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Articles 31 - 60 of 2906
Full-Text Articles in Entire DC Network
A Comparative Analysis Of The Rule Of Lenity And National Power Structures, Albert Kwon
A Comparative Analysis Of The Rule Of Lenity And National Power Structures, Albert Kwon
Notre Dame Journal of International & Comparative Law
No abstract provided.
Death Without Discretion: The Legality Of Mandatory Capital Punishment In Tanzania, Kimberly Austin
Death Without Discretion: The Legality Of Mandatory Capital Punishment In Tanzania, Kimberly Austin
Human Rights Brief
The African Court on Human and Peoples’ Rights (AfCHPR) recently found that Tanzania’s mandatory death penalty by hanging violates the rights to life and dignity, guaranteed under Articles 4 and 5 of the African Charter on Human and Peoples’ Rights (the Charter). The Court’s judgment on June 26, 2025, in Tembo Hussein v. United Republic of Tanzania demanded rapid reform of Tanzania’s criminal laws in the name of preserving human rights.
2026 Klatsky Endowed Lecture In Human Rights, Beth Van Schaack
2026 Klatsky Endowed Lecture In Human Rights, Beth Van Schaack
Case Western Reserve Journal of International Law
No abstract provided.
The Birth Of Modern International Criminal Law: The International Military Tribunal At Nuremberg, Frank Rosenblatt
The Birth Of Modern International Criminal Law: The International Military Tribunal At Nuremberg, Frank Rosenblatt
Journal Articles
The International Military Tribunal at Nuremberg (IMT), the most famous and arguably most important international criminal trial in human history, almost did not occur. In fact, it might even be an accident of history that the most senior perpetrators of the Nazi regime’s atrocities eventually faced the courtroom instead of summary execution. That their fate was decided by rights over might has shaped the world; helped birth the fields of international criminal law and international human rights law; and become the starting point for conversations about international law, transitional justice, genocide, and human rights.
Foreign States, Private Proxies, And “Discretionary” Torts On U.S. Soil, George K. Foster
Foreign States, Private Proxies, And “Discretionary” Torts On U.S. Soil, George K. Foster
Indiana Law Journal
The tortious act exception to sovereign immunity offers a vital path for tort victims to seek redress against foreign states for harms committed on U.S. soil. Yet some courts have narrowed the exception in troubling ways when rejecting claims alleging clergy abuse cover-ups, cyberattacks, and other serious misconduct. Some have held that the exception applies only to torts committed by state officials and employees, excluding private actors even when acting under state direction. Others have deemed conduct “discretionary”—and therefore immune—even when it patently violated U.S. law or contractual obligations. This Article challenges both readings. Drawing on legislative history, common law, …
Lessons Learned From The Last 25 Years Of Anti-Trafficking And Forced Labour Governance: Private Power And Public Policy, Genevieve Lebaron, Janie A. Chuang
Lessons Learned From The Last 25 Years Of Anti-Trafficking And Forced Labour Governance: Private Power And Public Policy, Genevieve Lebaron, Janie A. Chuang
Comparative Labor Law & Policy Journal
Twenty-five years after adopting the United Nations Trafficking Protocol, anti-trafficking scrutiny is finally being brought to bear on forced labour in global supply chains. This article identifies and examines key aspects of the contemporary governance regime developed to address this endemic problem: corporate social initiatives and transparency legislation, human rights due diligence laws, strategic litigation, and forced labour import bans. As explored in this article, the interplay between public and private governance these interventions entail has a significant impact on whether workers ultimately benefit from these efforts. More specifically, the rise of corporate power and influence within this regulatory space …
Foreword: Turning Points And Paradigm Shifts In International Law, Michael P. Scharf, Lucas R. Van Dyke
Foreword: Turning Points And Paradigm Shifts In International Law, Michael P. Scharf, Lucas R. Van Dyke
Case Western Reserve Journal of International Law
No abstract provided.
