Human Rights Law Commons^™

Colombia's Incursion Into Ecuadorian Territory: Justified Hot Pursuit Or Pugnacious Error?, Luz E. Nagle

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Rita Espinoza, Sarah Venti, Katherine Anne Cleary

Human Rights Brief

No abstract provided.

Victim Participation In Proceedings Before The International Criminal Court, Fiona Mckay

Human Rights Brief

No abstract provided.

"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth

UIC Law Review

No abstract provided.

What To Do With Omar Khadr? Putting A Child Soldier On Trial: Questions Of International Law, Juvenile Justice, And Moral Culpability, 41 J. Marshall L. Rev. 1281 (2008), Christopher L. Dore

UIC Law Review

No abstract provided.

Introductory Note To Genocide Accountability Act, Mark A. Drumbl

Scholarly Articles

On December 21, 2007, President George W. Bush signed into law the Genocide Accountability Act of 2007 (GAA) (Public Law 110-151). Co-sponsored on a bipartisan basis by several Senators, this bill passed in the Senate on March 29, 2007, and passed in the House .of Representatives on December 5, 2007, in both cases by voice vote. The GAA received considerable support from human rights groups throughout the legislative process.

‘Emaciated’ Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson

Human Rights Brief

No abstract provided.

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 …

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 …

Giving Birth In Shackles: A Constitutional And Human Rights Violation, Dana L. Sichel

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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.

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.

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 …

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.

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.

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 …