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Full-Text Articles in Law
The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei
The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei
Washington International Law Journal
The International Criminal Court was set up as a court of last resort to prosecute the most serious crimes under international law when its member states are either unable or unwilling to act. The African Union initially welcomed the court due to the continent’s history of violence and war. However, their soured when the ICC began indicting African heads of state and government officials. Since then, there has been a constant “battle” over whether such defendants could invoke immunity under customary international law. General criticism of the ICC by the African Union and other observers for its lack of focus …
"So Far As War Allows": Why The Al Mahdi Conviction Is Unlikely To Stem The Pace Of Cultural Destruction Perpetrated By Non-State Actors, Jessica E. Burrus
"So Far As War Allows": Why The Al Mahdi Conviction Is Unlikely To Stem The Pace Of Cultural Destruction Perpetrated By Non-State Actors, Jessica E. Burrus
Washington International Law Journal
In September of 2016, Ahmad Al Faqi Al Mahdi was convicted in the International Criminal Court (“ICC”) for the intentional destruction of several World Heritage sites during the 2012 conflict in Timbuktu, Mali. This conviction was hailed as a breakthrough after years of frustration with the lack of enforcement of international laws prohibiting the destruction of cultural property. It was also the first conviction of its kind, and advocates of cultural preservation have celebrated it as a much-needed general deterrent in North Africa and the Middle East, where iconoclasm has become a favorite tactic of various state and non-state actors …
The Criminal Mind: Neuroscientific Evidence As A Mitigating Factor In Sentencing In New South Wales, Australia, Ellie A. Page
The Criminal Mind: Neuroscientific Evidence As A Mitigating Factor In Sentencing In New South Wales, Australia, Ellie A. Page
Washington International Law Journal
“Neurolaw” is the emerging field of Law and Neuroscience that has the potential to lend insight into an offender’s mental state and influence criminal responsibility. In New South Wales, Australia, courts allow neuroscientific evidence of an offender’s cognitive impairment as a consideration in sentencing proceedings. In this comment, I discuss the discretionary nature of New South Wales’ sentencing regime and the limitations of how neuroscience may be utilized within that regime. Although neuroscientists can address the association of an offender’s cognitive impairment with the commission of a crime, they cannot identify, with certainty, a causal relationship. I analyze an original …
The Criminalization Of Revenge Porn In Japan, Shigenori Matsui
The Criminalization Of Revenge Porn In Japan, Shigenori Matsui
Washington International Law Journal
Revenge porn is the practice of posting and distributing sexually explicit images of an ex-partner on the Internet to seek revenge after a breakup. Because it brings serious damages to the victims, it has become a significant social issue in Japan, the United States, and around the world. An increasing number of U.S. states and other countries are now enacting statutes criminalizing revenge porn. Recently, Japan joined these jurisdictions in criminalizing revenge porn when the Diet, the Japanese national legislature, passed the Revenge Porn Victimization Prevention Act. This article compares the Act with legislation in the United States and critically …
An Examination Of The Philippines' Anti-Terror Law—Suaviter In Modo, Fortiter In Re, Brent H. Lyew
An Examination Of The Philippines' Anti-Terror Law—Suaviter In Modo, Fortiter In Re, Brent H. Lyew
Washington International Law Journal
The Philippines is rife with competing struggles for rights of self-determination and international terrorist networks. For years, the Philippine government prosecuted suspected terrorists without an anti-terror law. The absence of an express criminal violation for acts of terrorism led to a blurred distinction between punishing terrorists and punishing secessionists. Responding to public outcry that the Philippine government was violating human rights by punishing secessionists unjustly, the United Nations conducted an investigation. This investigation led to the placement of the Philippine government on the United Nations’ human rights watch list. The Philippine legislature, shortly thereafter, passed the Human Security Act of …
Reconciliation In The Wake Of Tragedy: Cambodia's Extraordinary Chambers Undermines The Cambodian Constitutiton, Tessa V. Capeloto
Reconciliation In The Wake Of Tragedy: Cambodia's Extraordinary Chambers Undermines The Cambodian Constitutiton, Tessa V. Capeloto
