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Articles 1 - 30 of 44
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Criminalizing Ecocide, Rebecca Hamilton
Criminalizing Ecocide, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Amid widespread acknowledgment that we live on a planet in peril, the term “ecocide” packs a powerful rhetorical punch. Extant regulatory approaches to environmental protection feel insufficient in the face of the triple threat of climate change, pollution, and biodiversity loss. International criminal prosecution for ecocide, by contrast, promises to meet the moment, and a recent proposal to introduce ecocide into the canon of core international crimes is gaining traction. Assuming the push to criminalize ecocide continues to gain momentum, this Article argues that the primary (and perhaps, sole) benefit that international criminal law can offer in this context is …
Ukraine's Push To Prosecute Aggression: Implications For Immunity Ratione Personae And The Crime Of Aggression, Rebecca Hamilton
Ukraine's Push To Prosecute Aggression: Implications For Immunity Ratione Personae And The Crime Of Aggression, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Russia’s aggression against Ukraine dates back to its 2014 annexation of Ukraine’s southern peninsula, Crimea. It was Russia’s brazen full-scale invasion of Ukraine on February 24, 2022, however, that captured global attention and put the crime of aggression – the resort to war in violation of the UN Charter3 – in the spotlight.
Victim Participation And Social Impact: Contemporary Lessons Of The Eichmann Trial, Diane Orentlicher
Victim Participation And Social Impact: Contemporary Lessons Of The Eichmann Trial, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
Six decades after the trial of Adolf Eichmann, its legacy is still evolving. Some aspects of the case, deeply controversial at the time, have become settled precedent. In particular, innovative legal grounds for Israeli jurisdiction, widely faulted outside Israel as proceedings got underway, are now accepted precepts of international law. Thus a half century after the trial, a leading expert in international criminal law concluded that jurisdictional and substantive law pioneered in Israel have by and large "stood the test of time." In his view, "The impact of the Eichmann decisions on the development of international criminal law cannot be …
Memoria, Verdad Y Justicia: Situacion Y Perspectivas Etudes: Premiere Partie: Justice Transitionnelle Et Reconciliation, Juan Mendez
Articles in Law Reviews & Other Academic Journals
La evolucion de los principios de justicia transicional en el Derecho Internacional de los Derechos Humanos debe verse con un enfoque juridico que ponga de manifiesto la frondosa jurisprudencia que se ha poducido en respuesta a las trabas y obstAculos en diversos paises para la realizacibn de la justicia. Esto es especialmente cierto en America Latina, donde el sistenma interamericano de proteccion ha establecido con firmeza varias de estas obLigaciones internacionales del Estado. Pern no se trata de reglas aplicables solamente en el mbito interamericano, sino que se irproducen de diversas formas en otros sistemas regionales y tambidn en la …
Louis Henkin Memorial Lecture University Of Miami Law School, Juan Mendez
Louis Henkin Memorial Lecture University Of Miami Law School, Juan Mendez
Articles in Law Reviews & Other Academic Journals
I am deeply honored to be invited to deliver this year's version of a lecture series honoring Professor Louis Henkin whose contributions to the development of international law-and very specifically to international human rights law - are and very long will continue to be remembered. I am also a bit overwhelmed as I notice that the organizers have put me in the company of wonderful colleagues and masters of this field, several of them my friends and persons whose work I admire. It is also especially gratifying for me to have the occasion of renewing contact with the Henkin family …
Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca Hamilton
Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Online intermediaries are omnipresent. Each day across the globe, the corporations running these platforms execute policies and practices that serve their profit model, typically by sustaining user engagement. Sometimes, these seemingly banal business activities enable principal perpetrators to commit crimes. Online intermediaries, however, are almost never held to account for their complicity in the resulting harms. This Article introduces the concept of platformenabled crimes into the legal literature to highlight the ways in which the ordinary business activities of online intermediaries enable the commission of crime. It then focuses on a subset of platform-enabled crimes—those in which a social media …
The Emerging Shape Of Global Justice: Retrogression Or Course Correction?, Diane Orentlicher
The Emerging Shape Of Global Justice: Retrogression Or Course Correction?, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Failure To Grapple With Racial Capitalism In European Constitutionalism, Jeffrey Miller
The Failure To Grapple With Racial Capitalism In European Constitutionalism, Jeffrey Miller
Articles in Law Reviews & Other Academic Journals
Since the 1980s prominent scholars of European legal integration have used the example of U.S. constitutionalism to promote a federal vision for the European Community. These scholars, drawing lessons from developments across the Atlantic, concluded that the U.S. Supreme Court had played a key role in fostering national integration and market liberalization. They foresaw the possibility for the European Court of Justice (ECJ) to be a catalyst for a similar federal and constitutional outcome in Europe. The present contribution argues that the scholars who constructed today’s dominant European constitutional paradigm underemphasized key aspects of the U.S. constitutional experience, including judgments …
Worth The Effort?: Assessing The Khmer Rouge Tribunal, Diane Orentlicher
Worth The Effort?: Assessing The Khmer Rouge Tribunal, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
