Now showing items 41-60 of 5936

    • 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)
    • Amicus Curiae Brief of Professors Robinson, deGuzman, Jalloh and Cryer on Crimes Against Humanity (Cases 003 and 004)

      Robinson, Darryl; deGuzman, Margaret M.; Jalloh, Charles; Cryer, Robert (2016-05-17)
    • Book Review: Larry May and Shannon Fyfe, International Criminal Tribunals: A Normative Defense

      deGuzman, Margaret M. (2018-06-08)
      In "International Criminal Tribunals: A Normative Defense," Larry May and Shannon Fyfe set out to demonstrate that international tribunals provide “the fairest way to deal with mass atrocity crimes in a global arena.” To do so, the authors take up a wide range of critiques that scholars and others have leveled at international criminal tribunals and argue that although most have some validity, none are fatal to the enterprise of international criminal justice. The authors’ analysis of the various critiques yields both normative arguments about the value of international criminal tribunals and suggestions about how the institutions can be improved. In advancing their normative claims and supporting their prescriptive suggestions, the authors draw on a deep well of philosophical and theoretical concepts, including legitimacy, fairness, effectiveness, and efficiency. The result is a book that not only canvases and addresses the broad array of critiques leveled at international criminal tribunals but adds significantly to the rather scant literature on the philosophical justifications for international criminal justice.
    • Inter-National Justice for Them or Global Justice for Us?: The U.S. as a Supranational Justice Donor

      deGuzman, Margaret M. (2016)
      U.S. policy concerning international justice, particularly at the ICC, involves case-by-case support when such support is in U.S. national interests. This policy signals that the U.S. considers itself a supranational justice donor rather than a member of a global justice community committed to enforcing shared values. This approach to international criminal justice both inhibits global justice efforts and undermines the U.S. claim to global moral leadership. The next U.S. administration should assert full membership in the global justice community by joining the ICC and providing unequivocal support for all efforts to address serious international crimes.
    • New Rules or More Global Governance?

      deGuzman, Margaret M. (2018)
      In her book "How Everything Became War and War Became Everything: Tales from the Pentagon," Rosa Brooks argues for “new rules and institutions to manage the paradoxes of perpetual war.” This short Essay suggests that to meet the challenges of the modern war paradigm it is at least as important to expand existing global governance structures as to develop new rules. Such expansion must resist the trend toward centering security and maintain a focus on peace and justice.
    • Complementarity at the African Court

      deGuzman, Margaret M. (2019-05)
      The proposed African Criminal Court, which will form part of the African Court of Justice and Human and Peoples’ Rights, is designed to be complementary to national courts in Africa, as well as to sub-regional courts with criminal jurisdiction. This book chapter analyzes the complementarity provision of the statute of the proposed court, which largely replicates article 17 of the Rome Statute of the International Criminal Court (ICC). It seeks to elucidate the likely relationship between the proposed African Court and the ICC, as well as between the African Court and national and regional courts in Africa. The chapter then addresses the normative question of how the proposed African Court should interact with these other institutions. While a great deal of theoretical work remains to be done in this area, the chapter suggests that as regional and sub-regional criminal courts such as the proposed African Court emerge, they should not be viewed as forming a jurisdictional hierarchy, with national courts at the top and the ICC at the bottom, but rather as providing a menu of adjudicative options. Jurisdictional priority should be decided by balancing a range of factors from practical considerations such as ease of obtaining evidence and custody, to defendants’ rights. Particular attention should be paid to the interests of each institution’s constitutive community in adjudicating a particular case. In this way, national, regional, and international criminal courts can truly complement each other.
    • Defining Crimes Against Humanity: Practicality and Value Balancing

      deGuzman, Margaret M. (2020)
      Since crimes against humanity were first defined in the Charters of the International Military Tribunals at Nuremberg and for the Far East, various international, hybrid and national institutions have adopted definitions that differ in important respects. The International Law Commission’s draft articles are the latest definition, using language that is almost identical to the definition in the Rome Statute of the International Criminal Court. This article explains that decision, as well as the few divergences between the draft articles and the Statute. Defining crimes against humanity involves balancing the value of respecting state sovereignty against that of protecting human rights, and the values of consistency and clarity against those of breadth and flexibility. It argues that in adopting the draft articles, states will affirm the balance among these values that was struck in Rome, but that both definitions contain sufficient flexibility to permit new balances to be found as global values evolve.
    • The International Criminal Court is Legitimate Enough to Deserve Support

