Digital Commons Network^™

Mass Shootings And Offenders' Motives: A Comparison Of The United States And Foreign Nations, Vanessa Terrades

ILSA Journal of International & Comparative Law

Forty-nine bodies laid lifelessly on the ground while many others laid beside them, covered in blood, pretending to be dead to save their lives from the gunman who opened fire in the night club.1 That was the scene at Pulse Night Club on June 11, 2016, which turned the enjoyment at a nightclub into a nightmare

Decisions That Declared Laws Unconstitutional And Their Impact On Japanese Families, Yuichiro Tsuji

ILSA Journal of International & Comparative Law

No abstract provided.

Exploring The Intersections Between International And Domestic Justice Efforts, Susana Sacouto

American University International Law Review

No abstract provided.

Promoting Domestic Accountability For Conflict-Related Sexual Violence: The Cases Of Guatemala, Peru, And Colombia, Daniela Kravetz

American University International Law Review

No abstract provided.

Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens

Articles

In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate …

Do International Criminal Tribunals Have A Deterrent Effect On Human Rights Abuses?, Rachel Lehr

War Crimes Memoranda

No abstract provided.

Modes Of Liability, Cumulative Convictions, And Charging Language, Ankita Channarasappa

War Crimes Memoranda

No abstract provided.

The Level Of Proof Required To Indict A Person And Send Them To Trial At The Extraordinary Chambers In The Courts Of Cambodia Specifically Addressing The Levels Of Proof To Indict A Person Of France And Other International Criminal Courts, Also Analysing The Statutes, Documents And Jurispurdiction Of The Eccc To Draw A Conclusion, Xiong Shi

War Crimes Memoranda

No abstract provided.

What Would Be The Legal And Political Ramifications If The Un Decided To Stop Funding The Eccc Prior To The Current Investigations And Trials Being Finalized? Assess The Ramifications In The Cambodian And International Context., Stephanie M. Farah

War Crimes Memoranda

No abstract provided.

In International Criminal Law Does The Prosecutor Have A Responsibility To Ensure That The Facts Forming The Historical Context In Which Large-Scale Human Rights Abuses Occurred Are Adjudicated At Trial? Why Or Why Not?, Tyler Portner

War Crimes Memoranda

No abstract provided.

Whether The Adoption Of Civil Criminal Justice System As Opposed To The Common Law Criminal Justice System In Eccc Is A Correct Decision. Specifically Addressing The Pros And Cons Of Both Legal Systems, Lulu Jing

War Crimes Memoranda

No abstract provided.

The Hybrid Court Of South Sudan: Progress Towards Establishment And Sustainable Peace, Elizabeth Watchowski

Loyola University Chicago International Law Review

No abstract provided.

War/Crimes And The Limits Of The Doctrine Of Sources, Steven R. Ratner

Book Chapters

International humanitarian law (IHL) and international criminal law (ICL) are the product of lawmaking processes that are not captured in the black-letter doctrine of sources under which Article 38 of the ICJ Statute is the rule of recognition for international law. Despite efforts by certain institutional players and scholars to place these two regimes squarely within Article 38, both remain distinct in terms of how actors determine whether a purported rule is a legal rule. These distinctions constitute a challenge to the idea of a unified rule of recognition and argue instead for looking for indicators (not rules) about a …

Year In Review Lecture, Milena Sterio

Law Faculty Articles and Essays

No abstract provided.

Forward To The Global Center Symposium On Crimes Without Borders: In Search Of Internatinal Justice, Linda E. Carter

University of the Pacific Law Review

No abstract provided.

Keynote Speaker Wrestling Tyrants: Do We Need An International Criminal Justice System?, Christopher L. Blakesley

University of the Pacific Law Review

No abstract provided.

Notes On Joint Criminal Enterprise Before The International Criminal Tribunal For The Former Yugoslavia, Fausto Pocar

University of the Pacific Law Review

No abstract provided.

Linguistic And Cultural Diversity In Interntational Criminal Justice: Toward Bridging The Divide, Leigh Swigart

University of the Pacific Law Review

No abstract provided.

Plea Bargaining And International Criminal Justice, Jenia Iontcheva Turner

University of the Pacific Law Review

No abstract provided.

The Continuing Peace With Justice Debate: Recent Events In Uganda And The International Criminal Court, Linda M. Keller

University of the Pacific Law Review

No abstract provided.

