Human Rights Law Commons^™

Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel

ExpressO

This paper traces how the Supreme Courts of Canada and the United States have each used the basic guarantee of adjudicative fairness in their respective constitutions to effect revolutions in their countries’ criminal justice systems, through two different jurisprudential models for this development. It identifies a relationship between two core constitutional structures, the basic guarantee and enumerated rights, and shows how this relationship can affect the degree to which entrenched constitutional rights actually protect individuals. It explains that the different models for the relationship between the basic guarantee and enumerated rights adopted in Canada and the United States, an “expansive …

Freedom From Fear: Prosecuting The Iraqi Regime For The Use Of Chemical Weapons, Margaret A. Sewell

ExpressO

Since the recent war with Iraq, there is a lingering question as to how to prosecute Saddam Hussein (if captured) and the Iraqi regime for their past atrocities, particularly, the use of chemcial weapons against Iran during the Iran-Iraq War and the Kurds. This article provides a background of the crimes committed by the Iraqi regime, a discussion and recommendation of the various proseution fora, as well as a presentation of the evidence that can be used in a prosecution.

The Last Line Of Defense: The Doctrine Of Command Responsibility, Gender Crimes In Armed Conflict, And The Kahan Report (Sabra & Shatilla), Sherrie L. Russell-Brown

ExpressO

“THE LAST LINE OF DEFENSE” addresses using the doctrine of command responsibility - the doctrine according to which military and non-military leaders can be held individually criminally responsible for the crimes committed by their subordinates - before the International Criminal Court (ICC) as a way to prevent gender crimes in armed conflict. The prevention of gender crimes in armed conflict is an important issue for a variety of reasons. One extremely important reason is the connection that the United Nations has cited between the AIDS pandemic in Sub-Saharan Africa and rape in armed conflict. In addition, in the August 25, …

Punishing The Faithful: Freud, Religion, And The Law, Davida A. Williams

Cardozo Law Review

No abstract provided.

Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan

Cardozo Journal of Equal Rights & Social Justice

The article examines the contradiction in California's legal framework where minors are criminalized for prostitution under California Penal Code section 647(b), despite being legally incapable of consenting to sex. It argues that such laws fail to protect child prostitutes, who are often victims of exploitation, and instead perpetuate their harm by punishing them rather than addressing the root causes of their situation.

How We Should Think About The Constitutional Status Of The Suspected Terrorist Detainees At Guantanamo Bay, Akash R. Desai

Vanderbilt Journal of Transnational Law

In the aftermath of the September 11th attacks, the United States has held suspected terrorist detainees captured during the military campaign in Afghanistan indefinitely at the United States military facility at Guantanamo Bay, Cuba. Among those currently detained are members of the al-Qaeda terrorist group and the Taliban. Currently the detainees are in the peculiar situation of generally being outside the scope of protections offered by both the international humanitarian law and the Unites States criminal law regimes.

This Note examines the extraterritorial scope of the United States Constitution as it applies to the suspected terrorist detainees at Guantanamo Bay. …

The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Roots "Resolving The Death Penalty: Wisdom From The Ancients", Robert Blecker

Articles & Chapters

Lest it be cruel and unusual, the U.S. Supreme Court has held, capital punishment must be consistent with the evolving standards of decency of a maturing society. Although controversy swirls around our current sense of decency, this Society's changing standards are largely the product of deeply embedded traditions and an unchanging cultural core. Thus, virtually every heated death penalty debate today requires us not only to take the temperature of the people, but also to appreciate their temperament.

ROOTS: Resolving the Death Penalty: Wisdom from the Ancients reflects the current controversy back onto the core of Western Culture - the …

International Law: Valdez V. State Of Oklahoma And The Application Of International Law In Oklahoma, Jeffrey L. Green

Oklahoma Law Review

No abstract provided.

Updates From The International Criminal Courts, Sarah Hymowitz, Abby Richardson

Human Rights Brief

No abstract provided.

The War Crimes Research Office Presents: News From The International Criminal Tribunals, Maria Allison, Leslie Wilson

Human Rights Brief

No abstract provided.

International Humanitarian Law From Nuremberg To Rome: The Weighty Precedents Of The International Criminal Tribunal For Rwanda, Kingsley Chiedu Moghalu

Pace International Law Review

No abstract provided.

80 Years Too Late: The International Criminal Court And The 20th Century's First Genocide, John Shamsey

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Taliban’S ‘Other’ Crimes, Mark A. Drumbl

Scholarly Articles

This paper explores possible legal responses to the Taliban's 'other' crimes--those inflicted against Afghans during Taliban rule. This criminality largely has been rendered invisible by virtue of the international community's focus on punishing the Taliban's support of transnational terrorists, in particular al-Qaeda. This invisibility is problematic given that carefully constructed prosecutions of these 'other' crimes could play an important role in post-conflict reconciliation and national reconstruction in Afghanistan. Such reconciliation and reconstruction can legitimise a representative post-conflict state and curb terrorist recidivism.