The Role Of International, Regional, And Domestic Courts In Transitions Toward Peace And Security, Milena Sterio
The Role Of International, Regional, And Domestic Courts In Transitions Toward Peace And Security, Milena Sterio
Case Western Reserve Journal of International Law
Over the past several years, we have witnessed tremendous violations of international law in situations of conflict and mass violence by both state and non-state actors. In Myanmar, hundreds of thousands of Rohingya have experienced severe persecution and have been forced to flee to the neighboring state of Bangladesh. In Sudan, military groups such as the Rapid Support Forces have been committing serious international crimes in the Darfur region and elsewhere. In Ukraine, Russian forces have targeted civilian objectives and have forcibly abducted children. And in Gaza, Israeli forces have been engaged in various violations of international law over the …
The Rise Of Accountability Mechanisms: The Next Wave Of International Law Justice?, Jacqueline R. Mcallister
The Rise Of Accountability Mechanisms: The Next Wave Of International Law Justice?, Jacqueline R. Mcallister
Case Western Reserve Journal of International Law
Since 2011, the United Nations (UN) has increasingly deployed investigative mechanisms—or commissions of inquiry, fact-finding missions, and other ad hoc investigations—to not just monitor and document egregious human rights abuses, but also to collect, preserve, and analyze evidence in order to lay the groundwork for future accountability. Importantly, these “accountability mechanisms” tend to deploy in places where the International Criminal Court (ICC) lacks jurisdiction or national courts are unwilling or unable to conduct prosecutions. They thus work to counter impunity gaps. However, since their debut, accountability mechanisms have faced immense political, financial, administrative, and institutional challenges, which have hindered their …
Ecocide And The International Criminal Court: Reassessing The African Union-Icc Impasse, Ikechukwu Ugwu
Ecocide And The International Criminal Court: Reassessing The African Union-Icc Impasse, Ikechukwu Ugwu
Case Western Reserve Journal of International Law
The refusal of the African Union (AU) and its leaders to cooperate with the International Criminal Court (ICC) led to the negotiation of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights 2014 (the Malabo Protocol). The Protocol incorporates the core crimes of the Rome Statute and, in addition, expands on the meaning of international crime by defining crimes related to the environment, among others. Although the Malabo Protocol is innovative in its provisions, it lacks the potential to prevent ecocide in Africa or to serve as a model for …
Institutional Authority Without Ratification: Rethinking International Organizations’ Governance In The Post-Treaty Era, Izadora Coutinho
Institutional Authority Without Ratification: Rethinking International Organizations’ Governance In The Post-Treaty Era, Izadora Coutinho
Case Western Reserve Journal of International Law
This Article examines the growing normative authority exercised by international organizations through informal governance mechanisms that operate without treaty ratification or formal consent. It argues that international law is undergoing structural transformation: global standards increasingly emerge from flexible, network-based arrangements rather than negotiated treaties. Using the OECD/G20 Global Anti-Base Erosion (GloBE) Rules as a case study, this Article illustrates how nonbinding instruments can generate de facto binding effects. Their adoption by numerous jurisdictions reflects systemic incentives, reputational pressures, and tax base erosion threats. While such mechanisms enhance flexibility and responsiveness, they also raise significant concerns about legitimacy, sovereignty, and accountability. …
Talking Foreign Policy: "Turning Points And Paradigm Shifts In U.S. Foreign Policy" June 23, 2025 Broadcast, Talking Foreign Policy
Talking Foreign Policy: "Turning Points And Paradigm Shifts In U.S. Foreign Policy" June 23, 2025 Broadcast, Talking Foreign Policy
Case Western Reserve Journal of International Law
No abstract provided.
Reproductive Rights & Absolutist Abortion Bans: Beatriz V. El Salvador & Human Rights Standards In The Inter-American Court Of Human Rights, Jordan Schucker
Reproductive Rights & Absolutist Abortion Bans: Beatriz V. El Salvador & Human Rights Standards In The Inter-American Court Of Human Rights, Jordan Schucker
Human Rights Brief
On December 20, 2024, the Inter-American Court of Human Rights (IACtHR) issued its judgment in Beatriz v. El Salvador. The case concerned an impoverished Salvadoran woman, known as Beatriz, who had severe pre-existing conditions impacting her pregnancy, including systemic lupus erythematosus, lupus nephritis, and rheumatoid arthritis. After a first pregnancy, in 2012 that triggered severe preeclampsia, she became pregnant again in 2013. Ultrasounds showed the fetus was anencephalic, making it incompatible with life outside the uterus.
