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- International Law Studies (33)
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Articles 31 - 60 of 75
Full-Text Articles in Law
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 …
Litigating For Justice: Defense Work At The International Criminal Tribunal For Rwanda (Ictr), Beth S. Lyons
Litigating For Justice: Defense Work At The International Criminal Tribunal For Rwanda (Ictr), Beth S. Lyons
Beth S. Lyons
Fair trial issues are usually a key part of any defense strategy – at trial or on appeal – but they serve an additional function at the international tribunals. They provide a “lever” for finding the truth. Fair trial guarantees – such as full disclosure of exculpatory material and other principles - make for truth telling; and they mitigate against the writing/re-writing history through judgments. Where there are fair trial violations, the likelihood of an accurate historical account, based on the evidence, is virtually non-existent. Hence, the struggle for fairness is a struggle for the truths.
The Syrian Crisis And The Principle Of Non-Refoulement, Mike Sanderson
The Syrian Crisis And The Principle Of Non-Refoulement, Mike Sanderson
International Law Studies
No abstract provided.
Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen
Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen
International Law Studies
No abstract provided.
The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
International Law Studies
No abstract provided.
International Criminal Justice, The Gotovina Judgment And The Making Of Refugees, Gregor Noll, Rosemary Byrne
International Criminal Justice, The Gotovina Judgment And The Making Of Refugees, Gregor Noll, Rosemary Byrne
Gregor Noll
In this paper, we shall present two interlocking arguments, both drawing on a distinction between formal and substantive models of justice. In a first step, we depart from the accepted presumptions about the formal delivery of international criminal justice and its capacities to deliver peace and security, to consider how alternative views on the legitimacy of international criminal tribunals and retributive justice present some far more unsettling perspectives about the performance and promise of these nascent courts. If these issues are taken seriously, then one should reconsider whether international trials are able to deliver the broader forms of substantive justice …
Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez
Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Janus Look At International Criminal Justice, Diane Marie Amann
A Janus Look At International Criminal Justice, Diane Marie Amann
Scholarly Works
Invoking the name of Janus, the Roman god who looked simultaneously at the past and the future, this article examines international criminal justice at a watershed moment, when a number of 20-year-old ad hoc tribunals were winding down even as the International Criminal Court was entering its teen years. First explored are challenges posed by politics – that is, the need to secure cooperation from states and from the U.N. Security Council – and economics – that is, the need to work within budgetary constraints. The article then surveys significant developments in each of a half-dozen international criminal courts and …
Mapping Expansive Uses Of Human Dignity In International Criminal Law, J.Benton Heath
Mapping Expansive Uses Of Human Dignity In International Criminal Law, J.Benton Heath
J.Benton Heath
International criminal law (ICL) makes frequent reference to the concept of human dignity, which also plays a central role in human rights law. While many of these invocations occur in the context of torture and cruel treatment, a handful of cases have used human dignity more expansively to justify punishment for hate speech and other crimes. In this chapter, I argue that such expansive invocations of human dignity fill gaps in substantive criminal law, motivate tribunals toward broad interpretations of the law, may serve to 'trump' competing claims, and provide an argument for overcoming strict applications of the principle of …
Human Dignity At Trial: Hard Cases And Broad Concepts In International Criminal Law, J.Benton Heath
Human Dignity At Trial: Hard Cases And Broad Concepts In International Criminal Law, J.Benton Heath
J.Benton Heath
Broad and indeterminate invocations of human dignity play a sporadic but powerful role in the adjudication of international criminal law (ICL). Drawing on detailed case studies, I argue that the concept of dignity enables courts to fill gaps in the substantive criminal law, justify expansive interpretations, resolve conflicts between competing rights and values, and potentially overcome the requirements of strict legality. These features enable judges to reach important and sometimes morally compelling conclusions. But expansive uses of human dignity come into tension with rule-of-law principles, and they challenge the self-understanding of ICL as a regime of limited subject-matter jurisdiction. This …
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Ryan S. Lincoln
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law. Violations of IHL, however, also give rise to civil liability. Despite the advances with respect to rape made in the …
Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi
Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi
International Law Studies
No abstract provided.
Rule Of Law Capacity Building In Iraq, Richard Pregent
Rule Of Law Capacity Building In Iraq, Richard Pregent
International Law Studies
No abstract provided.
Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein
Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein
International Law Studies
No abstract provided.
Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker
Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker
International Law Studies
No abstract provided.
The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh
The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh
International Law Studies
No abstract provided.
Much Ado About Non-State Actors: The Vanishing Relevance Of State Affiliation In International Criminal Law, John Cerone
Much Ado About Non-State Actors: The Vanishing Relevance Of State Affiliation In International Criminal Law, John Cerone
San Diego International Law Journal
Much has been made recently of the deficiencies of international law in grappling with violence perpetrated by non-state actors. From transnational terrorist networks to private security contractors (PSCs), organizations that are not officially part of the apparatus of any state are increasingly engaged in protracted episodes of intense violence, giving rise to questions of accountability under international law. Does international law provide rules applicable to such conduct? While the repression of crime, especially that perpetrated by non-state actors, has traditionally been left to the internal law of states, most international jurists will point to the ancient rules of international law …
Defending International Sentencing: Past Criticism To The Promise Of The Icc, Marisa R. Bassett
Defending International Sentencing: Past Criticism To The Promise Of The Icc, Marisa R. Bassett
Human Rights Brief
No abstract provided.
Distinction And Loss Of Civilian Protection In International Armed Conflicts, Yoram Dinstein
Distinction And Loss Of Civilian Protection In International Armed Conflicts, Yoram Dinstein
International Law Studies
No abstract provided.
Coaltion Operations: A Canadian Perspective, Kenneth W. Watkin
Coaltion Operations: A Canadian Perspective, Kenneth W. Watkin
International Law Studies
No abstract provided.
Starting From Here, Ashley R. Deeks
The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns
The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns
International Law Studies
No abstract provided.
Full Volume 84: International Law And Military Operations (2008)
Full Volume 84: International Law And Military Operations (2008)
International Law Studies
No abstract provided.
Full Volume 83: Global Legal Challenges: Command Of The Commons, Strategic Communications, And Natural Disasters
International Law Studies
No abstract provided.
Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii
Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii
International Law Studies
No abstract provided.
Full Volume 82: The Law Of War In The 21st Century: Weaponry And The Use Of Force
Full Volume 82: The Law Of War In The 21st Century: Weaponry And The Use Of Force
International Law Studies
No abstract provided.
Treatment And Interrogation Of Detained Persons, David E. Graham
Treatment And Interrogation Of Detained Persons, David E. Graham
International Law Studies
No abstract provided.
Military Commissions - Kangaroo Courts?, Charles H.B. Garraway
Military Commissions - Kangaroo Courts?, Charles H.B. Garraway
International Law Studies
No abstract provided.