Now showing items 1-20 of 5913

    • MLA Latinx Caucus Latinx/Hispanic US Population Search Hedges

      Roth, Stephanie; Orozco, Rebecca (2021-07)
      A group of 8 team members with 2 project leads developed a set of functional and reproducible search strategies focusing on the Hispanic/Latinx U.S. population for 13 databases. The project length was one year and was formed by the Chair of the Medical Library Association Latinx Caucus, Aidy Weeks (University of Nevada, Las Vegas) and was led by Stephanie Roth (Temple University, Philadelphia) and Rebecca Orozco (University of Nevada, Las Vegas). The team was guided by search and validation experts. This resource was put together by the Medical Library Association (MLA) Latinx Caucus [] on July 20, 2021 and will continue to be maintained by the MLA Latinx Caucus. Correspondence about this project should be sent to
    • The Role of Intolerance of Uncertainty in the Treatment of Anxious Youth

      Kendall, Philip C; Olino, Thomas; Heimberg, Richard; Drabick, Deborah; Giovannetti, Tania; McCloskey, Michael (Temple University. Libraries, 2022)
      Background: Intolerance of uncertainty (IU) is a cognitive vulnerability implicated in the etiology and maintenance of pathological anxiety. Research has yet to examine IU during the course of treatment for anxious youth to inform whether IU may be an important construct to target to improve the effectiveness of available interventions. The current study evaluated whether IU mediates the relationship between anxiety severity pre- to post-treatment while controlling for levels of IU at pre-treatment. Methods: Participants were 69 youth aged 7 to 17 who participated in cognitive behavioral therapy (CBT) for anxiety. Youth and their caregiver(s) completed a diagnostic interview administered by an Independent Evaluator (IE) and self- and parent-report measures pre- and post-treatment. Multiple regression mediation analyses examined the degree to which mid-treatment IU mediates the relationship between anxiety severity pre- to post-treatment while controlling for pre-treatment IU. Multiple regression mediation analyses also examined the degree to which post-treatment IU mediates the relationship between anxiety severity pre- to post-treatment while controlling for pre-treatment IU. For both analyses, three separate models were estimated to measure anxiety severity (a) by IE-report, (b) by youth self-report and (c) by parent-report. Results: There were no significant indirect effects for IE-, youth-, or parent-report models when mid-treatment IU or post-treatment IU were tested as potential mediators. Discussion: Additional work is needed to explore other potential mediators of CBT outcomes as well as the role of IU before attempts are made to target IU directly to improve current interventions. Study limitations and future directions are discussed.
    • Pubertal Stage and Depression: A Test of Within-Person Effects and Psychosocial Mediators

      Alloy, Lauren B; Olino, Thomas M; Drabick, Deborah; Kendall, Philip C; Chen, Eunice Y; Steinberg, Laurence (Temple University. Libraries, 2022)
      It has been hypothesized that pubertal development may contribute to the gender gap indepression that emerges during adolescence, but past work has been limited by the use of crosssectional analyses. The current study utilized multilevel parallel process growth models to test sex and racial differences in the association between within-person change in pubertal stage and within-person change in depressive symptoms across adolescence, controlling for age. Models were tested in a community sample of 608 youth aged 13 at baseline (Boys: M = 13.03, SD = 0.80; Girls: M = 13.08, SD = 1.00) balanced on sex and race (Caucasian/White and African American/Black). It also tested body esteem, stressful life events, and peer victimization as mediators of this relation. Results suggested that depression increased with adrenal stage among boys, but depression was unrelated to pubertal stage among girls. Further, there was no evidence of racial differences in these associations. We did not find any evidence for body esteem, stressful life events, or peer victimization as mediators of the association between pubertal stage (adrenal or gonadal) and depressive symptoms. Limitations such as the age and advanced development among participants may explain these findings.
    • Chronic Inflammation as a Pathway Leading to Cognitive Dysfunction in Depressed Youth

