Digital Commons Network^™

Social Media Platforms In International Criminal Investigations, Rebecca J. Hamilton

Case Western Reserve Journal of International Law

"YouTube’s tagline is “Broadcast Yourself.”64 People around the world have taken up the invitation, including people whose lives are being lived out in conflict zones. Proponents of international criminal justice have seized upon the resulting material for its evidentiary value, and we are seeing the field of international criminal investigations in the midst of a major transformation as a consequence. There has been plenty of commentary about this transformation in terms of the challenges and opportunities that the evidence itself brings. But less attention has been given to what these technology-driven developments have done to expand the range of actors …

Irregular Forces, Irregular Enforcement: Making Peace Agreements In Non-International Armed Conflicts Durable, Margaux J. Day, Eian Katz

Case Western Reserve Journal of International Law

"The legal status of NIAC peace agreements is a matter that remains unresolved. While it is clear that AOGs may attain international legal personality in some contexts, authoritative sources of interpretation have not reached a consensus with respect to their capacity to create contracts. In Part I, this Article reviewed the controversy over AOG treaty-making power and the split within the courts on the issue. In Part II, it illustrated the many different areas of international law under which AOGs are held to possess legal personality, suggesting that they could be able to accede to binding treaties. Part III showed …

Prosecuting Starvation Crimes In Yemen's Civil War, Laura Graham

Case Western Reserve Journal of International Law

"This article will discuss whether the responsible parties for starvation in Yemen can be prosecuted under international criminal law (ICL) or international humanitarian law (IHL) for war crimes or crimes against humanity (CAH)."

Attacks Against Cultural Heritage As A Crime Against Humanity, Yaron Gottlieb

Case Western Reserve Journal of International Law

"The article begins with a brief overview of the contemporary international criminal law regime governing attacks against cultural heritage. It continues by identifying the main legal gaps as well as additional considerations that support the introduction of a distinct crime against humanity in the Draft Convention’s list of crime. The article then defines the proposed new crime and analyzes the crime’s elements including a definition of cultural heritage for the purpose of the Draft Convention."

The Third Wave -- Accountability For International Crimes In An Age Of Extremes, David M. Crane

Case Western Reserve Journal of International Law

"We have come too far and have accomplished too much together to step away from accountability. The rule of law in a robust human rights paradigm keeps the world stable. In some ways, the great gyroscope balances a world in an age of extremes. We must never take our eyes off the horizon of hope, peace, and the law. We should support and encourage the efforts by many in this Third Wave of accountability." (first of three concluding thoughts)

The International Law Commission's First Draft Convention On Crimes Against Humanity: Codification, Progressive Development, Or Both?, Charles C. Jalloh

Case Western Reserve Journal of International Law

"It is submitted that, if the General Assembly takes forward the ILC’s draft text to conclude a new crimes against humanity treaty after the second reading, this will make a significant contribution to the development of modern international criminal law."

Too Few Trials, Too Many Tribulations: The Icc's Terrible Year And Where To Go From Here, Elizabeth Evenson

Case Western Reserve Journal of International Law

"In June 2018, the International Criminal Court (ICC) appeals chamber reversed what had been the court’s most significant verdict: a 2016 conviction of a former Congolese vice-president, Jean-Pierre Bemba, for crimes committed in the Central African Republic.1 This was significant because it was the court’s first conviction for crimes of sexual and gender-based violence and on the basis of command responsibility, and because Bemba was among the most senior-ranking officials to appear for trial at the court.

