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The International Law Commission's First Draft Convention On Crimes Against Humanity: Codification, Progressive Development, Or Both?, Charles C. Jalloh
The International Law Commission's First Draft Convention On Crimes Against Humanity: Codification, Progressive Development, Or Both?, Charles C. Jalloh
Case Western Reserve Journal of International Law
"It is submitted that, if the General Assembly takes forward the ILC’s draft text to conclude a new crimes against humanity treaty after the second reading, this will make a significant contribution to the development of modern international criminal law."
Prosecuting Starvation Crimes In Yemen's Civil War, Laura Graham
Prosecuting Starvation Crimes In Yemen's Civil War, Laura Graham
Case Western Reserve Journal of International Law
"This article will discuss whether the responsible parties for starvation in Yemen can be prosecuted under international criminal law (ICL) or international humanitarian law (IHL) for war crimes or crimes against humanity (CAH)."
Attacks Against Cultural Heritage As A Crime Against Humanity, Yaron Gottlieb
Attacks Against Cultural Heritage As A Crime Against Humanity, Yaron Gottlieb
Case Western Reserve Journal of International Law
"The article begins with a brief overview of the contemporary international criminal law regime governing attacks against cultural heritage. It continues by identifying the main legal gaps as well as additional considerations that support the introduction of a distinct crime against humanity in the Draft Convention’s list of crime. The article then defines the proposed new crime and analyzes the crime’s elements including a definition of cultural heritage for the purpose of the Draft Convention."
The Third Wave -- Accountability For International Crimes In An Age Of Extremes, David M. Crane
The Third Wave -- Accountability For International Crimes In An Age Of Extremes, David M. Crane
Case Western Reserve Journal of International Law
"We have come too far and have accomplished too much together to step away from accountability. The rule of law in a robust human rights paradigm keeps the world stable. In some ways, the great gyroscope balances a world in an age of extremes. We must never take our eyes off the horizon of hope, peace, and the law. We should support and encourage the efforts by many in this Third Wave of accountability." (first of three concluding thoughts)
Atrocities By Corporate Actors: A Historical Perspective, Michael J. Kelly
Atrocities By Corporate Actors: A Historical Perspective, Michael J. Kelly
Case Western Reserve Journal of International Law
The article focuses on developments in international criminal law in addressing corporate human rights violations.
Liberals Vs Romantics: Challenges Of An Emerging Corporate International Criminal Law, Carsten Stahn
Liberals Vs Romantics: Challenges Of An Emerging Corporate International Criminal Law, Carsten Stahn
Case Western Reserve Journal of International Law
Holding bystanders and corporate agents accountable for international crimes is often at the periphery of international criminal justice. Based on its liberal foundations, international criminal law has traditionally been strongly centered on individual agency. In the industrialist cases after World War II, individual criminal responsibility was used to demonstrate and sanction corporate involvement in crime. Ideas of corporate criminal responsibility have been voiced in the post-war era and in the context of the negotiations of the Statute. In recent years, they have witnessed a renaissance in several contexts: the jurisprudence of the Special Tribunal for Lebanon, the Malabo Protocol of …
Foreword: Corporations On Trial For Human Rights Violations, Michael P. Scharf, Brooke Tyus
Foreword: Corporations On Trial For Human Rights Violations, Michael P. Scharf, Brooke Tyus
Case Western Reserve Journal of International Law
An introduction to the journal is presented.
The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale
The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale
Case Western Reserve Journal of International Law
The article focuses on uses Alien Tort Statute as a vehicle for litigating human rights abuses in both civil and criminal prosecutions in the U.S. Topics discussed include developments in International Criminal Law in addressing human rights violations; judicial attitudes that could affect the interpretation of the Trafficking Victim Protection Act; and Sosa v. Alvarez-Machain court case on the same.
Keynote Address: Is The Presumption Of Corporate Impunity Dead?, Ambassador David Scheffer
Keynote Address: Is The Presumption Of Corporate Impunity Dead?, Ambassador David Scheffer
Case Western Reserve Journal of International Law
No abstract provided.
Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul R. Williams, Christin Coster
Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul R. Williams, Christin Coster
Case Western Reserve Journal of International Law
For decades, parties to conflicts have used the cover of war to destroy and loot cultural property and antiquities for financial gain and symbolic victory. The "blood antiquities" excavated in conflict areas and sold mostly in western markets fuel not only continued conflict, but also (as in cases such as Syria and Iraq) terrorism that can reach around the world. The culture of impunity for both buyers and sellers of antiquities allows the blood-antiquities trade to thrive. A robust international legal framework does exist to ensure accountability for the destruction of cultural heritage. Because looting is a major cause of …
Al Mahdi Has Been Convicted Of A Crime He Did Not Commit, William Schabas
Al Mahdi Has Been Convicted Of A Crime He Did Not Commit, William Schabas
Case Western Reserve Journal of International Law
A closer look at the Rome Statute suggests that Al Mahdi did not commit the crime for which he was convicted.
The Icc's Role In Combatting The Destruction Of Cultural Heritage, Mark S. Ellis
The Icc's Role In Combatting The Destruction Of Cultural Heritage, Mark S. Ellis
Case Western Reserve Journal of International Law
However, the case’s firm grounding in international law, and the clear connection between a category of cultural-property crimes and attempts at cultural erasure, challenges the notion that these are second-rate crimes. The case reinforces the legal principle that attacks on culture, like attacks against people, constitute war crimes subject to international criminal prosecution. The Al Mahdi case will be significant in determining how the international community should best deal with such abhorrent attacks in the future.
Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio
Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio
Case Western Reserve Journal of International Law
Ahmad Al Faqi Al Mahdi, also known as Abon Tourab, was a member of the radical Islamic group Ansar Eddine, serving as one of four commanders during its brutal occupation of Timbuktu in 2012. The International Criminal Court (ICC) indicted Al Mahdi on several charges of war crimes, for intentional attacks against ten religious and historic buildings and monuments. All the buildings which Al Mahdi was charged with attacking had been under UNESCO protection, and most had been listed as world heritage sites. The case against Al Mahdi at the ICC unfolded relatively quickly and efficiently, from the official Malian …
Criminally Disproportionate Warfare: Aggression As A Contextual War Crime, Rachel E. Vanlandingham
Criminally Disproportionate Warfare: Aggression As A Contextual War Crime, Rachel E. Vanlandingham
Case Western Reserve Journal of International Law
International law has long recognized the general principle that an illegal act cannot produce legal rights. Yet, this principle of ex injuria jus non oritur is seemingly ignored in the uneasy relationship between the two international legal regimes most associated with war. A head of State can, for example, violate international law regulating the resort to armed force by ordering his military forces to illegally invade another country, yet he, through his military forces, simultaneously and subsequently benefits on the battlefield from the application of the separate body of international law regulating the actual conduct of war. The paradoxical benefit …
Public Enemy: The Public Element Of Direct And Public Incitement To Commit Genocide, Brendan Saslow
Public Enemy: The Public Element Of Direct And Public Incitement To Commit Genocide, Brendan Saslow
Case Western Reserve Journal of International Law
Direct and public incitement to commit genocide has been an international crime since the 1940s. The public element plays a role in each international incitement case, yet many scholars consider it straightforward and unworthy of attention. This article seeks to analyze jurisprudence, primarily developed at the International Criminal Tribunal for Rwanda, on how to determine whether inciting to commit genocide is public. This element is most problematic in cases involving speech through broadcast media such as television and radio. Moreover if ICTR case law informs future international criminal proceedings it may be an issue in a future genocide that involves …
Inter-National Justice For Them Or Global Justice For Us?: The U.S. As A Supranational Justice Donor, Margaret M. Deguzman
Inter-National Justice For Them Or Global Justice For Us?: The U.S. As A Supranational Justice Donor, Margaret M. Deguzman
Case Western Reserve Journal of International Law
U.S. policy concerning international justice, particularly at the ICC, involves case-by-case support when such support is in U.S. national interests. This policy signals that the U.S. considers itself a supranational justice donor rather than a member of a global justice community committed to enforcing shared values. This approach to international criminal justice both inhibits global justice efforts and undermines the U.S. claim to global moral leadership. The next U.S. administration should assert full membership in the global justice community by joining the ICC and providing unequivocal support for all efforts to address serious international crimes.
Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz
Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz
Case Western Reserve Journal of International Law
At the 2015 Annual Meeting of the American Society of International Law, a U.S. policy statement on the crime of aggression was presented as part of a panel entitled "The ICC Crime of Aggression and the Changing International Security Landscape." This article examines current U.S. policy on the crime of aggression, highlighting the historic role that the U.S. played in establishing aggression as an international crime after World War II, and concludes that activation of ICC jurisdiction over the crime of aggression would be a significant step forward in the development of international law.
Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris
Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris
Case Western Reserve Journal of International Law
War has forever been considered the utmost necessary evil. Nevertheless, international law has for some time sought to limit the right to wage war (jus ad bellum), as well as the means and methods employed amid war (jus in bello). Although these two branches of law now share humanitarian purposes the prevention of war and its effects -- they have generally been kept separate throughout history. However, confronted with widespread violations of jus in bello, resulting in appalling humanitarian disasters, some have suggested amending their relationship. This was notably sought at the Nuremberg Trials, where prosecutors failed to contend that …
The Fission And Fusion In International Use Of Force: Relating Unlawful Use Of Force And The War Crime Of Disproportionate Force Not Justified By Miitary Necessity, Mbori Otieno, Emmah Wabuke, Smith Otieno
The Fission And Fusion In International Use Of Force: Relating Unlawful Use Of Force And The War Crime Of Disproportionate Force Not Justified By Miitary Necessity, Mbori Otieno, Emmah Wabuke, Smith Otieno
Case Western Reserve Journal of International Law
Jus ad bellum and jus in bello are not disparate in operation. There are several points of intersection in the two concepts, commencing with the context in which they apply, and further, in their interpretation of the general principles of proportionality and necessity. Although proportionality connotes divergent theoretical notions depending on the backdrop against which it is set, in practice, these notions are often fused together. However, points of fission (divergence) still persist. The best example of which is in the context of 'The Crime of Disproportionate Use of Force' where the difference between the two notions of 'proportionality' can …
A War Crimes Tribunal For Sri Lanka? Examining The Options Under International Law, Nihal Jayasinghe, Daley J. Birkett
A War Crimes Tribunal For Sri Lanka? Examining The Options Under International Law, Nihal Jayasinghe, Daley J. Birkett
Case Western Reserve Journal of International Law
No abstract provided.
72 Years Later: Still Seeking Accountability For The Katyn Forest Massacre, Allan Gerson
72 Years Later: Still Seeking Accountability For The Katyn Forest Massacre, Allan Gerson
Case Western Reserve Journal of International Law
No abstract provided.
Preventing Mass Atrocity Crimes: The Responsibility To Protect And The Syria Crisis, Paul R. Williams, Jonathan Worboys, J. Trevor Ulbrick
Preventing Mass Atrocity Crimes: The Responsibility To Protect And The Syria Crisis, Paul R. Williams, Jonathan Worboys, J. Trevor Ulbrick
Case Western Reserve Journal of International Law
No abstract provided.
Reflections From The International Criminal Court Prosecutor, Fatou Bensouda
Reflections From The International Criminal Court Prosecutor, Fatou Bensouda
Case Western Reserve Journal of International Law
No abstract provided.
The Reach And The Grasp Of International Criminal Justice – How Do We Lengthen The Arm Of The Law?, Stephen J. Rapp Amb.
The Reach And The Grasp Of International Criminal Justice – How Do We Lengthen The Arm Of The Law?, Stephen J. Rapp Amb.
Case Western Reserve Journal of International Law
No abstract provided.
Tipping The Scale: Is The Special Tribunal For Lebanon International Enough To Override State Official Immunity, Heather Noel Doherty (Ludwig)
Tipping The Scale: Is The Special Tribunal For Lebanon International Enough To Override State Official Immunity, Heather Noel Doherty (Ludwig)
Case Western Reserve Journal of International Law
No abstract provided.
Carl Schmitt And The Critique Of Lawfare, David Luban
Carl Schmitt And The Critique Of Lawfare, David Luban
Case Western Reserve Journal of International Law
No abstract provided.
The Push To Criminalize Aggression: Something Lost Amid The Gains, Mark A. Drumbl
The Push To Criminalize Aggression: Something Lost Amid The Gains, Mark A. Drumbl
Case Western Reserve Journal of International Law
No abstract provided.
Criminalizing Humanitarian Intervention, Sean D. Murphy
Criminalizing Humanitarian Intervention, Sean D. Murphy
Case Western Reserve Journal of International Law
No abstract provided.
Truth Commissions: Between Impunity And Prosecution, Thomas Buergenthal Hon.
Truth Commissions: Between Impunity And Prosecution, Thomas Buergenthal Hon.
Case Western Reserve Journal of International Law
No abstract provided.
Breaking The Silence: Rape As An International Crime, Mark Ellis
Breaking The Silence: Rape As An International Crime, Mark Ellis
Case Western Reserve Journal of International Law
No abstract provided.