      deGuzman, Margaret M.; Kelly, Timothy Lockwood (2019)
      In Allen Buchanan’s essay, "The Complex Epistemology of Institutional Legitimacy Assessments," 33 TEMP. INT’L & COMP. L. J. 323, 323 (2019), he suggests that the legitimacy of the International Criminal Court (ICC) is weak – perhaps so weak that it is unworthy of support. This response argues that Buchanan underestimates the ICC’s legitimacy by misconstruing the institution’s chief justifying function and under-valuing the benefits the institution can provide. Unlike domestic courts, the ICC’s main function is not to uphold the rule of law by deterring crimes, but rather to express global norms in the hopes that over time those norms will permeate the fabric of global society. In light of the complexity of this mandate, and the ICC’s relatively limited resources, it is unsurprising that the institution has faced challenges to its legitimacy in its early years. But these are early years, and we argue that the ICC meets at least to the minimum threshold of legitimacy required to justify giving it support.
    • The Biden Administration Should Signal its Commitment to the Rule of Law by Rescinding the Anti-ICC Executive Order on Day One

      deGuzman, Margaret M. (2021-01-08)
      The Biden administration should rescind President Trump’s executive order attacking the ICC immediately upon taking office. The new administration will have many urgent action items and it may not be immediately apparent why it should give priority to revoking an order that undermines an institution to which the United States is not a party. This comment explains that the importance of this action extends beyond the illegality of the order and the harm it is causing, to the urgent need to signal that the United States is recommitted to the rule of law. By perverting a tool intended to protect people and deter human rights, and using it instead to attack an institution devoted to those aims, the Trump administration has undermined the rule of law in the United States and expressed its disregard for the global rule of law. When President Trump declared ICC efforts to investigate crimes by U.S. personnel to be a “national emergency,” he abused the discretion afforded presidents to keep the United States safe, essentially placing himself above the rule of law. Moreover, by attacking the judicial independence of the ICC, President Trump is seeking to undermine global rule of law. In immediately rescinding the executive order, President Biden will not only undo an illegal action by his predecessor, he will signal to the world a renewed U.S. commitment to the rule of law.
    • Who Bears the Greatest Responsibility for International Crimes?

      deGuzman, Margaret M. (2021)
      This short symposium contribution discusses the concept of greatest responsibility for international crimes in the context of Charles Jalloh's excellent book on the legal legacy of the Special Court for Sierra Leone.
    • Coherentist Deontic Analysis or Dialogic Community Value Identification: Which Way Forward for ICL?

      deGuzman, Margaret M. (2021)
      This symposium contribution explores how two theoretical approaches to international criminal law affect doctrinal analysis, in particular with regard to command responsibility.
    • Engaging Darryl Robinson’s Justice in Extreme Cases: Introduction to the Symposium

      deGuzman, Margaret M. (2021)
      This symposium introduction provides an overview of the issues raised by fourteen scholars of international criminal law as they engage with Darryl Robinson's excellent book, Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law.
    • HBOT Post Concussion Systematic Review Search Strategy

      McDevitt, Jane; Burns, Karlee; Roth, Stephanie (2021-09)
      Search Methods for Identification of Studies: To identify studies to include or consider for this systematic review, the review team worked with a medical librarian to develop detailed search strategies for each database. The search was developed for PubMed (NLM) and was translated to Embase (Elsevier), Web of Science (Clarivate Analytics), Cochrane CENTRAL (Wiley), SPORTDiscus (EbscoHost), CINAHL (EbscoHost) and PsycInfo (EbscoHost) using a combination of keywords and subject headings. A grey literature search included and conference abstracts. The search was limited by study design and review articles or systematic reviews were excluded. The search was limited by date from 2016 to present and the final search was completed on June 18, 2021.
    • Chronic Pain and School Functioning Systematic Review Search Strategy

      Jones, Paul; Pham, Sofia; Paley, Netanel; Given Castello, Olivia (2021-09)
      Search Methods for Identification of Studies: To identify studies to include or consider for this systematic review, the review team worked with a librarian to develop detailed search strategies for each database. The search was developed for PubMed (NLM) and was translated to ERIC (EBSCOhost), PsycINFO (EBSCOhost), Web of Science (Clarivate Analytics), and CINAHL (EBSCOHost) using a combination of keywords and subject headings. A grey literature search included Trip database, EPPI-Centre’s Bibliomap, and the ProQuest Dissertations & Theses Global. The search was restricted to publication dates since 1980 since developments in the treatment of pediatric chronic pain are relatively recent. The final search was completed on June 9, 2021.
    • Students are Humans First: Advancing Basic Needs Security in the Wake of the COVID-19 Pandemic

