Books by Alexa Koenig
OHCHR and HRC Berkeley, 2020
Extreme Punishment examines the erosion of the legal boundaries that traditionally divide civil d... more Extreme Punishment examines the erosion of the legal boundaries that traditionally divide civil detention from criminal punishment. This collection of empirical studies illustrates how the mentally ill, non-citizen immigrants, and enemy combatants are treated as criminals in three of the world's oldest and wealthiest democracies: Canada, the United Kingdom and the United States. Each chapter relies on unprecedented access to the administrative black holes that increasingly characterize punishment. Together, the contributors explore how punishers exert power and how the punished experience that power. The book demonstrates that, through consolidated administrative power, new laws nominally focused on managing risk and preventing harm produce new criminal categories and newly criminalized people.
Book Chapters by Alexa Koenig
Morten Bergsmo and Carsten Stahn (editors) Quality Control in Preliminary Examination, 2018
In this digital age, methodologies for discovering, verifying and analysing information from open... more In this digital age, methodologies for discovering, verifying and analysing information from open sources have changed rapidly, including in the context of journalism, policing, and government intelligence. Investigative journalists are experimenting with more efficient ways of using social media and embracing new technologies to monitor global events. Human rights organizations like WITNESS are training activists in how to document atrocities with an eye to maximizing court admissibility and the weight of any videos they produce. Reflecting these recent developments, the question at the heart of this chapter is: “how can evolving practices around the use of online open source information be harnessed to improve the quality of preliminary examinations at the ICC?”. This issue, which resides at the intersection of international criminal justice, human rights, and law and technology scholarship, has yet to be adequately addressed in legal and academic analysis. Finding an answer, we argue, is particularly important in the context of our rapidly expanding digital information ecosystem, in which information sources and transmission practices are continuously evolving.
Conference Calls by Alexa Koenig
British Institute of International and Comparative Law (BIICL), 2020
The practice of teaching international law is conducted in a wide range of contexts across the wo... more The practice of teaching international law is conducted in a wide range of contexts across the world by a host of different actors -including scholars, practitioners, civil society groups, governments, and international organisations. It is somewhat surprising, therefore, that reflections and collaborations on the practice of teaching international law remain relatively rare.
Papers by Alexa Koenig
Author(s): Koenig, Kimberly Alexa | Advisor(s): Morrill, Calvin | Abstract: This dissertation foc... more Author(s): Koenig, Kimberly Alexa | Advisor(s): Morrill, Calvin | Abstract: This dissertation focuses on the experiences of former Guantanamo detainees as communicated in 78 interviews. An analysis of those interviews centers on former detainees' worst experiences to parse how those experiences might inform society's understanding of cruel, inhuman and degrading treatment. The dissertation is organized into nine chapters.Chapter one situates this study in the context of the United States' response to the events of 9/11, with an emphasis on the imprisonment of individuals at the U.S. detention center in Guantanamo Bay, Cuba. This chapter summarizes the major philosophical, legal and social science research relevant to detainees' experiences--including analyses of cruel, inhuman and degrading treatment--and explains how this dissertation contributes to existing empirical work. In this chapter, I argue that Guantanamo is an example of the United States' use of incar...
Hiding in Plain Sight, 2019
Journal of International Criminal Justice
The past decade has witnessed a profound shift in the documentation of war crimes and other serio... more The past decade has witnessed a profound shift in the documentation of war crimes and other serious international crimes. Whereas evidence collection has traditionally been conducted by legally mandated investigators, and focused on interviewing witnesses as well as gathering and preserving physical and documentary evidence, conventional forms of fact-gathering are now being supplemented by abundant digital documentation gathered by a dispersed network of individuals and organizations that represent a broad array of disciplines. This shift has been facilitated by two important developments: first, a transition in modes of information sharing from analogue to digital sources, including from older generation technologies like the telephone and fax to online platforms like TikTok and Telegram. Secondly, an increased understanding that digital documentation requires both a collaborative and multidisciplinary approach to data collection, storage, processing, analysis and presentation. In...
Digital Witness: Using Open Source Information for Human Rights Investigation, Documentation, and Accountability, 2020
Harvard Human Rights Journal, 2019
This article presents the emerging argument that Native American tribes that have received state ... more This article presents the emerging argument that Native American tribes that have received state but not federal recognition have a legal right to engage in gaming under state law. This argument is based on five points: that 1) the regulation of gaming is generally a state right; 2) state tribes are sovereign governments with the right to game, except as preempted by the federal government; 3) federal law does not preempt gaming by state tribes; 4) state tribal gaming does not violate Equal Protection guarantees; and 5) significant policy arguments weigh in favor of gaming by state tribes under state law.
The use of torture during interrogations conducted by U.S. special forces, military police, CIA a... more The use of torture during interrogations conducted by U.S. special forces, military police, CIA agents, the FBI, and private contractors during the War on Terror has been widely documented. While many chroniclers of the use of torture have characterized its use as a dramatic break from the past, the use of torture by American interrogators and the tacit sanctioning by U.S. officials are not new. The routine use of torture by American domestic police during the early part of the twentieth century has been largely ignored by scholars who study contemporary uses of torture in the international context. This chapter discusses the history of the "third degree" to shed more light on the current torture debate. We note that there are numerous parallels between third degree techniques employed by American domestic interrogators in the early twentieth century and coercive techniques used by American military interrogators more recently. This domestic history of torture suggests imp...
SSRN Electronic Journal, 2014
School of Law conducts research on war crimes and other serious violations of international human... more School of Law conducts research on war crimes and other serious violations of international humanitarian law and human rights. Using evidence-based methods and innovative technologies, we support efforts to hold perpetrators accountable and to protect vulnerable populations. We also train students and advocates to document human rights violations and turn this information into effective action.
SSRN Electronic Journal, 2007
She earned her B.A. summa cum laude from the University of California, Los Angeles and her J.D. m... more She earned her B.A. summa cum laude from the University of California, Los Angeles and her J.D. magna cum laude from the University of San Francisco, where she was a Dean's Scholar and Managing Editor of the U.S.F. Law Review. She is currently pursuing her Ph.D. in Jurisprudence and Social Policy at the University of California, Berkeley School of Law. Professor Koenig thanks Professor Peter Jan Honigsberg for his invaluable feedback on earlier drafts of this Article; Rosalie Leung for her research assistance; Don, Alexander and Sophie Mercer for their patience and support; and the Santa Clara Law Review for their careful editing. Any errors within this Article are, of course, the authors' own.
SSRN Electronic Journal, 2013
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SSRN Electronic Journal, 2011
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Books by Alexa Koenig
Book Chapters by Alexa Koenig
Conference Calls by Alexa Koenig
Papers by Alexa Koenig