Every international and hybrid war crimes court has attracted a measure of controversy, but none more than the Extraordinary Chambers in the Courts of Cambodia (ECCC). While myriad aspects of the ECCC’s record are crucial to its legacy, this article explores one question of overarching importance: whether its performance has justified a key risk the UN assumed when it agreed to support the court — that case selection would be improperly influenced by the Cambodian government. More particularly, it assesses the ECCC’s performance in light of two questions: How well have safeguards against political interference worked? Are survivors of Khmer …
Access To Justice For Victims Of Conflict-Related Sexual Violence, Claudia Martin, Susana Sácouto, Susana Sacouto
Access To Justice For Victims Of Conflict-Related Sexual Violence, Claudia Martin, Susana Sácouto, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
Despite persistent impunity for conflict-related sexual violence, there have been a limited number of significant cases holding perpetrators accountable within national justice systems. One of these cases is the Sepur Zarco case, in which two former military members were accused of committing acts of sexual violence, sexual slavery and domestic slavery near a military outpost in Sepur Zarco during the civil war in Guatemala. In a landmark verdict issued in February 2016, a Guatemalan court convicted the two accused, marking the first time a Guatemalan court has convicted former military members for acts of sexual violence committed in the context …
Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Paul Williams
Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Paul Williams
Articles in Law Reviews & Other Academic Journals
On August 28, 2019, Dr. Paul R. Williams delivered the Bruce J. Klatsky Endowed Lecture on Human Rights at Case Western Reserve University School of Law. This article, based on his lecture, examines how justice has repeatedly found a foothold in peace processes, and how the international community can continue to work towards embedding accountability into peace processes to achieve durable peace. This article traces the arc of accountability in peace processes, from an era of impunity and a period of stepping stones moments, to today’s uncertain moment for post-conflict accountability and justice mechanisms. The author argues that comprehensive transitional …
Talking Foreign Policy: Responding To Rogue States, Paul Williams, Todd F. Buchwald, James Johnson, Michael P. Scharf, Milena Sterio
Talking Foreign Policy: Responding To Rogue States, Paul Williams, Todd F. Buchwald, James Johnson, Michael P. Scharf, Milena Sterio
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson
The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson
Articles in Law Reviews & Other Academic Journals
Peace negotiators often face the difficult decision of whether to pursue peace at the potential cost of achieving justice, or to pursue justice at the potential cost of achieving near term peace. There are abiding ethical and moral debates surrounding this tension between peace and justice. In Syria—where the death toll has exceeded 470,000, 11 million have been displaced, and there are over 14,000 documented cases of torture to the point of death—the peace versus justice debate is a living dilemma with which negotiators are currently grappling. This article strives to examine a timely facet of this multidimensional puzzle: how …
Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod
Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country’s military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection of the criminalization of migration, and its promotion of efforts to regularize undocumented migrants. Although the law itself is new, the values embedded in the law reflect recent trends in Brazilian immigration policy, which has embraced legalization, and has generally resisted the use of criminal law to punish …
User-Generated Evidence, Rebecca Hamilton
User-Generated Evidence, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Around the world, people are using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user-generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security; (ii) evidentiary bias; and (iii) fair trial rights. In the absence of safeguards, user-generated evidence may address current problems in international criminal justice at the cost of creating new ones and shifting existing problems from traditional actors, who have institutional backing, to individual users …
Exploring The Intersections Between International And Domestic Justice Efforts, Susana Sacouto
Exploring The Intersections Between International And Domestic Justice Efforts, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Building Prevention To Protect: The Inter-American Human Rights System, Diego Rodriguez-Pinzon
Building Prevention To Protect: The Inter-American Human Rights System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
State-Enabled Crimes, Rebecca Hamilton
State-Enabled Crimes, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
International crimes are committed by individuals, but many – from genocide in Rwanda to torture at Abu Ghraib – would not have occurred without the integral role played by the State. This dual contribution, of individual and State, is intrinsic to the commission of what I term “State-Enabled Crimes.” Viewing international adjudication through the rubric of State-Enabled Crimes highlights a feature of the international judicial architecture that is typically taken for granted: its bifurcated structure. Notwithstanding the deep interrelationship between individual and State in the commission of State-Enabled Crimes, the international legal system adjudicates the responsibility of each under two …
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Foreword, The Future Of International Criminal Justice, Claudio Grossman
Foreword, The Future Of International Criminal Justice, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
International criminal law attempts to sanction crimes that have a global nature and impact. After World War II, the international community came together to begin addressing important international issues, including preventing future war and non-war related atrocities and crimes. From the International Military Tribunals established in the wake of World War II to the world's first permanent International Criminal Court (ICC), a number of international bodies, treaties, and statutes have been formed in an effort to effectively administer criminal justice on an international level. Yet the administration and application of international criminal justice has faced significant hurdles and there are …