      Alloy, Lauren; Ellman, Lauren; Giovannetti, Tania; Olino, Thomas; Kendall, Philip; Murty, Vishnu (Temple University. Libraries, 2022)
      Cognitive functioning is disrupted during a depressive episode and cognitive dysfunction persists when depression is in remission. A subtype of depressed individuals who exhibit elevated inflammatory biomarkers may be at particular risk for cognitive dysfunction. We examined whether an elevated inflammatory biomarker (C-reactive protein: CRP) in acute and/or remitted depression was associated with specific deficits in executive functioning, episodic memory, and verbal fluency. Data were drawn from a population-based sample of Dutch adolescents (N = 1,066; 46% male) recruited at the age of 11 and followed over the course of eight years. We tested whether adolescents with either, (i) a history of depression (Wave 1 – 3) or (ii) current depression (Wave 4), and elevated levels of C-reactive protein measured in blood at Wave 3 performed worse on cognitive assessments at Wave 4. Eight measures of cognitive functioning were hypothesized to load on to one of three dimensions of cognitive functioning (executive functioning, episodic memory, and verbal fluency) within a structural equation model framework. Higher levels of CRP were associated with worse future executive functioning in adolescents with and without current/prior depression. A current depression diagnosis also was associated with worse future executive functioning. There was consistent evidence linking low socioeconomic status and health-related covariates (high body mass index/sedentary behavior) with worse performance across multiple measures of cognitive functioning and, importantly, the association of depression/CRP and executive functioning was no longer significant when controlling for these covariates. Future studies may benefit from investigating whether specific depressogenic behaviors (e.g., sedentary behavior/substance use) mediate a relationship between depression and worse executive functioning, potentially via a prospective pathway through elevated inflammation.
    • Imaginal Exposure for Disordered Eating Related Fears: A Pilot Randomized Controlled Trial

      Heimberg, Richard G (Temple University. Libraries, 2022)
      Exposure therapy has been investigated as a potential treatment for eating disorders, but prior research has largely neglected to target core fears driving the disorder. New research suggests that disordered eating behaviors may be driven by underlying feared consequences such as rejection, abandonment, disgust, and loss of control, among others. Targeting these core fears may be best achieved through imaginal exposure, a type of exposure that involves imagining the feared consequences to be true. To test imaginal exposure as an intervention for disordered eating related fears, we randomized participants (N = 47) with high scores on the Eating Disorder Examination - Self-Report Questionnaire to one of three conditions: imaginal exposure (IE), imaginal exposure preceded by a brief food exposure (IE + Food), or an assessment control (AC). Participants attended two in-person laboratory visits and completed pretreatment, posttreatment, and one-month follow-up questionnaires. Disordered eating symptoms, food and eating related fears, preoccupations, and rituals decreased following treatment, but no differences were found between conditions on the degree of change. Within- and between-session habituation occurred for subjective distress and believability of feared outcomes, suggesting that imaginal exposure effectively activates and targets disordered eating related fears. Distress tolerance and confidence in ability to change improved following the active interventions. Our study demonstrates that imaginal exposure is an acceptable intervention for disordered eating related fears, and future research must examine these questions within a longer course of treatment.

      Drabick, Debora; McCloskey, Michael; Taylor, Ronald; Xie, Hongling; Alloy, Lauren; Giovannetti, Tania (Temple University. Libraries, 2022)
      Childhood mental health problems are considered to fall along internalizing and externalizing dimensions; however, this framing does not fully capture the complexity of the relations among these symptoms. Specifically, internalizing problems (Int), conduct problems (CP), and callous/unemotional (CU) behaviors frequently co-occur and may share emotion functioning and contextual correlates that differentially confer risk across these potential symptom profiles. Research is shifting toward testing models of shared vulnerabilities to childhood emotional and behavioral symptoms, but has yet to extensively examine CU behaviors concurrently with these symptoms. The culmination of findings across relevant literature, though sparse, identifies candidate shared child-specific correlates such as emotion function (i.e., recognition, regulation, lability, processing); exposure to community violence; parent emotion socialization practices; and peer processes (e.g., bullying/victimization, social support) as shared correlates of Int, CP, and CU behaviors that may further differentiate profiles that differ in the frequency, type, or severity of symptoms. Such information could facilitate identification of youth at risk for problematic symptoms and outcomes. The current study sought to identify profiles of Int, CP, and CU behaviors in a sample of 104 low-income (69% income < $19,999; all eligible for free school meals) urban youth (M= 9.93 ± 1.22 years old; 50% male; 95% African American). Teachers rated Int, CP, and CU behaviors; and caregivers rated their emotion socialization practices and youth emotion regulation and lability. Youth reported on bullying, peer victimization, social support, and exposure to community violence and completed two lab tasks to assess emotion recognition and processing. A latent profile analysis yielded three teacher-reported profiles: (1) high internalizing, moderate CU, and moderate CP (High-Int/Mod-CU/CP, n = 16; 51.7% male); (2) high generalized anxiety disorder symptoms, CU, and CP (High-GAD/CU/CP, n = 16; 80.9% male); and (3) low problematic behaviors (Low, n = 59; 45.5% male), with the first two profiles rated as having co-occurring presentations of anxiety, depression, and CU behaviors, with different levels of CP. Auxiliary analyses revealed that the High-Int/Mod-CU/CP and High-GAD/CU/CP profiles differed only in levels of recognition of sad facial expressions, whereas the High-GAD/CU/CP and Low profiles differed on witnessing community violence and emotion regulation. The High-GAD/CU/CP profile also reportedly exhibited the greatest engagement in bullying and emotional lability. Current findings add to the growing literature on profiles of youth emotional and behavioral problems that include different constellations with co-occurring CU behaviors among youth in contexts that place them at increased risk for poor functional outcomes.
    • The Physiometrics of Inflammation and Implications for Medical and Psychiatric Research: Toward Empirically-informed Inflammatory Composites

