Digital Commons Network^™

Solitary Confinement And International Human Rights: Why The U.S. Prison System Fails Global Standards, Elizabeth Vasiliades

American University International Law Review

No abstract provided.

Hybrid Criminal Tribunals And The Concept Of Ownership: Who Owns The Process? , Phillip Rapoza

American University International Law Review

No abstract provided.

Should A Requirement Of "Clean Hands" Be A Prerequisite To The Exercise Of Diplomatic Protection? Human Rights Implications Of The International Law Commission's Debate, Aleksandr Shapovalov

American University International Law Review

No abstract provided.

The Rome Statute, Some Reservations Concerning Amnesties, And A Distributive Problem, Dwight G. Newman

American University International Law Review

No abstract provided.

Lessons Learned: Building On The Success Of The Current International Tribunal Framework To Develop The Next Era Of War Crimes Tribunals , Aryeh Neier

American University International Law Review

No abstract provided.

Reflection On Criminal Justice Reforms In Chile, James P. Carey

Loyola University Chicago International Law Review

No abstract provided.

Reform To The Criminal Justice System In Chile: Evaluation And Challenges, Rafael Blanco, Richard Hutt, Hugo Rojas

Loyola University Chicago International Law Review

No abstract provided.

Releasing Accused Genocidal Perpetrators In Rwanda: The Displacement Of Preventive Justice, George S. Yacoubian Jr.

Loyola University Chicago International Law Review

No abstract provided.

"External" Versus "Internal" In International Law, Martin S. Flaherty

Fordham International Law Journal

The issues and analyses in this issue of the Fordham International Law Journal provide excellent cases for testing how a conventional approach would mediate current external pressures for legal change on current international and foreign relations law commitments. As it turns out, the results suggest that sovereigntist concerns are overblown, but that internationalist advocates ignore them completely at their peril.

The Impact Of U.N. Human Rights Commission Reform On The Ground: Investigating Extrajudicial Executions Of Honduran Street Children, Caroline Mchale

Fordham International Law Journal

This Note uses the case of Honduran street children to demonstrate that the U.N. Principles have not been adequately implemented, and argues that the international community should use the creation of the U.N. Human Rights Council (“Council”) as an opportunity to insist on better training and monitoring of investigative personnel worldwide. Part I reviews the legal standards establishing extrajudicial executions of street children as a major human rights violation and the Honduran State's duty to investigate. Part I also examines challenges facing Honduran investigative police agencies, including budget crises and accusations of corruption and complicity. Part I concludes with a …

Revisiting Miranda After Avena: The Implications Of Mexico V. United States Of America For The Implementation Of The Vienna Convention On Consular Relations In The United States, Elizabeth Samson

Fordham International Law Journal

This Article explores the tension between the limited power of the federal government to implement the ICJ's ruling and the authority of individual U.S. states to effect criminal justice, in consideration of the Vienna Convention and the requirements of the Avena decision. The application of international law within the U.S. federal system will be analyzed, in particular with respect to the Avena, LaGrand, and Breard cases. In view of those cases, the efficacy of remedies in the U.S. federal system for the correction of past violations as well as the prevention of future breaches of the Vienna Convention will be …

Exporting Despair: The Human Rights Implications Of U.S. Restrictions On Foreign Health Care Funding In Kenya, Mehlika Hoodbhoy, Martin S. Flaherty, Tracy E. Higgins

Fordham International Law Journal

This Report culminates a year-long project undertaken by the Joseph R. Crowley Program in International Human Rights to study the impact of the Mexico City Policy in Kenya and to analyze the applicable international human rights standards. This Report sets out the findings and legal analysis that resulted. Following this Introduction and a cataloguing of our recommendations, Part I examines those international human rights obligations that the Mexico City Policy most obviously implicates. In Part II, the Report turns to the impact of the Mexico City Policy upon these rights in Kenya. Part III of this Report turns to the …

Review Of Conference: “International Criminal Tribunals In The 21st Century”, Tim Curry

Human Rights Brief

No abstract provided.

De Facto V. De Jure Equality In The International Criminal Tribunal For The Former Yugoslavia, Brianne Mcgonigle

Human Rights Brief

No abstract provided.

Ngo Update, Lauren Bartlett

Human Rights Brief

No abstract provided.

Analyze The Judgment Of The Prosecutor V. Brdjanin From The Icty Re: Joint Criminal Enterprise. How Does This Holding Affect The Future Use Of Joint Criminal Enterprise?, Hilary Garon Brock

War Crimes Memoranda

No abstract provided.

