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Full-Text Articles in Law
Getting Serious About An International Criminal Court, Michael P. Scharf
Getting Serious About An International Criminal Court, Michael P. Scharf
Faculty Publications
No abstract provided.
The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf
The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf
Faculty Publications
In 1989, the United Nations General Assembly proclaimed the 1990s to be "The Decade of International Law." Moreover, 1990, which witnessed both the devolution of the Cold War and the effective use of the United Nations to coalesce universal support for international action against Iraq for its invasion of Kuwait, was a year of renewed optimism for international institutions. It is therefore fitting that proposals for an international criminal court should, at this time, get a fresh look from the international legal community. Towards this end, in the words of the U.S. Representative to the United Nations Sixth (Legal) Committee …
Robert Mcnamara And The Art And Law Of Confession: ‘A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)’, Robert N. Strassfeld
Robert Mcnamara And The Art And Law Of Confession: ‘A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)’, Robert N. Strassfeld
Faculty Publications
This Article examines McNamara's "confession" and the public response to it within the context of an American tradition of confession in law and literature. Part I traces that tradition to the criminal conversion narratives and gallows speeches of colonial New England. Puritan society had clear expectations of what it took to make a good confession, and the Article identifies these rules for confession. It also examines the functions of confession in that society and argues that these confessions had several social consequences, including easing the consciences of those implicated in the criminal's punishment; bolstering civil and religious authority; warning the …
Swapping Amnesty For Peace: Was There A Duty To Prosecute International Crimes In Haiti?, Michael P. Scharf
Swapping Amnesty For Peace: Was There A Duty To Prosecute International Crimes In Haiti?, Michael P. Scharf
Faculty Publications
By examining the political realities of the Haiti situation and the applicable provisions of treaty and customary law, this Article seeks to assess whether the Haitian amnesty did indeed achieve "a proper mix." To this end, the Article begins with a description of the abuses reportedly committed by Haiti's military regime and the international community's attempts to restore the democratically-elected govemment to power. Next, it explores the policy arguments for and against amnesty as applied to the Haitian situation and analyzes the scope of both the Haitian amnesty law and President Aristide's amnesty decree. This section is followed by a …