{"id":52352,"date":"2016-09-30T11:27:00","date_gmt":"2016-09-30T16:27:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/supreme\/legal-commentary\/joanne-mariner-archive-4.html"},"modified":"2016-09-30T11:27:00","modified_gmt":"2016-09-30T16:27:00","slug":"joanne-mariner-archive-4","status":"publish","type":"supreme","link":"https:\/\/supreme.findlaw.com\/legal-commentary\/joanne-mariner-archive-4.html","title":{"rendered":"Joanne Mariner Archive"},"content":{"rendered":"\n
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Legal Commentary – Joanne Mariner Archive<\/h1>\n\n\n\n \n
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PROSECUTING AL QAEDA:
WHEN IS A MEMBER A CONSPIRATOR?<\/a>\n\n
\nFindLaw columnist and human rights attorney Joanne Mariner discusses the\n\nfuture prosecutions of alleged Al Qaeda members detained at Guantanamo\n\nBay. Mariner focuses on the fundamental question of whether the detainees \n\ncan be criminally prosecuted for simple membership in Al Qaeda, or whether \n\nmore must be shown — and explains how similar questions were previously \n\nresolved at Nuremberg, with regard to SS officers, and in the United States, \n\nwith respect to Communist Party members.\n\n
\n<\/span>\nMonday, Apr. 29, 2002<\/span>\n<\/p>\n\n\n\n

VENEZUELA’S EMBATTLED DEMOCRACY <\/a>\n\n
\nIn the midst of an incredibly tumultuous period for Venezuela, FindLaw \n\ncolumnist and human rights advocate Joanne Mariner explains the crisis and \n\nits roots. She discusses why Latin American leaders are ready to use legal \n\nsanctions to protect Venezuela’s constitutional processes, and suggests how \n\nstructural reform of democratic institutions in Latin America might help to \n\nprevent similar crises in the future.
\n<\/span>\nMonday, Apr. 15, 2002<\/span>\n<\/p>\n\n\n\n

ILLEGAL IMMIGRATION, SOVEREIGNTY, AND CITIZENSHIP:
LESSONS FROM THE DOMINICAN REPUBLIC<\/a>\n\n
\nFindLaw columnist and human rights advocate Joanne Mariner explains the politics of the Dominican Republic’s heated debate over illegal immigration to the Dominican Republic by Haitians, and draws comparisons to similar U.S. debates. Mariner discusses recent developments and their influence upon the debate, and explains a key conflict regarding the interpretation of the Dominican Constitution.\n\n
\n<\/span>\nMonday, Apr. 01, 2002<\/span>\n<\/p>\n\n\n\n

SERBIA AND MONTENEGRO — AND KOSOVO?
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\nFindLaw columnist and human rights attorney Joanne Mariner discusses the \ncontent and context of the agreement recently signed in Belgrade by the \nleaders of Serbia and Montenegro, Yugoslavia’s two remaining constituent \nrepublics. The agreement, as Mariner explains, charts out a landmark legal \nreform of their relationship and signals the official end of the state of \nYugoslavia.
\n<\/span>\nMonday, Mar. 18, 2002<\/span>\n<\/p>\n\n\n\n

GUANTANAMERA:
THE CONTINUING DEBATE OVER THE LEGAL STATUS OF GUANTANAMO DETAINEES<\/a>\n\n
\nFindLaw columnist and human rights attorney Joanne Mariner clarifies the issues in the debate that persists over how Guantanamo detainees should be treated. Mariner explains the clash over what article of the Geneva Conventions applies to Taliban prisoners; sets forth the procedures that should be followed when POW status is in doubt; and notes the trend towards seeking to discard the Conventions entirely when terrorism is at issue.\n\n
\n<\/span>\nMonday, Mar. 11, 2002<\/span>\n<\/p>\n\n\n\n

MILOSEVIC, NATO AND THE SERBS:
WHOSE TRIAL, WHOSE CRIMES?<\/a>\n\n
\nFindLaw columnist and human rights attorney Joanne Mariner discusses Slobodan Milosevic’s defense in his ongoing war crimes trial at The Hague. Mariner assesses both the political and legal relevance of Milosevic’s strategy, and what might be expected in future proceedings.\n\n
\n<\/span>\nMonday, Feb. 18, 2002<\/span>\n<\/p>\n\n\n\n

TORTURE:
DON’T ASK, DON’T TELL<\/a>\n\n
\nFindLaw columnist and human rights attorney Joanne Mariner discusses the conviction of former French General Paul Aussaresses for “justifying war crimes” committed during France’s colonial war in Algeria. Mariner contends that even though Aussaresses himself has conceded that he participated in the crimes at issue, his conviction is not quite the human rights victory it may seem, for it is based not on what the former general did, but on what he said. The conviction thus not only conflicts with free speech principles, it also hinders efforts to find out the truth about the Algerian war.\n\n
\n<\/span>\nMonday, Feb. 04, 2002<\/span>\n<\/p>\n\n\n\n

OUR MANY AND VARIED WARS AGAINST TERROR<\/a>\n\n
\nIn Part Two of a two-part series, FindLaw columnist and human rights attorney Joanne Mariner discusses the difficulty in reaching an international consensus on the definition of terrorism. Mariner surveys different nations’ widely divergent views on what qualifies as terrorism, notes historical examples of actions that could be called terrorist but are thought by many to be justified, and chronicles the U.N.’s attempts to address terrrorism over the years. \n\n
\n<\/span>\nMonday, Jan. 21, 2002<\/span>\n<\/p>\n\n\n\n

GOOD AND BAD TERRORISM?<\/a>\n\n
\nIn Part One of a two-part series on terrorism, FindLaw columnist and human rights advocate Joanne Mariner discusses the provocative question of whether there can be such a thing as good terrorism — going well beyond the cliche that one man’s terrorist is another’s freedom fighter. Among other points, Mariner contends that while there is a strong international consensus that terrorism is bad, the consensus is ultimately a trivial one, for it masks deep disagreements as to what terrorism is in the first place, and who should be properly labeled a terrorist. \n\n
\n<\/span>\nMonday, Jan. 07, 2002<\/span>\n<\/p>\n\n\n\n\n\n\n\n\n\n

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