Emory International Law Review

Volume 26Issue 1
Articles

Complex Legal Frameworks and Complex Operational Challenges: Navigating the Applicable Law Across the Continuum of Military Operations

Laurie R. Blank | 26 Emory Int'l L. Rev. 87 (2012)

Modern conflicts and stability operations pose complex challenges for both military and civilian actors tasked with promoting the rule of law during conflicts and stability operations. Military operations can occur both during armed conflict and in situations that do not qualify as armed conflict, such as disaster relief or humanitarian intervention. The now oft-used term “stability operations” encompasses U.S. military activities conducted “outside the United States in coordination with other instruments of national power to maintain or reestablish a safe and secure environment, provide essential governmental services, emergency infrastructure reconstruction, and humanitarian relief.”

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Defining Sex Trafficking in International and Domestic Law: Mind the Gaps

Michelle Madden Dempsey, Carolyn Hoyle, Mary Bosworth | 26 Emory Int'l L. Rev. 137 (2012)

Whether as a result of conceptual disagreement regarding what counts as sex trafficking, political disagreement regarding what should be done about it, or simply a lack of political will, there was no internationally recognized definition of sex trafficking until 2000. This is not to say, however, that the international community took no interest in sex trafficking before this time. Indeed, even before 2000, numerous instruments of international law called for the abolition of sex trafficking. The problem was, none of them offered a definition of what was to be abolished. Thus, notwithstanding widespread agreement that something should be done about sex trafficking, there seemed to be little agreement on what, precisely, sex trafficking was.

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Due Process and Counterterrorism

Amos N. Guiora | 26 Emory Int'l L. Rev. 163 (2012)

Counterterrorism—like terrorism—is a reality. Nations have the absolute obligation and right to protect innocent civilians against those seeking to harm them. However, implementation of counterterrorism obligations must be tempered by due process. The essence of democracy is granting—and protecting—the civil and political rights of attacker and attacked alike. Failure to provide due process to individuals suspected of involvement in terrorism leads a society down a slippery slope from which there is no return.

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Moving to an Oral Adversarial System in Mexico: Jurisprudential, Criminal Procedure, Evidence Law, and Trial Advocacy Implications

Paul J. Zwier, Alexander Barney | 26 Emory Int'l L. Rev. 189 (2012)

In 2008, Mexico passed a series of federal constitutional reforms requiring oral adversarial criminal trials. The reforms give Mexican states until 2016 to implement the shift from a written inquisitorial system to the new oral adversarial system. At the time of this writing, twenty-four states have implemented the changes to some degree, with varying degrees of success.

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