David M. Crane Professor of Practice
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Journal of Global Rights and Organizations Annual Review
JOURNAL OF GLOBAL RIGHTS AND ORGANIZATIONS ANNUAL REVIEW VOLUME 9 2018-2019 ARTICLES An Emphasis on Relationships: The Driver for Success of the Special Court for Sierra Leone’s Office of the Prosecutor Kiri Latuskie Trade Liberation and Labor Bondage: US Agreements with Mexico and Colombia Julia Neusner The International, Impartial and Independent Mechanism on Syrian War Crimes: What It Does and Doesn’t Do Deanna Rafla-Yuan NOTES The Link Between Piracy and Terrorism: A Suggested Course of Action for an Unsolvable Issue Benjamin Millard Gender Identity and Asylum: The New Standard to Be Applied for Transgender Applicants Seeking Relief Under a Claim of Asylum, Withholding of Removal, and Convention Against Torture Jamie Richards IMPUNITY WATCH ESSAY CONTEST WINNER Silence is the Killer: Fighting for the Millions of Unheard Voices Hannah Yi J. GLOB. RTS. & ORG. VOL. 9 Impunity Watch and the Journal of Global Rights and Organizations (JGRO) is owned, published, and printed annually by Syracuse University, Syracuse, New York 13244-1030, U.S.A. The recently renamed Journal of Global Rights and Organizations is an annual journal publication run by Syracuse University College of Law students. JGRO focuses on human rights as they are practiced and applied in various regional courts around the globe, including the International Criminal Court, Inter-American Court and Commission of Human Rights, European Court and Commission of Human Rights, and African Court and Commission on Human and Peoples’ Rights. JGRO is a platform for cutting-edge legal scholarship and research; is free to read online at impunitywatch.com/category/journal; and the journal may also be found in the U.S. -
Establishing a Syrian War Crimes Tribunal? Joint Hearing
ESTABLISHING A SYRIAN WAR CRIMES TRIBUNAL? JOINT HEARING BEFORE THE SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, GLOBAL HUMAN RIGHTS, AND INTERNATIONAL ORGANIZATIONS AND THE SUBCOMMITTEE ON THE MIDDLE EAST AND NORTH AFRICA OF THE COMMITTEE ON FOREIGN AFFAIRS HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION OCTOBER 30, 2013 Serial No. 113–110 Printed for the use of the Committee on Foreign Affairs ( Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or http://www.gpo.gov/fdsys/ U.S. GOVERNMENT PRINTING OFFICE 85–316PDF WASHINGTON : 2014 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 0ct 09 2002 10:42 Mar 06, 2014 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 F:\WORK\_AGH\131030\85316 HFA PsN: SHIRL COMMITTEE ON FOREIGN AFFAIRS EDWARD R. ROYCE, California, Chairman CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York ILEANA ROS-LEHTINEN, Florida ENI F.H. FALEOMAVAEGA, American DANA ROHRABACHER, California Samoa STEVE CHABOT, Ohio BRAD SHERMAN, California JOE WILSON, South Carolina GREGORY W. MEEKS, New York MICHAEL T. MCCAUL, Texas ALBIO SIRES, New Jersey TED POE, Texas GERALD E. CONNOLLY, Virginia MATT SALMON, Arizona THEODORE E. DEUTCH, Florida TOM MARINO, Pennsylvania BRIAN HIGGINS, New York JEFF DUNCAN, South Carolina KAREN BASS, California ADAM KINZINGER, Illinois WILLIAM KEATING, Massachusetts MO BROOKS, Alabama DAVID CICILLINE, Rhode Island TOM COTTON, Arkansas ALAN GRAYSON, Florida PAUL COOK, California JUAN VARGAS, California GEORGE HOLDING, North Carolina BRADLEY S. -
When Justice Leads, Does Politics Follow? the Realist Limits of Stigmatizing War Criminals Through International Prosecution
When Justice Leads, Does Politics Follow? The Realist Limits of Stigmatizing War Criminals through International Prosecution Kenneth A. Rodman Colby College Abstract Human rights advocates have called for ICC investigations in situations like Syria or North Korea regardless of the political strategies adopted by the international community toward those regimes. Part of the rationale for this advocacy is the presumed normative pull of international justice, which can stigmatize those indicted to both international and domestic audiences, leading to their marginalization. However, the examples most closely associated with this argument – Radovan Karadžić and Ratko Mladić (1995), Slobodan Milošević (1999), and Charles Taylor (2003) – are false positives since they correlated with a political commitment by powerful states to remove those actors from power. By contrast, when powerful third parties want to engage regimes whose leaders subjected to criminal scrutiny – either because of shared interests or a diplomatic approach to conflict management – the stigmatizing impact of criminalization is limited because states will ignore or reinterpret their international legal obligations. This is demonstrated by the ICTR’s failure to prosecute commanders of the Rwandan Patriotic Front and the problems the ICC has encountered in its Darfur and Kenyan investigations. The findings support a qualified realist view that the effectiveness of international criminal tribunals is dependent on the political strategies and capabilities of powerful states. Introduction In 2014, the UN Security Council deliberated over referring the Syrian civil war to the International Criminal Court and a UN Commission of Inquiry has recommended it do the same for North Korea.1 While Russia and China vetoed the Syrian resolution – and would likely do the same for one on North Korea – the prospects for accountability in either case would appear to be dim even if referrals were authorized. -
David M. Crane Professor and Former Chief Prosecutor Special Court For
David M. Crane Professor and Former Chief Prosecutor Special Court for Sierra Leone Syracuse University College of Law MacNaughton Hall Syracuse, New York 13244 [email protected] / [email protected] (Cell: 571-331-5361) Proven leader at the national and international level with over 33 years of public service leading, managing, creating, and nurturing organizations overseeing budgets in the billions of dollars. World renowned jurist and international prosecutor with vast experience in the fields of international criminal law, national security law, and international law. Innovative manager with a reputation of creating new organizations and administering these organizations to mission/mandate success. Strong academic experience developing and nurturing students for the challenges of practicing law in the 21st Century using decades of legal practice to teach and inspire future lawyers who will operate in a global village. Exceptional speaking and advocacy skills, able to communicate in various settings before varied audiences. Experienced fundraiser at the local, national, and international level. Recent work experience. --Member, Advisory Committee to the Sri Lankan Presidential Commission Regarding Missing Persons. 2014. --Professor of Practice, Syracuse University, College of Law, 2006-Present. Teaches international law, international criminal law, international humanitarian law, national security law and other related subjects. Faculty member, Institute for National Security and Counterterrorism, Syracuse University Maxwell School of Public Citizenship. Distinguished Visiting Professor of Law 2005-2006 at Syracuse University. Counselor, American Bar Association, International Law Section. Founding publisher of Impunity 1 Watch (www.impunitywatch.com) an on line law review of Syracuse University College of Law. Member of the Board of the Public International Law and Policy Group and the Robert H.