      The Hope Center for College, Community, and Justice (Temple University) (2021-08-31)
      The COVID-19 pandemic has undoubtedly exacerbated the challenging situation facing many students in colleges and universities in the United States. To promote student success and address equity issues in higher education, there is an urgent need to treat students as humans first and attend to their basic needs. In this essay, I present evidence pointing to the fact that the pandemic has made student basic needs insecurity even worse. However, well designed and successfully implemented emergency aid programs and other innovative interventions with equity at the center can help address problems in student basic needs insecurity. I present successful examples in addressing student basic needs insecurity and call for sustained and bold actions.
    • Lateralization of Bladder Function in Normal Female Canines

      Barbe, Mary; Ruggieri, MR (2021-09)
      This study aimed to identify potential lateralization of bladder function. Electrical stimulation of spinal roots or the pelvic nerve’s anterior vesical branch was performed bilaterally in female canines. The percent difference between the left and right stimulation-induced increased detrusor pressure was determined. Bladders were considered left or right-sided if differences were greater or less than 25% or 10%. Based on differences of 25%, upon stimulation of spinal roots, bladders were left-sided in 17 (38.6%), right-sided in 12 (27.2%) and bilateral in 15 (34.2%). Using  10%, 48% had left side dominance (n = 21), 39% had right side dominance (n=17), and 14% were bilateral (n = 6). With stimulation of the pelvic nerve’s anterior vesical branch in 19, bladders were left-sided in 8 (42.1%), right-sided in 6 (31.6%) and bilateral in 5 (26.3%) using 25% differences and left side dominance in 8 (43%), right sided in 7 (37%) and bilateral in 4 (21%) using 10% differences. These data suggest lateralization of innervation of the female canine bladder with left- and right-sided lateralization occurring at similar rates. Lateralization often varied at different spinal cord levels within the same animal.
    • The Other Dreamers: International Students, Temporary Workers, and the Limits of Legality in the United States

      Stankiewicz, Damien, 1980-; Lazarus-Black, Mindie; Gould-Taylor, Sally A.; Schiller, Naomi, 1978-; Nair, Vijayanka (Temple University. Libraries, 2021)
      Over one million international students enter the United States each year. By definition, international students are nonimmigrants, ineligible to settle permanently in the United States. Yet, more than 45% of graduating international students extend their legal status with a temporary work permit that paves a path to legal permanent residence and ultimately naturalization. This dissertation examines how people unauthorized to immigrate learn about, navigate, and take advantage of scant opportunities for legal permanent residence. This long-term, multi-sited ethnographic research follows international students as they traverse a complex legal rite of passage that transforms aliens into citizens. People with nonimmigrant status move and are moved through rites of separation, liminality, and incorporation, which are highly interwoven with and contingent upon other unfolding ritual processes. Identification of imbricated rites of passage, and the rituals therein, then works to demystify migrant incorporation as a discrete, linear process. Examination of the holistic nonimmigrant to immigrant rite of passage also serves as an intervention against indiscriminate theorizations of sustained or permanent liminality, which perpetuate violence by confusing marginalizing social contexts for the inherent qualities of individuals. Utilizing an interpretive policy analysis approach, the dissertation moves beyond tracing the nonimmigrant figure to map the everyday people—including higher education staff, employers, and romantic partners—who become de facto immigration enforcement agents, constructing policies and procedures that transform students’ legal and social identities according to a diverse range of legal, cultural, political, and moral commitments.Interrogation of this underexamined guest labor and naturalization program reveals compounding contradictions between international students’ economic, political, and physical belonging, which produce devastating material, biological and psychological consequences. Despite their legal status, people with nonimmigrant status face family separation, restricted mobility, delegitimated labor, and deportation, yet are left out of proposed and implemented policies focused on legalization, Dreamers, Temporary Protected Status, as well as local inflections of sanctuary. The dissertation identifies ableism, the legal production of dependence, and exclusion from adjustment of status as untheorized strategies which work in coordination with illegality to subordinate individuals and labor. This research pushes beyond the lawful/unlawful, deserving/undeserving, and citizen/noncitizen binaries, advancing anthropological understandings of governance, governmentality, and the processes of making and unmaking immigrants.