Criminal Law Commons^™

Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto

Pepperdine Dispute Resolution Law Journal

Last year, a law review solicited my thoughts about, in their words, pushing the envelope with social justice and negotiating peace in a world dominated by power and violence. Taking their language literally, one must ask how to effectively address contemporary obstacles to ensure that the message and, most importantly, the means of justice are truly delivered to those in need. One answer-which may seem obvious to readers but is actually much too rare in practice-is to work with, empower, and support the conflict work of the community members themselves. This article introduces the plans of five African professionals, demonstrating …

Choosing To Prosecute: Expressive Selection At The International Criminal Court, Margaret M. Deguzman

Michigan Journal of International Law

The International Criminal Court (ICC), an institution in its infancy, has had occasion to make only a relatively small number of decisions about which defendants and which crimes to prosecute. But virtually every choice it has made has been attacked: the first defendant, Thomas Lubanga, was not senior enough and the crimes with which he was charged-war crimes involving the use of child soldiers-were not serious enough; the Court should have investigated British soldiers for war crimes committed in Iraq; the ICC should not be prosecuting only rebel perpetrators in Uganda and the Democratic Republic of Congo; the Court's focus …

Gender-Based Violence In International Criminal Law: A Closer Look At The Elements Of Rape, Amparita Sta. Maria

Ateneo School of Law Publications

While wholly condemned and severely punished in domestic jurisdictions, the crime of rape is not as well-defined in the realm of international criminal law. While rape is recognized as a cruel reality in cases of war and international conflict, the punishments for its perpetrators and thus, the justice sought by their victims is still subject of controversy and debate.

In this Article, the Author examines the treatment of rape in international law. She uses several international statutes as well as two landmark cases from International Criminal Tribunals in order to examine several facets of rape as an international crime — …

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 …

Kenya Vs. The Icc Prosecutor, Charles Chernor Jalloh

Faculty Publications

No abstract provided.

Updates From The International And Internationalized Criminal Courts, Claire Grandison, Sofia Vivero, Andra Nicolescu, Danielle Dean, Benjamin Watson

Human Rights Brief

No abstract provided.

How Can A Program Similar To Rewards For Justice Be Established That Offers Rewards For Information Related To The Financiers Or Key Leaders Of Pirate Organizations?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.

Implications Of The Unclos Definition Of Piracy On Seychelles Prosecutions Specifically Addressing The Incorporation Of The Definition Of Piracy In Article 101 Of Unclos And The Implications For Seychelles Piracy Prosecutions, Randall Christopher Bray

War Crimes Memoranda

No abstract provided.

Africa And The International Criminal Court, Charles C. Jalloh

Articles

No abstract provided.

Legal Memorandum On Reintegration Of Former Pirates, Pilpg

War Crimes Memoranda

No abstract provided.

What Types Of Evidence Are Used To Prove A Joint Criminal Enterprise Under International Criminal Law?, Katlyn Kraus

War Crimes Memoranda

No abstract provided.

Recruitment And Use Of Children As An Act Of Piracy, Aalia Maan

War Crimes Memoranda

No abstract provided.

The Speedy Trial Rights Of Suspected Pirate Detainees, Aleksandar Sava Rakic

War Crimes Memoranda

No abstract provided.

Provide A Comparative Analysis Of The Proposed United Nations Extraterritorial Piracy Court And The Lockerbie Tribunal, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.

How May The Seychelles Penal Code Be Amended To Support The Prosecution Of Financiers Of Piracy Who Reside Outside The Seychelles, And What Issues Arise Concerning The Extradition Of Non-National Suspects Into The Seychelles For Prosecution?, Jones Day

War Crimes Memoranda

No abstract provided.

Recruitment And Use Of Child Pirates As Crimes Against Humanity, Maura Finn

War Crimes Memoranda

advised/reviewed by Laurie Blank

The Applicability Of National Anti-Terrorism Laws To Piracy: A Comparative Analysis Of Japan, The Philippines, And Singapore, Nina Tantraphol, Frederick Michael Lorenz

War Crimes Memoranda

No abstract provided.

Applying The Lockerbie Model To A Proposed Extraterritorial Somali Anti-Piracy Court, Pilpg

War Crimes Memoranda

No abstract provided.