      Alloy, Lauren B; Ellman, Lauren M; Olino, Thomas; McCloskey, Michael; Smith, David V; Bangasser, Debra (Temple University. Libraries, 2022)
      Most psychoneuroimmunology research examines individual proteins; however, some studies have used summed score composites of all available inflammatory markers without evaluating the appropriateness of this decision. Using three different samples (MIDUS-2: N = 1,255 adults, MIDUS-R: N =863 adults, and ACE: N = 315 adolescents), this study investigates the dimensionality of eight inflammatory proteins (C-reactive protein (CRP), interleukin (IL)-6, IL-8, IL-10, tumor necrosis factor-α (TNF-α), fibrinogen, E-selectin, and intercellular adhesion molecule (ICAM)-1) and compares the resulting factor structure to a) an “a priori” factor structure in which all inflammatory proteins equally load onto a single dimension (a technique that has been used previously) and b) proteins modeled individually (i.e., no latent variable) in terms of model fit, replicability, reliability, temporal stability, and their associations with medical history and depression symptoms. A hierarchical factor structure with two first-order factors (Factor 1A: CRP, IL-6, fibrinogen; Factor 2A: TNF-α, IL-8, IL-10, ICAM-1, IL-6) and a second-order general inflammation factor was identified in MIDUS-2 and replicated in MIDUS-R and partially replicated in ACE (which unfortunately only had CRP, IL-6, IL-8, IL-10, and TNF-α but, unlike the other two, has longitudinal data). Both the empirically-identified structure and modeling proteins individually fit the data better compared to the one-dimensional “a priori” structure. Results did not clearly indicate whether the empirically-identified factor structure or the individual proteins modeled without a latent variable had superior model fit. Modeling the empirically-identified factors and individual proteins (without a latent factor) as outcomes of medical diagnoses resulted in comparable conclusions, but modeling empirically-identified factors resulted in fewer results “lost” to correction for multiple comparisons. Importantly, when the factor scores were recreated in a longitudinal dataset, none of the individual proteins, the “a priori” factor, or the empirically-identified general inflammation factor significantly predicted concurrent depression symptoms in multilevel models. However, both empirically-identified first-order factors were significantly associated with depression, in opposite directions. Measurement properties are reported for the different aggregates and individual proteins as appropriate, which can be used in the design and interpretation of future studies. These results indicate that modeling inflammation as a unidimensional construct equally associated with all available proteins does not fit the data well. Instead, empirically-supported aggregates of inflammation, or individual inflammatory markers, should be used in accordance with theory. Further, the aggregation of shared variance achieved by constructing empirically-supported aggregates might increase predictive validity compared to other modeling choices, maximizing statistical power.