Cross-Border Evidence Gathering In Transnational Criminal Investigation: Is The Microsoft Ireland Case The 'Next Frontier'?, Robert Currie

Articles, Book Chapters, & Popular Press

A recent and prominent American appeals court case has revived a controversial international law question: can a state compel a person on its territory to obtain and produce material which the person owns or controls, but which is stored on the territory of a foreign state? The case involved, United States v. Microsoft, features electronic data stored offshore which was sought in the context of a criminal prosecution. It highlights the current legal complexity surrounding the cross-border gathering of electronic evidence, which has produced friction and divergent state practice. The author here contends that the problems involved are best understood—and …

Opposing International Justice: Kenya’S Integrated Backlash Strategy Against The Icc, Laurence R. Helfer, Anne E. Showalter

Faculty Scholarship

The government of Kenya has employed a wide range of strategies to undermine the recently-dismissed prosecutions of President Uhuru Kenyatta and Deputy President William Ruto before the International Criminal Court (ICC). This Article argues that these strategies are part of an integrated backlash campaign against the ICC, one that encompasses seemingly unrelated actions in multiple global, regional and national venues. We identify three overarching themes that connect these diverse measures— politicizing complementarity, regionalizing political opposition, and pairing instances of cooperation and condemnation to diffuse accusations of impunity. By linking its discrete acts of opposition to these three themes, the government …

The Icc's Role In Combatting The Destruction Of Cultural Heritage, Mark S. Ellis

Case Western Reserve Journal of International Law

However, the case’s firm grounding in international law, and the clear connection between a category of cultural-property crimes and attempts at cultural erasure, challenges the notion that these are second-rate crimes. The case reinforces the legal principle that attacks on culture, like attacks against people, constitute war crimes subject to international criminal prosecution. The Al Mahdi case will be significant in determining how the international community should best deal with such abhorrent attacks in the future.

Klatsky Endowed Lecture, Presented By The U.N. High Commissioner For Human Rights, Prince Zeid Ra'ad Al Hussein

Case Western Reserve Journal of International Law

A speech that discusses the quest for global justice through monitoring, factfinding and reporting injustices such as torture, arbitrary detention, enforced disappearance, sexual violence, slavery, murder, and discrimination.

Guilty Until Proven Innocent: International Prosecutorial Failure To Disclose Exculpatory Evidence, Michelle Ahronovitz

University of the Pacific Law Review

No abstract provided.

All For The Kids: A Case For Ratification Of The U.N. Convention On The Rights Of The Child, Jessica L. Hirte

Departmental Honors Projects

The United Nations Convention on the Rights of the Child (CRC) is the most rapidly signed and ratified human rights instrument in UN history, yet the United States is the only UN member not to ratify the CRC. However, if the United States wants to maintain its status as a global human rights leader, ratifying the CRC would be a step in the right direction.

There are several arguments against U.S. ratification, such as a concern that the CRC could undermine parental authority, more specific concerns relating to issues such as children’s education and access to abortion, and a concern …

Can Mediation Deliver Justice?, Sherif Elnegahy

Cardozo Journal of Conflict Resolution

Can mediation deliver justice? This article seeks to answer this controversial question by exploring the idea of justice through a number of perspectives, including the historical, philosophical, and religious perspectives. After reaching an understanding on the idea of justice, the article discusses two main means of delivering justice: formal justice-including an analysis of its strength and limitations-and creative justice. The article proceeds to demonstrate the relationship between mediation and justice and mediation's ability to deliver several justice outcomes, which include procedural justice, distributive justice, and restorative justice. The article concludes by highlighting the possible challenges that can accrue when attempting …

The Abiding Problem Of Witness Statements In International Criminal Trials, Megan A. Fairlie

Faculty Publications

Recent amendments to the Rules of Procedure and Evidence for the International Criminal Court (“ICC”) give Trial Chambers the discretion to admit unexamined, party-generated witness statements in lieu of live testimony. The use of this evidence—which undermines the right of confrontation and prevents the judges from independently assessing witness credibility—is now a hotly contested issue in each of the Court’s ongoing trials. As ICC judges grapple with the thorny question of how to implement these new provisions without undermining the right to a fair trial, this Article, which is the first to examine the rule amendments and their early implementation, …

Fairness, Legitimacy, And Selection Decisions In International Criminal Law, Jonathan Hafetz

Vanderbilt Journal of Transnational Law

The selection of situations and cases remains one of the most vexing challenges facing the International Criminal Court (ICC) and other international criminal tribunals. Since Nuremberg, international criminal law (ICL) has experienced significant progress in developing procedural safeguards designed to protect the fair trial rights of the accused. But it continues to lag in the fairness of its selection decisions as measured against the norm of equal application of law, whether in the disproportionate focus on certain regions (as with the ICC's focus on Africa), the application of criminal responsibility only to one side of a conflict, or the continued …

Plea Bargaining And International Criminal Justice, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Over the last two decades, plea bargaining has spread beyond the countries where it originated — the United States and other common law jurisdictions — and has become a global phenomenon. Plea bargaining is spreading rapidly to civil law countries that previously viewed the practice with skepticism. And it has now arrived at international criminal courts.

While domestic plea bargaining is often limited to non-violent crimes, the international courts allow sentence negotiations for even the most heinous offenses, including genocide and crimes against humanity. Its use remains highly controversial, and debates about plea bargaining in international courts continue in court …