Law Commons^™

One Treaty To Apply Them All? Defining Maritime Terrorism By Cross-References And Reservations: The Asean Region Example, Arron N. Honniball

International Law Studies

Defining terms will shape a State’s treaty obligations, the domestic legislation necessary, the availability of cooperative mechanisms, and norm diffusion. Maritime terrorism is an umbrella term referring to the piecemeal approach of treaties creating offenses for identified acts at sea. Further treaties cross-reference the offenses in a selection of global instruments to create related offenses. This includes financing of terrorism (Convention for the Suppression of the Financing of Terrorism (ICSFT)) and regional maritime terrorism (ASEAN Convention on Counter Terrorism (ACCT)). All cross-referenced instruments shall apply to define ICFST or ACCT offenses unless a State excludes, by reservation, a cross-referenced instrument …

Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath

Pepperdine Law Review

The United States faces a grave challenge in its fight against cyberattacks from abroad. Chief among the foreign cyber threats comes from a finite number of “ransomware-as-a-service” gangs, which are responsible for extorting billions of dollars from American citizens and companies annually. Prosecuting these cybercriminals has proven exceedingly difficult. Law enforcement often struggles to forensically trace ransomware attacks, which makes identifying and prosecuting the perpetrators challenging. Moreover, even when prosecutors can identify the perpetrators of these attacks, the ransomware gangs are headquartered in foreign adversarial nations that do not extradite criminals to the United States. Finally, ransomware gangs are governed …

Long Live Joint Criminal Enterprise: With A Particular Reference To Tadić’S Interactive Construction Between “The Beast” And Specific Direction, Miguel Ângelo Loureiro Manero De Lemos

San Diego International Law Journal

The idea that Joint Criminal Enterprise, in particular its extended version, contravenes fundamental principles of criminal law has gained track. Thus, not only did the International Criminal Court distance itself from the construct but, today, the widely held view is that the extended version should be discarded, not least because it is not grounded in customary international law. This Article challenges that view. While addressing scholarly criticism towards Joint Criminal Enterprise, and demonstrating why the “beast” is a solid construction, it argues that prosecutors and judges must look past the written provisions of the Statute of the International Criminal Court …

History Repeating Itself: The Resurgence Of The Taliban And The Abandonment Of Afghan Women, Hannah Bogaert

Immigration and Human Rights Law Review

For two decades the United States and its allies fought against the Taliban in Afghanistan. After the U.S. withdrawal from Afghanistan in late 2021, the Taliban has once again claimed the power of the country. The Taliban has already begun to implement restrictions that deny Afghan women their human rights. This article will outline the Taliban’s disregard for the International Bill of Human Rights, analyzing the Taliban’s observance of human rights before the U.S. invasion in 2001, post- U.S. withdrawal expressions by the Taliban in 2021, and post-U.S. withdrawal actions in 2021. Finally, this article will analyze different actions available …

Playing The Game Of International Law, Uri Weiss, Joseph Agassi

Touro Law Review

In the realist game of international negotiations, each state attempts to promote their interest regardless of international law. Thus, it is negotiations in the shadow of the sword, i.e., a negotiation in which each side knows that if the parties will not achieve an agreement, the alternative may be a war, and thus the bargaining position of each party is a function of their capacities in a case of war. Negotiation in the shadow of international law is an alternative to it: in this alternative the parties negotiate according to their international legal rights. It reduces injustice and incentive to …

National Security Policymaking In The Shadow Of International Law, Laura T. Dickinson

Utah Law Review

Scholars have long debated whether and how international law impacts governmental behavior, even in the absence of coercive sanction. But this literature does not sufficiently address the possible impact of international law in the area of national security policymaking. Yet, policies that the executive branch purports to adopt as a wholly discretionary matter may still be heavily influenced by international legal norms, regardless of whether or not those norms are formally recognized as legally binding. And those policies can be surprisingly resilient, even in subsequent administrations. Moreover, because they are only seen as discretionary policies, they may be more easily …

Law School News: Adjunct Professor Of The Year 2021: David Coombs 05/19/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley

