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International Enforcement In Non-International Armed Conflict: Searching For Synergy Among Legal Regimes In The Case Of Libya, John Cerone
International Law Studies
No abstract provided.
The Icc Against Entrenching Impunity: The African Tenth Anniversary View’, Lucky Michael Mgimba Mr.
The Icc Against Entrenching Impunity: The African Tenth Anniversary View’, Lucky Michael Mgimba Mr.
Lucky Michael Mgimba
For most of the 20th century the International legal community with Africa Inclusive worked towards the creation of a permanent international criminal court. Upon which the goal of establishing a permanent institution to prosecute the most egregious violations of international criminal law culminated with the formation of the International criminal Court (ICC). As it enters its Tenth anniversary, the ICC vested with the power to prosecute the four categories of offences: the crime of Genocide, Crimes against Humanity, War Crimes, and the Crime of Aggression which are in essence the most serious crimes of international concern was indeed a reverie …
Mapping Expansive Uses Of Human Dignity In International Criminal Law, J.Benton Heath
Mapping Expansive Uses Of Human Dignity In International Criminal Law, J.Benton Heath
J.Benton Heath
International criminal law (ICL) makes frequent reference to the concept of human dignity, which also plays a central role in human rights law. While many of these invocations occur in the context of torture and cruel treatment, a handful of cases have used human dignity more expansively to justify punishment for hate speech and other crimes. In this chapter, I argue that such expansive invocations of human dignity fill gaps in substantive criminal law, motivate tribunals toward broad interpretations of the law, may serve to 'trump' competing claims, and provide an argument for overcoming strict applications of the principle of …
Superior Responsibility, René Värk
Delegitimizing Aggression: First Steps And False Starts After The First World War, Kirsten Sellars Dr
Delegitimizing Aggression: First Steps And False Starts After The First World War, Kirsten Sellars Dr
Dr Kirsten Sellars
The interwar years marked the movement in international law towards the prohibition of aggressive war. Yet a notable feature of the 1920s and 1930s, despite suggestions to the contrary at the Nuremberg and Tokyo tribunals, was the absence of legal milestones marking the advance towards the criminalization of aggression. Lloyd George’s proposal to arraign the ex-Kaiser for starting the First World War came to nothing. Resolutions mentioning the ‘international crime’ of aggression, such as the draft Treaty for Mutual Assistance and the Geneva Protocol, were never ratified. And the Kellogg-Briand Pact, while renouncing war ‘as an instrument of national policy’, …
Universal Jurisdiction And The Crime Of Aggression, Michael P. Scharf
Universal Jurisdiction And The Crime Of Aggression, Michael P. Scharf
Faculty Publications
In June 2010 in Kampala, Uganda, the states that are party to the Statute of the International Criminal Court agreed to amend the ICC Statute to add the crime of aggression to the Court's jurisdiction. One of the key compromises that made this possible was the adoption of a U.S.-proposed “understanding” which provided that the aggression amendment should not be interpreted as creating a right for national courts to prosecute the crime of aggression under universal jurisdiction. If, however, national courts already possess the right to do so under customary international law, stemming from the Nuremberg precedent, then the understanding …
Theorising Global Governance Inside-Out: A Reply To Professor Ladeur, Sujith Xavier
Theorising Global Governance Inside-Out: A Reply To Professor Ladeur, Sujith Xavier
Law Publications
Professor Ladeur argues that administrative law’s postmodernism (and by extension Global Administrative Law) necessitates that we move beyond relying on ideas of delegation, accountability and legitimacy. Global Governance, particularly Global Administrative Law and Global Constitutionalism, should try to adapt and experiment with the changing nature of the postmodern legality and support the creation of norms that will adapt to the complexities of globalization. Ladeur’s contestation, similar to GAL’s propositions, can be challenged. By taking the International Criminal Tribunal for Rwanda, a significant contributor to the field of international criminal law as an example, it is suggested that the creation of …