Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Human rights (3)
- Courts (2)
- Judicial review (2)
- Al Qaeda (1)
- Armed conflict (1)
-
- China (1)
- Consitutional rights (1)
- Council Law No. 10 (1)
- Crimes against Humanity (1)
- Detention (1)
- Enemy Combatant (1)
- Environmental hazards (1)
- Ex parte Milligan (1)
- Ex parte Quirin (1)
- Guantanamo (1)
- Habeas corpus (1)
- Hong Kong (1)
- Human rights violations (1)
- ICC (1)
- ICTR (1)
- ICTY (1)
- ILC (1)
- Immigration (1)
- International Criminal Court (1)
- International Criminal Tribunal for Rwanda (1)
- International Criminal Tribunal for the former Yugoslavia (1)
- International Law Commission (1)
- Judiciary (1)
- Jurisdiction (1)
- KKK (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar
From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar
San Diego International Law Journal
The purpose of this study is to examine the past and present contours of the prohibition of "crimes against humanity", analyzing and scrutinizing the essential elements of this crime, with a view to obtaining and drawing together basic criteria that could eventually guide the adjudication of this offence. Furthermore, this clarification of "crimes against humanity" is particularly timely with respect to the soon functioning International Criminal Court (ICC).
Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack
Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack
San Diego International Law Journal
This Article touches on the choice of whether to use the language and tools of war or the language and tools of law enforcement in responding to terrorism. The principal focus, however, is on the limited issue of judicial review and military detentions. The Article reviews the case law created on this subject during the Civil War and World War II. Historical considerations are found by the author to be relevant and helpful in solving the incoherency of current legal responses to terrorism. For instance, indefinite military detention is not coherent with either the international law concept of violations of …
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
San Diego International Law Journal
This Comment will address the unique dilemma of individuals in Kazakhstan whose health has been compromised by the former Soviet Union's 40-year period of nuclear testing on what is now Kazakhstan soil. The principal legal analysis of this Comment will focus on the availability of remedies (in the form of monetary damages available through legal resolution) to the citizens and/or state of Kazakhstan, and potential judicial forums in which to seek those remedies. Particular attention will be paid to the comparative likelihood of successful remedial legal action if pursued by a private class of Kazakhstan citizens versus action pursued by …
Hong Kong Right Of Abode: Ng Siu Tung & (And) Others V. Director Of Immigration - Constitutional And Human Rights At The Mercy Of China, Teresa Martin
Hong Kong Right Of Abode: Ng Siu Tung & (And) Others V. Director Of Immigration - Constitutional And Human Rights At The Mercy Of China, Teresa Martin
San Diego International Law Journal
This Comment argues that the Court's refusal to sidestep the Standing Committee's reinterpretation using either the Doctrine of Legitimate Expectation, or the judgments previously rendered clause in the Basic Law, signifies its capitulation to the Standing Committee, and its inability to protect constitutional rights and/or human rights in Hong Kong. This Comment will first give a brief background on the concept of one country, two systems and the drafting of the basic law. Second, it will introduce the Right of Abode cases, and explain the constitutional crisis of 1999. Third, it analyzes Ng Siu Tung & Others v. Director of …