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Articles 1 - 16 of 16
Full-Text Articles in Law
Applying The Death Penalty To Crimes Of Genocide, Jens David Ohlin
Applying The Death Penalty To Crimes Of Genocide, Jens David Ohlin
Jens David Ohlin
No abstract provided.
Balancing “Aggression” And Compassion In International Law: The Crime Of Aggression And Humanitarian Intervention, Alexander H. Mccabe
Balancing “Aggression” And Compassion In International Law: The Crime Of Aggression And Humanitarian Intervention, Alexander H. Mccabe
Fordham Law Review
There is a problematic overlap between bona fide humanitarian intervention and the crime of aggression. Under international law, the crime of aggression is defined so vaguely that it potentially could be applied to try leaders who seek to stop documented mass atrocities with armed force. This Note seeks a resolution to that overlap: a path that would allow those who would plan and engage in bona fide humanitarian intervention to be exempt from prosecution for aggression. The Note first examines the genealogy of the crime of aggression. It then analyzes several possible solutions to policing aggression without unduly deterring humanitarian …
Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance
Pepperdine Dispute Resolution Law Journal
This article offers information on the history, development and significance of the adoption and implementation of the alternative dispute resolution (ADR) techniques in Nicaragua and Rwanda. The ADR system addresses the issues of women and children suffering from domestic abuse and from the repercussions of the Rwandan Genocide and helps in rebuilding and restoring traditional values of family and community in the context of human rights.
"Disillusioned Words Like Bullets Bark": Incitement To Genocide, Music, And The Trial Of Simon Bikindi, Robert H. Snyder
"Disillusioned Words Like Bullets Bark": Incitement To Genocide, Music, And The Trial Of Simon Bikindi, Robert H. Snyder
Georgia Journal of International & Comparative Law
No abstract provided.
Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani
Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani
Georgia Journal of International & Comparative Law
No abstract provided.
When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic
When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic
Georgia Journal of International & Comparative Law
No abstract provided.
She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
Mark A. Drumbl
In the nearly twenty years since 1994, the international community and the Rwandan government have pushed to hold individual perpetrators accountable for the genocide. Judicialization has occurred at multiple levels. Over ninety persons-those deemed most responsible-have been indicted by the International Criminal Tribunal for Rwanda (ICTR), an ad hoc institution established by the U.N. Security Council in November 1994. Approximately ten thousand individuals have been prosecuted in specialized chambers of national courts in Rwanda. According to the Rwandan government, nearly two million people have faced neo-traditional gacaca proceedings conducted by elected lay judges throughout the country. Gacaca proceedings concluded in …
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Touro Law Review
No abstract provided.
Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, Carolyn Helen Filteau
Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, Carolyn Helen Filteau
PhD Dissertations
The dissertation involves a study of the emerging international norm of ‘The Responsibility to Protect’ which states that citizens must be protected in cases of human atrocities, war crimes, ethnic cleansing and genocide where states have failed or are unable to do so. According to the work of the International Commission on the Responsibility to Protect (ICISS), this response can and should span a continuum involving prevention, a response to the violence, when and if necessary, and ultimately rebuilding shattered societies. The most controversial aspect, however, is that of forceful intervention and much of the thesis focuses on this aspect. …
Mediation As The Key To The Successful Transfer Of The Case Of Jean-Bosco Uwinkindi From The Jurisdiction Of The Ictr To The Republic Of Rwanda, Taylor Friedlander
Mediation As The Key To The Successful Transfer Of The Case Of Jean-Bosco Uwinkindi From The Jurisdiction Of The Ictr To The Republic Of Rwanda, Taylor Friedlander
Pepperdine Dispute Resolution Law Journal
The article discusses on the history of the Rwanda Genocide of 1994 and the International Criminal Tribunal for Rwanda (ICTR) and different systems of justice that should be involved in prosecuting Jean Bosco Uwinkindi, the suspect of the mass killing at the Rwanda Genocide. It also mentions that three separate processes undertaken in Uwinkindi's gacaca court hearings, including truth-telling, truth-hearing, and truth-shaping.