Going Toe To Toe: President Barak's And Chief Justice Rehnquist's Theories Of Judicial Activism, Amos N. Guiora, Erin M. Page

UC Law SF International Law Review

A critical component of a liberal democracy's counterterrorism efforts is the role of that nation's judiciary. The concept of an unfettered executive, unrestrained by courts and legislatures alike, is detrimental to a nation attempting to balance national security and individual rights. The authors analyze whether, and how, the courts in the United States and Israel truly review executive decisions regarding armed conflict by analyzing decisions of the two Supreme Courts and the late Chief Justice William Rehnquist's and President Barak's writings.

Human Rights Investigation And Dialogue, Bronwyn Leebaw

Human Rights & Human Welfare

A review of:

Shattered Voices: Language, Violence, and the Work of Truth Commissions by Teresa Godwin Phelps. Philadelphia, PA: University of Pennsylvania Press, 2004. 180pp.

and

International Citizens’ Tribunals: Mobilizing Public Opinion to Advance Human Rights by Arthur Jay Klinghofer and Judith Apter Klinghofer. New York, NY: Palgrave, 2002. 272pp.

Do Former Leaders Have An International Right To Act As Their Own Lawyer In War Crimes Trials?, Michael P. Scharf, Christopher Rassi

Faculty Publications

Picture what would happen if former Iraqi dictator Saddam Hussein sought to represent himself at his war crimes trial before the Iraqi Special Tribunal. While doing so, assume that the judge presiding over his case decided to follow the precedent of the Trial Chamber of the International

Criminal Tribunal for the former Yugoslavia (ICTY) that tried the case of Slobodan Milosevic, which held: "[U]nder customary international law, the defendant has a right to counsel, but he also has a right not to have counsel."

Errors And Missteps: Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Michael P. Scharf, Ahran Kang

Faculty Publications

In a few months, the trial of Saddam Hussein and other former Iraqi regime leaders will begin before the Iraqi Special Tribunal (IST). The IST is a unique "internationalized-domestic tribunal" whose Statute and Rules of Procedure are modeled upon the UN-created Yugoslavia War Crimes Tribunal (ICTY), Rwanda Genocide Tribunal (ICTR), and the Special Court for Sierra Leone (SCSL), but whose judges are all Iraqis and whose courtroom is in Baghdad. There is much the IST can learn both from the successes and missteps of the ICTY, ICTR, and SCSL; many of the issues that will arise in the trials of …

The Legality Of Torture As A Means To An End V. The Illegality Of Torture As A Violation Of Jus Cogens Norms Under Customary International Law, Stephanie L. Williams

University of Miami International and Comparative Law Review

No abstract provided.

Does The Principle Of Complementarity Apply To Security Council Referrals To The Icc?, Reid Perry Swayze

War Crimes Memoranda

[The Sudan Claims That it Does and Seeks to Block the ICC from Investigating and Prosecuting Cases Related to the Darfur by Instituting its Own Investigation and Prosecution]

The Contours Of The Common Purpose / Joint Criminal Enterprise Doctrine Under The Jurisprudence Of The International Tribunals And Article 15(B)(4) Of The Ist Statute, Ruth Mary Hackler

War Crimes Memoranda

No abstract provided.

Were The Atrocities Committed By Saddam Hussein Against The Citizens Of Al-Dujail, In Response To A Failed Assassination Attempt In 1982, Justified As A Lawful Exercise Of Self Defense Under International Law?, Eric Reeves

War Crimes Memoranda

No abstract provided.

What Are The Rules Of National And International Law Regarding The Duty Of Counsel To Raise Issues In A Timely Manner?, Susan Cohen

War Crimes Memoranda

No abstract provided.

With Reference To The Specific Crimes That Have Been Charged In The Indictments Issued By The Special Court For Sierra Leone, To What Extent Do The Elements Of Crimes Of The International Criminal Court Reflect Customary International Law As It Existed At The Time Material To The Indictments? In Other Words, To What Extent Are The Elements Of Crimes Of The International Criminal Court A Reliable Guide As To The Elements Of The Crimes Charged By The Special Court For Sierra Leone? In Cases Where The Elements Of Crimes Of The International Court Depart From Pre-Existing Customary International Law, What Are The Elements Of Crimes That Should Be Applied?, Christopher G. Kuhn

War Crimes Memoranda

No abstract provided.

Victim And Witness Provisions Of The Icc Compared To Other International Tribunals, Colin Mclaughlin

War Crimes Memoranda

No abstract provided.

Table Of Contents, International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Reform To The Criminal Justice System In Chile: Evaluation And Challenges, Rafael Blanco, Richard Hutt, Hugo Rojas

Loyola University Chicago International Law Review

No abstract provided.

Reflection On Criminal Justice Reforms In Chile, James P. Carey

Loyola University Chicago International Law Review

No abstract provided.