Digital Commons Network^™

Kewenangan International Criminal Court Dalam Mengadili Pelaku Kejahatan Perang Pada Negara Yang Tidak Meratifikasi Rome Statute 1998, R Gilang Wisnhu Dhuara

"Dharmasisya” Jurnal Program Magister Hukum FHUI

International Humanitarian Law is a part of the law that regulates provisions for protection of victims of war, the law of war that rule the war itself and everything that concerns the way of war itself. Rome Statute 1998 became the foundation of the International Criminal Court (ICC) is a permanent and independent court that can prosecute the perpetrators of serious crimes, one of them is war. to be able to do the jurisdiction of the ICC in a country, then the country must ratify the Statute. Furthermore, if a country does not ratify the Statute, how the ICC can …

Reviu Hukum Dan Hak Asasi Manusia Dalam Rangka Pemenuhan Akses Terhadap Keadilan: Mempertimbangkan Elemen Dari Kemampuan Hukum, M Rizki Yudha Prawira

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In an effort to participate in achieving goals 16.3 of the SDGs, the Indonesian government has tried to create a framework and tools to measure access to justice through the National Access to Justice Strategy (SNAK), which was first issued in 2009. During its period, the 2009 SNAK together with the government and the House of Representatives The people have carried out legal and regulatory reforms. Among them by producing Law - Law no. 16/2011 concerning Legal Aid, Law no. 11/2012 concerning the Juvenile Criminal Justice System to protect children involved in legal problems and Presidential Regulation no. 75/2015 which …

Intolerable Histories And Imperfect Narratives: Nationhood, Identity, And The Integrity Of Law In Post-Vichy France And Beyond, Kaela S. Holmen

Foreign Languages & Literatures ETDs

The principal aim of this thesis project is to examine the socio-legal context of the Vichy regime in World War II France, and to provide an understanding of how that context informed, and continues to inform, the integrity of French nationhood. With Ernest Renan’s oubli serving as a framework for the solidification of nationhood, I will demonstrate that the betrayals to French law and custom that were committed in an attempt to right the wrongs of the Vichy resulted in an imperfect forgetting, and ultimately, a more fragmented national sense of self. I contend that this imperfect oubli resulting from …

Law Enforcement Perspectives On Public Access To Misconduct Records, Rachel Moran, Jessica Hodge

Cardozo Law Review

No abstract provided.

“A Mad And Melancholy Record”: The Crisis Of International Law Histories, Vasuki Nesiah

Notre Dame Journal of International & Comparative Law

No abstract provided.

Dusting Off The Law Books: Recognizing Gender Persecution In Conflicts And Atrocities, Lisa Davis

Northwestern Journal of Human Rights

War-time abuses against women, girls, lesbian, gay, bisexual, transgender, intersex, queer (LGBTIQ), non-binary and gender non-conforming persons are not new. They are as old as human history, appearing in modern international criminal law records as far back as World War II (WWII). In conflicts across the globe, from Iraq to Colombia, armed actors have perpetrated gender-based crimes amounting to persecution in an effort to reinforce oppressive, discriminatory gender narratives. Rarely documented when they happen, perpetrators are hardly ever held accountable for these crimes. As a result, the crimes are often excluded from consideration by international and domestic tribunals, and in …

Protection Of Witnesses And Sensitive Information In U.K. Criminal Prosecutions, Eric Waage

San Diego International Law Journal

This Article examines the film Closed Circuit, as it portrays the legal issues surrounding a British judge’s decision to hold a hearing in camera. As in the United States, holding in camera hearings safeguards the use of witnesses and protects confidential information before it is shared with all parties to a criminal case or the jury. Closed Circuit accurately portrays some aspects of the United Kingdom’s legal standards that govern these hearings including the judicial deference to the Crown’s national security interests, the appointment of cleared special counsel to represent the accused, and the use of pseudonyms to protect …

Legal Liability For Corporations Doing Business In The West Bank: An Analysis Of Corporate Liability And A Shareholder Proposal Solution For Mitigating Risky Business Activity, Mila Kelly

William & Mary Business Law Review

For over half a century, Israeli Settlements in the occupied West Bank have expanded significantly in both land and economic activity. While this expansion has not been without criticism from the international community over fear of humanitarian law violations, global businesses have not shied away from the profitability of this region. This engagement in corporate activity within any disputed territory comes with its fair share of business risk, including legal liability for complicity in purported human rights violations.