Undergraduate Honors Theses

Governmental sovereignty is created and maintained by mutual respect for the rule of law by the government and citizens. To maintain legitimacy, a government must act within the bounds of the contract that created it. Otherwise, the relationship founded by said contract would be nullified, as would the duties and obligations that flow from that relationship. Torture exemplifies an ultra vires act used by the United States to show the consequences of over-extended authority on political legitimacy and the rule of law. Founded on the philosophies of Hugo Grotius, Thomas Hobbes, and Christine Korsgaard, this research investigates the nature of …

China, Xinjiang, And The Genocide Convention: The Fragility Of International Law, Lucy Kate Herron

Honors Theses

This paper examines China’s actions through the lens of the Genocide Convention to examine the whether the crimes of genocide are being committed against the Uyghur population. It contends that according to the Genocide Convention, China is committing genocide, and particularly through conditions, torture, and rape, against the Uyghur population. However, prosecuting a genocide in court would prove difficult due to China's laws and actions that can be used to defer accusations of genocide and problems with the Genocide Convention in the context of China and the Uyghurs.

Terrorism The Phenomenon That Has No Common Consent On Its Definition, Mohamed Hasan Alqassimi

UAEU Law Journal

Recently, the world has witnessed arbitrary acts of terrorism and violence carried out by various individuals and/or organizations. The significance of studying terrorism - whatever the focus in such a potential study is - lies in that numerous international legal principles that are firmly established in international treaties or conventions have now become subject to controversy or - at least - have lost their practical value owing to different reactions vis - à - vis this phenomenon.

Undoubtedly, many studies have explored the phenomenon of terrorism in order to decipher the main motives behind its spread and to furnish relevant, …

Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra

International Law Studies

In 2016, President Barack Obama warned that “[t]he danger of a terrorist group obtaining and using a nuclear weapon is one of the greatest threats to global security.” Thus far, however, U.S. and international efforts to address nuclear terrorism have faced a fundamental dilemma: While the importance of preventing this threat is unquestioned, there has been limited opportunity or need to conduct prosecutions that hinge on nuclear terrorism charges. This dilemma reflects the current piecemeal approach to nuclear terrorism, which prioritizes policies that address the “back-end” risk of nuclear terrorism (i.e., the detonation of nuclear weapons or attack of nuclear …

The Icc Should Not Encourage Occupation, Uri Weiss

Touro Law Review

No abstract provided.

Impact Of The “War On Terrorism” On Development Of International Criminal Law, Ayser Alhelme

Theses and Dissertations

This research elucidates international terrorism by reviewing the stages of sociological analysis of terrorism, and by analyzing its theoretical framework. This research traces the historical development of the prevailing uncertainty by which it is characterized. Implications on global security leads us to study international legal development to counter international terrorism that has engulfed entire human societies. The objectives include highlighting international terrorism, and the counter-terrorism measures on part of the international community as it develops international criminal law to handle the problem.

The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan

Indiana Law Journal

In this Article, I take up one slice of what should be a broad re-examination of

U.S. law and policy. I argue that the new attacks have been undertaken by entities

that can and should be designated as foreign terrorist organizations. Doing this would

permit prosecutors to target those who support these entities with tools that are not

currently available. This Article is both a doctrinal argument that directly addresses

the many legal hurdles that make designating groups, such as foreign hackers and

troll farms, terrorist organizations a complicated endeavor, and a policy argument

about how U.S. law and policy …

Beyond Human Shielding: Civilian Risk Exploitation And Indirect Civilian Targeting, Geoffrey S. Corn

International Law Studies

Few violations of the law of armed conflict (LOAC) are as pernicious as using civilians to shield military objectives from attack. This unlawful tactic unfortunately seems to be an all too common practice of organized armed groups, especially in conflicts against tactically superior conventional state armed forces. The very term "human shielding" presupposes, however, the ultimate objective is to prevent an opponent from attacking the shielded military objective or, in the alternative, substantially complicate that attack decision. But is a shielding effect always the ultimate objective of such civilian exploitation? This article argues that the answer is no; that there …

