Liam Leonard and Paula Kenny of the Institute of Technology, Sligo have just established a new and very exciting publication entitled the Journal of Social Criminology. The Journal is a peer-reviewed international academic journal dealing with issues surrounding criminology, penology and rights and justice. It will publish edited collections of papers from an international pool of academics, relevant professionals and researchers on a twice yearly basis. The journal is an online free access journal aimed at facilitating academic knowledge sharing in the field of social criminology and is an exciting addition to Irish academic journals in this area.
The call for papers for Issue 1 has now been released:
The Journal of Social Criminology is now accepting submissions for its forthcoming edition. Submission details are as follows: Social Criminology will publish a collection of papers from an international pool of academics and researchers on a twice yearly basis.
Peer reviewed with contributions from a diverse range of perspectives, Social Criminology will address relevant criminological issues with a multidisciplinary approach which incorporates criminology, penology, law and rights perspectives. Word Limit: Manuscripts around 8,000 words in length.
Format: Borders of 1 inch all round. Font Times Roman 12pt. Double spaced. Anonymous Manuscript: To facilitate the refereeing process, please ensure that your paper is anonymous by including your name, contact details on a separate sheet. All contact details should also be given separately. Abstract. Include a summary of around 150 words with a list of key words.
Footnotes should be included at the end of the article. These should be numbered consecutively through the text, and presented on a separate sheet of paper, typed with double spacing. Bibliographic citations can appear in text or notes. These should include the author’s last name and the title or year of publication, and may include a page reference: (Leonard, 2009: 12). A separate list of references should be provided, in alphabetical order. Please do not abbreviate journal titles.
Copyright: The editors reserve the right to make editorial changes. Contributors are expected to assign copyright to the publisher; though they remain free to use material in subsequent publications provided Social Criminology is acknowledged as the original place of publication.
Inaugural Edition to be published in October 2009
HrinI blogger Vicky Conway and Michael Mulqueen of UL have recently published “The 2009 Anti-Gangland Package: Ireland’s New Security Blanket?” in the Irish Criminal Law Journal. The introduction to the article gives a flavour of the insightful analysis it offers:
Between January 2009 and the Dáil summer recess, the Irish government introduced six Bills in response to the problem of organised crime, which had already been linked, in media coverage, to the deaths of 15 people that year. In the previous decade multiple Acts and Amendment Acts had attempted to address the problem which, in political and media discourse, appeared to grow since the killings of Veronica Guerin and Det. Garda Gerry McCabe in the summer of 1996. With each year, the government introduced wider powers and tougher laws. The 2009 package of legislative measures represents a significant leap forward in this trend, not least through its scheduling of organised crime offences; this creates a legal requirement for the use of the non-jury Special Criminal Court in any such trials, an unprecedented step for non-paramilitary activity. Many experts and legal practitioners have predicted that at least two of the laws that comprise the package will be challenged in Irish and possibly European courts. In this article we examine the context for the introduction of the 2009 laws and difficulties which emerge from them, both in terms of the rights they potentially breach and their likelihood of success. Of particular concern to us is how the package of measures represents an underlying shift towards viewing gangland crime as a problem of national security – a shift which risks creating a myriad of further problems. Our conclusion is that not only will the package not succeed in reducing gangland crime, by moving the State further into the realm of emergency law, the package places Ireland on a very dangerous precipice for any democratic state committed to human rights.
The ICLJ is available to read on Westlaw IE for those with a subscription.
Professor Fionnuala ní Aoláin of the Transitional Justice Institute, University of Ulster and University of Minnesota School of Law has just published “Women, Security, and the Patriarchy of Internationalized Transitional Justice” in the Human Rights Quarterly. Here is the abstract:
In the contemporary global context, transitions from conflict to peace and from authoritarian to democratic governance are a critical preoccupation of many states. In these contexts, accountability for the abuses committed by prior regimes has been a priority for international institutions, states, and new governments. Nonetheless, transitional justice goals have expanded to include a broad range of structural reforms in multiple spheres. Whether an expanded or contracted transitional justice paradigm is used to define the perimeters of change, gender concerns have been markedly absent across jurisdictions experiencing transformation. This article examines the conceptualization of and legal provision for gender security and its subsequent effects upon accountability in times of transition, with particular reference to post-conflict societies. The article closely assesses a range of contemporary issues implicated for women including an examination of post-conflict security from a gender perspective, gender and disarmament, and the centrality and effect of security sector reform for women. The article pays particular attention to the under-theorized and under-researched role of international masculinities, and the patriarchy that is imported with international oversight of transitional societies.
