Criminal Law

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Snapshot,
David Kaye

The Obama administration has bolstered the International Criminal Court in an effort to prevent atrocities worldwide. Still, Congressional opposition and developments in conflicts abroad might make it hard for Washington to continue to cooperate with the court.

Comment, Mar/Apr 2013
Pierre N. Leval

This week, the U.S. Supreme Court dealt a blow to foreign victims of foreign human rights abusers who wish to use U.S. courts to sue their abusers. As a top legal scholar and federal judge wrote in this article--which Justice Stephen Breyer cited in his opinion--such lawsuits offered victims some measure of solace and gave substance to underenforced human rights laws.

Snapshot,
Juan de Onis

In November, former Brazilian President Luiz Inacio Lula da Silva's closest adviser was sentenced to ten years in jail for corruption. Now, the highest court seems determined to go after Lula himself. Whatever the final result, the judges' campaign has convinced Brazil's taxpaying middle class that it is time to stop tolerating graft.

Snapshot,
Ido Baum

The slew of recent high-profile graft cases in Israel makes it seem that Israeli politicians are more corrupt than others. Part of this can be chalked up to aggressive state prosecutors and an open media. But the problem is not simply one of public perception.

Comment, May/June 2012
Robert C. Bonner

Mexico is winning its death match against the drug cartels and rebuilding once-corrupt institutions in the process. But an election is approaching, and the candidates are calling for a truce. Mexico can take its place in the sun, but only if it wipes out the cartels for good.

Essay, May/June 2012
Moisés Naím

Around the world, criminal organizations and governments are fusing to an unprecedented degree, blurring the distinction between national interests and what suits the gangsters. Mafia states enjoy the unhealthy advantages of their hybrid status: they’re as nimble as gangs and as well protected as governments, and thus more dangerous than either.

Response,
Carl Levin

Activists on both the right and the left have alleged that the National Defense Authorization Act contains new authority for the military to detain American citizens. The new law does no such thing.

Essay, May/June 2011
David Kaye

A decade on, the ICC is still trying to find its footing, thanks partly from the chief prosecutor’s poor management and excessive ambition. The election to replace him is a chance to reboot.

Snapshot,
Tod Lindberg

The idea of holding national leaders to account for waging wars of aggression has moral appeal and historical pedigree. But whether the International Criminal Court can try such cases is a thornier issue.

Essay, Jul/Aug 2010
Robert C. Bonner

Mexico is currently suffering from the same sort of drug-related violence that plagued Colombia during the 1980s. Mexico and the United States can learn a great deal from Colombia's example, including that they must build law enforcement capacity and not rely solely on military force.

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