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The Legal And Practical Framework For Psychiatric Diagnoses As Bases For Requests For Euthanasia And Physician-Assisted Suicide In The Netherlands, Kasey Joyce

Florida Journal of International Law

There is not a clear answer on what kinds of cases are the kinds that cause successful requests for euthanasia or assisted suicide (EAS), but most of them are diagnoses that hold severe and terminal physical symptoms or those that have chronic and severe psychiatric issues. A lingering question—one that is now being debated and revisited—is whether a diagnosed mental illness falls into the requisite terminal illness definition to pass through the procedure to get the end-of-life care available in the Netherlands. This Note will analyze the standards around what kinds of cases will pass through the Physician Review Board …

A Critical Analysis Of The Rome Statute Implementation In Afghanistan, Abdul Mahir Hazim

Florida Journal of International Law

Afghanistan has been a war-torn country for the past forty years. Over this time, countless atrocities have been committed and the lives of thousands of innocents have been taken. For example, according to the most recent report by the UN Assistance Mission in Afghanistan (UNAMA), in 2018 alone 10,993 civilians were killed or injured in the country, one of the highest number of causalities since UNAMA started recording such numbers in 2007. Yet no one has been held accountable for the atrocities, neither in national nor in international courts, and an entrenched culture of impunity continues to flourish to the …

The International Criminal Court And The Security Council: Ten Years Of Coexistence Or Conflict?, Mohamed Hasan Alqassimi

UAEU Law Journal

The important role that was hoped to be done by the International Criminal Court requires us to look at the actual practice it has undertaken during the last ten years, and assess the extent to which it had managed to live up to the expectations that were prevalent when it was established, particularly, its role in eliminating the idea of immunity and impunity punishment, which has long been an obstacle to the development of the international criminal system. This paper mainly evaluates the work of the International Criminal Court, particularly in determining the scope of its relationship to the UN …

Roadblocks Of Retribution: The Problems With Internationalized Criminal Tribunals As A Mechanism For Reconciliation, Elizabeth Anne Weinman

Senior Theses

Since their inception, scholars have questioned the efficacy of internationalized criminal tribunals, or ICTs. ICTs are a tool for the international community to deal with and punish perpetrators of atrocities. More recent ad hoc (or ‘as needed’) tribunals, such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Court for Sierra Leone (SCSL) also stated goals beyond the retributive justice of punishment; they sought to promote reconciliation. I examined why these courts were ultimately unable to promote reconciliation. Through an analysis of the histories, formation, and implementation of the ICTY and SCSL, I found that these …

Volume 1 (February 2021)

Graduate Legal Studies and International Programs Newsletter

A newsletter produced jointly by the Indiana University Maurer School of Law Office of Graduate Legal Studies and Office of International Programs.

Deportation Arrest Warrants, Lindsay Nash

Articles

The common conception of a constitutionally sufficient warrant is one reflecting a judicial determination of probable cause, the idea being that the warrant process serves to check law enforcement. But neither the Constitution nor the Supreme Court has fully defined who can issue arrest warrants within the meaning of the Fourth Amendment; the constitutional significance of arrest “warrants” that are not; or when (if ever) warrants of any type are constitutionally required for deportation-related arrests. In that void, the largest federal law enforcement agency—the Department of Homeland Security (DHS)—is on pace to issue over 150,000 administrative “warrants” annually, authorized by …

Focused Accountability: A Bilateral Response To The International Proliferation Of Fentanyl Analogues, Razi Lane

Notre Dame Journal of International & Comparative Law

No abstract provided.

Encirclement, Deprivation, And Humanity: Revising The San Remo Manual Provisions On Blockade, Tom Dannenbaum

International Law Studies

Among the most pernicious trends in contemporary armed conflict is the return of mass starvation in war, in some cases as its primary source of human suffering. This has prompted a renewed focus on the relevant rules of international humanitarian law (IHL). On some issues, there is relative consensus. On the issue of deprivation by encirclement, however, there is confusion.