Law School News: Adjunct Professor Of The Year: David Coombs 05-13-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Donald Trump, Twitter, And Islamophobia: The End Of Dignity In Presidential Rhetoric About Terrorism, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Donald Trump’s rhetoric is markedly different than that of just about every other American president. Trump’s speeches on terrorism and his related Islamophobia and anti-immigrant rhetoric are examined in this chapter. Trump’s use of Twitter and view of the presidency as a “permanent campaign” keep his followers in a state of near-permanent mobilization. Trump uses the rhetoric of fear to push his followers against Muslims and immigrants by linking terrorism to both groups. As Jeffrey Tulis opines, Trump is America’s first demagogue. This chapter highlights how Trump’s demagoguery and novel method for communicating with his followers has framed the terror …

How Can Presidents Properly Calibrate The Terror Threat?, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Presidential rhetoric has minimally changed from the narrative set by George W. Bush after the 9/11 attacks. Bush’s policies and agenda have also largely remained. This chapter provides proposals for change given the empirical and theoretical findings made in the book. The counterterrorist policy agenda needs to be narrowed and made more precise. The public needs to educate itself about the terror threat to understand that it is not a significant risk when weighed against others. Presidents need to be more careful with what words they use when describing America’s terrorist adversaries and with who they call terrorists. Recalibrating the …

Inter-American Commission On Human Rights' Observer At The Amia Bombing Trial, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Legal Frameworks For Protecting Cultural Heritage In Conflict Zones, Marcie M. Muscat

Dissertations and Theses

Cultural heritage has always been at risk during times of war. UNESCO first endeavored to address the issue shortly after World War II, in 1954, when it passed the first of three signature conventions to protect against the damage, destruction, and pillage of cultural property in times of armed conflict. Lacunae and other deficiencies in their frameworks, however, rendered these conventions difficult to enforce and largely ineffectual. This study offers an assessment of the strengths and limitations of the UNESCO system of cultural-heritage protection, with a particular focus on the 1954 Hague Convention. It is argued that, by superseding certain …

Paper Terrorists: Independence Movements And The Terrorism Bar, Pooja R. Dadhania

Faculty Scholarship

This Article explores the application of the terrorism bar in immigration law to noncitizens who have participated in an independence movement. It proposes a uniform standard that immigration adjudicators can use to determine whether a foreign entity is a state in order to promote accurate applications of the terrorism bar. The terrorism bar in the Immigration and Nationality Act is broad — it can bar most forms of immigration relief, including asylum, and reaches far beyond ordinary definitions of terrorism. For example, the terrorism bar can block immigration relief for noncitizens who nonviolently supported a militia fighting for independence against …

Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein

International Law Studies

Technological developments necessitate a review of long-standing and diverse international legal principles. The law of the sea is no exception in this regard where the introduction of different Maritime Autonomous Vehicles (MAVs) has prompted consideration of how the laws of naval warfare and rules governing the safety of international shipping accommodate these craft. This paper shifts the focus to the international laws relating to maritime security. It assesses how well the existing international legal framework for maritime security can account for the use of MAVs by law enforcement agencies and by non-state actors who are turning to MAVs for criminal …

Protecting Due Process During Terrorism Adjudications: Redefining "Crimes Against Humanity" And Eliminating The Doctrine Of Complimentary Jurisdiction In Favor Of The International Criminal Court, Daniel N. Clay

Arkansas Law Review

“When we sit in judgment we are holding ourselves out as people—as the kind of a community—that are worthy of this task. It is the seriousness, the gravity, of the act of judgment which gives rise to our legitimate and laudable emphasis on procedural fairness and substantive accuracy in criminal procedure. But these things focus on the defendant—the one judged. I am concerned about us who would presume to sit in judgment. Who are we that we should do this? Whether we intend to do so or not, we answer this question in part through the way we conduct our …

Trafficking Terror And Sexual Violence: Accountability For Human Trafficking And Sexual And Gender-Based Violence By Terrorist Groups Under The Rome Statute, Coman Kenny, Nikita Malik

