This book puts forward proposals for solutions to the current gaps between the Mexican legal order and the norms and principles of international criminal law. Adequate legislative measures are suggested for compliance with international obligations. The author approaches the book's subject matter by tracing all norms related to the prosecution of core crimes and contextualizing each of the findings with a brief historical and political account. Additionally, state practice is analyzed, identifying patterns and inconsistencies. This approach is new in offering a wide perspective on international criminal law in Mexico. Relevant legal documents are analyzed and annexed in the book, providing the reader with a useful guide to the topics analyzed. Issues including the following are examined: the incorporation of core crimes in the Mexican legal order, military jurisdiction, the war crimes definition under Mexican law, unaddressed atrocities, state practice and future challenges to combat impunity. The book will be of relevance to legal scholars, students, practitioners of law and human rights advocates. It also offers interesting insights to political scientists, historians and journalists. Tania Ixchel Atilano has a Dr. Iur. from the Humboldt Universität Berlin, an LLM in German Law from the Ludwig Maximilian Universität, Munich, and attained her law degree at the ITAM in Mexico City.

Foundations of international criminal law -- Definition, protected values and goals of international criminal law -- Definition and protected values -- Goals -- Historical evolution of international criminal law -- 3 normative hierarchy of the norms prohibiting international crimes -- A jurisprudence of international and hybrid criminal tribunals -- General comments and concluding observations of the human rights committee : the situations in Spain and Northern Ireland -- Jurisprudence of the Inter- American Court of Human Rights -- Jurisprudence of the International Court of Justice and the European Court of Human Rights -- Final Remarks -- The scope of criminal proceedings for International crimes since the end of the Cold War -- The scope of criminal proceedings in international and hybrid criminal tribunals -- The scope of criminal proceeding in the international criminal tribunals for the former Yugoslavia and Rwanda -- The scope of criminal proceedings in the International Criminal Court -- The scope of criminal proceedings in hybrid criminal tribunals -- Final Remarks -- The scope of criminal proceedings for international crimes in national jurisdictions -- The long struggle for the investigation and prosecution of international crimes committed in Argentina by the military dictatorship (1976-1983) -- The crimes : 1976-1983 -- The long struggle for the investigation and prosecution of international crimes in Argentina : 1983-2005 -- Criminal proceedings since 2005 -- The scope of criminal proceedings for international crimes in national jurisdictions of territorial states -- The scope of criminal proceedings for international crimes in foreign national jurisdictions acting under the principle of universal jurisdiction -- International criminal law and transnational criminal organizations -- How do transnational criminal organizations operate? -- Introduction to the phenomenon of transnational crime -- Transnational criminal organizations -- Mexican drug cartels and their structural connexion with public authorities -- Colombian bacrims -- Final remarks : the situation of the Japanese Yakuza -- Is international criminal law an appropriate mechanism to deal with transnational criminal organizations? -- Initial approach to the problem -- The distinct nature of transnational criminal law and international criminal law -- Do some of the most serious acts of violence by transnational criminal organizations constitute crimes against humanity and thus legitimize an international criminal law response? -- International criminal law and transitional justice -- Definition and scope of transitional justice : should it be applied to situations of large scale violence by transnational criminal organizations? special attention to the situation in Mexico -- Historical precedents -- Definition -- The scope of transitional justice : should transitional justice be applied to situations of large scale violence by transnational criminal organizations like in Mexico? -- The tension between criminal proceedings for international crimes and truth commissions as central elements of a liberal approach to transitional justice -- Introduction to a liberal approach to transitional justice -- Initial approach to the tension between criminal proceedings and truth commissions : the reactions to the 2 October 2016 referendum on the peace agreement between the Colombian government and the FARC -- Strengths and weaknesses of criminal proceedings for international crimes -- Strengths and weaknesses of truth commissions -- The treatment of structural violence by truth commissions : the armed conflict in Colombia as a paradigmatic example of structural violence and concerns about the mandate of the commission for the clarification of truth, coexistence, and non- repetition in Colombia -- The tension between furthering truth recovery and protecting political commitment : the cases of Northern Ireland and Spain -- Is it possible to articulate truth commissions and criminal proceedings for international crimes to overcome their respective limitations? -- From a social- democratic approach to transitional justice to the contributions of critical theories -- Introduction to a social-democratic approach to transitional justice -- The tension between individual and collective elements of reparation programs -- The notion of superficial transition -- The main issues of transitional justice : when, how, and why -- The relationship between transitional justice and development : particular attention to the UN millennium development goals -- Final Remarks -- From the 1984 Naval Club Agreement in Uruguay to the 2016 Colon Theatre Peace Agreement in Colombia -- Uruguay -- The crimes : (1973-1985) -- The transitional process -- The criminal proceedings -- Final remarks -- Colombia -- The various transitional justice systems set Up in Colombia in the last decade -- The 24 November 2016 Peace Agreement between the Colombian government and the FARC -- The main elements of the Colombian integrated system of truth, justice, reparation, and non- repetition -- Final Remarks -- How should the normative dilemma posed by the overlapping scopes of application of international criminal law and transitional justice be addressed? -- The fragmentation of international law -- The normative dilemma posed by the overlapping scopes of application of international criminal law and transitional justice -- Can the adoption of transitional justice mechanisms that do not comply with the legal regime of international crimes be the solution to the normative dilemma? particular attention to the special jurisdiction for peace in Colombia -- Final Remarks

