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Victor-David Cruz-Aceves - The Diffusion of Morality Policies

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Victor-David Cruz-Aceves

The Diffusion of Morality Policies

Series: Nomos Universitätsschriften - Politik

Volume 201 2021

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References S. 195-206

„… Quarterly 16 (1): 98– 120. Marijuana Policy Project. 2013. “State-By-State Medical Marijuana Laws: How to …” „… ): 440– 72. Wong, Kenneth K., and Francis X. Shen. 2002. “Politics of State-Led Reform in Education …” „… , Scott, and Shauna Fisher. 2003. “The States and the Differing Impetus for Divergent Paths on Same-Sex …”

4 Research Design S. 57-78

„… state-year to state-year-component. Discrete-time Specification Now there are several alternatives of …” „… , it is necessary that the policy a) removes state-level criminal penalties for possession and use of …” „… medical doctor. I identified a strikingly low number of academic research on state-level medical marijuana …”

5. Analysis S. 79-151

„… state-year to state-year-component. To account for different baseline hazards across events, I include an …” „… state-year observations by clustering observations on each subject (state), which yields corrected standard …” „… in the unobserved relationships among state-year observations by clustering observations on each …”

Titelei/Inhaltsverzeichnis S. 1-18

„… Morality Policies State-Level Comparative Analyses in the United States of America Nomos …” „… Universitätsschriften Politik Volume 201 Victor-David Cruz-Aceves The Diffusion of Morality Policies Nomos State-Level …” „… Cataloging-in-Publication Data Cruz-Aceves, Victor-David The Diffusion of Morality Policies State-Level Comparative …”

2. Literature Review S. 27-45

„… from state-level politics (Nice 1994). These organizations basically articulate demands and present …” „… reforms did reflect all the characteristics of morality policy, state-level permissive abortion laws did …” „… rights in these cities were enacted, mobilized by organizing a state-wide referendum process (1999, 24 …”

1. Introduction S. 21-26

„… interchangeably throughout the dissertation: (subnational) unit, subject, polity, state, state-year, entity and …” „… : (statelevel/subnational) policy, law, legislation. 2 The following terms are used interchangeably throughout the …” „… instance, to change the levels of state wealth (Mallinson 2016). Moreover, morality policies matter …”

6. Conclusions S. 152-156

„… from state-year to state dyad-year and estimate accordingly. This would allow to test, for instance …” „… or t+2. This would require, of course, to either find state-level, issue-specific public opinion …” „… the state level between 1995 – 2011, included in the Analysis section, I provided theoretical and …”

Abstract S. 19-20

„… degree to which they reflect characteristics of morality policy. This study takes state-level Same Sex …”

3 Theory S. 46-56

„… comparative state public policy in the US and works from International Relations have grounded their …” „… ) that her constituency might react similarly, given the similar moral profiles of these states. In other …” „… interdependence12, and that morality-policy Y enacted at time t-1 in state j diffuses to state i in time t as a …”

Appendix S. 157-194

„… state. A- & BIC calculated based on 43 events. All significance tests are two-tailed. Diffusion Models …” „… cloglog models with robust standard errors clustered on state. A- & BIC calculated based on 16 events. All …” „… . Appendix 168 Enacted State Obesity Legislation by Component, 1998–2001 Year State Bill name, by Author Bill …”

doi.org/10.5771/9783748927969

Claus Kreß, Bruce Broomhall, Flavia Lattanzi, Valeria Santori - The rome statute and domestic Vol.II

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Claus Kreß (ed.), Bruce Broomhall (ed.), Flavia Lattanzi (ed.), Valeria Santori (ed.)

The rome statute and domestic Vol.II

2006

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ADEL MAGED ARAB STATES S. 498-507

„… ADELMAGED* ARAB STATES Introduction Most Arab States l have always supported the creation of an …” „… , one might wonder about the reluctance of the Arab States to ratify the Rome Statute and become parties …” „… Crimes, which may encourage Arab League Member States to make progress in their efforts to ratify the …”

NIZAMI A. SAFAROV THE COMMONWEALTH OF INDEPENDENT STATES (CIS) S. 508-524

„… NIZAMI A. SAFAROV* THE COMMONWEALTH OF INDEPENDENT STATES (CIS) Introduction The posItIve overall …” „… attitude of the member countries of the Commonwealth of Independent States1 to the establishment of the ICC …” „… was manifested by the fact that eight of its member States signed the Rome Statute (the Russian …”

Helen Duffy OVERVIEW OF CONSTITUTIONAL ISSUES AND RECENT STATE PRACTICE S. 525-543

„… the statutory framework. Some ambiguity may therefore arise in respect of statements by a few States …” „… CONSTITUTIONAL ISSUES AND RECENT STATE PRACTICE Introduction Discussions regarding the relationship between …” „… national Constitutions and the obligations States assume upon ratification of the ICC Statute have …”

