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Vol. 38, No. 4: Full Issue
Denver Journal of International Law & Policy Volume 38 Number 4 Fall Article 6 April 2020 Vol. 38, no. 4: Full Issue Denver Journal International Law & Policy Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation 38 Denv. J. Int'l L. & Pol'y This Full Issue is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. Denver Journal of International Law and Policy VOLUME 38 NUMBER4 FALL-2010 BoARD oF EDITORS RUBY TliAPLIYA Editor in Chief D ARR(:;S STONE WILLIAM HoAK ETHAN IcE Managing Editor Executive Editor Managing Editor HEIDI BASTOKY EWZABETH Fox E~nLY SEcoR Trammg Editor Cite & Source Editor Marketing Editor ANDRIA liARoiN KELLY WALKER MoLLY McNAB Canduiacy Editor Survey Editor Sutton Editor M ICHAEl J\1AC!S7.EWSKJ MEGAN SHEFFER TERESA MENDEZ Business Editor Alumni Editor Projects Editor STAFF EDITORS AsHLEY B ARR CASSANDRA FAVA MEGAN MATTHEWS JONATHAN B ELLISH NICHOLAS FIERSTOS PETIJLA McSiliRAS MILLER EMILY B LOEDEl. IURA FRANKER NtcoAL l<ARTHIK NAOARl!R AsHLEY B ROWN CARRIE GoLDEN ANJAIJ NANDA B RIAN CASE LARA GRIFFITH RoBERT PALMER GRACE CHI SHOLM PATRICK HENSON ANDREW PoooRE ALONIT COH EN BRITTANY HURLEY Sn..KF P o rr CHRJs CoNRAD J YOTIKA 'KAr.RA SIERRA Resst:U B RADLEY DAMI\f lRJNA :KAI.liNER J ONATHAN SIIAW ERICA D AY LEVI KENDALL RAcHAEL SMml 'KARI.I D ICKEY TIMOTHY KURTZ JE.'INIFER STANfORD KELLY DziEDZIC TRAVIS LASALLE SAMM"TilA WALLS CHRISTOPHER EBY ELIZABETH LEtBSLE FACULTY .ADVISOR VED P. -
7/15/2010 10:05 PM 581 This Article Assesses Dilemmas Presented By
BAILLIET 7/15/2010 10:05 PM TOWARDS HOLISTIC TRANSNATIONAL PROTECTION: AN OVERVIEW OF INTERNATIONAL PUBLIC LAW APPROACHES TO KIDNAPPING * CECILIA M. BAILLIET This article assesses dilemmas presented by the global phenomenon of kidnapping. It highlights the challenge presented by failed or semi-failed states, the current reliance on private actors to provide assistance in the face of non-state violence, protection gaps in the transnational legal framework, and the pursuit of asylum as a remedy. It describes the evolution of civil society reclamations for cosmopolitan justice in past situations of state directed enforced disappearance in the Americas to current appeals for communitarian justice in non-state actor kidnapping epidemics. The conclusion calls for innovation in legal institutions and norms addressing the protection needs of victims, as well as broader strategies to tackle the root causes of inequality, poverty, and corruption which have enabled kidnapping to escalate as an industry. I. INTRODUCTION [P]ublic security is the duty and exclusive obligation of the State, strengthens the rule of law, and is intended to safeguard the well-being and security of persons and protect the enjoyment of all their rights. - Ministers Responsible for Public Security in the Americas, October 20081 The global criminal phenomenon of kidnapping is on the rise around the world, increasing at alarming rates in countries such as Algeria, Argentina, China, Mexico, Venezuela, Brazil, Colombia, Ecuador, El Salvador, Georgia, Guatemala, Honduras, Afghanistan, Haiti, India, Indonesia, Iraq, Israel & Palestine, Kenya, Lebanon, Nigeria, Pakistan, the Philippines, Russia, Somalia, Sudan, Saudi Arabia, and Yemen.2 The states with the highest kidnapping rates correlate with the * Professor, Deputy Director of the Department of Public and International Law and Director of the Masters Program in Public International Law at University of Oslo. -
Phd Thesis Final1
Understanding Career Criminal Kidnapping: A study of offending dynamics, subcultural tolerance and policing in Malaysia MOHD KASSIM NOOR MOHAMED A thesis submitted in partial fulfilment of the requirements of Nottingham Trent University for the degree of Doctor of Philosophy September 2010 © “This work is the intellectual property of the author. You may copy 5 per cent of this work for private study, or personal, non-commercial research. Any re-use of the information contained within this document should be fully referenced, quoting the author, title, university, degree level and pagination. Queries or requests for any other use, or if a more substantial copy is required, should be directed in the owner of the Intellectual Property Rights.” Understanding Career Criminal Kidnapping PhD __________________________________________________________________________ Abstract I subscribe to the notion that criminology needs to seek information about crime from successful criminals. Alohan is a Malaysian, ethnic Chinese, Triad member, businessman and police informer who also kidnaps people for ransom. He is a serious offender who has, so far, escaped conviction for kidnap, which is a capital offence in Malaysia. This thesis seeks to understand the factors underpinning Alohan’s lengthy and apparently successful criminal career but is subject to methodological constraints imposed by ethical and safety concerns. With methods such as participant observation ruled out, the research is based on a series of life history, narrative interviews, conducted with Alohan in a secure location. These are supplemented by semi- structured interviews with: officers from Royal Malaysian Customs; officers from the Specialist Police Kidnap Unit of the Royal Malaysian Police, and ethnic Chinese businessmen.