Leaning Into Absence: Lessons From Kony, Mark A. Drumbl
Leaning Into Absence: Lessons From Kony, Mark A. Drumbl
Scholarly Articles
This article begins with the confirmation of charges decisions undertaken by the International Criminal Court in the Kony case. These proceedings struggled with the reality of in absentia. This article addresses the high absentee rate among individuals against whom the International Criminal Court (ICC) has issued arrest warrants and notes the stark presence of absence in the ICC’s work as well as within the enforcement of international criminal law at large. This article suggests that international criminal lawyers lean into the prevalence of absence and reboot predominant collective thinking. One path forward is to truly and warmly embrace transitional …
Lost, Never Found: Syria's National Commission For The Missing, Sara Jordan
Lost, Never Found: Syria's National Commission For The Missing, Sara Jordan
Loyola University Chicago International Law Review
This article discusses the enactment of Presidential Decree No. 19, enacted by interim Syrian President Ahmed al-Sharaa, which established the National Commission for the Missing. This body was created in May 2025 and is tasked with researching missing and forcibly disappeared persons, including creating a national database, providing legal and humanitarian support to victims’ families, and documenting cases. The Commission’s findings, however, cannot be used in criminal trials, and the international community, including groups such as Amnesty International, has voiced concerns about its potential ineffectiveness. Following a brief history of conflict under the Assad regime, this article offers an analysis …
The Intertemporal Law Doctrine’S Application To The Acquisition Of Colonies In The Americas, Kent Mcneil
The Intertemporal Law Doctrine’S Application To The Acquisition Of Colonies In The Americas, Kent Mcneil
All Papers
The intertemporal doctrine provides that international disputes have to be resolved in accordance with the international law that existed at the time the events giving rise to the dispute took place, not at the time the matter is adjudicated.1 It is thought to be impermissible to apply current standards to events that occurred in the past when different legal principles and rules were the norm. This doctrine applies as much to acquisition of colonies as to other international issues.2 So in order to determine whether a European nation acquired sovereignty over an overseas territory, it is necessary to determine and …
Keynote Speaker Remarks From Ambassador Clint Williamson, Clint Williamson
Keynote Speaker Remarks From Ambassador Clint Williamson, Clint Williamson
Emory International Law Review
No abstract provided.
Building A Web Of Accountability: Learning From Ukraine’S Efforts To Bring Russian State Actors To Justice, Jane Stromseth
Building A Web Of Accountability: Learning From Ukraine’S Efforts To Bring Russian State Actors To Justice, Jane Stromseth
Emory International Law Review
No abstract provided.
To The Hague And Beyond: The Shifting Terrain Of International Criminal Justice, Leila Nadya Sadat, Valerie Oosterveld, Sharon Weil, Nancy Combs, David Crane
To The Hague And Beyond: The Shifting Terrain Of International Criminal Justice, Leila Nadya Sadat, Valerie Oosterveld, Sharon Weil, Nancy Combs, David Crane
Faculty Publications
Panel of international criminal law experts speak about the areas in which they work.