"Since the Mexican government escalated its war on organized crime at the end of 2006, over 150,000 Mexicans have been intentionally murdered. Countless thousands of others have been tortured; no one knows how many have disappeared. Caught between government forces and organized crime cartels, the Mexican people have suffered as atrocities and impunity reign. Based on three years of research, over 100 interviews, and previously unreleased government documents, this report finds a reasonable basis to believe that government forces and members of criminal cartels have perpetrated crimes against humanity in Mexico. The report comprehensively examines why there has been so little justice for atrocity crimes, and finds the main answers in political obstruction. Given the lack of political will to end impunity, new approaches must be taken. The report argues for a series of institutional changes, most importantly the creation of an internationalized investigative body, based inside Mexico, with powers to independently investigate and prosecute atrocity crimes."--Page 4 of cover.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to cyber law – the law affecting information and communication technology (ICT) – in Mexico covers every aspect of the subject, including intellectual property rights in the ICT sector, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, privacy issues, and computer crime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the book assembles its information and guidance in seven main areas of practice: the regulatory framework of the electronic communications market; software protection, legal protection of databases or chips, and other intellectual property matters; contracts with regard to software licensing and network services, with special attention to case law in this area; rules with regard to electronic evidence, regulation of electronic signatures, electronic banking, and electronic commerce; specific laws and regulations with respect to the liability of network operators and service providers and related product liability; protection of individual persons in the context of the processing of personal data and confidentiality; and the application of substantive criminal law in the area of ICT. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Mexico will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.

In recent years, the south-western border of the United States has come under increasing pressure from the activities of Mexican narco-insurgents. These insurgents have developed rapidly from beginnings as nebulous gangs into networked cartels that have exposed the porosity of the border. These cartels declare no allegiance to any nation and are engaging in asymmetrical warfare against sovereign states throughout Mexico and in Central America. Within such states, de facto political control is shifting to the cartels in the ‘areas of impunity’ that have emerged. This book addresses these concerns and focuses on the criminal insurgencies being waged by the gangs and cartels. It is divided into sections on theory, Mexico, and the Americas and contains a number of introductory essays pertaining to this premier security threat to the United States and her allies in the region. Topics covered include criminal and spiritual insurgency, cartel weapons, corruption, feral cities, Los Zetas, politicized gangs, and threat analysis in Central America. This book will be a valuable resource to scholars in the fields of regional security, criminal justice and American Studies. It will be of great benefit to military and civil policymakers and practitioners in the areas of law enforcement and counternarcotics. This book was published as a special issue of Small Wars and Insurgencies.

Mexico's Unrule of Law: Human Rights and Police Reform Under Democratization looks at recent Mexican criminal justice reforms. Using Mexico City as a case study of the social and institutional realities, Niels Uildriks focuses on the evolving police and justice system within the county's long-term transition from authoritarian to democratic governance. By analyzing extensive and penetrating police surveys and interviews, he goes further to offer innovative ideas on how to simultaneously achieve greater community security, democratic policing, and adherence to human rights.