Legal Commentary - Joanne Mariner Archive

ASHCROFT'S DISTORTED CONSTITUTION
FindLaw columnist and human rights advocate Joanne Mariner takes strong issue with Attorney General John Ashcroft's view of the Constitution -- arguing that Ashcroft accords Second Amendment gun rights as outsized a position as that of New York City in Saul Steinberg's famous "View of the World From 9th Avenue" cartoon on the New Yorker's cover. Mariner contrast the Attorney General's endorsement of military tribunals, among other positions, with his recently expressed view that the FBI should not check terrorism suspects' gun purchase records.
Wednesday, Dec. 12, 2001

O.J. AND OSAMA:
THE FEAR OF A HIGHLY PUBLICIZED BIN LADEN TRIAL, AND THE PROBLEM WITH MILITARY COMMISSIONS
FindLaw columnist and human rights attorney Joanne Mariner examines Attorney General Ashcroft's comparison of a possible trial of Osama bin Laden to the trial of O.J. Simpson, and contends that the fear of a Simpson-like proceeding does not justify abridging due process. Mariner also notes the cost, in terms of international opinion, of affording suspected terrorists military proceedings rather than civil trials.
Monday, Nov. 26, 2001

OF NUKES, BOMBLETS, AND SPORES:
WEAPONS OF MASS DESTRUCTION AND INTERNATIONAL LAW'S PRINCIPLE THAT CIVILIANS CANNOT BE TARGETED
FindLaw columnist and human rights attorney Joanne Mariner comments, from the perspective of international law, on terrorists' mass killing of civilians and their threats to use weapons of mass destruction. She also discusses Afghan civilian casualties inflicted by U.S. bombing -- and, in particular, takes issue with U.S. use of cluster bombs.
Monday, Nov. 12, 2001

MILOSEVIC IN THE DOCK
FindLaw columnist and human rights attorney Joanne Mariner discusses the latest developments in the trial of Slobodan Milosevic. Mariner comments on issues ranging from Milosevic's opportunity to present arguments in his own defense, to due process concerns that will arise if indictments based on two separate sets of allegations are joined.
Monday, Oct. 29, 2001

BEATING BIN LADEN IN THE WEST BANK
FindLaw columnist, attorney, and human rights advocate Joanne Mariner urges the Bush Administration, having voiced support of a Palestinian state, to move forward in trying to revitalize the Middle East peace process. Mariner contends that while we should never capitulate to terrorists, we should nevertheless ask ourselves why the extremists' appeal sweeps beyond the radical fringe, and should take steps to address the legitimate grievances of the moderate Arab and Muslim public.
Friday, Oct. 19, 2001

REVENGE, RETALIATION AND COLLECTIVE GUILT
FindLaw columnist and human rights advocate Joanne Mariner cautions against a response to the recent terrorist attacks that would mirror the thinking behind the attacks themselves, and emphasizes why we should not resort to believing in collective guilt, or placing blame on ethnic groups.
Monday, Sep. 17, 2001

RACISM, CITIZENSHIP, AND NATIONAL IDENTITY:
A CONCEPTUAL CHALLENGE FOR THE U.N. RACISM CONFERENCE
FindLaw columnist and human rights advocate Joanne Mariner discusses an important issue the U.N.'s Racism Conference seems unlikely to resolve: the issue of Nations' using race and ethnicity in their decisions as to who is, who is not, and who can become a citizen.
Monday, Sep. 03, 2001

WAR CRIMINALS AND CONVICTS:
A REVIEW OF STEVEN RATNER AND JASON ABRAMS'S "ACCOUNTABILITY FOR HUMAN RIGHTS ATROCITIES IN INTERNATIONAL LAW: BEYOND THE NUREMBERG LEGACY"
FindLaw columnist and human rights advocate Joanne Mariner discusses new hopes for bringing to justice some of those who committed atrocities during the reign of Argentina's junta.  The culprits include Alfredo Artiz, nicknamed the "angel of death" for his misdeeds; their crimes include murder, disposing of bodies by throwing them from planes, and stealing female political prisoners' babies.
Friday, Aug. 31, 2001

PROSECUTING ARGENTINA'S "ANGEL OF DEATH"
Human rights advocate and attorney Joanne Mariner reviews Steven Ratner and Jason Abrams's recent book "Accountability for Human Rights Atrocities in International Law: Beyond The Nuremberg Legacy," which touches on issues ranging from the trend towards accountability rather than impunity for human rights abuses; to the incoherence of the international legal regime for accountability when viewed as a whole; to the various different mechanisms, both civil and criminal, for punishing human rights violations.
Monday, Aug. 20, 2001

GENOCIDE IN EUROPE: THE SREBRENICA MASSACRE AND THE KRSTIC VERDICT
FindLaw columnist and human rights advocate Joanne Mariner discusses the recent genocide verdict rendered by the war crimes tribunal in The Hague against General Radislav Krstic. Mariner notes the extent and limits of the verdict, and explains why many think true justice for Srebrenica has not yet been achieved.
Monday, Aug. 06, 2001