretion, he contends that much of the African Union's current concerns about the Kenya Situation can be addressed within the confines of existing Rome Law. …
Sinister Translations: Law's Authority In A Post-9/11 World, Jothie Rajah
Sinister Translations: Law's Authority In A Post-9/11 World, Jothie Rajah
Indiana Journal of Global Legal Studies
What does the killing and burial of bin Laden tell us about the sites, sources, and nature of law's authority in a post-'9/11' world?1 If law is constituted by "acts of language [that] are actions in the world,'2 then the law embodied by these events is discernible through an analysis of Obama's announcement on the killing of bin Laden. Obama's announcement avoids the term 'law' yet makes present the relationship between 'law,' justice,' legitimacy, and violence. Through critical theory on language, translation, and political myth, this paper explores the translations at work in constructing law's authority for a post-9/11 world. …
New Trends In Latin American Constitutionalism: An Overview, Santiago Legarre
New Trends In Latin American Constitutionalism: An Overview, Santiago Legarre
Notre Dame Journal of International & Comparative Law
In this introduction to the issue on New Trends in Latin American Constitutionalism, Santiago Legarre offers his remarks at the opening of the conference on New Trends in Latin American Constitutionalism held at Notre Dame Law School in 2013. After briefly recounting the origins of the conference, Legarre summarizes some of the key modern challenges in Latin America and the role of constitutionalism in addressing these challenges. Legarre pays particular attention to the rapid growth of income inequality in the region. He ultimately concludes that some of the major challenges to the region are rooted in a lack of consensus …
Access To Justice And Corporate Accountability: A Legal Case Study Of Hudbay In Guatemala, Shin Imai, Bernadette Maheandiran, Valerie Crystal
Access To Justice And Corporate Accountability: A Legal Case Study Of Hudbay In Guatemala, Shin Imai, Bernadette Maheandiran, Valerie Crystal
Articles & Book Chapters
This case study looks at the avenues open for addressing serious allegations of murder, rape and assault brought by indigenous Guatemalans against a Canadian mining company, HudBay Minerals. While first-generation legal and development policy reforms have facilitated foreign mining in Guatemala, second-generation reforms have failed to address effectively conflicts arising from the development projects. The judicial mechanisms available in Guatemala are difficult to access and suffer from problems of corruption and intimidation. Relevant corporate social responsibility policies and mechanisms lack the necessary enforcement powers. Canadian courts have been reluctant to permit lawsuits against Canadian parent companies; however, in Choc v. …
The Icc's Exit Problem, Rebecca Hamilton
The Icc's Exit Problem, Rebecca Hamilton
Scholarly Articles in Law Reviews & Journals
The International Criminal Court (ICC) was never meant to supplant the domestic prosecution of international crimes. And yet the Court is now entering its second decade of operations in four African nations, with no plan for exit in sight. This Article identifies the looming need for the ICC to consider when and how to exit situations in which it is currently active. In addition to the normative concern that a failure to start planning for exit undercuts the Court’s placement within a system of complementarity, the need to consider exit is also driven by a financial imperative. The Court’s caseload …
The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing?, Mark A. Summers
The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing?, Mark A. Summers
Richmond Journal of Global Law & Business
No abstract provided.
Foreword: End Game! An International Conference On Combating Maritime Piracy, Michael P. Scharf, Matthew E. Carlton
Foreword: End Game! An International Conference On Combating Maritime Piracy, Michael P. Scharf, Matthew E. Carlton
Case Western Reserve Journal of International Law
No abstract provided.
Perspectives On The Growing Trend Of Child Piracy, Romeo Dallaire Lt. Gen.
Perspectives On The Growing Trend Of Child Piracy, Romeo Dallaire Lt. Gen.
Case Western Reserve Journal of International Law
No abstract provided.
The Pre-History Of Piracy As A Crime & Its Definitional Odyssey, Michael J. Kelly
The Pre-History Of Piracy As A Crime & Its Definitional Odyssey, Michael J. Kelly
Case Western Reserve Journal of International Law
No abstract provided.