Vanderbilt Journal of Transnational Law

Terrorist groups are increasingly involved in human trafficking, specifically targeting women and girls of ideologically opposed groups or religions. Frequently, this phenomenon involves the perpetration of various forms of sexual violence against those trafficked. The commission of the interlinked crimes of human trafficking, sexual violence, and terrorism is relatively new, encompassing a vicious cycle in which each crime effectively flows from the commission of the others: sexual violence is facilitated by human trafficking, human trafficking is motivated, in part, by sexual violence, and both crimes spread terror among civilian populations. In light of the Prosecutor of the International Criminal Court …

International Civil Individual Responsibility And The Security Council: Building The Foundations Of A General Regime, Vincent-Joël Proulx

Michigan Journal of International Law

This Article focuses on a few tools at the disposal of the United Nations Security Council (“UNSC”) to enhance individual (read: civil) responsibility concerning nonstate terrorist actors with a view to opening other avenues of inquiry regarding other subversive nonstate actors (“NSAs”), for instance in the areas of transnational torts, human rights (“HR”) violations, and environmental damage caused by business entities. As discussed in Part V, recent developments surrounding the application of the Alien Tort Claims Act (“ATCA”) in the United States and the prospect of establishing a basis for universal civil jurisdiction further signal that no such solid basis …

Talking Foreign Policy: Responding To Rogue States, Milena Sterio, Todd F. Buchwald, James Johnson, Michael P. Scharf, Paul R. Williams

Law Faculty Articles and Essays

Talking Foreign Policy is a one-hour radio program, hosted by the Dean of Case Western Reserve University School of Law, Michael Scharf, in which experts discuss important foreign policy issues.The purpose of the radio show is to cover some of the most salient foreign policy topics and discuss them in a way that can make it easier for listeners to grasp.

Talking Foreign Policy is recorded in the WCPN 90.3 Ideastream studio, Cleveland's NPR affiliate. Michael Scharf is joined each session with a few expert colleagues known for their ability to discuss complex topics in an easy-to-digest manner:

• The ambassador: …

Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra Akila Choudhury

Faculty Publications

On March 15, 2019 in Christchurch, New Zealand, a white supremacist entered a mosque full of worshippers and gunned down over 50 people. He was welcomed into the house of worship as Muslim immigrants and converts were about to start their Friday prayers. News of the attack spread quickly across the globe. Social media news feeds and online sources provided near-instantaneous updates. There were calls to prioritize the lives and stories of the victims and survivors. Although there were calls not to glorify or even humanize the shooter, people understandably professed interest in his writings and his motivation. Once it …

Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra A. Choudhury

Cyra A. Choudhury

Volume 1, Issue 2 (2017) Inaugural Issue

International Journal on Responsibility

Contents:

Introduction: Terry Beitzel, Types of Responsibility: Challenges and Opportunities

3 – 5 Howard Zehr, Restorative Justice and the Gandhian Tradition.

6 – 26 Richard E. Rubenstein, Responsibility for Peacemaking in the Context of Structural Violence.

27 – 64 Marc Pufong, Terror, Insecurity, State Responsibility and Challenges: Yesterday and Today?

65 – 77 Ron Kraybill, Responsibility, Community and Conflict Resolution in an Age of Polarization.

78 – 96 John Fairfield, Beyond non-violence to courtship.

97 – 98 Call for papers for forthcoming issues of the International Journal on Responsibility and instructions for authors.

Counter-Terrorism And Human Rights: The Emergence Of A Rule Of Customary International Law From U.N. Resolutions, Joseph M. Isanga

Joseph Isanga

This article is divided into four sections. Section I will discuss how a rule of customary international law generally develops, including discussions of development from conventional sources and the use of United Nations resolutions for finding a rule of customary international law generally. Section II will expound the treatment of and reliance upon the United Nations resolutions as a source of law by the International Court of Justice, in order to facilitate our discussion of an emerging rule of customary international law from resolutions. Section III will consider the limitations for using resolutions as binding statements of opinio juris. Finally, …