Preface by the President of the Assemby of States Parties of the ICC S. 28-29

„… FOREWORD BY THE PRESIDENT OF THE ASSEMBLY OF THE STATES PARTIES OF THE INTERNATIONAL CRIMINAL COURT …” „… one cmcial sign for States' Parties' commitment to their obligations under the Statute. States Parties …” „… management oversight through the Assembly of States Parties. The incorporation of the Rome Statute into …”

Claus Kreb, Bruce Broomhall IMPLEMENTING COOPERATION DUTIES UNDER THE ROME STATUTE-, A COMPARATIVE SYNTHESIS S. 544-577

„… also the principles behind the cooperation of States with the ICC that differs from State-to-State …” „… legislation despite the existence of a relatively new, state-of-the-art extradition act. Canada constitutes …” „… sentiment expressed in Finland's crystal clear statement would apply to all States: "[ ... ] the …”

Irene Gartner AUSTRIA S. 60-81

„… Principle of Complementarity 1. Referral of a Situation by aState Party Art. 14 of the Rome Statute provides …” „… for the referral by aState Party of a situation, in which one or more crimes within the jurisdiction …” „… with the commission of such crimes. In implementing that provision, Seetion 6 of the Act states that …”

GÖRAN SLUITER THE NETHERLANDS S. 232-263

„… result, it cannot impose its conditions as other States-parties and will thus have to forfeit the …” „… assistance as an ordinary State-party have been implemented through two separate Acts. One Act is the …” „… Statute in the legal order of the Host-State, the Netherlands. The analysis is confined to ratification of …”

Håkan Friman SWEDEN S. 410-453

„… immunities and to Sweden's relations to foreign States. As already stated, ratification of the Statute …” „… provisions in Swedish law regarding state-referral of a situation to the Court. This falls within the …” „… ICC Unlike state-to-state cooperation where direct communication between national authorities is …”

BARBARA ROCHE IRELAND S. 184-215

„… the seeond time in D6il Eireann it was stated: "[i]f the request eonfliets in any way with the State …” „… the State, and (ii) the person's custody while outside the State"I06. Other provisions concern e.g …” „… one of the 160 States participating in the Rome Conferenee in the summer of 19981• It later signed the …”

BEATA ZTORKIEWICZ POLAND S. 324-337

„… Statute which leave State-Parties a certain margin of discretion in this area. It should be stressed that …” „… its authority as aState. 296 BEATAZrORKIEWICZ 2. Major Constitutional Questions a) Surrender The …” „… State Parties to the Rome Statute to arrest and surrender suspects at the request of the ICC presented …”

RISTO EEROLA, ASKO VÄLIMAA FINLAND S. 100-119

„… jurisdiction regarding a crime covered by the amendment when committed by that State-Party's nationals or on …” „… stated that the Presidency ofthe ICC shall consult the State (Party) where the ICC intends to sit. If …” „… obligation. The acceptance of an international obligation includes the formation of the will of the state to …”

MERAB TURAVA GEORGIA S. 136-159

„… MERAB TURA VA GEORGIA Introduction Georgia was represented along with other States at the UN …” „… of States present and Georgia among them - supported the adoption ofthe Rome Statute ofthe ICC. On 18 …” „… July 1998, Georgia became one of the eventually 139 States that signed the Statute. It is true that …”

MARKO BOSNJAK, DEAN ZAGORAC SLOVENIA S. 338-359

„… States, ealled the Like Minded Group, very early in the proeess of drafting the Rome Statute. At the Rome …” „… Diplomatie Conferenee, Slovenia was in the group of States that lobbied for an independent Court with …” „… to the Rome Statute and fifth CentrallEastern European State to ratify the treaty. Slovenia did not …”

Claus Kreb, JAN MACLEAN GERMANY S. 160-183

„… ICC's Jurisdiction and the Principle of Complementarity 1. Referral of a Situation by aState Party …” „… complementarity as enshrined in Arts. 1 and 17 of the ICC Statute, does not preclude aState from deciding that, in …” „… vis-a-vis States with a special jurisdictionallink but also with a view to the ICC I6. This means that …”

JULIET HAY NEW ZEALAND S. 264-309

„… monarchy', with the Queen in right of New Zealand being the Head of State (and represented in New Zealand …” „… content of legislation. New Zealand is a unitary rather than federal state. The New Zealand Legislature is …” „… state to have ratified the Rome Statute15 • A few days before ratification took place the New Zealand …”