      Drabick, Deborah D; Kendall, Philip C; McCloskey, Michael; Heimberg, Richard G; Giovannetti, Tania; Xie, Hongling (Temple University. Libraries, 2022)
      There is a particularly robust relation between neighborhood disadvantage and youth conduct problems. Given conduct problems are heterogeneous, it is likely that distinct subgroups of youth who differ in conduct problems and related correlates may be identifiable. The present study identified profiles of youth from a low-income, urban community participating in the Coping Power Program. Profiles were characterized by teacher-reported psychosocial and behavioral functioning assessed at pre-intervention among a sample of 61 fourth-grade students (98% Black/African American; M age = 9.87 ± 0.50; 58.3% female). Auxiliary analyses investigated whether and how these profiles differ on concurrent child-reported conduct problems and contextual (i.e., neighborhood, peer) factors and whether profile membership was associated with post-intervention teacher-reported outcomes. Latent profile analysis identified four profiles: (1) Moderate Conduct Problems (Mod CP; n = 6); (2) Moderate Conduct Problems/Callous-Unemotional Behavior with Moderate Peer Victimization (Mod CP/CU+Mod PV; n = 9); (3) High Conduct Problems/Callous-Unemotional Behavior with Low Prosocial Behavior (High CP/CU+Low Pro; n = 7); and Typically Developing (TD; n = 37). Profiles differed on child-reported outcome expectations for aggressive behavior, such that Mod CP/CU+Mod PV and High CP/CU+Low Pro were more likely to expect aggression to reduce aversive treatment from others. The High CP/CU+Low Pro profile had the most consistent post-intervention improvement across outcomes, though profile responsiveness to the intervention was variable and differed based on how outcomes were operationalized. Findings inform identification of youth from low-income, urban communities who may be at risk for negative outcomes and/or more amenable to preventive interventions for conduct problems.

      Olino, Thomas M.; McCloskey, Michael; Alloy, Lauren; Chein, Jason; Giovannetti, Tania; Heimberg, Richard (Temple University. Libraries, 2022)
      Non-suicidal self-injury (NSSI), defined as the deliberate damaging or destruction of body tissue without intent to die, are common behaviors amongst youth. Although prior work has shown heightened response to negative outcomes and dampened response to positive outcomes across multiple methods, including behavioral and physiological measures, little is known about the neural processes involved in NSSI. This study examined associations between NSSI engagement and responsivity to rewards and losses in youth with and without a lifetime engagement in NSSI. We employed a task-based functional magnetic resonance imaging (fMRI) study to examine differences between regions of interest (ROIs; ventral and dorsal striatum [VS, DS], anterior cingulate cortex [ACC], orbitofrontal cortex [OFC], ventrolateral and ventromedial prefrontal cortex [vlPFC; vmPFC], and insula) and whole-brain connectivity (utilizing bilateral DS, mPFC, and insula seed ROIs) in youth with and without NSSI. We used two reward tasks, in order to examine differences between groups across domains of reward (i.e., monetary and social). Additionally, we examined the specificity of the associations by controlling for dimensional levels of related psychopathology (i.e., aggression and depression). Results from the current study found that NSSI was associated with decreased activation following monetary gains in all ROIs. Further, these differences remained significant when controlling for comorbid psychopathology, including symptoms of aggression and depression. Finally, exploratory connectivity analyses found that NSSI was associated with differential connectivity between regions including the DS, vmPFC, insula, parietal operculum cortex, supramarginal gyrus, cerebellum, and central opercular cortex. Weakened connectivity between these regions could suggest deficits in inhibitory control of emotions in individuals with NSSI, as well as dysfunction in pain processing in individuals with NSSI, whereby these individuals experience pain as more salient or rewarding than individuals without NSSI. Although results did not support our hypotheses, findings suggest disrupted reward processes in youth with NSSI, contributing to our understanding of the role that reward processes may play in NSSI, in the engagement and reinforcement of these behaviors. We also conducted an extensive systematic review of the studies indexing neural structure and function in NSSI, summarizing the literature on the neurobiological correlates of several psychological processes implicated in NSSI engagement, including emotion processes, pain processes, executive processes, social processes, and reward processes. Results of the review highlighted the neural regions most consistently associated with NSSI, including the amygdala, insula, frontal, prefrontal, and orbitofrontal cortices, and the anterior cingulate, dorsal striatum, and ventral striatum. Additionally, data showed that NSSI is associated with greater emotional responses in negative situations, poorer down-regulation of negative emotions, and poorer inhibitory control over impulsive behaviors. Overall, findings suggest that NSSI is associated with maladaptive coping, and that this down-regulation of negative emotion resulting from NSSI may be experienced as rewarding and may serve to reinforce engagement in these behaviors. Finally, this review highlighted the importance of standardizing the methods of indexing neural structure and function in NSSI, specifically in terms of how NSSI is categorized, which comorbid disorders are examined, and how neuroimaging data are collected and analyzed, so that research in this area is comparable and reproducible.

