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Full-Text Articles in Law
Analyzing Somali Piracy Prosecutions, Molly Parent
Analyzing Somali Piracy Prosecutions, Molly Parent
SURE (Stonehill Undergraduate Research Experience)
•From 2001-2010 the number of piracy incidents spiked. Somali piracy differs from other forms of piracy because it has a distinct modus operandi. Whereas most piracy is theft, Somali attacks focus primarily on capturing vessels and holding them for ransom. •The vessel attacks occur primarily in the high seas, outside the territorial jurisdiction of any one nation. Therefore, Somali piracy cases have been heard in various courts around the world. Many cases have been prosecuted in Kenya, Seychelles, the Netherlands, as well as many other countries around the world. •This analysis examines the nature of these prosecutions, and whether there …
The Penalties For Piracy: An Empirical Study Of National Prosecution Of International Crime, Eugene Kontorovich
The Penalties For Piracy: An Empirical Study Of National Prosecution Of International Crime, Eugene Kontorovich
Faculty Working Papers
This Article examines the sentences imposed by courts around the world in prosecutions of Somali pirates captured on the high seas. Somali piracy has become perhaps the highest-volume area of international criminal law by national courts. As with other international crimes, international law is silent on the subject of penalties. The large number of parallel prosecutions of offenders from a single international "situation" offers an empirical window into the interactions between international and national law in municipal courts; into factors affecting punishment for international crimes and the hierarchy of international offenses; and of course into potential concerns with the current …
Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks
Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks
Scholarly Works
The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …
Reviewing Supranational Criminology: Towards A Criminology Of International Crimes, Alette Smeulers & Roelof Haveman, Eds. (2008), Mark A. Drumbl
Reviewing Supranational Criminology: Towards A Criminology Of International Crimes, Alette Smeulers & Roelof Haveman, Eds. (2008), Mark A. Drumbl
Scholarly Articles
Not available.
Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of International Armed Conflict, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks
Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of International Armed Conflict, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks
Faculty Journal Articles and Book Chapters
The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …
Democratic Responses To International Terrorism, Christopher L. Blakesley
Democratic Responses To International Terrorism, Christopher L. Blakesley
Scholarly Works
This volume provides a multidisciplinary study of terrorism. The editor notes at the outset the difficulty of definition: "Terrorism is not a one-dimensional problem; it transcends many frontiers: political, jurisdictional, institutional, disciplinary and methodological. So approaching the problem from only one perspective may lead to only partial understanding and an incomplete strategy for developing constructive responses” (p. 3). Note the tendency of even this careful statement to assume that terrorism is always committed by others, Also, although legal definition and consideration may be implied by the terms polical, jurisdictional, institutional and disciplinary, which are indicated as various dimensions of …