Some have questioned whether the prohibition on the starvation of civilians as a method of warfare applies to encirclements at all, particularly in the naval context. Others have interpreted the prohibition vanishingly narrowly. In contrast to the more extreme of …

Remedies For Human Rights Violations: A Reform Proposal For Addressing Victims Of Criminal Proceedings In Ethiopia, Abdi Jibril Ali

Northwestern Journal of Human Rights

No abstract provided.

Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the visual legal advocacy documentary film, Collared, by Garrick Apollon (author of this Article). Collared premiered in fall 2018 to a sold-out audience at the Hot Docs Cinema in Toronto for the Hot Docs for Continuing Professional Education edutainment initiative. Collared features the story and reveals the testimony of a convicted ex-insider trader who is still struggling with the tragic consequences of “the most prolonged insider trading scheme ever discovered by American and Canadian securities investigators.” The intimate insights shared by former lawyer and reformed white-collar criminal, Joseph Grmovsek, serves as a painful reminder of the …

Evisceration Of The Right To Appeal: Denial Of Individual Responsibility As Actionable Genocide Denial, Jennifer E. King

Vanderbilt Law Review

Tensions arise during litigation in the international criminal justice system between the practice of the international criminal tribunals, domestic laws, and policy decisions of United Nation (“UN”) Member States. One such tension arises between domestic genocide denial laws, which typically criminalize denial of genocide as a strict liability offense, and the preservation of due process for persons convicted of genocide seeking appeal. In theory, denying individual responsibility during the appeal of a conviction by an international tribunal could constitute punishable genocide denial under some domestic laws. This criminalization of the appeal process would violate the due process rights of international …

Politics And The Institutional Integrity Of The Icc, In The Past, Present, And Future Of The International Criminal Court (Alexander Heinze & Viviane Dittrich Eds., 2021), Shannon Fyfe

Books and Chapters

The Rome Statute of the International Criminal Court (‘Rome Statute’ and ‘ICC‘) emerged following years of interest from various governments in establishing a permanent court to prosecute perpetrators of international crimes. The treaty that eventually established the ICC was the result of inter-governmental negotiations, which were ultimately successful in large part due to the ‘tribunal fatigue’ of governments concerned by “the financial and political costs of creating ad hoc United Nations (‘UN’) criminal tribunals for the atrocities that burdened so many regions of the world”. A permanent court would “provide greater efficiencies in addressing the investigation and prosecution of atrocity …

The Promise Of International Law: A Third World View, James Thuo Gathii

American University International Law Review

No abstract provided.

‘A Hussy Who Rode On Horseback In Sexy Underwear In Front Of The Prisoners’: The Trials Of Buchenwald’S Ilse Koch, Mark A. Drumbl, Solange Mouthaan

Scholarly Articles

Ilse Koch’s trials for her role in atrocities at the Nazi Buchenwald concentration camp served as visual spectacles and primed her portrayal in media and public spaces. Koch’s conduct was credibly rumored to be one of frequent affairs, simultaneous lovers, and the sexual humiliation of prisoners. The gendered construction of her sexual identity played a distortive role in her intersections with law and with post-conflict Germany. Koch’s trials revealed two different dynamics. Koch’s actions were refracted through a patriarchal lens which spectacularized female violence and served as an optical space to (re)establish appropriate feminine mores. Feminist critiques of Koch’s trials …

China's Crimes Against Humanity Upon The Uyghur People Under The Rome Statute Of The International Criminal Court, Alex Fox

Loyola University Chicago International Law Review

No abstract provided.

Ilsa Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Blue States, Red States: The United States?, Catherine Powell

Maryland Journal of International Law

No abstract provided.

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …

The Emerging Shape Of Global Justice: Retrogression Or Course Correction?, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

2021 Distinguished International Law Visitor Lecture: East And West, To The Ratline, And Beyond: On Memory And Identity, Philippe Sands

Lewis & Clark Law Review

No abstract provided.