      Olino, Thomas M; Kendall, Philip; McCloskey, Michael; Jarcho, Johanna; Giovannetti, Tania; Alloy, Lauren (Temple University. Libraries, 2022)
      Extensive work has examined the relationship between rumination and executive functioning (EF) mainly in adult samples, lending support for theory that rumination is characterized by poorer shifting, inhibition, and/or working memory updating abilities. However, literature on the relationship between rumination and EF in youth is more equivocal. Further, the directionality of this relationship is somewhat unclear, and may differ as a function of EF type. The present study conducted a longitudinal, bidirectional examination of the relationship between rumination on both negative and positive affect and several types of EF in a sample of 175 youth (aged 9-13) at baseline, 9-month, and 18-month follow-up assessments. Although rumination was not associated with shifting, inhibition, and/or working memory, support generally emerged for significant concurrent relationships between rumination and greater problems with inhibition, planning/organization, and monitoring. There was minimal support for significant longitudinal relationships between rumination and EF, and no evidence emerged for relationships between rumination on positive affect and EF. The present study provides some support for a “common cause” model of the relationship between rumination and EF (e.g., depressive symptoms; shared neurobiological dysfunction), although more research is needed to examine longitudinal relationships between these constructs.
    • An Expressive Rationale for the Thematic Prosecution of Sex Crimes

      deGuzman, Margaret M. (2012)
      This essay examines the philosophical justifications for giving priority to sex crime prosecutions at international courts. Despite the increased focus on prosecuting sex crimes in recent years, no effort has been made, either at the tribunals or in the scholarship, to develop such justifications. Those who prosecute and write about sex crimes generally assume that international courts should focus particular attention on such crimes. Commentators sometimes point to the practical and institutional benefits of thematic sex crime prosecutions. Such prosecutions can, for example, increase an institution’s capacity to address sex crimes by developing relevant investigative and prosecutorial expertise and expanding the applicable law. But a prior normative question must be addressed: why should international courts give priority to sex crimes when allocating scarce resources? I argue that the philosophical grounding for thematic sex crime prosecutions must be found in the underlying purposes of international criminal courts. While the moral justifications of international prosecutions are widely disputed, there are four primary contenders: retribution, deterrence, restoration, and expression. In the first part of the essay, I explain why none of the first three theories precludes giving priority to sex crime prosecutions. In fact, each theory supports such prosecutions, at least under some circumstances. I then explain that the strongest justification for giving priority to sex crimes is found in the expressive rationale for international criminal law. In other words, if international criminal law aims to express global norms it should often seek to promote the norms against sex crimes even at the expense of other important norms. The need for such special emphasis lies in the history of under-enforcement of sex crimes in both national and international for a as well as in the discriminatory expression inherent in the crimes themselves.
    • Amicus Curiae Observations of Professors Robinson, deGuzman, Jalloh and Cryer

      Robinson, Darryl; deGuzman, Margaret M.; Jalloh, Charles; Cryer, Robert (2013-10-09)
      This is an amicus curiae brief, submitted to the International Criminal Court Appeals Chamber with permission of that chamber, in the case of Prosecutor v Laurent Gbagbo. The brief raises concerns about unnecessarily stringent approaches to crimes against humanity, as was arguably shown in certain aspects of the Gbagbo Adjournment Decision. The brief argues, inter alia, that ‘multiple’ must not be conflated with ‘widespread’, that ‘policy’ must not be conflated with ‘systematic’, that a policy need not be explicit or formally adopted, and that policy can be inferred from the implausibility of the crimes being unconnected individual action. The brief offers national and international jurisprudence highlighting that ‘attack’ and ‘policy’ are not onerous thresholds. The Appeals Chamber decided not to address those issues in that appeal, which was quite plausible and appropriate given its other findings and the scope of the appeal. Happily, many of the concerns raised and solutions proposed in the brief have been addressed and reflected in subsequent ICC cases, including the Katanga trial chamber judgment and the Gbagbo confirmation decision.
    • Choosing to Prosecute: Expressive Selection at the International Criminal Court