Analyzing Sources Of Extradition For Pirates To Seychelles, Ramnik Samrao

War Crimes Memoranda

No abstract provided.

Ability Of Trial Chamber And Pre-Trial Chamber To Use Different Legal Characterizations, Ugochi Madubata

War Crimes Memoranda

No abstract provided.

Can The Seychelles Criminalize Possession Of Piratical Equipment, And Apply It To Foreign Nationals Found Outside Of The Seychelles Under Either Universal Or Protective Jurisdiction?, Vijyalakshmi Patel

War Crimes Memoranda

No abstract provided.

A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts: Implications For The Success Of Transitional Justice Mechanisms, 45 Vand. J. Transnat'l L. 405 (2012), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international criminal courts, and that courts can be engineered in such a way that they will be positively perceived by adjusting factors such as their institutional structure and outreach efforts. But in many situations the perceived legitimacy of international criminal courts has almost nothing to do with these factors. This Article takes the latest research in social psychology and applies it to survey data about perceptions of international criminal courts in order to understand how affected populations form attitudes about …

Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel

Nevada Law Journal

No abstract provided.

The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle

IP Theory

No abstract provided.

Universal Jurisdiction And The Crime Of Aggression, Michael P. Scharf

Faculty Publications

In June 2010 in Kampala, Uganda, the states that are party to the Statute of the International Criminal Court agreed to amend the ICC Statute to add the crime of aggression to the Court's jurisdiction. One of the key compromises that made this possible was the adoption of a U.S.-proposed “understanding” which provided that the aggression amendment should not be interpreted as creating a right for national courts to prosecute the crime of aggression under universal jurisdiction. If, however, national courts already possess the right to do so under customary international law, stemming from the Nuremberg precedent, then the understanding …

Katyn: Justice Delayed Or Justice Denied? Report Of The Cleveland Experts' Meeting, Michael P. Scharf, Maria Szonert-Binienda

Faculty Publications

Report of the Frederick K. Cox International Law Center and the Libra Institute, Inc. hosted a Symposium and Experts Meeting in commemoration of the 70th anniversary of the Katyn massacre, Cleveland, OH, February 4-5, 2011

Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole

Georgetown Law Faculty Publications and Other Works

Had someone told you, on September 11, 2001, that the United States would not be able to do whatever it wanted in response to the terrorist attacks of that day, you might well have questioned their sanity. The United States was the most powerful country in the world, and had the world’s sympathy in the immediate aftermath of the attacks. Who would stop it? Al Qaeda had few friends beyond the Taliban. As a historical matter, Congress and the courts had virtually always deferred to the executive in such times of crisis. And the American polity was unlikely to object …

How The Internet Is Used To Facilitate The Trafficking Of Humans As Sex Slaves, Cheryl Page

Journal Publications

Human trafficking is, sadly, a part of the fabric of the 21st century global community, but it has different goals than those of sex trafficking. One expert defines human trafficking as “‘an opportunistic response’ to the tension between the economic necessity to migrate . . . and the politically motivated restrictions on migration”. To give an idea of how widespread sex trafficking is, understand that it is now more profitable for criminals to sell women for sex than it is to sell drugs. Drugs are disposable and finite. Women can be resold over and over and over again. These “commodities” …

A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts, Stuart Ford

Vanderbilt Journal of Transnational Law

There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international criminal courts, and that courts can be engineered in such a way that they will be positively perceived by adjusting factors such as their institutional structure and outreach efforts. But in many situations the perceived legitimacy of international criminal courts has almost nothing to do with these factors. This Article takes the latest research in social psychology and applies it to survey data about perceptions of international criminal courts in order to understand how affected populations form attitudes about …

Virtual Witness Confrontation In Criminal Cases, Yvonne M. Dutton

Vanderbilt Journal of Transnational Law

Maritime piracy is a serious problem, yet states are not prosecuting captured pirates with any regularity. One of the many reasons cited to explain this phenomenon focuses on the expense and difficulty of mounting cases of such international proportions and which involve evidence, suspects, victims, and witnesses from around the globe. In an effort to help close the impunity gap that surrounds piracy, this Article offers a potential solution to the difficulties associated with obtaining live witness testimony. It proposes a rule to allow witnesses under some circumstances to testify remotely by way of two-way, live videoconferencing technology. While remote …