Titelei/Inhaltsverzeichnis S. 1-25

„… ), The United Kingdom (Peter Lewis), Arab States (Adel Maged), The Commonwealth ofIndependent States (CIS …” „… constitutionallaw analysis is pursued further with a view to a number of States Parties which had not been the …” „… the Arab States (Adel Maged) and on the States forming the Commonwealth of Independent States (Nizami …”

JÜRG LINDEMANN, OLIVER THORMANN SWITZERLAND S. 454-487

„… person, where as in State-to-State transit an extradition request would be necessary. In the same spirit …” „… National Council and the Council of States - to approve the ratification of the Statute. The Federal …” „… not bound by instructions given by the State of which they are nationals (first condition), who fulfil …”

SOCORRO FLORES LIERA MEXICO S. 216-231

„… might be needed in order to beeome aState Party to the ICC Statute. None ean deny that the Statute is a …” „… eomplex instrument. Even aState with the will to beeome a Party to it must first ensure the eompatibility …” „… convention or international treaty freely signed by States on the basis of the corresponding recommendations …”

KIMBERLY PROST, DARRYL ROBINSON CANADA S. 82-99

„… the Statute in the context of State-to-State delivery of an individual, Art. 102 was included to …” „… state-to-state extradition context. Under the existing regime, arrests are not carried out on the basis ofthe …” „… would be considered by the Minister of Justice in a state-to-state extradition case. Given the very …”

HÉCTOR OLÁSOLO SPAIN S. 374-409

„… . It states how by creating a permanent ICC the international community has created an instrument aimed …” „… twenty-second State Party to the Rome Statute6. Art. 96 SpC adopts a monistic system in relation to the …” „… , particularly the RPE which establish some of the procedures to be followed by the States Parties in complying …”

ROLF EINAR FIFE NORWAY S. 310-323

„… Legislation The general obligation of States parties to cooperate fully with the Court is stated in Art. 86 …” „… as the seventh State on 6 February 2000. This contribution describes the Norwegian approach to the …” „… implementation of the Rome Statute, and by the same token illustrates practical aspects of future State …”

HELEN BRADY AUSTRALIA S. 36-59

„… respect to State or diplomatic immunity, as set out in the Foreign States lmmunities Act 1985 and the …” „… excluding the application of the immunities in the Foreign States Immunities Act 1985 and the Diplomatie …” „… which a country could ensure its place as a member of the First Assembly of State Parties - there was …”

SILVIA A. FERNANDEZ DE GURMENDI, JOSE LUIS FERNANDEZ VALON ARGENTINA S. 30-35

„… order to update its provisions. Argentina's system of constitutional review follows the United States …” „… special procedure called ''juicio politico" - akin to the "impeachment" contained in the United States …” „… procedures to be initiated or continued, or in order to comply with arequest by the ICC, the State would be …”

PETER LEWIS THE UNITED KINGDOM S. 488-497

„… ) Act 2001 for the remainde? The legislation simply states that the Act binds the Crown and applies to …” „… . The Secretary of State is regarded as having wide powers to act in accordance with an international …” „… : Seetion 2 Arequest for arrest and surrender will be transmitted by the Secretary of State to the competent …”

SlVUYILE S. MAQUNGO SOUTH AFRICA S. 360-373

„… the State, were not enacted into nationallaw. Thus the procedures that ensue from the ICC Statute are …” „… Principle of Complementarity 1. Referral of a Situation by aState Party Where the crime contemplated in the …” „… , only the crimes were enacted into law. However, the Statute is binding on the State and thus the …”

Forword by the President of the ICC S. 26-27

„… have begun. States Parties have already shown their strong support for the Court in a number of ways …” „… organizations, individuals, and above all national governments. The continual and determined support of States …” „… will be essential to the success of the Court. For States to provide such cooperation to the Court …”

doi.org/10.5771/9783845258607

Elisa Hoven, Thomas Weigend - Consent and Sexual Offenses

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Elisa Hoven (ed.), Thomas Weigend (ed.)

