International Law Commons^™

The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley

Scholarly Works

Any inquiry into the merits of an international criminal court must start with resolving three basic issues:

1. Can the tribunal improve international cooperation in law enforcement, add to the capabilities of the various nations in matters of international criminal law, or contribute in any incremental way to the solution of international and transnational criminal law problems by improving the current practice and enhancing the effectiveness of all concerned?

2. Will the recommended system have a better or equal chance of operating as effectively as the best existing systems of national criminal justice?

3. Will the recommended system improve efficiency …

State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley

Scholarly Works

In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.

Offenders Abroad: The Case For Nationality-Based Criminal Jurisdiction, Geoffrey R. Watson

Scholarly Articles

When a host state does not prosecute a U.S. national who commits a violent crime abroad, the United States does not exercise jurisdiction. Should the United States eschew nationality jurisdiction, when it may provide the only basis for prosecution? Part II of this article traces the evolution of nationalitybased criminal jurisdiction in U.S. law and asserts that the United States has in fact embraced such jurisdiction in the past, usually to ensure that U.S. offenders abroad were tried by U.S. courts rather than foreign tribunals. Part III examines the current U.S. jurisdictional scheme, which relies on foreign states to prosecute …

A Comparison Of Guilty Plea Procedure In The United States And Germany, Helen A. Haglich

Penn State International Law Review (1982 - 2011)

No abstract provided.

Introduction To Greek Law, Christopher L. Blakesley

Scholarly Works

Greek Law, developed under the stewardship of Professor Konstantinos Kerameus, takes on his character, being a solid, careful work of first rate scholarship. It presents the Greek legal system, the substance of each part of its civil public and penal law and procedure, in a series of well-written and insightful chapters by many of the best Greek scholars (in the United States and in Greece) on each subject. The book is important, because Greece is in the Common Market and Council of Europe, and because the continental and even the common law systems owe their development to the Ro- man-Byzantine …

Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley

Scholarly Works

This Article examines extradition and jurisdiction over extraterritorial crime, focusing on the relationship between jurisdiction and extradition in the broader context of human rights law. The authors challenge what they argue are chimerical, although strongly held beliefs in the incompatibility of European and United States criminal justice systems and extradition practices. They argue that cooperation in matters of international criminal law may be enhanced, while protection of human rights is promoted. The authors establish this possibility by breaking down the barriers to understanding that stem from the divergent European versus Anglo-American modes of analysis.

The authors first analyze the five …

International Law Principles Governing The Extraterritorial Application Of Criminal Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on the differences and similarities between Germany and the United States on international principles of jurisdiction over extraterritorial crime.

International Year In Review: Developments In International Criminal Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on recent developments in International Criminal Law.

Settling Accounts: The Duty To Prosecute Human Rights Violations Of A Prior Regime, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Stanford V. Kentucky And Wilkins V. Missouri: A Violation Of An Emerging Rule Of Customary International Law, Laura Dalton

William & Mary Law Review

No abstract provided.

Effective National And International Action Against Organized Crime And Terrorist Criminal Activities, M. Bassiouni

College of Law Faculty

No abstract provided.

Note, The United States, Israel And Their Extradition Dilemma, Sheryl A. Petkunas

Michigan Journal of International Law

Part I of this note will examine the different approaches taken by the Second, Seventh and Ninth Circuits in their application of the Treaty's political offense exception. Part II will discuss the conflict that may arise from Israel's application of a domestic law which contravenes the purpose of the Treaty. Part III will address both the need for the United States and Israel to reconcile problems in applying the political offense exception through renegotiation and the dilemma arising from the failure of the Israeli government and the Knesset to coordinate policy with regard to the extradition of nationals.

The Modern Blood Feud: Thoughts On The Philosophy Of Terrorism, Christopher L. Blakesley

Scholarly Works

Herman Melville brilliantly lets us feel, through Captain Ahab, the sensation of destructive rage, hatred and violence. Sadly, Melville's insight penetrates to the core of society, perhaps of each of us, in today's omnipresent terroristic melodrama. We have all suffered moments of vicarious terror and rage over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. The melodrama of terrorism has penetrated each of our lives. We see it and feel the rage nearly on a daily basis. Innocent children, women and men aboard Pan …

Major Contemporary Issues In Extradition Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on high crimes in international law, and the ability to extradite state and high government officials for committing them.

International Cooperation In Securities Enforcement

Washington and Lee Law Review

No abstract provided.

Representing Nazism: Advocacy And Identity At The Trial Of Klaus Barbie, Guyora Binder

Journal Articles

Noting the enormous media interest in the war crimes trial of Klaus Barbie, and the surprising emphasis of this coverage on its cultural significance, this essay provides a literary reading of the trial as a contest over identity. More specifically, it treats the trial and its coverage as a struggle among competing groups - including the French state, various strands of the French left, the French right, resistance veterans, holocaust survivors, Zionists, Arabs, anti-colonialists - for the power to represent Nazism. All of these groups sought to define Nazism so as to claim a privileged identity as essential victims or …

Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam

Articles

No abstract provided.

