Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Entire DC Network

"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan Sep 2005

"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Pluralizing International Criminal Justice, Mark A. Drumbl Jan 2005

Pluralizing International Criminal Justice, Mark A. Drumbl

Scholarly Articles

This Review Essay of Philippe Sands' (ed.) From Nuremberg to the Hague (2003) explores a number of controversial aspects of the theory and praxis of international criminal law. The Review Essay traces the extant heuristic of international criminal justice institutions to Nuremberg and posits that the Nuremberg experience suggests the need for modesty about what criminal justice actually can accomplish in the wake of mass atrocity. It also explores the place of one person's guilt among organic crime, the reality that international criminal law may gloss over criminogenic conditions in its pursuit of individualized accountability, the possibility of group sanction …


Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl Jan 2005

Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl

Scholarly Articles

There is a recent proliferation of courts and tribunals to prosecute perpetrators of genocide, war crimes, and crimes against humanity. The zenith of this institution-building is the permanent International Criminal Court, which came into force in 2002. Each of these new institutions rests on the foundational premise that it is appropriate to treat the perpetrator of mass atrocity in the same manner that domestic criminal law treats the common criminal. The modalities and rationales of international criminal law are directly borrowed from the domestic criminal law of those states that dominate the international order. In this Article, I challenge this …


Guantanamo, Rasul, And The Twilight Of Law, Mark A. Drumbl Jan 2005

Guantanamo, Rasul, And The Twilight Of Law, Mark A. Drumbl

Scholarly Articles

In Rasul v. Bush, the Supreme Court held that U.S. district courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay. In this paper, I explore what has happened since the Rasul decision: most notably, the introduction of combatant status review tribunals as a response to Rasul and the challenges that have been filed thereto and adjudicated in the federal courts (Khalid, In re Guantanamo Detainee Cases); the charges brought against certain detainees by military commissions and challenges to these commissions filed in the …


(Reviewing Charif M. Bassiouni, Introduction To International Criminal Law (2003)), Mark A. Drumbl Jan 2005

(Reviewing Charif M. Bassiouni, Introduction To International Criminal Law (2003)), Mark A. Drumbl

Scholarly Articles

None available.


International Law And The Ethnicity Of Irish Travellers, David Keane Jan 2005

International Law And The Ethnicity Of Irish Travellers, David Keane

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.