Crime against international law

Crime against international law in the United States

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Advancing International Criminal Law: The Special Court for Sierra Leone Recognizes Forced Marriage as a ‘New’ Crime against Humanity
Micaela Frulli
Journal of International Criminal Justice
Volume 6, Number 5, November 2008    p.1033-1042 LAW JOURNAL / LAW REVIEW

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Gender, Persecution, and the International Criminal Court: Refugee Law’s Relevance to the Crime Against Humanity of Gender-Based Persecution
Valerie Oosterveld
Duke Journal of Comparative & International Law
Volume 17, Number 1, Fall 2006    p.49 LAW JOURNAL / LAW REVIEW

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TRANSNATIONAL ORGANISED CRIME AND INTERNATIONAL LAW: THE PALERMO CONVENTION
Andreas Schloenhardt
Criminal Law Journal
Volume 29, Number 6, December 2005    p.340 LAW JOURNAL / LAW REVIEW
The last decade has witnessed a significant growth in transnational organised crime activities. It has also seen multiple efforts by the international community to come to terms with this rise of organised crime and to work towards an international instrument to combat the activities of criminal organisations. In December 2000, the United Nations opened for signature the Convention against Transnational Organized Crime (2001), also known as the Palermo Convention, a treaty that is supplemented by three proLaw Journal / Law Reviewols on trafficking in persons, smuggling of migrants, and trafficking in firearms and ammunition. The conclusion of the Convention marks the end of more than eight years of consultations on a universal instrument to criminalise and counteract transnational criminal organisations. This article illustrates the developments that led to the Convention against Transnational Organized Crime and reflects on the amendments and concessions that have been made to earlier proposals during the elaboration process. This article highlights the strengths of the Convention in the areas of judicial cooperation and mutual legal assistance, and the shortcomings of the new Convention, in particular in failing to establish a universal, unequivocal definition of “transnational organized crime”.

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The Trans-Atlantic Slave Trade: A Forgotten Crime Against Humanity as Defined by International Law
Patricia M. Muhammad
American University International Law Review
Volume 19, Number 4, 2004    p.883 LAW JOURNAL / LAW REVIEW

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Murder as a Crime against Humanity in International Law: Choice of Law and Prosecution of Murder in East Timor
Guy Cumes
European Journal of Crime, Criminal Law and Criminal Justice
Volume 11, Number 1, 2003    p.40 LAW JOURNAL / LAW REVIEW

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AMICI CURIAE URGE THE U.S. SUPREME COURT TO CONSIDER INTERNATIONAL HUMAN RIGHTS LAW IN JUVENILE DEATH PENALTY CASE
Connie de la Vega
Santa Clara Law Review
Volume 42, Number 4, 2002    p.1041 LAW JOURNAL / LAW REVIEW
This article puts forth the argument made in an amicus curiae brief filed in the case of Napoleon Beazley, a seventeen year-old offender sentenced to death in Texas. Amici urge the United States Supreme Court to grant his petition for writ of certiorari so that it might consider whether the prohibition against executing offenders who were younger than eighteen at the time of their crime has attained the status of customary international law and even a peremptory norm of international law. If so, then the reservation to article 6(5) of the International Covenant on Civil and Political Rights, a treaty ratified by the United States, is invalid and that provision can be applied directly in the United States. Amici also argue that the non-self-executing declaration does not apply when the treaty is being used defensively, and that because the provision itself is self-executing, it should be applied directly by the Court. Finally, amici urge that at a minimum the Court should provide meaningful guidance in construing the Eighth Amendment of the United States Constitution.


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