Restorative Justice And Collective Responsibility: Lessons For And From The Rwandan Genocide, Mark A. Drumbl

Scholarly Articles

Genocide struck Rwanda in 1994. Since then, national and international trials have endeavored to promote reconciliation, deterrence, peace, justice, and human rights. This article posits a disconnect between these trials and the attainment of their avowed goals. This disconnect emerges in part from the influential agendas of international lawyers who equate selective criminal prosecution with the "rule of law" and espouse criminal prosecution as the preferred and uniform response to mass atrocity. Creating a presumption in favor of criminal prosecution has dampened the need to explore whether such trials actually are suitable for the particular afflicted society. A socio-legal analysis …

The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii

Vanderbilt Journal of Transnational Law

This Note argues that despite theoretical criticisms, the prosecution of rape and sexual enslavement as crimes against humanity, by the International Criminal Tribunal for the former Yugoslavia (ICTY) fits within a larger, emerging picture of international legal jurisprudence. First, the ICTY built upon both its own prior decisions and the decisions of the International Criminal Tribunal for Rwanda (ICTR), especially Prosecutor v. Akayesu, in order to close gaps in the international legal conceptualizations of rape and enslavement, torture, war crimes, genocide and crimes against humanity. Second, building upon the example set by the ICTR, the ICTY broadened international protections of …

News From The International Criminal Tribunals, Chanté Lasco

Human Rights Brief

No abstract provided.

News From The International Criminal Tribunals, Cecile E.M. Meijer

Human Rights Brief

No abstract provided.

The War Crimes Research Office Presents: News From The International Criminal Tribunals, Cecile E.M. Meijer

Human Rights Brief

No abstract provided.

The War On Terrorism And The End Of Human Rights, David Luban

Georgetown Law Faculty Publications and Other Works

In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The War on Terrorism is a different proposition, however, and a different model of governmental action—not law but war. Most …

Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone

Faculty Publications

No abstract provided.

Trends. Human Rights And Politics: The Wrong Argument Against The International Criminal Court, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the International Criminal Court, or ICC. At issue is the contention that the ICC has been used primarily as a political tool for settling vendettas against the governments of nation-states and/or the leaders of these states instead of furthering human rights through adjudicating allegations of genocide, crimes against humanity, and war crimes.

Chinese Population Transfer In Tibet, John S. Hall

Cardozo Journal of International and Comparative Law

The note examines the impact of China's population transfer policies in Tibet since the 1950 invasion, arguing that these policies have led to the marginalization of Tibetans, significant environmental degradation, and human rights abuses. It explores various legal and diplomatic strategies to address these issues, including the Dalai Lama's Five Point Plan, human rights law, environmental law, and international negotiations.

Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the nuances surrounding the use of the death penalty in terrorism cases.

Little Sisters Book And Art Emporium V. Minister Of Justice: Sex Equality And The Attack On R. V. Butler, Janine Benedet

All Faculty Publications

Scholars and philosophers spend much of their time discussing what pornography means and whether it can be defined. This debate persists despite the fact that most men, regardless of their sexual orientation, seem to understand quite well what pornography is, and what it is for: they produce it commercially, buy it in magazines, rent it in videos, and search for it on the Internet. The pornography industry has the distinct advantage of selling a product that, in legal terms, is considered "expression," and therefore a product that has been declared worthy of constitutional protection under section 2(b) of the Canadian …

Procedural Reforms In Capital Cases Applied To Perjury, 34 J. Marshall L. Rev. 453 (2001), Steven Clark

UIC Law Review

No abstract provided.

Righting Illinois' Wrongs: Suggestions For Reform And A Call For Abolition, 34 J. Marshall L. Rev. 469 (2001), Sharone Levy

UIC Law Review

No abstract provided.

Reflections On When "We, The People" Kill, 34 J. Marshall L. Rev. 713 (2001), Michael P. Seng

UIC Law Review

No abstract provided.

Juridical And Jurisdictional Disconnects, Mark A. Drumbl

Scholarly Articles

Although extraterritorial trials for human rights abusers certainly achieve some justice, this Article posits -- through a case-study of post-genocide Rwanda -- that the effects of such trials are circumscribed by the fact they may have little meaning among perpetrators and victims in post-conflict societies. This limited meaning particularly attaches to trials conducted extraterritorially through international tribunals as well as trials conducted in foreign national courts through the exercise of what loosely is called "universal jurisdiction." This circumscribed meaning results in these trials' having limited deterrence effects, although they may go some way to satisfying the deontological need to punish …

Public Executions In America Should Death Row Inmates Be Able To Choose Between Private And Public Death, Nicholas Compton

Richmond Public Interest Law Review

On June 13, 1997, Timothy McVeigh was sentenced to death for the bombing of the Alfred P. Murrah Federal Building in Oklahoma City on April 19,1995. The bombing resulted in the deaths of 168 people and the wounding of over 500 more. McVeigh successfully petitioned U.S. District Court Judge Richard Matsch to put an end to his appeals and expedite his execution. At midnight on February 16, 2001 McVeigh let pass his deadline to petition President George W. Bush for clemency. He is scheduled to die by lethal injection on May 16, 2001 at the federal penitentiary in Terre Haute, …