An acquittal needs to be understood as a legitimate outcome to any justice process, but, in context, the decision touched off alarm bells …

Documentation For Accountability, Jessica C. Levy, Paul R. Williams

Case Western Reserve Journal of International Law

" In armed conflicts across the globe, it is imperative that war crimes, crimes against humanity, genocide, and other violations of international humanitarian law are effectively documented. Providing such documentation to judicial mechanisms can be critical for efforts to hold those who commit atrocities accountable. 72 Given the delays that routinely plague efforts to secure justice, it is important that the crimes are documented and that the evidence is ready for use in prosecutions when they emerge. Fortunately, the number of civil society actors engaged in documentation projects is growing rapidly, and technological innovations are beginning to emerge to assist …

The International Criminal Court: Current Challenges And Prospect Of Future Success, Milena Sterio

Case Western Reserve Journal of International Law

"The ICC has served as an agent of impunity since its inception in 1998, and its fundamental role in the field of international criminal justice as a permanent accountability mechanism remains undisputed. The court is, however, facing significant challenges which may threaten its legitimacy. These challenges can be surmounted if the court is willing to take a hard look at its own procedures, prosecutorial practices, and judicial attitudes. The ICC’s future may be bright if the court makes significant changes in the present." (Conclusion, p. 478)

A Program For The Next Icc Prosecutor, Alex Whiting

Case Western Reserve Journal of International Law

"As the International Criminal Court (ICC) begins the process of selecting the next Prosecutor, it finds itself at a critical moment. Few people believe that the institution has lived up to expectations. The court has brought relatively few cases, and many have not succeeded.2 While convictions were achieved in the Lubanga, Ntaganda, Katanga, and Al Mahdi cases, as well as in the obstruction of justice cases arising out of the Bemba prosecution, many other cases failed at the confirmation stage, during or after trial, or on appeal.3 he future looks grim. Presently, there is just one case at trial (Ongwen) …

Talking Foreign Policy: April 24, 2019 Broadcast: "Untangling The Yemen Crisis", Tfp Panel

Case Western Reserve Journal of International Law

"According to a recent UN report, the war in Yemen has become the worst humanitarian crisis on the planet. Welcome to Talking Foreign Policy. I’m your host Michael Scharf, [co-]Dean of Case Western Reserve University School of Law. In this broadcast our expert panelists will be discussing the history of the Yemen conflict, the challenges to resolving it, and the prospects for achieving accountability for the war crimes that have been committed there. Joining us for the second segment today, as soon as his cab arrives, is Dr. Paul Williams,3 the President of the Public International Law and Policy Group, …

Talking Foreign Policy: October 1, 2019 Broadcast: "The Rohingya Genocide", Tfp Panel

Case Western Reserve Journal of International Law

"According to a recent UN report, Facebook bears responsibility for the worst humanitarian disaster on the planet – the mass attacks against the Rohingya people of Burma. Welcome to “Talking Foreign Policy.” I’m your host, Michael Scharf, [co-]Dean of Case Western Reserve University School of Law. In this broadcast, our expert panelists will help us understand the Rohingya crisis, the role of Facebook, and the prospects for achieving accountability for the international crimes that have been committed against the Rohingya people in Burma."

Social Media: A Good Alternative, For Alternative Service Of Process, Emily Davis

Case Western Reserve Journal of International Law

A cost efficient and effective means of alternative service of process in civil and commercial cases upon both domestic and international defendants lies in social media. Traditional methods of service of process are preferred, but are not always practicable. When a defendant cannot be reached through traditional methods, judges should use their discretion and allow alternative service by social media in appropriate cases. Current methods of alternative service, such as publication, are not efficient or effective. By allowing alternative service of process via social media in certain cases, the defendant is much more likely to receive actual notice in a …

Abuse Of Power: Immigration Courts And The Attorney General's Referral Power, Julie Menke

Case Western Reserve Journal of International Law

In June 2018, then Attorney General Jeff Sessions issued Matter of A-B-. This decision vacated the holding of the 2014 Board of Immigration Appeals decision, Matter of A-R-C-G-. In A-R-C-G-, the adjudicator held that, depending on the specific facts of the case, “married women in Guatemala who are unable to leave their relationship” constitutes a particular social group. Membership in a particular social group is one of five ways to qualify for asylum in the United States. Membership is based on a fact specific analysis conducted by an immigration adjudicator. Sessions’s decision to vacate Matter of A-R-C-G- had a devastating …

