Digital Commons Network^™

Uk V. Eu: A Continuous Test Match, Julian J.E. Schutte

Fordham International Law Journal

This Essay seeks to expose the complexity of the relationship between the United Kingdom (and Ireland, but the main focus will be the UK) and the European Union that resulted from the concessions made to the UK when the treaties of Amsterdam and Lisbon were negotiated: a right not to participate in the adoption and application of EU legislative measures in the field of Justice and Home Affairs ("JHA"), and the right to decide on a case-by-case basis to opt into such measures, following procedures reminiscent of the sophisticated rules of cricket. These concessions were made to allow the UK …

Immigration, Crime, And Public Perception: Victimization Legislation In The United States And Canada - Can The U Visa Serve As A Model?, Bettina Rodriguez Schlegel

UC Law SF International Law Review

This Note compares the forces behind the creation and the implementation of crime victim visa legislation in the United States and Canada. Both are recognized globally as important immigrant-receiving nations with long histories of reliance on immigrant populations for economic growth and expansion. Both states have crafted immigration policies in line with their economic needs and societal perceptions of immigrants in relation to the dominant culture mores. This Note analyzes the two nation's historical trends in relation to immigration as a stepping stone towards understanding the current realities of immigrant life in North America and delves in to the impacts …

Reaching Beyond The State: Judicial Independence, The Inter-American Court Of Human Rights And Accountability In Guatemala, Edward H. Warner, Davis Jeffery

Celebrating WCL Student Authors

The authors examine the role of the Inter-American Court of Human Rights in its efforts to impose accountability for human rights violations in Latin America. They suggest that because domestic enforcement mechanisms are irreconcilably deficient in this task, accountability must emanate from beyond the state. They test this contention by examining one of the most challenging nations in the region – Guatemala.

Guy Lancaster On Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 Pp., Guy Lancaster

Human Rights & Human Welfare

A review of:

Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 pp.

The Irony Of Refuge: Gender-Based Violence Against Female Refugees In Africa, Liz Miller

Human Rights & Human Welfare

The Sudanese soldiers and the Janjawid invaded her village. When she tried to escape, they gang-raped her. At that time, she was eight months pregnant and described giving birth to a dead baby afterward and being very sick. She could not make it with her group to the border to flee to Chad so she had to walk alone. Once she got to Chad, she was raped by a Chadian soldier outside of the camp and became pregnant. Afterwards, her husband divorced her, and she now lives with the stigma of being a rape victim. She has been expelled from …

Remembering The Past And Struggling For Justice: The Contested Legacy Of Authoritarian Rule In Chile, Rebecca Evans

Human Rights & Human Welfare

A review of:

Battling for Hearts and Minds: Memory Struggles in Pinochet’s Chile, 1973-1988. Vol. 2 of The Memory Box of Pinochet’s Chile. By Steven J. Stern. Durham, NC: Duke University Press, 2006. 247pp.

and

Remembering Pinochet’s Chile: On the Eve of London 1998. Vol. 1 of The Memory Box of Pinochet’s Chile. By Steven J. Stern. Durham, NC: Duke University Press, 2004. 538pp.

and

The Pinochet Effect: Transnational Justice in the Age of Human Rights. By Naomi Roht-Arriaza. Philadelphia: University of Pennsylvania Press, 2005. 256pp.

How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, 55 St. Louis U. L.J. 953 (2011), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh

Faculty Publications

The Sierra Leone war, which lasted between 1991 and 2002, gained notoriety around the world for “blood" or "conflict" diamonds and some of the worst atrocities ever perpetrated against civilians in a modern conflict. On January 16, 2002, the United Nations and the Government of Sierra Leone signed an historic agreement to establish the Special Court for Sierra Leone (SCSL). In setting up a new type of ad hoc criminal tribunal, the parties sought to achieve two key objectives. First, to dispense credible justice by enabling the prosecution of those bearing greatest responsibility for the wartime atrocities based on international …

The Pluralism Of International Criminal Law, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

This Article develops a pluralistic account of substantive international criminal law (ICL). Challenging the dominant assumption among theorists and practitioners, it argues that the search for consistency and uniformity in ICL is misguided, that the law applicable to international crimes should not be the same in all cases, and that those guilty of like crimes should not always receive like sentences. In lieu of a one-size-fits-all criminal law, this Article proposes a four-tiered model of ICL that takes seriously the national laws of the state or states that, under normal circumstances, would be expected to assert jurisdiction over a case. …

Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres

Michigan Journal of International Law

In 2000, the international community formally launched the modern movement to combat human trafficking with the United Nations' adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (Trafficking Protocol). With the Trafficking Protocol, the international community created a new cornerstone upon which to build a global initiative to combat this modem form of slavery. As the first major international treaty on human trafficking in half a century, the Trafficking Protocol represented a significant step forward. One hundred forty-seven countries are now party to the …

