Tag Archives: Human Rights

Advancing Accurate & Objective Cybercrime Metrics

Cybercrime has increased dramatically in this century. Although there is broad academic consensus that a dearth of official data on crimes committed in cyberspace hampers cybercrime enforcement efforts, even the most affluent nations have not yet managed to systematically catalogue cybercrime statistics.

Through a detailed analysis of efforts to keep track of this ever-evolving area of the law, Stephen Cobb outlines a future strategy that builds on the existing machinery of crime measurement and applies it at the national, regional, and international level.

At a time when cyberthreats are escalating, Cobb sheds light on historical and contemporary examples of successful monitoring efforts to show that committing to closing the cybercrime metrics gap is critical to crime deterrence efforts everywhere.

Requiem for Korematsu?

Stephen Dycus reviews Professor Eric K. Yamamoto’s timely book In the Shadow of Korematsu: Democratic Liberties and National Security, published just weeks before the Supreme Court decided Trump v. Hawaii. Dycus draws out the book’s core themes, highlighting Yamamoto’s analysis of the Korematsu decision and its continued relevance in American jurisprudence. The review concludes with a discussion of Yamamoto’s proposed process for judicial review in cases that involve both national security and civil liberties.

From Protecting Lives to Protecting States: Use of Force Across the Threat Continuum

Retired Brigadier General Kenneth Watkin’s new book, Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict, helps address some of the issues with the increasingly blurred line between international humanitarian law and human rights law. Professor Mitt Regan’s review addresses the trends that Watkin regards as posing novel challenges for states accustomed to traditional concepts of the use of force and discusses Watkin’s concepts that are especially relevant to the question of how much the traditional categories of law enforcement guided by human rights principles and armed conflict governed by international humanitarian law should continue to frame thinking about the use of force. Regan also critiques Watkin’s use of the binary framework of law enforcement and armed conflict to guide analysis.

The Border and Beyond: The National Security Implications of Migration, Refugees, and Asylum Under US and International Law

In the United States, the discussion about immigration is dominated by a narrow focus on the security of the borders, particularly the southern border, and the potential threats posed by people who seek enter the country. However, the national security implications of the refugee crisis go way beyond the borders. Protecting refugees, rather than keeping them out, is a national security imperative.

The Border and Beyond: The National Security Implications of Migration, Refugees, and Asylum Under US and International Law

 

Of Guns & Grotius

Kellman discusses the breakthroughs in the development of explosive weapons since the 13th century. He then analyzes the evolution of theories on the international law of war as expounded by Grotius, Gentili, and Vatel. He argues that these scholars should have instead developed an international law of peace; he hypothesizes what the foundation of law would have looked like and presents a contemporary alternative vision to the law of war accordingly.