The latest issue of the Judicial Studies Institute Journal is here.
- The Irish Sentencing Information System (ISIS): A practical guide to a practical tool by Paul Gunning and Brian Conroy
- “In whose service?” – The use and abuse of victims’ rights in Ireland by Anthony McGrath
- Hidden Crimes: Efforts to reduce domestic and sexual violence in Ireland by Eimar Fisher
and a number of book reviews from current and former members of the judiciary
My colleague and the Dean here in UCD School of Law, Prof. John Jackson, has just published “Re-Conceptualizing the Right of Silence as an Effective Fair Trial Standard” in the latest issue of the International and Comparative Law Quarterly. Here is the abstract:
As the European Court of Human Rights has come to qualify the privilege against self-incrimination and the right of silence in recent decisions, this article argues that the Court has failed to provide a convincing rationale for these rights. It is claimed that within the criminal process the right of silence should be distinguished from the privilege against self incrimination and given enhanced effect in order to uphold the protective and participatory rights of the defence which come into play when a suspect is called upon to answer criminal allegations.
In the body of the article John rightly notes that as the right to silence and the right against self-incrimination come under increasing attack—including by means of limitations arising from the jurisprudence of the European Court of Human Rights itself—the need to theorise a rationale for these rights increases in importance. While John accepts that there may be cases where these rights can be excepted from for pressing reasons of public interest, “it is not enough in these situations, arguably, just to claim that the right to silence can be ‘balanced away’ by a general public interest” (p.p. 850-851). John argues for a weighted right to silence—the idea that there is such a right until there is an evidence-based allegation that requires an answer, at which point, suspects should “be given an opportunity to respond under conditions that allow for informed and fair participation” (p. 852). At that point, the article argues, proceedings have effectively begun against suspects and those suspects should, therefore, enjoy full fair trial protections from that moment onwards.
This argument requires a separation of the right to silence and the right against self-incrimination and presents a very interesting and novel approach to the matter. To borrow a phrase from Lawrence Solum, it is ‘highly recommended’!
The 2008-2009 issue of the Hibernian Law Journal has just been released and features a number of human rights related pieces:
- Elaine Dewhurst, “Access to Justice for Migrant Workers” (p.p. 1-32)
- Oliver Fitzgerald, “The Constitutional Protection of Children in Ireland-Assessing the Need for Reform and the Available Alternatives” (p.p. 33-74)
- Pádraig McAuliffe, “Modern-Day Babel: Language Politics and Building the Rule of Law in East Timor” (p.p. 119-154)
- Cliodhna Murphy, “Immigration, Integration and Citizenship in European Union Law: The Position of Third Country Nationals” (p.p. 155-184)
- Harshita Bhatnagar & Vinay V. Mishra, “Workers’ Rights vis-à-vis the WTO: Do we need a paradigm shift?” (p.p. 185-215)
Dr Noelle Higgins and Kieran O’Reilly, both of Dublin City University’s School of Law and Government, have just published “The Use of Force, Wars of National Liberation and the Right to Self-Determination in the South Ossetian Conflict” in the International Criminal Law Review. According to the abstract:
The 2008 conflict in South Ossetia, involving both Georgian and Russian armed forces, attracted much international attention and debate. This article seeks to analyse the international legal framework regarding the use of force which should have applied to this conflict. It will first look at the history of, and circumstances surrounding, the South Ossetian conflict, and then examine the jus ad bellum regarding wars of national liberation and aggression. The concept of intervention to protect nationals abroad will also be discussed. These legal paradigms will then be applied to the events of August 2008 in the region of South Ossetia to analyse the legality of the use of force in this conflict.
Although the article is primarily concerned with international humanitarian law, it does include considerations of intervention in international law which has significance for human rights law.
The second volume of the Irish Yearbook of International Law (2007) has now been published by Hart Publishing. As with the first volume (contents), the IYIL 2007 contains correspondence reports on, among other things, human rights law in Ireland during 2007. Details of full contents can be found here. The main articles contained in the IYIL 2007 are:
* William A Schabas & Aisling O’Sullivan, Of Politics and Poor Weather: How Ireland Decided to Sue the United Kingdom Under the European Convention on Human Rights
* Ray Murphy, Whither UN Peacekeeping in Lebanon
* Pádraig McAuliffe, Forgetting the Purposes of Hybrid Courts: The East Timorese Experience
* Fiona de Londras, Shannon, Saadi and Ireland’s Reliance on Diplomatic Assurances Under Article 3 of the European Convention
* Colin Smith, Special Agreements to Apply the Geneva Conventions in Internal Armed Conflicts: The Lessons of Darfur