This Note will examine the hypothetical liability for corporations doing business in the West Bank and explain how international law and the …

Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe

Georgia Journal of International & Comparative Law

There is an ongoing debate over the legality and effectiveness of the use of judicial waiver as a tool to fight violent crimes, including those committed by children in the United States. Judicial waiver or transfer of juveniles is a process by which child offenders are transferred from the juvenile court to adult criminal courts to be tried and sentenced as adult offenders. Despite the implicit recognition of the constitutionality of this practice by the United States Supreme Court, this paper contends that the transfer of child offenders to adult criminal courts violates key provisions of the Convention on the …

Propaganda Warfare On The International Criminal Court, Sara L. Ochs

Michigan Journal of International Law

Propaganda warfare, while novel in nomenclature, is far from new in practice. In an era dominated by constant news, battles for public opinion complement physical attacks. In fact, “winning modern wars is as much dependent on carrying domestic and international public opinion as it is on defeating the enemy on the battlefield.” The fight for public opinion has become so valuable to military initiatives that the U.S. Department of Defense Law of War Manual specifically recognizes propaganda directed towards “civilian or neutral audiences” as a “permissible means of war.”

Justice Delayed, Justice Denied? The Search For Accountability For Alleged Wartime Atrocities Committed In Sri Lanka, Aloka Wanigasuriya

Pace International Law Review

During the final stages of its nearly three-decades-long civil war in 2009, Sri Lanka attracted considerable international attention due to the allegations of international crimes that were said to have been committed both by the Sri Lankan government Armed Forces, the Guerilla Force, and the Liberation Tigers of Tamil Eelam (LTTE). According to United Nations (UN) experts, an estimated 40,000 civilians were killed during the final offensive, which lasted from January to May 2009. However, the Sri Lankan government has set this figure at 9,000 with no civilian casualties. Several UN bodies found credible allegations that international crimes were committed …

Deinstitutionalization, Family Reunification, And The "Best Interests Of The Child": An Examination Of Armenia's Child Protection Obligations Under Conventional International Law, George S. Yacoubian Jr., Esq.

Pace International Law Review

For nearly a century, the global community has sought to afford children legal protections, abandoning widely held views that children were pecuniary assets. In the United States and globally, a nascent children’s rights movement culminated in broad child welfare reform. Whether adoption, armed conflict, child labor, education, human trafficking, or deinstitutionalization, the post-war 20th century witnessed an evolution of international child protections. The prevailing standard of “best interests of the child” (BIC) has been incorporated into domestic and international law doctrine and, not surprisingly, has been operationalized in a variety of ways. In recent years, the standard has been explored …

Prosecuting With Compassion, Defending With Power: Progressive Prosecutors And The Case For Rehabilitative Justice, Cody Mcgraw

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Suspended Sentencing In Spain: Why Their Model Could Alleviate Some Of America's Worst Federal Prison Issues, Ryan Lamon

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Champions Of Justice: The Role Of Civil Society In The International Criminal Court's Preliminary Examination And Investigation Into The Situation In Georgia, B. Aloka Wanigasuriya

Penn State Journal of Law & International Affairs (2012 - Present)

In August 2008, an armed conflict erupted between Georgia and Russia in the pro-Russian breakaway region of South Ossetia. An estimated 850 lives were lost, and more than 100,000 civilians fled their homes during the conflict. On August 14, 2008, the Prosecutor of the International Criminal Court (ICC) announced the commencement of a preliminary examination into the situation in Georgia. Progress was slow. However, on January 27, 2016, Pre-Trial Chamber I granted authorization to the Prosecutor to open an investigation into the situation. In Georgia, despite the presence of the necessary domestic legislative framework for prosecuting international crimes, national investigative …

International Organizations: The Work Of The Un In 2015, Javier Etcheverry Boneo, Elizabeth A. Turchi, Renee Dopplick, Jehmal Hudson, Gabrielle Culmer, Poopak Taati

The Year in Review

No abstract provided.

Anti-Corruption, Leslie A. Benton, Stuart H. Deming, Mikhail Reider-Gordon, Frank A. Fariello, Christina M. Mitropoulos

The Year in Review

No abstract provided.

Neutrality And Cyberspace: Bridging The Gap Between Theory And Reality, Noam Neuman

International Law Studies

While there exists a broad consensus among States that international law generally applies to the cyber domain, particular views regarding the applicability of the law of neutrality have rarely been put forward, and presently there seems to be insufficient State practice and domain-specific opinio juris in this regard. Against this backdrop, several attempts have been made throughout the years to apply certain neutrality rules to cyberspace by referring to analogies from other domains. However, this legal regime provides an emblematic example of what the introduction of traditional rules of international law, formulated with the physical domains of warfare in mind, …

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken during this …

Darryl Robinson's Model For International Criminal Law: Deontic Principles Developed Through A Coherentist Approach, Milena Sterio

Law Faculty Articles and Essays

Darryl Robinson’s new book, Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law, presents a compelling argument: that international criminal law would benefit from deontic reasoning. According to Robinson, this type of deontic reasoning “requires us to consider the limits of personal fault and punishability,” and is a “normative reasoning that focuses on our duties and obligations to others.” Moreover, Robinson argues in this book that coherentism is the best method for identifying and defining deontic principles. Robinson explains that coherentism is an approach where “[w]e use all of our critical reasoning tools to test past understandings …

