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The Development Of Sex Trafficking In Central America, Kate Zdrojewski Jan 2009

The Development Of Sex Trafficking In Central America, Kate Zdrojewski

Human Rights & Human Welfare

Human trafficking in Central America has taken center stage since the late 1990s. This increase in public attention has been driven by U.S. initiatives, such as the Trafficking Victims Protection Act (TVPA), as well as the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, commonly known as the Trafficking Protocol. The United States has the reputation of being the leader in the fight against trafficking in Central America, using the TVPA and the Trafficking Protocol as primary mechanisms for anti-trafficking efforts.


International Law And Human Trafficking, Lindsey King Jan 2009

International Law And Human Trafficking, Lindsey King

Human Rights & Human Welfare

International law is a powerful conduit for combating human trafficking. The most reputable and recent instruments of international law that have set the course for how to define, prevent, and prosecute human trafficking are the United Nations Convention against Transnational Organized Crime and its two related protocols: the United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, and the United Nations Protocol against the Smuggling of Migrants by Land, Sea, and Air, which entered into force in 2003-2004. The United Nations Office on Drugs and Crime (UNODC) created these conventions, which have supported international …


The International Criminal Court And The Prevention Of Atrocities: Predicting The Court's Impact, James F. Alexander Jan 2009

The International Criminal Court And The Prevention Of Atrocities: Predicting The Court's Impact, James F. Alexander

Villanova Law Review (1956 - )

No abstract provided.


National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman Jan 2009

National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

In October 2008, the author moderated a panel discussion addressing the utility of establishing a new national security court system for administering the detention and trial of terrorist suspects. The discussion featured comments by five lawyers with significant academic and practical experience in the field: Richard Zabel, a litigation partner at Akin Gump Strauss Hauer & Feld LLP, a former Assistant U.S. Attorney and co-author of In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts; Glenn L. Sulmasy, an Associate Professor of Law at the United States Coast Guard Academy and author of the forthcoming book, The National …


Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall Jan 2009

Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall

Michigan Journal of International Law

This Article embraces one of two contested understandings of what a failure to punish entails. On the first understanding, a military commander's failure to punish is construed solely as a dereliction of duty. Accordingly, his failure to punish constitutes a separate offense from the underlying atrocity that his troops have committed. The failure to punish is, then, a substantive offense in its own right. On a second understanding, for which I argue here, the failure to punish renders the commander criminally liable for the atrocity itself, even if he neither ordered nor even knew about the atrocity before its occurrence. …


Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin Jan 2009

Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This article examines the U.K. and U.S. systems to determine what lessons, if any, the United States can learn from the United Kingdom's experience. Part I provides a background of the CCRC and the U.K. Court of Appeal, and describes how these two entities work in tandem with broad powers to investigate and correct miscarriages of justice in the United Kingdom. Part II takes an in-depth look at the Court of Appeal's decisions of CCRC referred cases and identifies five categories into which these decisions fall-- categories that exemplify the institutional mechanisms that facilitate review of miscarriages of justice. These …


Individual Accountability For Human Rights Abuses: Historical And Legal Underpinnings, Steven R. Ratner, Jason S. Abrams, James L. Bischoff Jan 2009

Individual Accountability For Human Rights Abuses: Historical And Legal Underpinnings, Steven R. Ratner, Jason S. Abrams, James L. Bischoff

Book Chapters

The international legal community is beset today with talk of accountability. Governments, international organizations, non-governmental organizations, and scholars speak of the need to hold individuals responsible for official acts that violate the most cherished of international human rights. Some study the nature of various infractions with an eye toward codification; others seek to create or engage mechanisms for trying or otherwise punishing individuals. Their common mission is based on a shared understanding that international law has a role to play not only in setting standards for governments, non-state actors, and their agents, but in prescribing the consequences of a failure …


Eight Perspectives On Yvon Neptune V. Haiti, Jens Iverson Jan 2009

Eight Perspectives On Yvon Neptune V. Haiti, Jens Iverson

UC Law SF International Law Review

Yvon Neptune v. Haiti is a noteworthy decision of the Inter- American Court of Human Rights, with potentially wide-ranging impacts. The Court ordered a wholesale change in the Haitian prison system in order to prevent Haiti from violating former Haitian Prime Minister Yvon Neptune's rights again. Haiti violated Articles 1 (obligation to respect rights), 5 (humane treatment), 7 (personal liberty), 8 (fair trial) and 25 (the right to judicial protection) of the American Convention on Human Rights. Haitian and U.S. human rights groups worked together with a "virtual" human rights clinic to trigger the decision by filing a petition with …


"We're Very Apolitical": Examining The Role Of The International Legal Assistance Expert, Blake K. Puckett Jan 2009

"We're Very Apolitical": Examining The Role Of The International Legal Assistance Expert, Blake K. Puckett

