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Meta-Theory Of International Criminal Procedure: Vindicating The Rule Of Law, Jens David Ohlin
Meta-Theory Of International Criminal Procedure: Vindicating The Rule Of Law, Jens David Ohlin
Jens David Ohlin
International criminal procedure is in a second phase of development, moving beyond the common law/civil law dichotomy and searching for its sui generis theory. The standard line is that international criminal procedure has an instrumental value: it services the general goals of international criminal justice and allows punishment for violations of substantive international criminal law. However, international criminal procedure also has an important and often overlooked intrinsic value not reducible to its instrumental value: it vindicates the Rule of Law. This vindication is performed by adjudicating allegations of criminal violations that occurred during periods of anarchy characterized by the absence …
The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber Is Sheep's Clothing, Mark A. Summers
The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber Is Sheep's Clothing, Mark A. Summers
Faculty Scholarship
No abstract provided.
Should Domestic Courts Prosecute Genocide? Examining The Trial Of Efrain Rios Montt, Jillian Blake
Should Domestic Courts Prosecute Genocide? Examining The Trial Of Efrain Rios Montt, Jillian Blake
Jillian Blake
In a highly publicized 2013 case, Efraín Ríos Montt, the de facto leader of Guatemala from 1982–1983, was ordered to stand trial for genocide in Guatemala for the deaths of at least 1771 Ixil Mayan people during the most violent period of the country’s thirty-six-year-long civil war. The trial was historic; Ríos Montt became the first former head of state to be tried for genocide in his home country. This Article, using the Guatemalan trial as an example, asks: should domestic courts prosecute genocide? The Article argues that domestic prosecution of genocide is not inherently negative or positive, but could …
Litigating For Justice: Defense Work At The International Criminal Tribunal For Rwanda (Ictr), Beth S. Lyons
Litigating For Justice: Defense Work At The International Criminal Tribunal For Rwanda (Ictr), Beth S. Lyons
Beth S. Lyons
Fair trial issues are usually a key part of any defense strategy – at trial or on appeal – but they serve an additional function at the international tribunals. They provide a “lever” for finding the truth. Fair trial guarantees – such as full disclosure of exculpatory material and other principles - make for truth telling; and they mitigate against the writing/re-writing history through judgments. Where there are fair trial violations, the likelihood of an accurate historical account, based on the evidence, is virtually non-existent. Hence, the struggle for fairness is a struggle for the truths.
The Darfur Name Game: Use Of Realpolitik By The United Nations In Decision-Making And Intervention, Angela Overton
The Darfur Name Game: Use Of Realpolitik By The United Nations In Decision-Making And Intervention, Angela Overton
Sociology & Criminal Justice Theses & Dissertations
Violence has plagued the westernmost region of Sudan, known as Darfur, since 2003. The conflict contains elements of political and ethnic divisiveness, desertification, and resource scarcity. The violence there continues to date. Many have declared genocide in Darfur while others maintain that the conflict is instead a crime against humanity. The labeling of the conflict is critical because this process determines the interventions available. This paper focuses on the decision-making process of the United Nations and its Security Council to determine if the labeling of the conflict impacted the discourse and intervention decisions by those bodies. Discourse analysis results indicate …