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Articles 1 - 19 of 19
Full-Text Articles in Law
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
Faculty Publications
The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …
Amnesty For Even The Worst Offenders, Jay Butler
Amnesty For Even The Worst Offenders, Jay Butler
Faculty Publications
In recent years, global policy makers have declared that heads of state must be held accountable through criminal prosecution for internationally wrongful acts. Scholars too have insisted that the international system’s embrace of accountability excludes or renders illegal the granting of amnesty. This Article argues that that position is too narrow and uses the ongoing conflict in Syria, as well as other contemporary examples, to examine some of consequences of the clamor for prosecution.
The Article rejects the binary juxtaposition of amnesty and accountability in current international legal scholarship, and instead seeks to broaden the terms of the conversation by …
Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone
Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone
Faculty Publications
No abstract provided.
From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy Amoury Combs
From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy Amoury Combs
Faculty Publications
No abstract provided.
Health Equity For All: Sexual And Reproductive Health Needs And Access To Health Services For Adolescents 10–17 Engaged In Selling Sex In Asia Pacific, Brendan M. Conner, Ayesha Mago, Sarah Middleton-Lee
Health Equity For All: Sexual And Reproductive Health Needs And Access To Health Services For Adolescents 10–17 Engaged In Selling Sex In Asia Pacific, Brendan M. Conner, Ayesha Mago, Sarah Middleton-Lee
Faculty Publications
No abstract provided.
Responsibility For Regime Change, Jay Butler
Responsibility For Regime Change, Jay Butler
Faculty Publications
What obligations does a state have after it forcibly overthrows the regime of another state or territory? The Hague Regulations and the Fourth Geneva Convention provide some answers, but their prohibition on interfering with the governing structure of the targeted territory is outmoded. Based on a careful examination of subsequent practice of the parties to the conventions, this Article asserts a new interpretation of these treaties and argues that regime changers are now under positive obligations in the postwar period and beyond.
Through their conduct and evaluation of modern regime-change missions, states, both individually and acting collectively through international organizations, …
Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Disability Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord
Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Disability Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord
Faculty Publications
No abstract provided.
Cedaw, Compliance, And Custom: Human Rights Enforcement In Sub-Saharan Africa, Angela M. Banks
Cedaw, Compliance, And Custom: Human Rights Enforcement In Sub-Saharan Africa, Angela M. Banks
Faculty Publications
No abstract provided.
Moderating Politics In Post-Conflict States: An Examination Of Bosnia And Herzegovina, Angela M. Banks
Moderating Politics In Post-Conflict States: An Examination Of Bosnia And Herzegovina, Angela M. Banks
Faculty Publications
The individuals who negotiated the peace agreement that ended the war in Bosnia and Herzegovina considered ethnicity to be the most salient division within Bosnian society. Consequently they organized Bosnia's political structure around ethnic representation. While it is doubtful that peace in Bosnia would have been possible without guarantees for ethnic-based political representation, such guarantees have proven insufficient for building a functioning, stable, and cohesive state. This article analyzes the role that Bosnia's political framework, which focuses exclusively on ethnic representation, has played in impeding the development of a significant cadre of moderate political actors and in hindering the success …
Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks
Faculty Publications
No abstract provided.
Carla Del Ponte: Her Retrospective Of Four Years In The Hague, Angela M. Banks
Carla Del Ponte: Her Retrospective Of Four Years In The Hague, Angela M. Banks
Faculty Publications
No abstract provided.
International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs
International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs
Faculty Publications
No abstract provided.
Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs
Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs
Faculty Publications
No abstract provided.
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
Faculty Publications
No abstract provided.
Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone
Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone
Faculty Publications
No abstract provided.
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
Faculty Publications
No abstract provided.
Human Rights In The Middle East, Linda A. Malone
Human Rights In The Middle East, Linda A. Malone
Faculty Publications
No abstract provided.
Arab-Israeli Conflict, Linda A. Malone
International Law And The American Hostages In Iran, Walter L. Williams Jr.
International Law And The American Hostages In Iran, Walter L. Williams Jr.
Faculty Publications
No abstract provided.