      deGuzman, Margaret M. (2012)
      The International Criminal Court (ICC), an institution in its infancy, has had occasion to make only a relatively small number of decisions about which defendants and which crimes to prosecute. But virtually every choice it has made has been attacked: the first defendant, Thomas Lubanga, was not senior enough and the crimes with which he was charged-war crimes involving the use of child soldiers-were not serious enough; the Court should have investigated British soldiers for war crimes committed in Iraq; the ICC should not be prosecuting only rebel perpetrators in Uganda and the Democratic Republic of Congo; the Court's focus on situations in Africa is inappropriate; the Court has focused insufficient attention on gender crimes; and so on. Much of the debate about such selection decisions centers on whether the ICC, and particularly its prosecutor, are improperly motivated by political considerations. Critics charge that selection decisions are inappropriately political, while the Court's current prosecutor, Luis Moreno-Ocampo, counters that his decisions are apolitical-that he is simply implementing the law enunciated in the ICC's statute. Most recently, some authors have suggested that the prosecutor's role is inevitably political and should be acknowledged as such. The participants in this debate rarely define what they mean by "political," nor will this Article attempt such definition. Instead, this Article seeks to reframe the debate about the ICC's selection decisions by shifting from the current focus on the boundaries between "legal" and "political" criteria to a constructive dialogue about the most appropriate goals and priorities for the Court. The ICC's core selectivity problem is that the Court lacks sufficiently clear goals and priorities to justify its decisions. States created the ICC to adjudicate "the most serious crimes of concern to the international community as a whole," but they gave it a budget that enables only a handful of prosecutions per year. Persons charged with implementing the Court's broad mandate-its prosecutor and judges-must thus select a few cases from among thousands. Yet the international community has provided the Court virtually no guidance about what goals it should seek to achieve through the cases it selects, beyond the vague mandate to strive to end impunity for "the most serious crimes."
    • Gravity and the Legitimacy of the International Criminal Court

      deGuzman, Margaret M. (2008)
      References to gravity are threaded throughout the Rome Statute's provisions relating to jurisdiction and its exercise. These references reflect the drafters' philosophical vision for the Court, but fail to provide the institution with clear legal guidance. Part II begins by examining the relevant statutory provisions, exploring ambiguities in the text and suggesting how it should be interpreted. It then canvases the legislative history for indications of the drafters' intent and evaluates the approaches to gravity adopted thus far by the Court's judges and Prosecutor. The analysis in this Part demonstrates that gravity plays two essential and distinct roles for the ICC. First, it serves as a statutorily required "threshold" below which the Court should not exercise its jurisdiction. The Prosecutor must consider this threshold in selecting situations and cases and the judges are required to reject cases below the threshold when the issue is properly raised. The second role relates to the Prosecutor's discretion. In addition to considering the gravity threshold, the Statute's emphasis on gravity strongly suggests the Prosecutor should consider relative gravity in selecting among situations and cases above the threshold. The task of implementing the concept of gravity, both as a threshold and as a relative consideration in the exercise of discretion, requires an understanding of the theoretical bases for gravity's prominent place in the ICC regime. Part III therefore turns to the justifications for the gravity threshold and discretionary relative gravity considerations, rooting them in the Court's moral and sociological legitimacy. The study of institutional legitimacy is a vast and rapidly growing field of scholarly inquiry. This Article does not seek to contribute to that literature, but rather employs extant accounts of legitimacy to demonstrate the relationship between gravity and the ICC's actual and perceived legitimacy. The Article argues that gravity acts to legitimize the Court in two interrelated ways: the gravity threshold helps to ensure the moral legitimacy of the Court's exercise of jurisdiction, and the Prosecutor's discretionary use of relative gravity strongly affects perceptions of the Court's legitimacy. These observations about gravity's role in legitimizing the ICC lead to some important conclusions in Part IV about how the Court should operationalize gravity in its work. With regard to gravity threshold determinations, a relatively straightforward factor-based analysis is suggested. The Article sets forth the relevant factors and argues that only cases scoring at the bottom of the gravity spectrum on all factors should be excluded based on the gravity threshold.
    • The International Criminal Court’s Gravity Jurisprudence at Ten

