Author Archives: acontrarioadmin

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June 14, 2014

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National Criminal Law

Cyber Espionage Prosecution: U.S. v. Dong

Written by: Regina Paulose

The U.S. Department of Justice (DOJ) recently issued[1] indictments against five Chinese military officers. The indictments[2] charge each defendant with up to 30 counts which include crimes of conspiring to commit computer fraud and abuse, accessing or attempting to access a protected computer without authorization, transmitting a code (etc.) with intent to cause damage to computers, aggravated identity theft, economic espionage, and trade secret theft. Warrants have been issued for the arrest of the five men. Continue reading →

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May 15, 2014

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Human Rights, Organized Crime, Security Council

North Korea Sanctions – #Epic Fail

By: Regina Paulose[1]

North Korea (or DPRK) has continued to prove that the sanctions policy against its leadership is a failure. The DPRK has continued to subvert sanctions by earning hard currency through illegitimate means.  It essentially works as an organized crime syndicate. It is important for the international community, in particular the United Nations Security Council (UNSC), to think of ways to constructively engage the country so that it can effectively make a difference with regards to weapons proliferation and human rights and so that North Korea can turn away from using illicit channels to raise money. Continue reading →

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April 30, 2014

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ICTR, ICTY, International Criminal Court, Sentencing

Early Release in International Criminal Law

Written by: Jonathan Choi

The drama of international criminal justice is mostly in the initial conviction and sentencing; few reporters investigate what happens to the convict after she is locked away, and few academics consider why or how she is released. Continue reading →

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April 10, 2014

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International Criminal Court

“Equality of Arms” and its Effect on the Quality of Justice at the ICC

Written by: Tosin Osasona [1]

The concept of equality of arms has a dinstinctive European origin and can be traced back to the medieval era, when dispute was settled by ordeal of trial by battle. Because the trial would be to death, a rigid set of rules were put in place to ensure parity between contestants and each contestant was put at par in terms of armament and armor.[2] This worldview midwived the common law system of adversarial proceeding. Continue reading →

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March 6, 2014

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International Criminal Court, International Tribunal, Rome Statute, Victims Rights

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Prosecuting Gender-Based Crimes: An Interview with Dr. Hilmi M. Zawati

A conversation with: Regina Paulose

In a virtual interview, accompanying the release of Dr. Zawati’s new book, Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals by Oxford University Press (2014), we discuss the prosecution of gender based crimes in the international legal system. Dr. Zawati explains below that the lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringes the principle of “fair labelling,” lead to inconsistent verdicts and punishments, and constitutes a barrier to justice. As a result, sexual violence in wartime settings should be prosecuted separately as crimes in themselves, not as a subsection of war crimes or crimes against humanity. Continue reading →