Closing International Law's Innocence Gap, Brandon L. Garrett, Laurence R. Helfer, Jayne C. Huckerby

Faculty Scholarship

Over the last decade, a growing number of countries have adopted new laws and other mechanisms to address a gap in national criminal legal systems: the absence of meaningful procedures to raise post-conviction claims of factual innocence. These legal and policy reforms have responded to a global surge of exonerations facilitated by the growth of national innocence organizations that increasingly collaborate across borders. It is striking that these developments have occurred with little direct help from international law. Although many treaties recognize extensive fair trial and appeal rights, no international human rights instrument—in its text, existing interpretation, or implementation—explicitly and …

Demystifying The Legitimacy Of International Tribunals: Case Study Of The International Court Of Justice And Its Decisions On Armed Activities In The Congo, Roger-Claude Liwanga, Casondra Turner

Emory International Law Review

Over the last seven decades, there has been a proliferation of international tribunals. Yet, they have not received unanimous approval, raising questions about their legitimacy. A legitimate international tribunal is one whose authority to adjudicate international disputes is perceived as justified. Using the case study of the International Court of Justice (I.C.J.), this Article highlights the three criteria that should be considered in assessing the legitimacy of an international tribunal, which include legal, sociological, and moral elements. It also contends that the I.C.J. cannot claim “full” legitimacy if any of these components are missing in its decisions. The Article further …

Should We Be Merciful To The Merciless—Mercy In Sentencing, Doron Menashe

Emory International Law Review

The aim of this Article is to present a normative argument for mercy as a legitimate consideration in judicial proceedings, defining it as a distinct and independent element not encompassed by normal concerns of justice, retribution and individuation of sentencing. The Article addresses two meanings of mercy in the judicial context, both of which have—in the view of the author—a rightful part in the process of judgment and sentencing. These are “mercy” in the weak sense, i.e., a deliberative state of mind which accompanies the judicial proceedings (“Lesser Mercy”), and “mercy” in the strong sense, i.e., the judicial prerogative of …

The Promise Of International Law: A Third World View, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Front Matter, Volume 53

Case Western Reserve Journal of International Law

No abstract provided.

Foreword: American Society Of International Law's 10th Midyear Meeting, Michael P. Scharf, Bethany Gump Jones

Case Western Reserve Journal of International Law

No abstract provided.

Offender Rehabilitation In International Criminal Justice: Towards Implementation Of Tailored Rehabilitation Programs, Marina Maier

Case Western Reserve Journal of International Law

No abstract provided.

Bargaining Justice: Negotiating Law In An Indian Bazaar, Andy Rotman

Seattle University Law Review

This Symposium Article details the bazaars in the city of Banaras and explains why it is an especially good test case for considering the topic at hand: Corporate Capitalism and the City of God. The article explores how Banaras challenges normative views of “corporate capitalism,” both in terms of how it is practiced in the city and the rules that govern it. It further focuses on the legal system that is mobilized to guide commercial exchange and daily life in the bazaars of Banaras, this legal system’s relationship to the city’s courts and police, and the relationship between these two …

Epilogue: Some Musings On Deterrence, Mark A. Drumbl

Scholarly Articles

Does law matter? Might it make a difference? Affect human behaviour? Assumptively, yes, it is easy to surmise such causation. Indeed, law can guide. Law manages. At times, law can even control and command and direct. But law is such a sprawling category. Not all laws are the same. Some laws are, in an Orwellian sense, more equal than others. Some walk on four legs, which is good, but not every law comes to walk on two legs when it is better. And some laws, well, they may not move anywhere (or anyone) at all.

Prosecuting Crimes Against Culture: The Contributions Of The Al-Mahdi And Ntaganda Cases To The Icc Approach To Cultural Property Protections, Samira Mathias

Emory International Law Review Recent Developments

Across the world, cultural property has come under heavy fire in the midst of war. The proliferation of attacks against cultural property in armed conflicts around the world has underlined the need for effective protections for such property. If the International Criminal Court finds a way to extend jurisdiction to offences in these territories, Articles 8(2)(b)(ix) and 8(2)(e)(iv) of the Rome Statute will become the most important tools of prosecution. But the statute itself, while aiming at ending impunity, is bound by the pillars of criminal justice—lex praevia, lex certa, lex stricta, and lex scripta. This Article examines the Al …