The Death Penalty For Bribery-Related Corruption In Social Assistance During Non-Natural Disasters: A Legal Certainty Perspective, Elly Sudarti, Sahuri Lasmadi, Andi Agus Salim, Riana Devi Lestari, Mohammad Thoriq Bahrie
The Death Penalty For Bribery-Related Corruption In Social Assistance During Non-Natural Disasters: A Legal Certainty Perspective, Elly Sudarti, Sahuri Lasmadi, Andi Agus Salim, Riana Devi Lestari, Mohammad Thoriq Bahrie
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
This article analyzes the judge's verdict regarding the bribery corruption of social assistance during a non-natural disaster committed by Juliari Batubara. It questions whether such bribery corruption can be punishable by the death penalty. Juliari was not sentenced to death because the law only threatens the death penalty under natural disaster conditions, and COVID-19 is not considered a natural disaster. The death penalty is only threatened for corruption under Article 2, paragraph 2, not for bribery corruption. The judge's decision followed conventional legal norms, resulting in a verdict that was overly normative and failed to address the issue. This article …
Debating Expert Authority In Corruption Cases: The Challenge Of Interpreting State Financial Losses Under The 2023 Indonesian Criminal Code, Wendy Kenafiana Assanti, Hendry Julian Noor
Debating Expert Authority In Corruption Cases: The Challenge Of Interpreting State Financial Losses Under The 2023 Indonesian Criminal Code, Wendy Kenafiana Assanti, Hendry Julian Noor
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
The 2023 Indonesian Criminal Code revises the formulation of corruption offenses, including rules on proving state financial losses; however, the elucidation of Article 603 raises questions regarding the competent institution and the evidentiary weight of audit results. This study examines how the provision may perpetuate ongoing debates over experts’ authority to determine state financial losses, which are often perceived as affecting legal certainty, and proposes a reformulation to provide clearer legal guidance. This doctrinal study employs statutory and case law approaches, utilizes qualitative methods, and applies Gustav Radbruch’s perspective as an analytical lens. It finds that Article 603’s elucidation uses …
Book Review: The Role Of Civil Society In Transitional Justice: The Case Of Russia, Myra Dahgaypaw
Book Review: The Role Of Civil Society In Transitional Justice: The Case Of Russia, Myra Dahgaypaw
Genocide Studies and Prevention: An International Journal
This book review evaluates Selbi Durdiyeva's The Role of Civil Society in Transitional Justice: The Case of Russia as a vital contribution to genocide prevention scholarship, which is particularly timely given Russia's mass atrocity crimes in Ukraine and their connection to domestic repression. The book's theoretical innovation in challenging state-centric transitional justice paradigms through rigorous analysis of Memorial NGO, Orthodox Church activities, and revisionist groups across three decades of post-Soviet Russia is critical for the transitional justice field. It is worth highlighting Durdiyeva's unique postcolonial perspective as someone from a former Soviet territory studying the metropole, and her demonstration that …
García Rodríguez Et Al. V. México, Madeline Prokop
García Rodríguez Et Al. V. México, Madeline Prokop
Loyola of Los Angeles International and Comparative Law Review
This case is about the arrest, prosecution, conviction and detention of two suspects of the murder of the mayor of a Mexican municipality. The Court found Mexico in violation of several articles of the American Convention and of the Inter-American Convention to Prevent and Punish Torture.
Beyond Precedent: Sexual Violence As An Act Of Genocide In The International Criminal Tribunal For Rwanda, Ciara Kilroy
Beyond Precedent: Sexual Violence As An Act Of Genocide In The International Criminal Tribunal For Rwanda, Ciara Kilroy
Peace and Conflict Studies
Wartime sexual violence (WSV) has been a characteristic of violent conflict throughout recorded history, yet has failed to illicit the same international attention and condemnation as other war crimes. WSV has also been a particularly pervasive method of destruction during genocide, in which women make up the majority of victims and are targeted for both their gender and group membership. However, sexual violence is not enumerated as a crime of genocide in the 1948 Genocide Convention. Despite its absence from the formal genocide convention, legal institutions have still attempted to hold perpetrators responsible for sexual violence during genocide. This paper …
The Criminal Responsibility Of Russia For War Crimes In The Russo-Ukrainian War, Nicolas R. Obabko
The Criminal Responsibility Of Russia For War Crimes In The Russo-Ukrainian War, Nicolas R. Obabko
Honors Capstones