Consent and Sexual Offenses

Series: Sexualität in Recht und Gesellschaft

Volume 3 2022

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Aya Gruber United States S. 299-326

„… United StatesAya Gruber*BackgroundAttitudes in the United States toward Sex Crimes and Sex Crime …” „… program, or in any other status involving a state-imposed restriction on liberty.” The MPC makes an …” „… law scenario radically changes the substantive law and state power equations. People across the …”

Karolina Kremens Regulating Expression of Consent in Sexual Relations S. 43-56

„… expressed seems not to be that complicated. For example, the RAINN6 website states that consent “should be …” „… consent is”8. The National Sexual Violence Resource Center9 similarly states that consent must be “freely …” „… , Switzerland, and the United States of America. The chapter ends with conclusions that look beyond the form in …”

Andrew Dyer Australia S. 129-148

„… . No doubt, as Lord Salmon indicated, the state must take reasonable measures to protect the community …” „… and the public. But it is certainly wrong to state that this response indicates that ‘a stronger model …” „… , not as what it is – a state of mind,22 but as what it is not – ‘a communicated state of mind’.23 The …”

Aya Gruber Affirmative Consent S. 57-82

„… world.Step 3: B’s Understanding of A’s Mental StateIn a perfect consent transaction, B’s belief that A wanted …” „… fungible. The more pressing question is whether sexual consent is a mental state, an external performance …” „… states. For example, if a person who wants sex says “yes,” sex is obviously “consensual.” Controversy …”

Andrew Dyer Mistaken Beliefs about Consent S. 103-118

„… reason concerns state censure58 and can be stated briefly. Quite simply, a person should not be subject …” „… ‘outdated’.9 From now on, he announced, the law would state that a person would have the mens rea for sexual …” „… complainant’s failure to resist, when her Honour made the findings that she did about the accused’s mental state …”

Wojciech Jasiński, Karolina Kremens Poland S. 231-250

„… opinion on this change,5 the majority of academics and state entities issuing official opinions during the …” „… , reached the state of helplessness.28Article 198 CC provides for two characteristics of the victim that …” „… However, if the perpetrator had caused the victim to enter such a state of incapacity, he will be …”

Linnea Wegerstad Sweden S. 251-270

„… , the rather strong alliance between feminism and the state has been questioned across the Nordic …” „… certain limits, to decide for themselves, and that the state should not protect an interest that the …” „… consent or as grounds for negating consent. Briefly, states of unconsciousness, physical or psychological …”

Thomas Weigend, Elisa Hoven Synopsis S. 327-346

„… Netherlands, Poland, Sweden, Switzerland, Turkey, and the United States of America. Australia and the U.S …” „… victim’s pre-existing state of helplessness is treated as an equivalent to the use of force (Austria …” „… prostitution, of a teenager giving consent in a state of drunkenness, or of B agreeing to having sex with his …”

Kai Lindenberg The Netherlands S. 211-230

„… the time of writing the draft is awaiting its evaluation by the Council of State, after which it will …” „… on the French Code Pénal, which predominantly carried offences against interests of the state. The …” „… category of “diminished consciousness” was added to protect people in a vulnerable mental state that did …”

Gian Marco Caletti Italy S. 197-210

„… takes advantage of a pathological state of the victim as well as the case in which the condition of …” „… (even partial) unconsciousness is the result of a state of intoxication by alcohol or drugs. The Courts …” „… intercourse is consumed even if only taking advantage of a state of prostration, distress, or decreased …”

Sebastian Mayr, Kurt Schmoller Particularized Consent and Non-Consensual Condom Removal S. 95-102

„… Sweden in this volume. Restrictions seem to exist in some Australian states, see chapter on Australia. By …” „… Australian states, the required “free and voluntary” consent of the victim is doubted in such cases.19 This …” „… U.S. state to enact an explicit civil law provision for stealthing cases.47 Pulling off the condom …”

Sebastian Mayr, Kurt Schmoller Austria S. 149-170

„… state is committed to providing de facto equality of men and women in para. 2 of this Article. Although …” „… State Acts on Equal Treatment8, further efforts are needed to accomplish it.9 In addition to the desired …” „… on the state of opinion in literature. In the following, the term “consent” is used in a broader …”

Linnea Wegerstad Sense and Caution. A Comparative Perspective on Sweden’s Negligent Rape Law S. 119-126

„… out whether women consent to intercourse. And if a woman finds herself in a helpless state, it is …” „… be expected of a sensible and diligent 13 See the chapter on the United States in this volume.14 …” „… fault element required for rape.3 In 2010, a governmental inquiry stated that there was no need to …”

Gian Marco Caletti Coercion by Violence and its Changing Meaning. The Experience of Italy S. 25-42

„… intercourse.9 As Lysias states in On the murder of Eratosthenes, “seducers corrupt minds, to the point that …” „… instance, the theory of “inherent force” in United States law28), the courts have tried to expand the …” „… state of mind which permits her to drive a car with her rapist sitting beside her”.42The judgment …”

Nora Scheidegger Switzerland S. 271-284

„… does not require unconsciousness in the sense of a comatose state. Generally speaking, a person is …” „… only participates actively because she is in a state of dependence, her active participation is not …” „… what the offender believed was just “sham resistance”.23 However, the Swiss Federal Court stated that …”