Moving From Crisis Management To A Sustainable Solution For Somali Piracy: Selected Initiatives And The Role Of International Law, Ved P. Nanda, Jonathan Bellish
Moving From Crisis Management To A Sustainable Solution For Somali Piracy: Selected Initiatives And The Role Of International Law, Ved P. Nanda, Jonathan Bellish
Case Western Reserve Journal of International Law
No abstract provided.
Assessing Current Trends And Efforts To Combat Piracy: A Case Study On Kenya, Rosemelle Mutoka Hon.
Assessing Current Trends And Efforts To Combat Piracy: A Case Study On Kenya, Rosemelle Mutoka Hon.
Case Western Reserve Journal of International Law
No abstract provided.
Current Trends In Global Piracy: Can Somalia's Successes Help Combat Piracy In The Gulf Of Guinea And Elsewhere?, Sandra L. Hodgkinson
Current Trends In Global Piracy: Can Somalia's Successes Help Combat Piracy In The Gulf Of Guinea And Elsewhere?, Sandra L. Hodgkinson
Case Western Reserve Journal of International Law
No abstract provided.
Child Pirates: Rehabilitation, Reintegration, And Accountability, Mark A. Drumbl
Child Pirates: Rehabilitation, Reintegration, And Accountability, Mark A. Drumbl
Case Western Reserve Journal of International Law
No abstract provided.
Somali Piracy -- Are We At The End Game?, Jon Huggins, Liza Kane-Hartnett
Somali Piracy -- Are We At The End Game?, Jon Huggins, Liza Kane-Hartnett
Case Western Reserve Journal of International Law
No abstract provided.
Operational Responses To Piracy -- A First Principles Approach, Mark Sloan
Operational Responses To Piracy -- A First Principles Approach, Mark Sloan
Case Western Reserve Journal of International Law
No abstract provided.
Rules Of Engagement And Legal Frameworks For Multinational Counter-Piracy Operations, Laurie R. Blank
Rules Of Engagement And Legal Frameworks For Multinational Counter-Piracy Operations, Laurie R. Blank
Case Western Reserve Journal of International Law
No abstract provided.
A Reflection On Innovations In The Security Council: The International Tribunals, Counterterrorism, And The Office Of The Ombudsperson, Hon. Kimberly Prost
A Reflection On Innovations In The Security Council: The International Tribunals, Counterterrorism, And The Office Of The Ombudsperson, Hon. Kimberly Prost
Case Western Reserve Journal of International Law
No abstract provided.
A Conversation With The Chief Prosecutor Of United States Military Commissions, Mark Martins Brigadier General
A Conversation With The Chief Prosecutor Of United States Military Commissions, Mark Martins Brigadier General
Case Western Reserve Journal of International Law
No abstract provided.
Eroding The Foundations Of International Humanitarian Law: The United States Post-9/11, Col. Morris Davis
Eroding The Foundations Of International Humanitarian Law: The United States Post-9/11, Col. Morris Davis
Case Western Reserve Journal of International Law
No abstract provided.
A War Crimes Tribunal For Sri Lanka? Examining The Options Under International Law, Nihal Jayasinghe, Daley J. Birkett
A War Crimes Tribunal For Sri Lanka? Examining The Options Under International Law, Nihal Jayasinghe, Daley J. Birkett
Case Western Reserve Journal of International Law
No abstract provided.
Application Of The State Immunity Rule In The International Criminal Justice System: Problems Arising And A Critique Of Legal Response Mechanisms, Celestine Nchekwube Ezennia
Application Of The State Immunity Rule In The International Criminal Justice System: Problems Arising And A Critique Of Legal Response Mechanisms, Celestine Nchekwube Ezennia
LLM Theses
The state immunity rule was founded upon such sound rationales as respect for the sovereign equality of all states and non-interference with state functions. However, its application in the international criminal justice system produces numerous problems. These include impunity for violation of peremptory international legal norms (like the prohibitions on serious international crimes) and violation of human rights. It also undermines the individual accountability and justice administration missions of the system because it shields state officials from criminal responsibility and subjects their victims to injustice. The international community has adopted various legal mechanisms which attempt to respond to these problems …