The Icc's Exit Problem, Rebecca Hamilton
The Icc's Exit Problem, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
The International Criminal Court (ICC) was never meant to supplant the domestic prosecution of international crimes. And yet the Court is now entering its second decade of operations in four African nations, with no plan for exit in sight. This Article identifies the looming need for the ICC to consider when and how to exit situations in which it is currently active. In addition to the normative concern that a failure to start planning for exit undercuts the Court’s placement within a system of complementarity, the need to consider exit is also driven by a financial imperative. The Court’s caseload …
Owning Justice And Reckoning With Its Complexity, Diane Orentlicher
Owning Justice And Reckoning With Its Complexity, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
A series of developments, both doctrinal and political, seem to signify a retreat from earlier innovations in the law and practice of international justice. On closer examination, however, recent developments in international justice cannot be reduced to a single trend line. Even as various actors and processes continue to work out the ground rules for exercising jurisdiction in respect of human rights violations that international law condemns as criminal, and as international and national courts work through the inherently challenging project of redressing mass atrocities, states have increasingly internalized, owned and acted on the principle that they should ensure accountability …
The Geography Of The Battlefield: A Framework For Detention And Targeting Outside The 'Hot' Conflict Zone, Jennifer Daskal
The Geography Of The Battlefield: A Framework For Detention And Targeting Outside The 'Hot' Conflict Zone, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
The U.S. conflict with al Qaeda raises a number of complicated and contested questions regarding the geographic scope of the battlefield and the related limits on the state’s authority to use lethal force and to detain without charge. To date, the legal and policy discussions on this issue have resulted in a heated and intractable debate. On the one hand, the United States and its supporters argue that the conflict — and broad detention and targeting authorities — extend to wherever the alleged enemy is found, subject to a series of malleable policy constraints. On the other hand, European allies, …
Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez
Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Session Five: Expert Panel On Fighting Impunity Remarks Of Professor Diane F. Orentlicher, Diane Orentlicher
Session Five: Expert Panel On Fighting Impunity Remarks Of Professor Diane F. Orentlicher, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
As the field of transitional justice has matured, we have a better appreciation of the fact that both the capacity and will of societies to address violations of the past may evolve signifiicantly, and in unforeseen ways, over time—sometimes over a long, long period. (One speaker this morning described how he was unable to come to terms with his own torture for 11 years— and then, pursuing justice became critical.) Thus, for example, prosecutions for past violations may not occur in the immediate aftermath of a transition from repression to democratic gover¬ nance; often they take place after the passage …
Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
'Accountability' As 'Legitimacy': Global Governance, Global Civil Society And The United Nations, Kenneth Anderson
'Accountability' As 'Legitimacy': Global Governance, Global Civil Society And The United Nations, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This essay is a contribution to a symposium on international NGO accountability. It distinguishes between "internal" accountability for NGOs (fiduciary standards, fiscal and internal governance controls, etc.) and "external" accountability (the legitimacy with which they act in the international world, and the legitimacy which they confer upon others, and why). The essay focuses upon the latter, external accountability, and argues that the transformation of international NGOs into "global civil society" signaled an ideological move with regards to legitimacy in the global community, one which asserted claims of "representativeness" and not merely interest or expertise. The essay criticizes this legitimacy move, …
The Rise Of International Criminal Law: Intended And Unintended Consequences, Kenneth Anderson
The Rise Of International Criminal Law: Intended And Unintended Consequences, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
The rise of international criminal law has been one of the remarkable features of international law since 1990. One of the less-explored questions of international criminal law is its social effects, within the international community and the community of public international law, in other parts and activities of international law. In particular, what are the effects of the rise of international criminal law and its emerging system of tribunals on the rest of the laws of armed conflict? What are the effects upon apparently unrelated aspects of humanitarian and human rights law? What are the effects upon other large systems …
The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary
The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson
The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This 2007 article (based around an invited conference talk at Wayne State in early 2007) addresses risk assessment and cost benefit analysis as mechanisms in counterterrorism policy. It argues that although policy is often best pursued by agreeing to set aside deep foundational differences, in order to obtain a strategic plan for an activity such as counterterrorism, foundational differences must be addressed in order that policy not merely devolve into a policy minimalism that is always and damagingly tactical, never strategic, in order to avoid domestic democratic political conflict. The article takes risk assessment in counterterrorism, using cost benefit analysis, …