Nora Scheidegger Of Nagging and Guilt-Tripping. Lack of Consent in One’s Own Activities? S. 83-94

„… detailed discussion of the case see Kimberly Kessler Ferzan, Consent and Coercion, 50 Arizona State Law …” „… Wegerstad, supra note 5, at 740 (“The Swedish law does not state that a defendant can be held liable for …” „… Accordingly, we must not only consider the eventual statement of consent but also the acceptability of the …”

R. Barış Atladı Turkey S. 285-298

„… domination, patriarchy, and the sanctity of the family, cannot be accepted. Notably, some authors state that …” „… stricken by the Council of State. It appears that the legislature opted for combatting sexual crime by …” „… of the victim.” Although the official statement of reasons is not binding for the application of the …”

Lyndon Harris, Hannah Quirk England and Wales S. 171-182

„… Service (CPS) Legal Guidance states: “prosecutors should bear in mind the overriding purpose of the …” „… consent provision as in some Australian states.33Grounds for negating the validity of formal consentWith …” „… state?’, The Guardian, November 24, 2021, https://www.theguardian.com/global/2021/nov/24 …”

Titelei/Inhaltsverzeichnis S. 1-6

„… License.OnlineversionNomos eLibraryWe acknowledge financial support for the publication of this book by the State …” „… KremensSweden 251Linnea WegerstadSwitzerland 271Nora ScheideggerTurkey 285R. Barış AtladıUnited States 299Aya …”

Thomas Weigend Germany S. 183-196

„… express his or her will is “significantly diminished” due to his or her bodily or mental state, the actor …” „… , in: Gabriele Cirener et al. (eds), Leipziger Kommentar Thomas Weigend186state interfere by holding D …” „… ” has been subject to debate.13 One explanation refers to the state’s interest in preserving human life …”

Wojciech Jasiński Defining Rape. In Quest of the Optimal Solution S. 11-24

„… – overview of legislation and state of play in Europe and international human rights standards, 2018 …” „… rape – overview of legislation and state of play in Europe and international human rights standards …” „… drafting sexual offense provisions. The age and mental state of the victim are two main bases for …”

doi.org/10.5771/9783748930242

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Baldassare Scolari

State Martyr

Series: Media and Religion | Medien und Religion

Volume 2 2019

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6 Moro’s Voice and its Annihilation S. 248-305

„… in terms of a moral dilemma, in which the state has to decide between fundamental values and the …” „… that could reconcile the defense of both values (the values of the state and the value of human life …” „… ), the party majority had already decided that the «sense of the state» had to prevail. The Italian …”

8 How to Narrate and Represent Political Violence S. 363-382

„… necessary for the salvation of the Italian State and society. The study has sought to show that through the …” „… allocation of the state martyr role, Moro’s death acquired the meaning of a (voluntary) witness to the …” „… state to be the guarantor and defender of these rights. It has also drawn attention to the intrinsic …”

1 Introduction S. 15-39

„… Introduction This study inquires into the emergence and performativity of the state martyr figure …” „… state martyr figure within a hegemonic discursive formation and, on the other, to explore the …” „… they called the «Imperialist State of the Multinationals» (SIM), and on the other hand addressed the …”

4 Cultural, Social and Political Context of the Event of Political Violence S. 131-181

„… «spiritual conception» of the state is clearly stated: 53 Moro 2006, 298–299; it.: «Il diritto naturale non …” „… state-controlled national television. In the climate 91 Barkan 1984, 76. 92 Dunnage 2002, 178. 93 Dunnage 2002, 179 …” „… ideology of nationalism and of modern nation-states is intrinsically linked with the emergence of the state …”

3 Signatures of the Martyr Figure S. 90-130

„… pre-modem religious; the rationalized modern state, which is part of the international system; and the …” „… actions.22 She quotes Chaterine Bell, who states that «ritualization is the way to construct power …” „… of the biblical monster contains the peoples of the state, with the image of the martyr as the symbol …”

2 A Discourse Analytical Approach to Political Violence S. 40-89

„… totalitarian and despotic states. In Italy, the cult of the «martyrs of the Resistance» against Fascism is …” „… State or DAESH. Obviously, the perception of a certain act of violence as legitimate or illegitimate is …” „… resist state violence, which represents a person who died in passive or active resistance as a martyr …”

5 Construction of a Willing Martyr S. 182-247

„… Italian State Versus Aldo Moro Virtually every one of the first Christian martyrologies reaches its climax …” „… institutions and state apparatuses, while the other does not. The situation can also be described in the …” „… (BR) represented Aldo Moro as the accused in a trial against the «Imperialist State of the …”

