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Full-Text Articles in Law
Israel, Palestine And The Icc., Maria Isidora Thomas
Israel, Palestine And The Icc., Maria Isidora Thomas
Maria A Thomas Mrs
Academic Research with Professor Maximo Langer about the recent incorporation of Palestine to the ICC and the possible effects on its relations with Israel and the ongoing conflict.
Accountability For “Crimes Against The Laws Of Humanity In Boxer China: The Experiment With International Justice At Paoting-Fu, Benjamin E. Brockman-Hawe
Accountability For “Crimes Against The Laws Of Humanity In Boxer China: The Experiment With International Justice At Paoting-Fu, Benjamin E. Brockman-Hawe
Benjamin E. Brockman-Hawe
This paper covers a significant but generally unknown and understudied caesure in the development of international criminal law occurred during the Boxer Rebellion, an anti-Western and anti‑Christian peasant insurgency mostly located in Northeast China. During the early stages of the Chinese intervention, at a time when the relief force was still bogged down in Beijing, approximately seventy Christians were gruesomely murdered in Paoting-fu. Securing and “punishing” the city became a priority for Western military forces, who began the necessary short march southward once Beijing’s Legation Quarter was cleared of Boxers. The Poating-fu operation could have taken the form of the …
Should Mere Direct Participation In Hostilities Be Treated As A War Crime?, Andrea Harrison
Should Mere Direct Participation In Hostilities Be Treated As A War Crime?, Andrea Harrison
Andrea Harrison
This article attempts to argue that acts that constitute mere direct participation in hostilities during armed conflict should not be treated as war crimes, but rather should be criminalized domestically, or addressed through amnesties when appropriate. In order to support this argument, the author looks at both International Humanitarian Law (IHL) and International Criminal Law (ICL) and their respective treatment of direct participation in hostilities. The author then examines offenses within the 2009 Military Commissions Act which would normally be deemed as mere participation in hostilities and compares these to offenses normally found under international law. Finally, the author explains …