Introducing Private-Property Rights To Cuba: How Cuba's New Constitution Paves The Way For Economic Growth, Renee Monzon

Case Western Reserve Journal of International Law

On February 24, 2019, Cuba adopted a new Constitution.1 The new Constitution formally recognizes private-property ownership. From the beginning of Socialism’s impact on Cuba, private-property ownership had been legally abolished until Fidel Castro stepped down from power in 2008.2 This new Constitution shows a departure from the socialist grasp on the economy. Cuba likely recognizes that private-property ownership is fundamental to economic growth in capitalist countries and now seeks to benefit from the growth that accompanies a system of private-property rights. Cuba is not the first socialist country to embark on a process of property privatization. This paper will look …

The Time For Judgment Has Arrived: The Zivotofsky V. Clinton Effect On The Political Question Doctrine's Application To The War Powers Resolution, Shannon M. Doughty

Case Western Reserve Journal of International Law

The War Powers Resolution was enacted to serve as a congressional restraint on the President’s power to engage in Military Action. Since then, Congress and the President have disagreed over the enforcement and constitutionality of the statute. Nonetheless, courts have dismissed cases regarding the War Powers Resolution claiming it is of a solely political nature i.e. a political question. The Judiciary traditionally apply the political question doctrine to issues regarding foreign affairs and, in effect, avoided hearing cases regarding the specifics of the war powers pertaining to Executive and Congress. This lack of judicial determination has resulted in the and …

"Balancing" Free Expression And Religious Feelings In E.S. V. Austria: Blasphemy By Any Other Name?, John G. Wrench

Case Western Reserve Journal of International Law

The European Court of Human Rights’ 2018 decision in E.S. v. Austria upheld an Austrian court’s conviction based on “disparaging religious doctrine.” The Court took this opportunity to reaffirm problematic, decades-old precedent, while creating new contradictions in its analysis of free expression claims. Despite the EU’s modern opposition to the criminalization of blasphemy, E.S. v. Austria in effect sends a contradictory message. This Comment explores the roots of the Court’s struggle to find an appropriate balance between the values of religious tolerance and freedom of expression, analyzes the Court’s recent decision, and suggests future paths to recalibrate the Court’s approach …

Equality Is A Brokered Idea, Robert L. Tsai

Faculty Scholarship

This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …

Color-Blind But Not Color-Deaf: Accent Discrimination In Jury Selection, Jasmine Gonzales Rose

Faculty Scholarship

Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too often deemed acceptable to exclude jurors because they sound like racial minorities. The fact that accent discrimination is commonly racial, ethnic, and national origin discrimination is overlooked. This Article critically examines sociolinguistic scholarship to explain the relationship between accent, race, and racism. It argues that accent discrimination in jury …

Federalism Complicates The Response To The Covid-19 Health And Economic Crisis: What Can Be Done?, Nicole Huberfeld, Sarah H. Gordon, David K. Jones

Faculty Scholarship

Federalism has complicated the US response to the novel coronavirus. States’ actions to address the pandemic have varied widely, and federal and state officials have provided conflicting messages. This fragmented approach has cost time and lives. Federalism will shape the long-term health and economic impacts of COVID-19, including plans for the future, for at least two reasons: First, federalism exacerbates inequities, as some states have a history of underinvesting in social programs, especially in certain communities. Second, many of the states with the deepest needs are poorly equipped to respond to emergencies due to low taxes and distrust of government, …

Brief Of Amici Curiae Legal Scholars In Support Of Equality In Support Of Respondents, Fulton V. City Of Philadelpha, Kyle Velte, David Cruz, Michael Higdon, Anthony Michael Kreis, Shirley Lin, Linda C. Mcclain

Faculty Scholarship

This Brief of Amici Curiae Legal Scholars in Support of Equality in Support of Respondents filed in Fulton v. City of Philadelphia addresses the propriety of an analogy to race discrimination in public accommodation cases involving sexual orientation discrimination. The race analogy in sexual orientation cases proceeds as follows: Advocates and judges widely agree that courts should, and would, reject a religious exemption claim by a public accommodation—such a foster care agency—seeking to turn away an African-American or interracial couple based on the public accommodation’s religious beliefs that Blacks are inferior to whites or that the races should not mix. …