The Impact Of Covid-19 On Immigration Detention, Fatma Marouf

Faculty Scholarship

COVID-19 has spread quickly through immigration detention facilities in the United States. As of December 2, 2020, there have been over 7,500 confirmed COVID-19 cases among detained noncitizens. This Article examines why COVID-19 spread rapidly in immigration detention facilities, how it has transformed detention and deportation proceedings, and what can be done to improve the situation for detained noncitizens. Part I identifies key factors that contributed to the rapid spread of COVID-19 in immigration detention. While these factors are not an exhaustive list, they highlight important weaknesses in the immigration detention system. Part II then examines how the pandemic changed …

The Prison Litigation Reform Act And The Physical Injury Requirement In The Context Of Transgender Inmates, Hunter Kravitz

Cardozo International & Comparative Law Review

The note examines the impact of the Prison Litigation Reform Act (PLRA) on transgender inmates, focusing on its physical injury requirement, which disproportionately bars access to justice for those with mental or emotional injuries. It highlights the ethical and constitutional concerns arising from the PLRA's application, particularly its unequal treatment of transgender inmates, and advocates for reforms to ensure equitable access to justice.

Prostitutes And Policing - Analysis Of Tactics Used To Reduce The Demand For Sex, Morgan Helfman

Cardozo International & Comparative Law Review

The note critically examines the tactics used to reduce demand for commercial sex, focusing on the Nordic Model and its implementation in the U.S. It argues that while these tactics aim to deter buyers through shaming and criminalization, they raise ethical, legal, and practical concerns, particularly regarding police misconduct and the impact on marginalized communities. The analysis advocates for a shift toward education and rehabilitation over punitive measures to address the root causes of prostitution.

On Command, Diane Marie Amann

Scholarly Works

By reference to the Lieber Code and other sources, this essay emphasizes the history of responsibility underlying the doctrine of command responsibility, and further criticizes developments that seem to have intermingled that doctrine with what are called “modes of liability. The essay urges that consideration of commander responsibility stand apart from other such “modes,” and cautions against a jurisprudence that raises the risk that, before fora like the International Criminal Court, no one can be held to account. It appears in a symposium issue exploring a 2020 Cambridge University Press book by Darryl Robinson, Justice in Extreme Cases: Criminal Law …

Rehabilitating Charge Bargaining, Nancy Amoury Combs

Faculty Publications

Nobody likes plea bargaining. Scholars worldwide have excoriated the practice, calling it coercive and unjust, among other pejorative adjectives. Despite its unpopularity, plea bargaining constitutes a central component of the American criminal justice system, and the United States has exported the practice to a host of countries worldwide. Indeed, plea bargaining has even appeared at international criminal tribunals, created to prosecute genocide and crimes against humanity--the gravest crimes known to humankind. Although all forms of plea bargaining are unpopular, commentators reserve their harshest criticism for charge bargaining because charge bargaining is said to distort the factual basis of the defendant's …

Pencabutan Kewarganegaraan Tentara Isis Yang Akan Kembali Ke Indonesia, Reza Adhitya Akbar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

ISIS's troops are not only citizens of Iraq or Syria, but come from various citizens and also Islam recruited by ISIS, not excluding Indonesian citizens. Based on the above description, two formulas are defined, namely: (1) What is the legal status of a citizen who is a soldier of ISIS; And (2) Is the Indonesian government obliged to protect its citizens who consciously become ISIS troops. The type of research used is normative legal research. The result of this research is the status of Indonesian Citizen who becomes ISIS soldier can not be revoked his citizenship because it does not …

Peran Perbankan Dalam Pencegahan Dan Pemberantasan Tindak Pidana Narkotika, Muhammad Zulamanah Isnaem

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Narcotics crimes have become a tremendous problem for now. Narcotics crime continues to grow in every country, including Indonesia. With the globalization of banking, through the banking system, funds from the proceeds of narcotics crime, moving or moving beyond the state jurisdiction using bank secrecy issued by the banks. The role of Banks in the Prevention and Eradication of Narcotics Crimes must carry out the principle of customer due diligence. This is very useful to find out the latest position for users of banking services. There fore the role of the implementation of CDD is very broad, both in terms …

Amplifying Voices And Fighting Impunity: A Case For Incorporating Victim Impact Into Early Release Decisions At The International Residual Mechanism For Criminal Tribunals, Yasmine Palmer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Relieved Of All Punishment By Human Hands: The Status Of International Criminal Convictions, Dorothy M. Canevari

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte

William & Mary Journal of Race, Gender, and Social Justice

The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties in the United States, but Congress has placed draconian limits on the discretion of immigration courts to cancel removal where noncitizens have committed certain crimes. The recently issued U.S. Supreme Court decision in Barton v. Barr illustrates the troubling trend of affording less discretion for immigration courts to balance family life in removal decisions that involve underlying criminal conduct. At issue was the “stop-time rule” …