Indiana Journal of Global Legal Studies

International rule of law practitioners are important sources of knowledge transmission in the promotion of global governance. Yet they face significant barriers in their role as bearers of a globalizing legal culture. This article analyzes three of these barriers in the context of rule of law promotion in Central Asia. First, practitioners tend to dismiss the political nature of their work, which local actors then appropriate for their own purposes. Second, this misconception is amplified by the lack of adequate training, experience and continuity among rule of law practitioners. Third, the language barrier and the challenge of translation remain underappreciated. …


Human Rights, American Exceptionalism, And The Stories We Tell, Natsu Taylor Saito Jan 2009

Human Rights, American Exceptionalism, And The Stories We Tell, Natsu Taylor Saito

Faculty Publications By Year

The Universal Declaration of Human Rights represents a remarkable expansion in the recognition of the fundamental rights of all peoples. Nonetheless, consensus on the implementation of these rights is elusive. Two commonly referenced obstacles to achieving such a consensus are: (1) the United States’ practice of unilaterally exempting itself from international human rights treaties, i.e., American exceptionalism; and (2) resistance from those who see the international human rights movement as a means of imposing Western values on non-Western cultures. Considering these as related issues, both deriving from the Eurocentric nature of contemporary international law, this essay suggests that a truly …


Protecting Global Cities : New York, London, And The Internationalization Of Urban Counterterrorism, Brian H. Nussbaum Jan 2009

Protecting Global Cities : New York, London, And The Internationalization Of Urban Counterterrorism, Brian H. Nussbaum

Legacy Theses & Dissertations (2009 - 2024)

This dissertation examines the impact of international terrorism on the policing (both the policing structures and policing strategies) of large globaized cities, with a focus on New York City and London. Combining historical analysis, secondary source material, and extensive interviews with police officials and officers, it seeks to examine the underlying structural constraints and resources that lead these cities to internationalize their counterterrorism efforts.


No Way Out? The Question Of Unilateral Withdrawals Of Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd Jan 2009

No Way Out? The Question Of Unilateral Withdrawals Of Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd

Faculty Publications

Growing out of the authors' work for the International Criminal Court, which was sponsored by a grant from the Open Society Institute, No Way Out examines one of the most vexing legal questions facing the International Criminal Court - whether a State that has referred a case to the Court can subsequently withdraw its referral as part of a domestic peace agreement? The issue has arisen with respect to Uganda's interest in withdrawing its self-referral as part of a peace deal with the leaders of the Lord's Resistance Army. This article examines the Rome Statute, the drafting history, and the …


Foreword: After Guantanamo, Michael P. Scharf, Sonia Vohra Jan 2009

Foreword: After Guantanamo, Michael P. Scharf, Sonia Vohra

Faculty Publications

“Guantanamo Bay.” To many around the world those two words conjure up haunting images of orange jumpsuit-clad detainees imprisoned behind barbed-wire fences, subjected to the cruelest imaginable interrogation techniques, and held indefinitely without trial, or awaiting trial before military commissions whose procedures violate international law. It is no surprise, then, that the new U.S. administration perceived the Guantanamo Bay detention center and associated detainee policies as an indelible stain on America's moral authority and an impediment to the success of future U.S. foreign policy.


Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson, Beth Van Schaack Jan 2009

Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson, Beth Van Schaack

Faculty Publications

Although the substantive law concerned with gender violence is now well established, and the principle of legality can no longer serve as a barrier to prosecutions for gender violence, significant obstacles remain to ensuring a robust system of gender justice in international criminal law in the face of continued violations. These obstacles are less visible than defects in positive law because they emerge in the practice of international criminal law at crucial yet shrouded stages of the penal process: investigation, charging, pre-trial plea negotiations, trial preparation, theprovision of protective measures, and appeals. Most importantly, strong positive law is irrelevant where …


On The Evolution Of The Law Of International Sea Piracy: How Property Trumped Human Rights, The Environment And The Sovereign Rights Of States In The Areas Of The Creation And Enforcement Of Jurisdiction, Leticia M. Diaz, Barry Hart Dubner Jan 2009

On The Evolution Of The Law Of International Sea Piracy: How Property Trumped Human Rights, The Environment And The Sovereign Rights Of States In The Areas Of The Creation And Enforcement Of Jurisdiction, Leticia M. Diaz, Barry Hart Dubner

Barry Law Review

This article examines the statistics concerning piratical incidents occurring in the year 2008 and their impact on the world economy. This article also reviews the total scope of sea piracy worldwide with regard to the number and type of incidents thereof, because Somalia is not the only place in the world where sea piracy occurs. Finally, this article analyzes the history of prescribing and enforcing a jurisdiction regarding the international law of sea piracy.