7 Memorialization Practices and Memory Struggle S. 306-362

„… first represented as a great statesman, reduced to mere life and finally declared a state martyr. As …” „… statesman and as a state martyr, almost indicating that Moro had to accept sacrifice, because he was the …” „… Benjamin 2007, 284. 7.2 Literary Interventions 327 An unexpected and immense state-idolatrous torchlight …”

Register S. 411-417

„… of the Resistance 42, 307 – militarization 118 – national 126 – of the state 15, 29, 31, 48, 59, 61 …” „… Minister 153, 194 – as Secretary of the DC 152 – as sovereign-martyr 303, 304 – as state martyr 61, 193 …” „… – conception of the state 149, 192 – critique of liberalism and socialism 148 – critique of the line of …”

Titelei/Inhaltsverzeichnis S. 1-14

„… State Martyr Representation and Performativity of Political Violence Baldassare Scolari Media and …” „… Scolari State Martyr BUT_OA_Scolari_5761-9_epdf.indd 3 01.07.19 08:01 The Deutsche Nationalbibliothek …” „… ) 978-3-8452-9937-2 (ePDF) Library of Congress Cataloging-in-Publication Data Scolari, Baldassare State Martyr …”

Bibliography S. 385-408

„… . Heller-Roazen, Daniel, Stanford: Stanford University Press. Agamben, Giorgio, 2005a, State of Exception, trans …” „… , 161–180. Althusser, Louis, 2014, On the Reproduction of Capitalism. Ideology and Ideological State …” „… , Offering, Sacrifice and Gift, Numen 23, 161–178. Baliani, Marco, 2011, Body of State. The Moro Affair, A …”

doi.org/10.5771/9783845299372

Sarah Raveling - Self-Representation Before International Criminal Tribunals

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Sarah Raveling

Self-Representation Before International Criminal Tribunals

Series: Schriften zum Internationalen und Europäischen Strafrecht

Volume 11 2014

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United States S. 467-468

„… 1970R. v Ernest Isaac Woodward, (1944) 29 Cr. App. R. 159, 08 December 1943United StatesAdams v. U.S …” „… . ex rel. McCann (U.S. Supreme Court), 317 U.S. 269, 21 December 1942Carter v. People of State of …” „… Illinois (U.S. Supreme Court), 329 U.S. 173, 09 December1946Anthony Pasquall Faretta v. State of California …”

National jurisdictions S. 16-34

„… thespecific example of the jurisprudence of the United States Supreme Courton the matter. In general it can be …” „… States Supreme Court of 1975 in Faretta v. California.7 In this5 Eugene Cerruti, Self-Representation in …” „… Georgetown Journal of International Law 919 (2009), at 931-940. See also Powell et al. v. State of Alabama …”

United Kingdom S. 467

„… 1970R. v Ernest Isaac Woodward, (1944) 29 Cr. App. R. 159, 08 December 1943United StatesAdams v. U.S …” „… . ex rel. McCann (U.S. Supreme Court), 317 U.S. 269, 21 December 1942Carter v. People of State of …” „… Illinois (U.S. Supreme Court), 329 U.S. 173, 09 December1946Anthony Pasquall Faretta v. State of California …”

European Court of Human Rights S. 466-467

„… , 08 December 1943United StatesAdams v. U.S. ex rel. McCann (U.S. Supreme Court), 317 U.S. 269, 21 …” „… December 1942Carter v. People of State of Illinois (U.S. Supreme Court), 329 U.S. 173, 09 December1946 …” „… Anthony Pasquall Faretta v. State of California (U.S. Supreme Court), 422 U.S. 806, 30June 1975Godinez v …”

Complexity of proceedings and (lack of) legal knowledge S. 131-149

„… , concernedwith orders directed to states for the production of documents.Within merelya fewmonths and …” „… , 11 September 2009;Motion for BindingOrder: Government of the United States of America, 11 September …” „… December 2010; Second Motion for Binding Order: United States of America, 07December 2010; Motion for …”

Regional jurisdictions S. 34-45

„… (2003), at 4-5.116 See list of EU member states:http://europa.eu/about-eu/member-countries/index_en.htm …” „… states:www.coe.int/aboutCoe/index.asp?page=47pays1europe&l=en (last accessed 17November 2012).118 See in particular also Article 6 of the …” „… European Union member states encompass a variety of legal systems115which have to be reconciled not only …”

Obstruction of the proceedings S. 278-305

„… prosecution case in light of the continuous negative impact ofthe defendant’s state of health on the conduct …” „… state of health of the defendant.1188 According to the trial chamber, thissituation endangered the …” „… beenvisaged in order to allow the proceedings to continue while taking dueaccount of the accused’s state of …”