Prosecuting Heads Of State: Evolving Questions Of Venue - Where, How, And Why?, Masaya Uchino

UC Law SF International Law Review

This note surveys the different venues in which heads of state can be prosecuted. Heads of states have been tried in domestic courts, international criminal tribunals, and special "hybrid" courts. Each of these venues has a distinct set of procedures that provides different boundaries and rules for prosecutors and courts that are charging or trying a case. This note highlights how these differences can significantly impact the outcome of prosecutors' attempts to hold a head of state accountable for his crimes. To illustrate this, this note examines three very different examples of head of state prosecutions: Alberto Fujimori in Peru, …

Speeches: Transitional Justice, Peace, And Prevention: University Of Baltimore Law School October 26, 2010, Juan E. Méndez

University of Baltimore Law Review

No abstract provided.

The Rule Of Law Through Its Economies Of Appearances: The Making Of The African Warlord, Kamari Maxine Clarke

Indiana Journal of Global Legal Studies

The global reach of international law is now becoming relevant to the micromanagement of daily life. In postcolonial African states, everyday actions and their meanings are being opened up by the expansion of national jurisdiction into international jurisdiction. In relation to these changing technologies of managing shifting regimes of power, this article explores the ways that the spectacle of the rule of law is linked to the spectacle of capitalism. By examining the workings of victim and witness testimonies in the Special Court of Sierra Leone, I examine the ways that spectacles of law and articulations of suffering displace the …

Where Do We Go From Padilla V. Kentucky? Thoughts On Implementation And Future Directions, Maureen A. Sweeney

Faculty Scholarship

On March 31, 2010, the U.S. Supreme Court held in the landmark case of Padilla v. Kentucky that the Sixth Amendment right to effective assistance of counsel in criminal cases includes the right for non-U.S. citizens to be correctly and specifically advised about the likely immigration consequences of a plea agreement. The decision represents an important shift in the way courts have addressed such claims by noncitizen defendants. The Court’s decision recognizes a constitutional requirement that defense counsel provide advice in an area of law in which few defense counsel are knowledgeable, and therefore raises important and difficult questions about …

Joint Intentions To Commit International Crimes, Jens David Ohlin

Cornell Law Faculty Publications

The following article is an attempt to provide a coherent theory that international tribunals may use to ground the imposition of vicarious liability for collective crimes. Currently, the case law and the literature is focused on a debate between the Joint Criminal Enterprise (JCE) doctrine applied by the ICTY and the co-perpetration doctrine applied by the ICC, which defines co-perpetrators as those who have joint control over the collective crime. The latter doctrine, influenced by German criminal law theory, has recently won many converts, both in The Hague and in the Academy, because it allegedly avoids many of the pitfalls …

Reconsidering Trials In Absentia At The Special Tribunal For Lebanon: An Application Of The Tribunal's Early Jurisprudence, Maggie Gardner

Cornell Law Faculty Publications

Since Nuremburg, no individual has been prosecuted in an international or internationalized court entirely in his or her absence. That may soon change. The Special Tribunal for Lebanon, which is empowered to try defendants in absentia, has now confirmed its first indictment. While its trial in absentia procedures were met with concern and criticism from some quarters when they were first announced, reconsideration is warranted in light of subsequent judicial developments. The judges of the Special Tribunal for Lebanon have now established in their preliminary decisions an interpretive approach to the Tribunal’s Statute that is adamantly purposive. This purposive approach …

A Case Study In Tanzania: Police Round-Ups And Detention Of Street Children As A Substitute For Care And Protection, Sheryl L. Buske

South Carolina Journal of International Law and Business

No abstract provided.

An Emerging Mandate For International Courts: Victim-Centered Remedies And Restorative Justice, Thomas M. Antkowiak

Faculty Articles

More than ever, international attention has been directed to the needs of those who have suffered human rights violations. Nevertheless, the chasm between what victims want and what they obtain is still vast. The Inter-American Court of Human Rights, unlike most tribunals, has sought to narrow this gap by ordering remedies that respond to victims’ demands for recognition, restoration, and accountability.

In contrast, for decades the European Court of Human Rights has applied a restrictive remedial model. The European Court, inordinately concerned about its institutional integrity, curtails remedies — often delivering only declaratory relief and monetary damages. Since the Inter-American …

"The Crisis In The Implementation Of International Law", Richard Goldstone Hon.

Case Western Reserve Journal of International Law

No abstract provided.

International Law In Crisis: Challenges Posed By The New Terrorism And The Changing Nature Of War, John F. Murphy

Case Western Reserve Journal of International Law

No abstract provided.

