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The International Criminal Tribunal For Rwanda, Robert D. Sloane
The International Criminal Tribunal For Rwanda, Robert D. Sloane
Faculty Scholarship
This essay appears as the ninth chapter of The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Chiara Giorgetti ed., Brill, 2012). It covers the origin, establishment, organization, jurisdiction, and procedures of the International Criminal Tribunal for Rwanda (ICTR). It then explains and analyzes a selection of the ICTR’s significant contributions to international criminal jurisprudence, covering, in particular, the Akayesu; Kayishema & Ruzindana; Nahimana, Barayagwiza & Ngeze (“The Media Case”); and Baglishema cases. The issues therefore include, among others, specific intent in the definition of genocide, rape as a modality of genocide, jurisdiction to prosecute violations of Additional Protocol …
Attribution Of Criminal Liability A Critical Comparison Of The Us Doctrine Of Conspiracy And The Icty Doctrine Of Joint Criminal Enterprise From An American Perspective, Mark A. Summers
Faculty Scholarship
No abstract provided.
Intervention To Stop Genocide And Mass Atrocities: International Norms And U.S. Policy, Matthew C. Waxman
Intervention To Stop Genocide And Mass Atrocities: International Norms And U.S. Policy, Matthew C. Waxman
Faculty Scholarship
The collective international failure to stop genocidal violence and resulting humanitarian catastrophe in Sudan prompts the familiar question of whether the United States or, more broadly, the international community has the political will and capabilities necessary to deter or stop mass atrocities. It is well understood that mobilizing domestic and international political support as well as leveraging diplomatic, economic, and maybe even military tools are necessary to stop mass atrocities, though they may not always be enough. Other studies have focused, therefore, on what steps the United States and its international partners could take to build capabilities of the sort …
Sentencing For The 'Crime Of Crimes': The Evolving 'Common Law' Of Sentencing Of The International Criminal Tribunal For Rwanda, Robert D. Sloane
Sentencing For The 'Crime Of Crimes': The Evolving 'Common Law' Of Sentencing Of The International Criminal Tribunal For Rwanda, Robert D. Sloane
Faculty Scholarship
Absent much prescriptive guidance in its Statute or other positive law, the International Criminal Tribunal for Rwanda (ICTR) has been developing, in effect, a 'common law' of sentencing for the most serious international crimes: genocide and crimes against humanity. While it remains, as the Appeals Chamber has said, premature to speak of an emerging 'penal regime', and the coherence in sentencing practice that this denotes, this comment offers some preliminary reflections on the substantive law and process of sentencing as it has evolved through ICTR practice. Above all, I argue, sentencing must, but has not yet, become an integral part …
Ecocide And Genocide In Iraq: International Law, The Marsh Arabs, And Environmental Damage In Non-International Conflicts, Aaron Schwabach
Ecocide And Genocide In Iraq: International Law, The Marsh Arabs, And Environmental Damage In Non-International Conflicts, Aaron Schwabach
Faculty Scholarship
No abstract provided.
Genocide Politics And Policy: Conference Remarks, Madeline Morris
Genocide Politics And Policy: Conference Remarks, Madeline Morris
Faculty Scholarship
No abstract provided.
The Legality Of The Nato Bombing Operation In The Federal Republic Of Yugoslavia, Aaron Schwabach
The Legality Of The Nato Bombing Operation In The Federal Republic Of Yugoslavia, Aaron Schwabach
Faculty Scholarship
No abstract provided.
Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris
Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris
Faculty Scholarship
No abstract provided.
Sovereignty, Judicial Assistance And Protection Of Human Rights In International Criminal Tribunals, Kenneth S. Gallant
Sovereignty, Judicial Assistance And Protection Of Human Rights In International Criminal Tribunals, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline Morris
Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline Morris
Faculty Scholarship
During three months in 1994, genocide was committed in Rwanda. Two years after those events, and notwithstanding efforts at both national and international levels to bring the perpetrators to justice, the first case has yet to go to trial. Over the past months, I have worked closely with the government of Rwanda on justice issues in the course of a research project that I am doing on the role of national and international tribunals in the former Yugoslavia, Ethiopia, and Rwanda. I would like to share with you some observations arising from that work. I will examine the approaches to …
Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo
Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo
Faculty Scholarship
No abstract provided.