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Beyond The Court Of Public Opinion: Military Commissions And The Reputational Pull Of Compliance Theory, Keith A. Petty
Beyond The Court Of Public Opinion: Military Commissions And The Reputational Pull Of Compliance Theory, Keith A. Petty
Keith A. Petty
The decision to prosecute the suspected co-conspirators of the 9/11 terrorist attacks in either federal court or by military tribunal has reached a critical juncture. Central to this debate is whether the military commissions are consistent with domestic and international standards of justice. Utilizing the analytical framework of compliance theory, this article discusses the U.S. reputation for compliance in the context of the revised military commissions.
A decidedly negative reputation of the military commissions contributed to policies to amend the tribunal process, culminating in the Military Commissions Act of 2009. This supports empirical findings that States are pulled toward compliance …
Criminalizing Force: Resolving The Threshold Question For The Crime Of Aggression In The Context Of Modern Conflict, Keith A. Petty
Criminalizing Force: Resolving The Threshold Question For The Crime Of Aggression In The Context Of Modern Conflict, Keith A. Petty
Keith A. Petty
The crime of aggression will soon become reality when the International Criminal Court adopts an operational definition to the Rome Statute in 2010. Criminalizing force in this manner will add to the body of law regulating the initiation of armed force – jus ad bellum. Regime elites and policy makers must ask which applications of force will fall within the jurisdictional parameters of this new offense. Will it apply to humanitarian intervention? Will the Prosecutor initiate an investigation into actions taken to combat terrorism? These issues are resolved by answering the threshold question for the crime of aggression.
The draft …
Sixty Years In The Making: The Definition Of Aggression For The International Criminal Court, Keith A. Petty
Sixty Years In The Making: The Definition Of Aggression For The International Criminal Court, Keith A. Petty
Keith A. Petty
The post war trials of axis war criminals marked the last time the crime of aggression was prosecuted. Today, the Special Working Group on the Crime of Aggression (SWG) is nearing agreement on a definition that will likely be adopted by the Assembly of States Parties to the International Criminal Court (ICC) – a prerequisite to the Court exercising jurisdiction over this offense. In spite of decades of work, several key issues must be resolved before the definition is finalized. These include: the level of involvement of the Security Council in determining when a State commits aggressive acts, and whether …