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The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh

Articles

This article discusses a rare successful prosecution of a head of state by a modern international criminal court. The case involved former Liberian president Charles Taylor. Taylor, who was charged and tried by the United Nations-backed Special Court for Sierra Leone ("SCSL'), was convicted in April 2013 for planning and aiding and abetting war crimes, crimes against humanity, and other serious international humanitarian law violations. He was sentenced to 50 years imprisonment. The SCSL Appeals Chamber upheld the historic conviction and sentence in September 2013. Taylor is currently serving his sentence in Great Britain.

This article, from an insider who …

Beginning To Learn How To End: Lessons On Completion Strategies, Residual Mechanisms, And Legacy Considerations From Ad Hoc International Criminal Tribunals To The International Criminal Court, Dafna Gozani

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Prosecuting Generals For War Crimes: The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers

Cardozo Journal of International and Comparative Law

The article examines the evolving concept of "specific direction" in accomplice liability for war crimes under international law, highlighting the conflicting approaches of the ICTY and ICC. It advocates for the ICC to adopt a clear, intent-based standard to ensure accountability and consistency, avoiding the ambiguities of "specific direction."

United States - Mexican Relations - 1981 Convention For Recovery And Return Of Stolen Vehicles And Aircraft - Agreement Replaces 1936 Convention And Clarifies Process For Recovery Of Stolen Vehicles, J. Kennard Neal

Georgia Journal of International & Comparative Law

No abstract provided.

The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser

Georgia Journal of International & Comparative Law

No abstract provided.

Combatting International Terrorism: The Role Of Congress, Dante B. Fascell

Georgia Journal of International & Comparative Law

No abstract provided.

Letting Innocence Suffer: The Need For Defense Access To The Law Enforcement Dna Database, Jason Kreag

Cardozo Law Review

Law enforcement has gradually amassed a sizable DNA database that holds considerable promise for solving cold cases and identifying suspects. The Supreme Court has blessed this effort, allowing investigators to include profiles of arrestees as well as convicted persons in the database. At present, though, law enforcement has a near monopoly on use of the DNA database, leaving defendants at the whim of the law enforcement officials who control access to this tool. Legal scholars have alternatively praised and decried the database, but none has examined its prospects for proving defendants' innocence post-conviction. This Article fills that void by identifying …

The Case For Prosecuting Arms Traffickers In The International Criminal Court, Leigh Rome

Cardozo Law Review

No abstract provided.

Contemporary Uses Of Force Against Terrorism: The United States Response To Achille Lauro-Questions Of Jurisdiction And Its Exercise, Jeffrey A. Mccredie

Georgia Journal of International & Comparative Law

No abstract provided.

Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe

Northwestern University Law Review

In Morrison v. National Australia Bank Ltd., the Supreme Court set forth a framework to identify the extraterritorial reach of a federal statute. The Supreme Court required that a statute demonstrate congressional intent to apply to extraterritorial conduct. Under this framework, federal courts have found that civil RICO does not apply to extraterritorial conduct. However, the courts have been inconsistent in their analysis of RICO under Morrison. Some courts have found that RICO does not apply to extraterritorial enterprises while others have found that RICO does not apply to extraterritorial conduct. But the courts have been consistent in …

If The Residual Mechanism Should Close For Example In Sierra Leone. What Should Happen To The Prisoners Who Choose To Vioalte The Conditions Of Early Release? What Options Are Available To Monitor And Enforce The Conditions Of Release?, Matilda Sodiya

War Crimes Memoranda

No abstract provided.

Legal Obligations Of States And Organizations Under The Rome Statute. Specifically Addressing The Legal Obligations Of States Parties, Non-States Parties, And The Security Council, And Analyzing What Options Exist To Aid The Icc In Its Enforcement Of These Obligiations., Jessica Joyce

War Crimes Memoranda

No abstract provided.

The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh

Faculty Publications

This article discusses a rare successful prosecution of a head of state by a modern international criminal court. The case involved former Liberian president Charles Taylor. Taylor, who was charged and tried by the United Nations-backed Special Court for Sierra Leone (“SCSL”), was convicted in April 2013 for planning and aiding and abetting war crimes, crimes against humanity, and other serious international humanitarian law violations. He was sentenced to 50 years imprisonment. The SCSL Appeals Chamber upheld the historic conviction and sentence in September 2013. Taylor is currently serving his sentence in Great Britain. This article, from an insider who …

Balancing A Child’S Right To Be Heard With Protective Measures Undertaken In “The Best Interests Of The Child”: Does The International Criminal Court Get It Right?, Nalia S. Awan

Children's Legal Rights Journal

No abstract provided.