Development Of Highly Sensitive Environmental Dna Methods For The Detection Of Bull Sharks, Carcharhinus Leucas (Müller And Henle, 1839), Using Droplet DigitalTm Pcr, Katherine E. Schweiss, Ryan N. Lehman, J. Marcus Drymon, Nicole M. Phillips

Faculty Publications

Background: As apex and mesopredators, elasmobranchs play a crucial role in maintaining ecosystem function and balance in marine systems. Elasmobranch populations worldwide are in decline as a result of exploitation via direct and indirect fisheries mortalities and habitat degradation; however, a lack of information on distribution, abundance, and population biology for most species hinders their effective management. Environmental DNA analysis has emerged as a cost‐effective and non‐invasive technique to fill some of these data gaps, but often requires the development of species‐specific methodologies.

Aims: Here, we established eDNA methodology appropriate for targeted species detections of Bull Sharks, Carcharhinus …

The Enactment Of Setting Policy In Secondary School Physical Education, Shaun D. Wilkinson, Dawn Penney, Linda Allin, Paul Potrac

Research outputs 2014 to 2021

© 2020, © 2020 Informa UK Limited, trading as Taylor & Francis Group. The micro-level enactment of educational policy has received little attention in the physical education [PE] literature, particularly as it relates to setting policy. This study employs enactment theory to provide original insights into the ways in which setting policy was enacted by PE teachers in three mixed-gender secondary schools in England. The work of Stephen Ball and colleagues is used to examine the distinct and combined influence of the situated, material, professional and external dimensions of context on setting policy and practices in PE in these three …

Prostate Cancer Survivorship Essentials Framework: Guidelines For Practitioners, Jeff Dunn, Anna Green, Nicholas Ralph, Robert U. Newton, Andrew Kneebone, Mark Frydenberg, Suzanne K. Chambers

Research outputs 2014 to 2021

© 2020 The Authors BJU International © 2020 BJU International Published by John Wiley & Sons Ltd Objective: To develop contemporary and inclusive prostate cancer survivorship guidelines for the Australian setting. Participants and Methods: A four-round iterative policy Delphi was used, with a 47-member expert panel that included leaders from key Australian and New Zealand clinical and community groups and consumers from diverse backgrounds, including LGBTQIA people and those from regional, rural and urban settings. The first three rounds were undertaken using an online survey (94–96% response) followed by a fourth final face-to-face panel meeting. Descriptors for men’s current prostate …

Are Negative Beliefs About Psychosis Associated With Emotional Distress In Adults And Young People With Such Experiences? A Meta-Analysis, Esmira Ropaj, Andrew Jones, Joanne Dickson, Zabina Gill, Peter J. Taylor

Research outputs 2014 to 2021

© 2020 The Authors. Psychology and Psychotherapy: Theory, Research and Practice published by John Wiley & Sons Ltd on behalf of British Psychological Society Objective: Emotional distress, including depression and anxiety, is commonly reported amongst individuals experiencing psychosis. The beliefs individuals hold about the meaning of their psychosis may explain the distress they experience. The current meta-analysis aimed to review the association between beliefs about psychosis experiences and emotional distress. Method: Three electronic databases (PsycINFO, MEDLINE, and CINAHL) were searched using keywords and controlled vocabulary (e.g., Medical Subject Headings) from date of inception to August 2019. A total of 19 …

Informal Sport And Curriculum Futures: An Investigation Of The Knowledge, Skills And Understandings For Participation And The Possibilities For Physical Education, Justen O’Connor, Dawn Penney