This Honors Capstone Thesis serves as an independent research study to verify the authenticity of allegations of Russian war crimes and violations of international humanitarian and criminal law in Russian conduct during the Russo-Ukrainian War. This research study primarily focuses on Russian war crimes and violations of international law that occurred after the beginning of the full-scale war on February 24, 2022, while acknowledging that allegations of similar violations have been occurring since 2014. This Honors Capstone Thesis uses international law sources such as the Geneva Conventions and the Convention on the Prevention and Punishment of the Crime of Genocide …
Response: Foreign Affairs Prosecutions And Cybercrime, Mailyn Fidler
Response: Foreign Affairs Prosecutions And Cybercrime, Mailyn Fidler
Law Faculty Scholarship
A response to Professor Steven Koh's new article on how the U.S. makes global criminal justice policy. Prof. Fidler examines what a decade of cybercrime indictments reveals about America's approach to prosecuting foreign hackers. Three things stand out: * Beyond Attribution - These indictments aren't just about naming and shaming, or about the typical dimensions of criminal alw. They're sophisticated foreign policy tools that coordinate and moderate international sanctions and global norms. * Intertwined with Cooperation - The indictments alternately create space for and slow the tempo of international cooperation on this issue, according to U.S. interests. * Power Projection …
Symbolic Justice: The Continued Limits Of International Criminal Justice Without A Permanent Prison System, Meg Penrose
Symbolic Justice: The Continued Limits Of International Criminal Justice Without A Permanent Prison System, Meg Penrose
Faculty Scholarship
Many people misremember Nuremberg, Tokyo, and the subsequent World War II tribunals. These seminal international tribunals gave the world convictions but largely failed to fully enforce the sentences imposed. Most people do not recall the mass clemency following the World War II tribunals. This Article seeks to fill a scholarly void by explaining why international criminal justice has never matured beyond Nuremberg and Tokyo. The modern ad hoc tribunals, as well as the permanent International Criminal Court (“ICC”), have failed to deliver lasting justice. Much like Nuremberg and Tokyo, the modern tribunals fixate on arrests and convictions and then seemingly …
Genocidal Accusation, Steven Arrigg Koh
Genocidal Accusation, Steven Arrigg Koh
Faculty Scholarship
To accuse of genocide — what does it mean? Genocidal accusation is ubiquitous today, evident more in the public square than in any courtroom. At first glance, such accusation seemingly relies on a central assumption: genocidal accusation is critical to preventing atrocity. This Article argues that this widespread assumption is incomplete, obscuring genocidal accusation’s dual nature. In fact, genocidal accusation encompasses not only laudable atrocity prevention (for example, the Rwandan genocide), but also problematic punitive, carceral discourse that brands the “other” as morally polluted (such as President Putin’s Ukraine invasion). It is thus challenging to evaluate such accusation in the …
Changing Perspectives In California: A Transformative Culture Exchange For Stockholm University And Sonoma State University Criminology Students, Bryan Burton, Sofie Hellmer, Vida Wåhlmark, Hope Ortiz, Diana Grant
Changing Perspectives In California: A Transformative Culture Exchange For Stockholm University And Sonoma State University Criminology Students, Bryan Burton, Sofie Hellmer, Vida Wåhlmark, Hope Ortiz, Diana Grant
csuglobalaction
From June 13 to 20, 2024, Sonoma State University (SSU) hosted 16 criminology students from Stockholm University (SU) for an educational and cultural exchange. Five SSU undergraduate “student ambassadors” participated, representing California and SSU while assisting the Swedish students. Surveys indicated the exchange was a meaningful academic and cultural experience for all participants. The Swedish students deepened their understanding of the U.S. criminal justice system through presentations by criminologists and discussions with practitioners on issues such as policing and prison reform. They also gained broader perspectives on California and the United States through interactions with SSU ambassadors and visits to …
Child-Taking Justice And The Federal Indian Boarding School Initiative, Diane Marie Amann
Child-Taking Justice And The Federal Indian Boarding School Initiative, Diane Marie Amann
Scholarly Works
The focus of this article is the 2022–2024 Federal Indian Boarding School Initiative undertaken the U.S. Executive Branch. The article chronicles this three-year process, which included sessions with survivors and their descendants, and which resulted in a two-volume report, in an apology by President Joe Biden, and in designation of a national memorial at one of the most notorious school sites. This article examines the initiative as an example of “child-taking justice”; that is, as a process of what is called “transitional justice”, done in an effort to redress the takings of children from their community, followed by efforts to …