Destroying The Legacy Of The Icty: Analysis Of The Acquittals Of Jovica Stanišic And Franko Simatović, Katherine Pruitt
Destroying The Legacy Of The Icty: Analysis Of The Acquittals Of Jovica Stanišic And Franko Simatović, Katherine Pruitt
San Diego International Law Journal
In a 2005 press release by the International Criminal Tribunal for the Former Yugoslavia (“ICTY”), Chief Prosecutor Carla Del Ponte stated “[t]he debate on war crimes in the former Yugoslavia is not subsiding. It is present in the daily life and media, and always politicised . . . I am much more concerned about the victims of war crimes and their families, and I appeal to you to make the victim aspect of any legal process a priority.” Despite this stated dedication to war crimes victims and their families, the ICTY’s Trial Chamber (“Chamber”) recently acquitted two state security officials …
Should Domestic Courts Prosecute Genocide? Examining The Trial Of Efrain Rios Montt, Jillian Blake
Should Domestic Courts Prosecute Genocide? Examining The Trial Of Efrain Rios Montt, Jillian Blake
Jillian Blake
In a highly publicized 2013 case, Efraín Ríos Montt, the de facto leader of Guatemala from 1982–1983, was ordered to stand trial for genocide in Guatemala for the deaths of at least 1771 Ixil Mayan people during the most violent period of the country’s thirty-six-year-long civil war. The trial was historic; Ríos Montt became the first former head of state to be tried for genocide in his home country. This Article, using the Guatemalan trial as an example, asks: should domestic courts prosecute genocide? The Article argues that domestic prosecution of genocide is not inherently negative or positive, but could …
Restoration Of Historical Memory And Dignity For Victims Of The Armenian Genocide: A Human Rights Law Approach To Effective Reparations, Richard Wilson
Restoration Of Historical Memory And Dignity For Victims Of The Armenian Genocide: A Human Rights Law Approach To Effective Reparations, Richard Wilson
Articles in Law Reviews & Other Academic Journals
This article argues that United Nations human rights principles and new developments in the Inter-American Commission on Human Rights and the European Court of Human Rights suggest a route to provide effective reparation through restoration of historical memory and dignity for victims of the Armenian Genocide.
Children, Armed Conflict, And Genocide: Applying The Law Of Genocide To The Recruitment And Use Of Children In Armed Conflict, Jeffery R. Ray
Children, Armed Conflict, And Genocide: Applying The Law Of Genocide To The Recruitment And Use Of Children In Armed Conflict, Jeffery R. Ray
Barry Law Review
This paper shows that the use of child soldiers in armed conflict has the potential to be considered as genocide. A brief background of genocide is presented prior to the analysis. Part I of the analysis will discuss three issues: first, the modern understanding of genocide and the substantive areas of law that govern it; second, the definition of “child” within the international arena as it relates to child soldiering; third, a discussion to determine if children can constitute a “group” in the context of the law of genocide.
Part II provides a discussion elaborating on Part I, then analyzes …
Children, Armed Conflict, And Genocide: Applying The Law Of Genocide To The Recruitment And Use Of Children In Armed Conflict, Jeffery R. Ray
Children, Armed Conflict, And Genocide: Applying The Law Of Genocide To The Recruitment And Use Of Children In Armed Conflict, Jeffery R. Ray
Jeffery R Ray
This paper shows that the use of child soldiers in armed conflict has the potential to be considered as genocide. A brief background of genocide is presented prior to the analysis. Part I, of the analysis, will discuss three issues: First, the modern understanding of genocide and the substantive areas of law that govern it; Second, the definition of ‘child’ within the international arena as it relates to child soldering; Third, a discussion to determine if children can constitute a ‘group’ in the context of the law of genocide. Part II provides a discussion elaborating on Part I then analyzing …
Restoration Of Historical Memory And Dignity For Victims Of The Armenian Genocide: A Human Rights Law Approach To Effective Reparations, Richard J. Wilson
Restoration Of Historical Memory And Dignity For Victims Of The Armenian Genocide: A Human Rights Law Approach To Effective Reparations, Richard J. Wilson
Richard J. Wilson