An Age Of Extremes: International Law In Crisis: Eight Challenges, David M. Crane

Case Western Reserve Journal of International Law

No abstract provided.

Fifty Years After: A Critical Look At The Eichmann Trial, Ruth Bettina Birn

Case Western Reserve Journal of International Law

No abstract provided.

Victims Before International Criminal Courts: Some Views And Concerns Of An Icc Trial Judge, Christine Van Den Wyngaert Hon.

Case Western Reserve Journal of International Law

No abstract provided.

Casting A Cold Eye On The Origins And Development Of An All-Island Charter Of Rights, Suzanne Egan, Rachel Murray

Fordham International Law Journal

One of the most striking outcomes of the Good Friday/Belfast Agreement ("Agreement") was the extent to which the establishment of human rights institutions and mechanisms was brought center-stage into the shaping of the political settlement. The dynamic talks process that led to the signing of the Agreement resulted in an extensive range of obligations in regard to human rights on the part of the Irish and British governments, many of which were implemented very soon afterwards. Paragraph 10 of the "Rights, Safeguards and Equality of Opportunity" section of the Agreement makes mention of a trans-jurisdictional human rights initiative that would …

The International Legal Right To Individual Compensation In Nepal And The Transitional Justice Context, Matthew F. Putori

Fordham International Law Journal

Part I of this Note provides a brief political history of Nepal since the mid-eighteenth century; defines the concept of transitional justice; and explores the international law of remedy, reparations, and compensation. Part II focuses on the right to individual compensation in order to determine which human rights violations trigger a state's legal obligation to compensate victims, and then applies that right to the transitional justice context. Finally, Part III proposes the design of an individual compensation program in which Nepal, and other transitional states, can fulfill legal obligations while simultaneously working toward peace, democracy, and development.

Working Toward A Legally Enforceable Nuclear Non-Proliferation Regime, Ronald J. Sievert

Fordham International Law Journal

The foundation of the international effort to stop the proliferation of nuclear weapons is the Nuclear Non-Proliferation Treaty ("NPT"). This Article proceeds in three parts. Part I proposes a new Nuclear Non-Proliferation Treaty. Part II contains preliminary observations regarding the Security Council, General Assembly and Zanger Committee provisions of the new treaty and then addresses the basic question of why nations might be willing to scrap the established NPT in favor of this new proposed agreement. Finally, Part III discusses how the advent of international institutions and the increasing incorporation of international law into the framework of domestic, regional and …

After Guantánamo: Legal Rights Of Foreign Detainees Held In The United States In The "War On Terror", Ashley C. Pope

Fordham International Law Journal

Part I of this Note explores the background of both the Guantánamo detainee problem-i.e., what rights a foreign national detained at Guantánamo has-and the domestic detainee problem-i.e., what rights a foreign national detained on US soil has-that the United States may soon be facing, as well as the development of the law that has left open these legal ambiguities. Part I also discusses the applicability of international law on the issue. Part II presents the current conflict over the rights foreign detainees should have and the legality of detention on US soil, discusses the applicability of international law within the …

Pirates And Impunity: Is The Threat Of Asylum Claims A Reason To Allow Pirates To Escape Justice, Yvonne M. Dutton

Fordham International Law Journal

Pirates are literally getting away with murder. Modern pirates are attacking vessels, hijacking ships at gunpoint, taking hostages, and injuring and killing crew members.1 They are doing so with increasing frequency. According to the International Maritime Bureau (“IMB”) Piracy Reporting Center’s 2009 Annual Report, there were 406 pirate attacks in 2009—a number that has not been reached since 2003. Yet, in most instances, a culture of impunity reigns whereby nations are not holding pirates accountable for the violent crimes they commit. Only a small portion of those people committing piracy are actually captured and brought to trial, as opposed to …

A Kind Of Judgment: Searching For Judicial Narratives After Death, Timothy W. Waters

Articles by Maurer Faculty

Much of international criminal law's attraction rests on the 'authoritative narrative theory '--the claim that legal judgment creates incontestable narratives that serve as the foundation, or at least a baseline, for post-conflict reconciliation. So what happens when there is no judgment? This is the situation that confronted the International Criminal Tribunal for the Former Yugoslavia when its most prominent defendant, Slobodan Milosevic, died. By turning scholarship's attention towards a terminated trial, this Article develops an indirect but powerful challenge to one of the dominant views about what international criminal law is for, with interdisciplinary implications for human rights, international relations, …

Assessing The African Union Concerns About Article 16 Of The Rome State Of The International Criminal Court, Charles Chernor Jalloh, Dapo Akande, Max Du Plessis

Faculty Publications

This article assesses the African Union’s (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU’s repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The UNSC’s failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and surrender of the …