Stepping Beyond Nuremberg’S Halo: The Legacy Of The Supreme National Tribunal Of Poland, Mark A. Drumbl

Scholarly Articles

The Supreme National Tribunal of Poland (Najwyzszy Trybunal Narodowy (Tribunal)) operated from 1946 to 1948. It implemented the 1943 Moscow Declaration in the case of suspected Nazi war criminals. This article unpacks two of the Tribunal’s trials, that of Rudolph Hoess (Kommandant of Auschwitz (Oswiecim) and Amon Goeth (commander of the Krakow-Plaszow labour camp). Following an introduction, the article proceeds in four sections. Section 2 sets out the Tribunal’s provenance and background, offering a flavour of the politics and pressures that contoured (and co-opted) its activities so as to recover its place within the imagined spaces of international criminal accountability. …

Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie

Faculty Publications

When one of the three judges hearing the case against Vojislav Šešelj at the International Tribunal for the former Yugoslavia (ICTY) was disqualified during the deliberations phase of the prosecution, many observers assumed that the multi-year trial would have to be re-heard. Instead, the ICTY opted to begin deliberations anew once a judge — who has not spent a single day participating in the proceedings — has familiarized himself with the trial record. This article demonstrates why the plan to proceed with a new judge is both procedurally illegitimate and markedly at odds with the ICTY’s statutory guarantee of a …

Cesare Beccaria, John Bessler And The Birth Of Modern Criminal Law, Alberto Cadoppi

University of Baltimore Journal of International Law

Professor Bessler’s The Birth of American Law offers a contribution to the research on Cesare Beccaria of extraordinary value for legal historians and for legal scholars in general. Not only is the book extremely fascinating, but it gives us an enormous mass of information about the “celebrated Marquis” and his influence on the developments of the law and the legal jurisprudence in Europe and outside Europe over the last 250 years. Here follows a brief summary of Professor Bessler’s book

Prosecuting Generals For War Crimes The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers

Faculty Scholarship

No abstract provided.

Attribution Evidence Of Cell Phone Data, Sana Haider

War Crimes Memoranda

No abstract provided.

Clarify Terms And Definitions Relevant To Military Commission Prosecutions, Anna Victoria Quiñones Barr

War Crimes Memoranda

No abstract provided.

Cross-Border Distress Calls, Investigation And Potential Compensation, Chadwick P. Cleveland

War Crimes Memoranda

No abstract provided.

How The United States Coast Guard Might Conduct Expedited Border Crossings On The Great Lakes In Cooperation With Canadian Authorities And Law Enforcement. Specifically Addressing How Current Agreements And Policies May Be Utilized In Order To Expedite Border Crossings On The Great Lakes And Additional Measures Which Can Be Taken To Specifically Address The Matter Through Express Agreement, Timothy R. Bierer

War Crimes Memoranda

No abstract provided.

Ballast Water Regulation In The Great Lakes, Erin James

War Crimes Memoranda

No abstract provided.

Prosecution Disclosure Obligations, Jeradon Z. Mura

War Crimes Memoranda

No abstract provided.

International Standards For Forensic Digital Evidence, Amar Dzaferovic

War Crimes Memoranda

No abstract provided.

Is The Test For Fitness To Plead The Same During The Appeal Process As The Trial Process At The Eccc?, Khali Blankenship

War Crimes Memoranda

No abstract provided.

Finality Of Trial Judgment When Accused Dies Or Is Found Mentally Unfit Before Final Appellate Verdict, Katelyn R. Pierce

War Crimes Memoranda

No abstract provided.

Universal Definition Of Piracy & Improvements In International Coorporation And Prosecution, Brad Pyle

War Crimes Memoranda

No abstract provided.

How Long Can We Suspend The Jones Act For Port Emergencies? What Impacts Does The Jones Act Have On International Voyages On The Great Lakes? What Changes To Either Canadian Or U.S. Law Are Necessary To Enhance Commerce On The Great Lakes? What Impacts Would Those Changes Have On The U.S. Domestic Fleet? What Are The Limitations On The Tug-Barge Manning Requirements?, Alpha Taylor

War Crimes Memoranda

No abstract provided.

The Standard That Should Be Used By The U.S. Coast Guard In Regard To Its Provision Of Boarding Vessels Arriving To The U.S. Coasts, Silvia Garcia Ausin

War Crimes Memoranda

No abstract provided.