Congress And Genocide: They're Not Going To Get Away With It, Jordan J. Paust

Michigan Journal of International Law

Today at least, it is generally recognized that genocide is a crimen contra omnes, a crime under customary international law over which there is universal enforcement jurisdiction and responsibility. Indeed, it is commonly expected that the prohibition of genocide is a peremptory norm of customary international law, a jus cogens allowing no form of derogation under domestic or treaty-based law. It is also commonly understood that the definition of genocide contained in the Convention on the Prevention and Punishment of the Crime of Genocide defines that which is prohibited by customary jus cogens.

Terrorism, Law, And Our Constitutional Order, Christopher L. Blakesley

Scholarly Works

We have all suffered moments of vicarious terror over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. There, some institution, government, or group used innocent children, women, and men as fodder for their “war.” Some have claimed that the pusillanimous carnage was in retaliation for the slaughter of equivalent innocents aboard the Iranian Air Bus, similarly destroyed by American forces during the summer of 1988. Others suggested that it was committed by those interested in thwarting prospects of peace in the Middle East.

Combatting …

Introduction: International Criminal Law – Lessons From Teaching Strategies, Daniel H. Derby

Scholarly Works

No abstract provided.

The Alien Tort Statute And How Individuals "Violate" International Law, John M. Rogers

Vanderbilt Journal of Transnational Law

Does any argument favor a broad interpretation of the Alien Tort Statute? If I had to make such an agreement, I suppose I would try to cloud the difference between universal crimes and violations of international law. One way to do this would be to focus on those crimes that are also violations of the obligations of one state to another. For instance, an attack on a diplomat may be both a violation of international law (i.e., failure to prevent or punish the attack may result in international responsibility by the territorial state to the sending state) and a universal …

A Recommended Approach To Bail In International Extradition Cases, Jeffrey A. Hall

Michigan Law Review

This Note proposes such a consistent approach, arguing that courts in international extradition cases should focus on the accused's risk of flight rather than on the presence or absence of specific "special circumstances." Part I briefly discusses the international extradition process and outlines the important societal and individual interests at stake in the bail decision. Part II discusses the origin and evolution of the judicial approaches to bail in international extradition cases and demonstrates the inconsistency in the lower courts' treatment. Part III suggests an approach for making bail decisions in international extradition cases. It argues that the determinative factor …

Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay

Penn State International Law Review (1982 - 2011)

There has been a resurgence of interest in the codification of "craziness" both in the United States and in England. Most recent legislative reforms in the United States have followed in the wake of the jury's verdict in the Hinckley case, whilst in England renewed interest in revising the insanity defense has been prompted by a report to the Law Commission on the codification of the criminal law. The purpose of this article is first to briefly review relevant reforms in the United States; second to critically analyze the present legal position in England; third to discuss English reform proposals; …

Coming To Terms With Terrorism- Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby

Touro Law Review

No abstract provided.

Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley

Scholarly Works

On June 14, 1985, Robert Stethem was shot to death aboard a hijacked TWA airliner. On October 7, 1985, the Italian cruise-liner, Achille Lauro, was hijacked and the next day Leon Klinghofer was killed and thrown overboard. On Julyu 2, 1986, Rodrgio Rojas was mortally wounded when he was doused with gasoline and set afire while walking with protesters in Santiago, Chile. Soviets are said to leave booby-trapped dolls for Afghan Moujahadeen children. There is evidence that the United States government directly supports the Nicaraguan contras who, in waging their guerilla war, allegedly have killed innocent citizens. It is …

Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley

Scholarly Works

Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.

Economic Sanctions And International Terrorism, Kenneth W. Abbott

Vanderbilt Journal of Transnational Law

In this Article I hope to take at least a step toward clarifying these matters by presenting a framework for the analysis of antiterrorism sanctions and using that framework to discuss several of the sanctions that the United States currently employs.

Parts Two and Three of this Article set out the elements of the framework. Part Two begins by describing the varying forms or levels of state involvement in terrorism, shown graphically in Figure 1. All forms of state involvement are not alike, at least analytically, and Part Two will discuss the appropriateness of employing sanctions or other measures of …

New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Terror And Terrorism: There Is A Difference, David F. Forte

Law Faculty Articles and Essays

To formulate an effective legal and moral response to terrorism, fundamental differences must be acknowledged. We must realize that all acts of terror are not legally interchangeable. We should not create legal instruments that confound essential dissimilarities. We should acknowledge that terrorism is an organized, low level attack by groups trying to destroy the Western legal and moral order. We should recognize that many such terrorist groups have been given purported legitimacy by a distorted notion of self-determination and by recognition within many international bodies. Also, we should face the fact that the effectiveness of terrorism is immeasurably enhanced by …

The Recognition And Enforcement Of Foreign Law: The Antelope's Penal Law Exception, Mark Weston Janis

Faculty Articles and Papers

In 1825, Chief Justice Marshall held in The Antelope that (t)he courts of no country execute the penal laws of another. Since then, United States Courts have painstakingly crafted a variety of definitions of the word penal in order to help determine when and when not they should apply foreign laws or execute foreign judgments which conceivably might be characterized as penal. Much of their hairsplitting analysis might have been avoided if American judges and commentators had looked behind Marshall's phrase to see its foundations in law and policy. After reviewing the accepted wisdom about The Antelope's penal law exception, …