Research outputs 2014 to 2021

© The Author(s) 2020. Internationally, patterns of participation in sport are changing, with so-called ‘informal’ participation displacing club-based and other formally structured involvement in sport. This paper reports research that is investigating changing forms of participation from an educational perspective. It directs attention to what physical education can learn from informal sport and how physical education can align pedagogically with contemporary participation trends, to help grow and sustain young people’s engagement in sport beyond schools. The paper presents findings from two sequential elements of an ongoing research project. The first is a systematic review of literature pertaining to informal participation …

Clinical Oncology Society Of Australia: Position Statement On Cancer-Related Malnutrition And Sarcopenia, Nicole Kiss, Jenelle Loeliger, Merran Findlay, Elizabeth Isenring, Brenton J. Baguley, Anna Boltong, Alexis Butler, Irene Deftereos, Michelle Eisenhuth, Steve F. Fraser, Rebecca Fichera, Hayley Griffin, Sandi Hayes, Emily Jeffery, Catherine Johnson, Chris Lomma, Barbara Van Der Meij, Carolyn Mcintyre, Tracey Nicholls, Lina Pugliano, Tina Skinner, Jane Stewart, Judy Bauer

Research outputs 2014 to 2021

© 2020 The Authors. Nutrition & Dietetics published by John Wiley & Sons Australia, Ltd on behalf of Dietitians Australia. This position statement describes the recommendations of the Clinical Oncology Society of Australia (COSA) regarding management of cancer-related malnutrition and sarcopenia. A multidisciplinary working group completed a review of the literature, focused on evidence-based guidelines, systematic reviews and meta-analyses, to develop recommendations for the position statement. National consultation of the position statement content was undertaken through COSA members. All people with cancer should be screened for malnutrition and sarcopenia in all health settings at diagnosis and as the clinical situation …

Finding The Familiar In The Strange: Transcultural Learning As Rihla رحلة At An Australian University, T. Dobinson, Maggie Mcalinden, P. Mercieca, T. Bogachenko

Research outputs 2014 to 2021

© 2020, © 2020 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. Diverse university campuses present an ideal context for fostering transcultural learning. Despite the potential that this diversity presents, universities in Australia have yet to make use of this opportunity. The pilot study described here investigates an informal learning experience created by the hosting of the Department of Foreign Affairs and Trade (DFAT) funded Arab Film Festival Australia (AFFA) on an Australian university campus. By imagining and exploring new ways in which universities can encourage transcultural learning and bring students and academics together, this …

Marked Increase In Community-Associated Methicillin-Resistant Staphylococcus Aureus Infections, Western Australia, 2004-2018, Lauren E. Bloomfield, G. W. Coombs, S. Tempone, P. K. Armstrong

Research outputs 2014 to 2021

© 2020 World Scientific Publishing Company. This study presents enhanced surveillance data from 2004 – 2018 for all community-associated methicillin-resistant Staphylococcus aureus (CA-MRSA) specimens collected in Western Australia (WA), and describes the changing epidemiology over this period. A total of 57,557 cases were reviewed. Annual incidence rates increased from 86.2 cases per 100,000 population to 245.6 per 100,000 population (IRR = 2.9, CI95 2.7 – 3.0). The proportion of isolates carrying Panton-Valentine leukocidin (PVL)-associated genes increased from 3.4% to 59.8% (χ2 test for trend 7021.9, p0.001). The emergence of PVL-positive, “Queensland CA-MRSA” (ST93- IV) and “WA 121” (ST5-IV) accounted for …

Towards An Improved Intuitive Interface For Remotely Operated Vehicles, Andre Chia, Cheslav Balash

Research outputs 2014 to 2021

© 2020 Currently joysticks are used for ROVs’ interface, though they prove to be tedious and there have been cases of severe damage to the vehicle and subsea architecture due to operator fatigue and attention loss. There is anecdotal evidence to suggest that the ease of manoeuvring with a more intuitive interface design would minimise these damage risks and psychological pressures related to operation. In this study we explored options for a more intuitive physical modality of ROV's interface. Specifically, we modelled alternative controllers and their operating functions in a 3D environment to provide insight on how they could be …