Towards A Unique Theory Of International Criminal Sentencing, Jens David Ohlin Jan 2009

Towards A Unique Theory Of International Criminal Sentencing, Jens David Ohlin

Cornell Law Faculty Publications

International criminal law currently lacks a robust procedure for sentencing convicted defendants. Legal scholars have already critiqued the sentencing procedures at the ad hoc tribunals, and the Rome Statute does little more than refer to the gravity of the offense and the individual circumstances of the criminal. No procedures are in place to guide judges in exercising their discretion in a matter that is arguably the most central aspect of international criminal law - punishment. This paper argues that the deficiency of sentencing procedures stems from a more fundamental theoretical deficiency - the lack of a unique theory of punishment …


Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt Jan 2009

Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

In this Article, I take up a focused analysis of the Uganda prosecutions, considering both the interpretive dilemmas facing the Court and the efforts of Prosecutor Luis Moreno-Ocampo to address them. Part I provides a summary of events leading to the LRA arrest warrants and the recent peace negotiations. Part II turns to the text of the Rome Statute, with a focus on Article 19's framework for complementary jurisdiction and the Article 53 dictate that “interests of justice” may trump the admissibility of investigations and cases that otherwise meet all relevant statutory criteria. Although the ICC is structured to give …


Foreword: Security Detention, Michael P. Scharf, Gwen Gillespie Jan 2009

Foreword: Security Detention, Michael P. Scharf, Gwen Gillespie

Faculty Publications

Foreword to the International Committee of the Red Cross (ICRC) and the Frederick K. Cox International Law Center at Case Western Reserve University organized a two-day experts meeting on security detention, Cleveland, OH, 2009


International Human Rights Law And Security Detention, Doug Cassel Jan 2009

International Human Rights Law And Security Detention, Doug Cassel

Case Western Reserve Journal of International Law

No abstract provided.


Administrative Detention In Armed Conflict, Ashley S. Deeks Jan 2009

Administrative Detention In Armed Conflict, Ashley S. Deeks

Case Western Reserve Journal of International Law

No abstract provided.


Foreword, Michael P. Scharf, Gwen Gillespie Jan 2009

Foreword, Michael P. Scharf, Gwen Gillespie

Case Western Reserve Journal of International Law

No abstract provided.


Security Detention, Terrorism, And The Prevention Imperative, John Mcloughlin, Gregory P. Noone, Diana C. Noone Jan 2009

Security Detention, Terrorism, And The Prevention Imperative, John Mcloughlin, Gregory P. Noone, Diana C. Noone

Case Western Reserve Journal of International Law

No abstract provided.


A New System Of Preventative Detention - Let's Take A Deep Breath, Jennifer Daskai Jan 2009

A New System Of Preventative Detention - Let's Take A Deep Breath, Jennifer Daskai

Case Western Reserve Journal of International Law

No abstract provided.


Foreword: Combating Terrorist Financing, Richard Gordon, Christyn Rossman Jan 2009

Foreword: Combating Terrorist Financing, Richard Gordon, Christyn Rossman

Case Western Reserve Journal of International Law

No abstract provided.


The Demise Of The U.N. Economic Sanctions Regime To Deprive Terrorists Of Funding, Jimmy Gurule Jan 2009

The Demise Of The U.N. Economic Sanctions Regime To Deprive Terrorists Of Funding, Jimmy Gurule

Case Western Reserve Journal of International Law

No abstract provided.


Ambiguities In Articles 5(2), 121 And 123 Of The Rome Statute, Roger S. Clark Jan 2009

Ambiguities In Articles 5(2), 121 And 123 Of The Rome Statute, Roger S. Clark

Case Western Reserve Journal of International Law

No abstract provided.


Some Observations On The Future Of U.S. Military Commissions, Michael A. Newton Jan 2009

Some Observations On The Future Of U.S. Military Commissions, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.


In Pursuit Of Justice Prosecuting Terrorism Cases In The Federal Courts - 2009 Update And Recent Developments, James J. Benjamin Jr. Jan 2009

In Pursuit Of Justice Prosecuting Terrorism Cases In The Federal Courts - 2009 Update And Recent Developments, James J. Benjamin Jr.

Case Western Reserve Journal of International Law

No abstract provided.


Beyond The Torture Memos: Perceptual Filters, Cultural Commitments, And Partisan Identity, Cassandra Burke Robertson Jan 2009

Beyond The Torture Memos: Perceptual Filters, Cultural Commitments, And Partisan Identity, Cassandra Burke Robertson

Case Western Reserve Journal of International Law

No abstract provided.


Sexual Violence: Standing By The Victim, Navanethem Pillay Jan 2009

Sexual Violence: Standing By The Victim, Navanethem Pillay

Case Western Reserve Journal of International Law

No abstract provided.