Human Rights Law Commons^™

Updates From The International Criminal Courts, Anna Katherine Drake, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.

Funding Justice: The Price Of War Crimes Trials, Rupert Skilbeck

Human Rights Brief

No abstract provided.

Prosecuting Children In Times Of Conflict: The West African Experience, David M. Crane

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Anna Katherine Drake, Rachel Katzman, Katherine Cleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.

China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang

Michigan Law Review

These are the questions that Professor Randall Peerenboom sets out to answer from an American legal scholar's perspective in China Modernizes: Threat to the West or Model for the Rest. Peerenboom advances three main arguments in China Modernizes. First, to more accurately assess China's performance in its quest for modernization, one must "plac[e] China within a broader comparative context" (p. 10). Through a careful analysis of empirical data, Peerenboom observes that China outperforms many other countries at a similar income level on almost all key indicators of well-being and human rights, with the sole exception of civil and political …

Proceedings Of The Second International Humanitarian Law Dialogs, Sixtieth Anniversary Of The Genocide Convention: The Power Of A Word, Mark A. Drumbl

Scholarly Articles

Introductory lecture to the Second Annual International Humanitarian Law Dialogs.

The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) was adopted sixty years ago. The legacy of the Genocide Convention is inextricable from the legacy of Nuremberg and the legal work of the Nuremberg prosecutors, some of whom join us today. To this end, celebrating Nuremberg also means celebrating the Genocide Convention.

Slipping Through The Cracks And Into Schools: The Need For A Uniform Sexual Predator Tracking System, Cheryl Page

Journal Publications

Over half a million registered sex offenders currently live in the United States. Sex offenses are among the most devastating crimes because of the long-lasting emotional, physical, and psychological effects it has on victims. Sadly, most victims of sex offenses are innocent children. "Most sex offenders are not in prison, and ... are largely unknown to people in the community." Sex offenders also have a propensity for reoffending their crimes. "While community supervision and oversight is widely recognized as essential, the system for providing such supervision is overwhelmed." There are many loopholes in the current system that allow sex offenders …

Killing Them Softly: Meditations On A Painful Punishment Of Death, Robert I. Blecker

Articles & Chapters

This brief essay argues that any attempt by the U.S. Supreme Court and others to establish a painless punishment, especially lethal injection, fails logically and morally.

From the beginning, by definition, etymologically and existentially, “punishment” and “pain” have been inseparably connected. Those who advocate ‘painless punishment’ call for contradiction. Whether looking to the future (utilitarians) or the past (retributivists), we once clearly understood and embraced the inseparable connection between punishment and pain. Gradually, however, punishment has morphed into something which denies its own nature, culminating in today's move toward a massive dose of anesthetic as the ultimate punishment - as …

Humanitarian Assistance And The Private Security Debate: An International Humanitarian Law Perspective, Benjamin Perrin

All Faculty Publications

The changing nature of armed conflict has had a dramatic impact on the security risks facing humanitarian personnel. Historically, the safety of humanitarian aid delivery was secured through the consent of the relevant Parties to the conflict. However, non-international ethnically-motivated armed conflicts, failed and failing states, and insurgency-based warfare have fundamentally challenged the viability of this traditional security paradigm. In confronting today's complex security climate, humanitarian organizations are faced with a diverse menu of alternatives to enhance their security. The debate over armed protection that has sharply divided the humanitarian community is explored in this paper, including a critique of …

Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Faster, Higher, Stronger: Preventing Human Trafficking At The 2010 Olympics, Benjamin Perrin

All Faculty Publications

This report considers the upcoming 2010 Olympics in Vancouver in the context of Canada’s human trafficking response to date, and makes recommendations to ensure that this event showcases our best to the world – and is not a flashpoint for human trafficking.

Eric K. Leonard On Atrocity, Punishment, And International Law By Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 Pp., Eric K. Leonard

Human Rights & Human Welfare

A review of:

Atrocity, Punishment, and International Law by Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 pp.

The Grand Inquisitors, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

The Human Right Of Self-Defense, David B. Kopel, Paul Gallant, Joanne D. Eisen

Brigham Young University Journal of Public Law

No abstract provided.

Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard

All Faculty Scholarship

This Article offers a brief overview of the standards for determining competency to stand trial. After examining the seminal case of Jackson v. Indiana, which held that the indefinite pre-trial detention of incompetent defendants violates due process, this Article argues that Virginia Code § 19.2-169.3, like statutes in twenty other states, violates a defendant's right to substantive due process, including the right to be free from forcible medication. This Article proposes legislation that will make the process constitutional, while addressing the concerns about the release of dangerous individuals held by the prosecutors and the community.