      deGuzman, Margaret M. (2013)
      This Essay analyzes the Court’s early jurisprudence interpreting the gravity threshold for admissibility. It argues that the threshold, while useful in garnering support for ratification of the Rome Statute, now seems destined to play a minor role in determining the ICC’s reach. While there are multiple possible explanations for this development, an important doctrinal cause identified in the jurisprudence is that the gravity threshold for admissibility is in tension with the Rome Statute’s provisions regarding jurisdiction. At least with regard to the admissibility of cases, the judges have concluded that interpreting the gravity threshold to exclude certain types of defendants or crimes from the Court’s reach would amount to an impermissible revision of the Court’s jurisdiction. To avoid this outcome, the judges have developed a flexible multi-factor approach to the gravity threshold that enables them to justify admitting virtually any case within the Court’s jurisdiction. The Essay concludes by arguing that, in light of the tension between admissibility and jurisdiction, the judges are right to relegate the gravity threshold to a minor role in determining the cases the Court adjudicates. To the extent the judges seek to limit the ICC’s reach, they should do so by interpreting the Court’s jurisdictional provisions directly rather than through the back door of admissibility.
    • When Are International Crimes Just Cause for War?

      deGuzman, Margaret M. (2015)
      At the 2005 World Summit, states unanimously acknowledged their responsibilities to protect people from genocide, war crimes, ethnic cleansing, and crimes against humanity, and declared their readiness to use collective force to that end if necessary. This endorsement of the “responsibility to protect” (RtoP) represents an important step on the road to developing a norm of legitimate humanitarian intervention. However, there is a critical flaw in the way states framed RtoP at the World Summit: they equated the just cause threshold for humanitarian intervention with the commission of international crimes. This was a mistake because just cause for intervention should depend on the gravity of actual or threatened harm, not on whether that harm constitutes a crime, let alone an international crime. This Article argues that there are three deleterious consequences of framing RtoP in this way: (1) it excludes situations of catastrophic, unintentional harm where intervention may be morally justified; (2) it impedes efforts to prevent all levels of harm by requiring a finding that crimes are occurring or threatened before RtoP applies; and (3) it threatens to undermine the international criminal law regime by encouraging people to think of international crimes exclusively as “atrocities” and by obscuring the difference between humanitarian intervention and aggression.
    • Book Review: Mohamed Elewa Badar, The Concept of Mens Rea in International Criminal Law: The Case for a Unified Approach

      deGuzman, Margaret M. (2014-05)
      In The Concept of Mens Rea In International Criminal Law: The Case for a Unified Approach, Mohamed Badar makes an important contribution to the literature through a comprehensive review of mens rea law in many of the world’s national legal systems and at international criminal courts and tribunals. Professor Badar demonstrates that in all of these contexts, theorists, legislators, and judges have struggled mightily to identify the appropriate mental states to justify the infliction of punishment. He also illuminates the historical trajectory of the concept beginning as far back as the Babylonian Code of Hammurabi.
    • Harsh Justice for International Crimes?

      deGuzman, Margaret M. (2014)
      As the International Criminal Court (ICC) begins to sentence defendants for war crimes, crimes against humanity, and genocide, it must determine how much punishment is appropriate for these crimes. The initial sentencing decisions are especially important because they will serve as reference points for future sentences at the ICC and will likely influence the sentences of other international courts. Few international norms exist to guide the ICC. The punishment practices of other international courts have been inconsistent, ranging from very mild to quite severe. National norms are even more divergent. Punishments considered appropriate in some systems are deemed inhumane in others. Nonetheless, the limited commentary on the appropriate punishment severity for international crimes largely speaks with one voice: international justice should be harsh. This Article takes issue with the call for harsh international punishment. Despite distracting appeals to punishment theory, such calls ultimately rest on the intuition that international crimes are so serious as to require harsh punishment. That intuition is misleading because at least in some cases, the rhetoric and narratives surrounding international crimes inflate perceptions of their seriousness. While judges exercising discretion cannot completely avoid the influence of intuitions, they should be cautious in applying them and should seek to develop norms to guide their sentencing decisions. Such norms should be rooted in the human rights regime in which international criminal courts are embedded. Attention to human rights norms will generally counsel leniency, and not harshness.
    • Amicus Curiae Observations of Professors Robinson, Cryer, deGuzman, Lafontaine, Oosterveld, and Stahn

      Robinson, Darryl; Cryer, Robert; deGuzman, Margaret M.; Lafontaine, Fannie; Oosterveld, Valerie; Stahn, Carsten (2018-06-17)