Washington International Law Journal
Between 1975 and 1979, the Khmer Rouge regime was responsible for approximately 1.7 million deaths caused by deportation, starvation, murder, and torture. In 2001, Cambodia established the Extraordinary Chambers, an internationalized domestic tribunal, or “hybrid court,” to prosecute the perpetrators most responsible for these atrocities. As the Cambodian government’s primary legal response to the Khmer Rouge, the tribunal conflicts with the requirements of Article 52 of the Cambodian Constitution, an article that requires a policy of national reconciliation to ensure national unity. Cultural conceptions of national reconciliation coupled with the legislative history and purpose of the constitution strongly suggest that …
Korea's New Prostitution Policy: Overcoming Challenges To Effectuate The Legislature's Intent To Protect Prostitutes From Abuse, Ji Hye Kim
Washington International Law Journal
Prostitution has been rampant in South Korea, exposing tens of thousands of women to abuse and violence. Beginning in 2000, however, women’s rights organizations spearheaded a legal reform campaign to change the nation’s prostitution policy. They drafted and proposed two bills to the National Assembly, which subsequently enacted them as laws. In passing the new legislation, the South Korean government vowed to eliminate prostitution as well as protect victims of exploitation and violence in the sex industry. However, the legislation fails to achieve these goals due to inherent inadequacies in the language and structure of the laws. This shortfall arises …
When The Price Is Too High: Rethinking China's Deterrence Strategy For Robbery, Peter D. Nestor
When The Price Is Too High: Rethinking China's Deterrence Strategy For Robbery, Peter D. Nestor
Washington International Law Journal
Economic property crime in China has soared since the country enacted market reforms in the early 1980s. Robbery rates are rising faster than most economic property crimes, such as larceny and fraud, and violent crimes, such as rape, murder, and assault. China’s strategy for deterrence is to raise the “price” of the crime by increasing the severity of the penalty. Since 1979, China’s criminal law has permitted the use of the death penalty for robbers in nearly all cases, and courts have applied it regularly and in many different types of robbery cases. Since 1983, China has formally engaged in …
Justice Beyond Borders: A Comparison Of Australian And U.S. Child-Sex Tourism Laws, Karen D. Breckenridge
Justice Beyond Borders: A Comparison Of Australian And U.S. Child-Sex Tourism Laws, Karen D. Breckenridge
Washington International Law Journal
In 1996, an estimated one million children were sexually exploited in Asia. "Sex tourists" who travel to Asia from developed countries, including Australia and the United States, contribute to the demand for child prostitutes. A decade ago, Australia and the United States passed laws in an attempt to combat child-sex tourism. Over the past decade, the laws of both countries have had limited success. In 2003, the United States enacted the PROTECT Act. The PROTECT Act, nearly identical to Australia's Crimes (Child Sex Tourism) Amendment Act, allows for the prosecution of child-sex tourists and child-sex tour organizers, based on sexual …
The Good, Bad, And Unintended: American Lessons For Cambodia's Effort Against Domestic Violence, Sonja K. Hardenbrook
The Good, Bad, And Unintended: American Lessons For Cambodia's Effort Against Domestic Violence, Sonja K. Hardenbrook
Washington International Law Journal
Despite numerous laws that guarantee women equal rights and prohibit violence, the current Cambodian legal system has proven inadequate to combat spousal abuse. In response, the Royal Government of Cambodia has proposed a draft-law specifically aimed at domestic violence. However, if enforcement of current Cambodian law in domestic violence situations is any indication, the proposed law has little hope of implementation. Current cultural paradigms make the Cambodian police and the public at large view domestic violence as a private matter rather than a crime. Thus, Cambodia is in need of new strategies to reduce domestic violence. Cambodia is not alone …
The Criminal Law Of The People's Republic Of China (1997): Real Change Or Rhetoric?, Ian Dobinson
The Criminal Law Of The People's Republic Of China (1997): Real Change Or Rhetoric?, Ian Dobinson
Washington International Law Journal
The 1997 Criminal Law supposedly heralds the beginning of a new era in Chinese jurisprudence and criminal justice. There are doubts, however, over the degree to which the revisions are substantial or symbolic. On the one hand, it can be argued that by making the criminal justice system more rational and predictable, China is moving much closer to the "rule of law" as that term is understood in the West. On the other, it can be argued that the changes are mainly illusory and that, underneath the veneer of rhetoric, China's criminal justice system remains a crude and arbitrary tool …