Legitimating Penal Law, Markus D. Dubber

Cardozo Law Review

No abstract provided.

Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov

ExpressO

Abstract The article focuses on elucidating the meaning of Yukos risk mainly in terms of corporate bankruptcy litigation in multiple jurisdictions, including, the U.S., U.K., The Netherlands, and Russia. The emphasis is on understanding the various legal theories and the court decisions reached so far in this continuing legal saga.

Updates From The International Criminal Courts, Anna Katherine Drake, Kaegan-Marie Williams, Debra B. Lefing, Emily Pasternak, Rachel Katzman, Katherine Mccleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.

Curing The Bop Plague With Booker: Addressing Inadequate Medical Treatment In The Bureau Of Prisons, 41 J. Marshall L. Rev. 219 (2007), Natalie Hinton

UIC Law Review

No abstract provided.

Updates From The International Criminal Courts, Elizabeth J. Rushing, Linda Frautschi, Jaime M. Gher, Anne Heindel, Angela Edman

Human Rights Brief

No abstract provided.

Crimes Against Humanity At The Extraordinary Chambers In The Courts Of Cambodia: Is A Connection With Armed Conflict Required, 24 Ucla Pac. Basin L.J. 125 (2007), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika George

Faculty Scholarship

This article begins to consider these important questions through a discussion of the multiple models used to address, and redress massive human rights violations in South Africa, Rwanda, and Sierra Leone. I argue that lawyers and policy makers working to advance the rule of law must consider the role of law in transitional societies not only as a means of ensuring that perpetrators of grave human rights abuses are held accountable, but also as a foundation for the future. I submit that for the rule of law to take root, the conditions of a society must be fertile; and respect …

Book Review, Transitional Justice In The Twenty-First Century: Beyond Truth Versus Justice (Naomi Roht-Arriaza & Javier Mariezcurrena Eds., 2006) And Reconciliation In Divided Societies: Finding Common Ground (Erin Daly & Jeremy Sarkin Eds., 2006), Mark Drumbl

Scholarly Articles

It took a long time to get there but, near the close of the last millennium, humanity embraced measured accountability – instead of the extremes of impunity or vengeance – as the appropriate fate for perpetrators of mass atrocity. This embrace has prompted the construction of institutions, such as the International Criminal Court and the various ad hoc international or internationalized tribunals, to actualize this accountability imperative.

But this institution-building is only the start of the justice matrix. It is not the end point. A newer second generation of scholars and activists presses on. Agreeing on the need for accountability …

Decentralizing The Fight Against Human Trafficking In The United States: The Need For Greater Involvement In Fighting Human Trafficking By State Agencies And Local Non-Governmental Organizations, Shashi Irani Kara

Cardozo Journal of Equal Rights & Social Justice

The note argues that while the federal government has made significant strides in combating human trafficking through legislation like the Trafficking Victims Protection Act (TVPA), these efforts are insufficient due to the decentralized nature of the crime. It emphasizes the necessity for greater involvement from state agencies and local non-governmental organizations (NGOs) to effectively address the diverse and localized manifestations of trafficking.

Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Remarks On Intervention, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Taking Judicial Notice Of Genocide? The Problematic Law And Policy Of The Karemera Decision, Ralph Mamiya

ExpressO

On June 16, 2006, the Appeals Chamber of the International Criminal Tribunal for Rwanda issued a decision in Prosecutor v. Karemera taking judicial notice of the fact that genocide occurred in Rwanda in 1994. This decision startled many court observers. While no internationally respected commentator would today question whether the Rwanda genocide took place, should such an event be judicially noticed without evidence? This paper examines that question, arguing that the ICTR Appeals Chamber’s expansive use of judicial notice in Karemera was both illogical and unwise. Genocide, whether as an historical fact or legal charge, fails to meet the “common …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Combating Terrorism In Bosnia-Herzegovina: Explaining And Assessing Article 201 Of The Bosnian Criminal Code, Henry M. Lovat

ExpressO

This paper explores the legal measures that have been enacted in Bosnia-Herzegovina (BiH) to counter the threat of terrorism, focusing particularly on the international and domestic political context in which the reform of the Bosnian criminal code was carried out, on the apparent origins of Article 201 of the BiH criminal code in the European Union Framework Decision on Combating Terrorism of June 2002 and on the strengths and weaknesses of this definition in the Bosnian context. The paper argues firstly that the events of 9/11, while certainly of significance, were less salient to the definition of terrorism adopted in …