The initial recognition of the right to self-representation S. 66-89

„… ?, 20 Ohio State Journal onDispute Resolution 3 (2005), at 14-15; Philipp Ambach, Selbstvertretung im …” „… Case in the Light of the State of theAccused’s Health and the Length and Complexity of the Case, 08 …” „… the Light of theState of the Accused’s Health and the Length and Complexity of the Case, 08November …”

International Criminal Tribunal for the Former Yugoslavia S. 441-465

„… to Reply and Reply: Motion for BindingOrder to United States of America, 02 October 2009Case No. IT …” „… : United States of America,07 December 2010Case No. IT-95-5/18-T, Decision on Prosecution’s Request for …” „… 2011Case No. IT-95-5/18-T, Third Motion for Binding Order: United States of America, 24January 2011Case …”

Influence of national and regional interpretations of the right to self-representation on the international criminal legal system S. 45-52

„… contesting states; b. internationalcustom, as evidence of a general practice accepted as law; c. the general …” „… of States that would normally exercise jurisdiction over thecrime, provided that those principles are …” „… simply applying the lawof any State; […]”.179 Prosecutor v. Dražen Erdemovi?, Case No. IT-96-22-A …”

The impact of self-representation on the right to a fair trial S. 114-122

„… Völkerstrafrecht (Baden-Baden: NomosVerlagsgesellschaft) 2010, p.93-94.450 Cf. United States of America v. William …” „… Stewart McDowell (U.S. Court of AppealsSixth Circuit), 814 F.2d 245, 16 March 1987, at 251; United States …” „… 1988, at 740-741 (referring to McDowell); United States of Americav. Kashani Farhad (U.S. Court of …”

General views on potential motives of pro se defendants S. 265-269

„… Leadershave an International Right to Self-Representation inWar Crimes Trials?, 20 OhioState Journal on …” „… .1137 For the accused, the proceedings wereHeads of State on Trial, 38 Cornell International Law Journal …” „… represented by counsel to address the judges outside the constraints of an unsworn statement or testimony …”

Recognition of the right to self-representation at different stages of the proceedings S. 89-114

„… of the case, invite or grant leave to a State,organization or person to appear before it and make …” „… open the possibility for state courts to provide for a right to defendoneself during the appeals stage …” „… State. Anyother approach is unworthy of a free people.“353 Prosecutor v. Mom?ilo Krajišnik, Case No. IT …”

Balance of interests S. 313-325

„… if an accused expressly states that he or shewould not disapprove of a lengthy trial, as long as they …” „… Self-Representation in War Crimes Trials?, 20 Ohio State Journal onDispute Resolution 3 (2005), at 11-12.1375 Cf …” „… Light of the State of the Accused’s Health and the Length and Complexity ofthe Case, 08 November 2002 …”

Potential room for active participation by accused in the proceedings S. 384-398

„… in War Crimes Trials?, 20 Ohio State Journal on DisputeResolution 3 (2005), at 15, 21, qualifying …” „… the Office of the Prosecutor on the Future Conduct of the Case in the Lightof the State of the …” „… May 2007,T.17891-17892, 17892-17930. The accused Praljak gave an opening statement:see Accused Praljak …”

Imposition of counsel S. 325-349

„… United States.1424It was argued that the ICTY registry would have been obliged to providethe defendant …” „… associate in the proceedings originated from theU.S., and thus from a major NATO member state, invalidates …” „… the ICTY registry did not unambiguously state the origin of its argument as to the subject matter of a …”

Motivations expressed by self-represented accused S. 269-276

„… wereHeads of State on Trial, 38 Cornell International Law Journal 949 (2005), at 965-966.1133 See e.g …” „… , 09 May 2003,para.22 and fn.46.270it.1145 While the defendant did state that he intended to reveal the …” „… defendant himself stated that he considered his trial to bea political one, and that this was the reason why …”

Potential ethical implications for imposed counsel S. 363-381

„… Bartholomeusz,The Amicus Curiae Before International Courts and Tribunals, 5 Non-State Actorsand International Law …” „… andTribunals, 5 Non-State Actors and International Law 209 (2005), at 248. See alsoSarah Williams/Hannah …” „… the Trial Chamber to ensure that a trial1637 Cf. Anthony Pasquall Faretta v. State of California (U.S …”

Risk of self-incrimination S. 127-131

„… to remain silent or not to incriminate oneself483 Cf. Anthony Pasquall Faretta v. State of California …” „… youmake statementsabout the facts during submissions to the court, such statements may be part of …” „… Inevitably, this will often involve factual statements by the partycross-examining the witness, which in case …”