Japan's Implementation Of The Oecd Anti-Bribery Convention: Weaker And Less Effective Than The U.S. Foreign Corrupt Practices Act, David L. Heifetz
Japan's Implementation Of The Oecd Anti-Bribery Convention: Weaker And Less Effective Than The U.S. Foreign Corrupt Practices Act, David L. Heifetz
Washington International Law Journal
In November 1997, the Organization for Economic Cooperation and Development ("OECD") adopted the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions ("OECD Convention"). The preamble of the OECD Convention states that "bribery is a widespread phenomenon in international business transactions, ... which raises serious moral and political concerns, undermines good governance and economic development, and distorts international competitive conditions." All member countries signed the OECD Convention and thus were committed to implement it via the passage of domestic legislation by December 31, 1999. The Japanese promulgated new anti-bribery provisions to satisfy the mandates of the OECD …
The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman
The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman
Washington International Law Journal
Japan's Firearm and Sword Possession Control Law was amended in 1993 and again in 1995, partially in response to changing firearms confiscation demographics. In the past, most firearms were confiscated from members of organized crime groups, and the Japanese viewed firearms largely as a danger related to organized crime. However, confiscation statistics suggest that firearms are moving into the hands of the general population, increasing the risk firearms pose to public safety in Japan. In response to this trend, Japan amended the Firearm and Sword Possession Control Law in 1993 and 1995 by adding add new crimes, more severe punishments, …
Firearm And Sword Possession Control Law, Mark Alleman
Firearm And Sword Possession Control Law, Mark Alleman
Washington International Law Journal
This Law sets forth safety regulations necessary for the prevention of harm related to the possession and use of firearms and swords.
Criminalizing Money Laundering As A Method And Means Of Curbing Corruption, Organized Crime, And Capital Flight In Russia, Sam Chung
Washington International Law Journal
In the wake of the post-Soviet privatization in the Russian Federation, corruption and organized crime have flourished, contributing to capital flight, economic instability, and the collapse of Russia's financial system. Over the same period, Russian legislators have worked to reform the legal system in order to facilitate their country's transition to democracy and the rule of law. In 1997, legislative efforts led to the enactment of a new criminal code that emphasizes the rights of the individual as opposed to the power of the government. More recently, several draft bills targeting money laundering activities and banking reform have been introduced …
The International Criminal Court: Taiwan's Last Hope?, Christa Tzu-Hsiu Lin
The International Criminal Court: Taiwan's Last Hope?, Christa Tzu-Hsiu Lin
Washington International Law Journal
In 1989, the United Nations General Assembly began work on establishing the first-ever permanent International Criminal Court. Eight years later, the draft code for the International Criminal Court is nearing completion and establishment of the Court is proposed for 1998. The goal of the International Criminal Court is to enhance international cooperation in international criminal matters. This Comment discusses the International Criminal Court in light of China's missile tests off the coast of Taiwan. The lack of international response to the missile tests in the past demonstrates the need for an international body to intervene in this act of aggression. …
Child Sex Tourism To Thailand: The Role Of The United States As A Consumer Country, Vickie F. Li
Child Sex Tourism To Thailand: The Role Of The United States As A Consumer Country, Vickie F. Li
Washington International Law Journal
The proliferation of child prostitution in Thailand has been closely linked to the explosive growth of the sex industry. Political, economic, and cultural factors internal to Thailand alongside external forces from foreign sex tourism, have all contributed to the rising number of prostituted children. In September 1994, the United States enacted an amendment to the Mann Act to prosecute citizens for traveling or conspiring to travel abroad with the intent to engage minors in sexual activities. This Comment traces the development of child prostitution in Thailand and examines the effect of U.S. law in deterring sex tourism abroad. Comparisons to …