Negative consequences of the choice to self-represent for the accused S. 122-127

„… Faretta v. State of California (U.S. Supreme Court), 422U.S. 806, 30 June 1975, at 835. See also for the …” „… establish a foundation for questions.485 Inevitably, this will often involve factual statements by the …”

Language barriers influencing the exercise of self-representation S. 149-167

„… the indictment and statements of witnesses to be called by the prosecution.Similar provisions can be …” „… , 17 April 2007. It is of note, however, that the appeals chamber in thisdecision specifically stated …” „… ),para.11-12.629 Prosecutor v. Zdravko Tolimir, Case No. IT-05-88/2-PT, Statements in Accordancewith the …”

Adequate time and facilities for self-represented accused S. 167-245

„… his defence in person,803 and stated that any entitlement to legal funds waslinked to assignment of …”

The role of legal associates in Tolimir and Karadži? S. 245-259

„… appeals chamber stated in Karadži? that “[w]hile the provision of legal consultation would normally imply …”

Prior specific warning to the accused S. 305-307

„… explicit, inthe form of an oral or written statement to an accused explaining the disruptive1304 Prosecutor …”

“Clean slate” principle S. 307-311

„… clearly stated that the trial chamber would beentitled to directly assign counsel following the appeals …” „… Closing Statement,20 March 2012, T.17540.1334 ICTY, Voluntary Protest Fasts – Information for Detainees …”

Mögliche und tatsächliche praktische Auswirkungen der Ausübung des Rechts auf Selbstverteidigung S. 410-419

„… -95-5/18-T, Prosecution Motion foran Instruction Regarding the Admissibility of Submissions and Statements …” „… Motion for an Instruction Regarding the Admissibility of Submissions and Statements of the Accused, 23 …”

Special Court for Sierra Leone S. 465-466

„… . IT-05-88/2-T, Statement in Accordance with the Trial Chamber Decision of25 August 2010, 31 August …” „… Pursuant to Rule 33(B) Concerning theAccused's Statements on 19 October 2010, 22 October 2010Special Court …” „… Statement from the Dock,29 May 2007Human Rights CommitteeMichael and Brian Hill v. Spain, Communication No …”

Human Rights Committee S. 466

„… Defence Motion RequestingLeave for Charles Ghankay Taylor to Give an Un-Sworn Statement from the Dock,29 …”

Doctrine S. 431-439

„… (2006)Bartholomeusz, Lance: The Amicus Curiae Before International Courts and Tribunals,5 Non-State …” „… Provisions, Practice and Awareness in the State Union of Serbia andMontenegroCompared to International Human …” „… State Authority. A Comparative Approachto the Legal Process (New Haven / London: Yale University Press …”

Das Recht auf Selbstverteidigung in nationalen und regionalen Jurisdiktionen S. 400-404

„… v. State of California (U.S. Supreme Court), 422U.S. 806, 30 June 1975.400anerkannt, in der Regel …” „… Ohio State Journalon Dispute Resolution 3 (2005), S. 16-17.1738 Croissant c. Allemagne, Requête n …”

The role of imposed counsel S. 349-363

„… quietly giving advice”.1530Turning to the United States, Chief Justice Burger in his dissent in …” „… (Court of Appeal), [1971] P. 33, 12 June 1970, at 33.1531 Anthony Pasquall Faretta v. State of California …” „… Pasquall Faretta v. State of California (U.S. Supreme Court), 422U.S. 806, 30 June 1975, at 834 fn.46.1533 …”

Einleitung: Thema und Untersuchungsgang S. 399-400

„… Selbstverteidigung zwar1724 Anthony Pasquall Faretta v. State of California (U.S. Supreme Court), 422U.S. 806, 30 …”

Conclusion: Lessons to be learned S. 382-384

„… in War Crimes Trials?, 20 Ohio State Journal on DisputeResolution 3 (2005), at 15, 21, qualifying …”

Titelei/Inhaltsverzeichnis S. 2-12

„… 2831. Unintentional obstruction283a. The case of Slobodan Miloševi?288b. Impact of the accused’s state …”

Statutory provisions on the right to defend oneself in person S. 54-66

„… a decision by a trial chamber of the SCSLin Norman, states that such a situation was not …” „… International Right to Self-Representation in War Crimes Trials?,20 Ohio State Journal on Dispute Resolution 3 …”

Introduction: Subject and methodology S. 13-16

„… ; AnthonyPasquall Faretta v. State of California (U.S. Supreme Court), 422 U.S. 806, 30 June14A modified approach to …”

Gerichtliche Auslegung des Rechts auf Selbstverteidigung S. 406-410

„… to Self-Representation in War Crimes Trials?, 20 Ohio State Journal onDispute Resolution 3 (2005), at …”

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