Law Commons^™

Masthead, Volume 44 (2020)

Canada-United States Law Journal

No abstract provided.

Volume 44 (2020), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Greetings, Ohio Senator Sherrod Brown

Canada-United States Law Journal

No abstract provided.

Keynote Speaker - The Impact Of Climate Change On Canadian-U.S. Defense, The Honorable John Mckay

Canada-United States Law Journal

No abstract provided.

Opening Lecture - Climate Chage: The Facts, Dr. Eugene Takle

Canada-United States Law Journal

No abstract provided.

Panel Discussion - Climate Change And Economy, Richard Cunningham, David Terry, Grant Goodrich, Karlis Vasarais

Canada-United States Law Journal

No abstract provided.

Cruising The Great Lakes: A Report On The United States And Canadian Regulations For The Commercial Cruise Industry On The Great Lakes, Theodore V. Parran Iii

Canada-United States Law Journal

No abstract provided.

Panel Discussion - Regional Efforts On Climate Change, Mark Fisher, Terrance J. Fitzpatrick, Chi Carmody, Marc Deblois

Canada-United States Law Journal

No abstract provided.

Welcome And Opening Of The 43rd Cusli Annual Conference, Stephen J. Petras Jr.

Canada-United States Law Journal

No abstract provided.

Panel Discussion - Climate Change, Policy , And Law, Lawrence L. Herman, Martha Hall Findlay, Lana Pollack, The Honorable John Godfrey

Canada-United States Law Journal

No abstract provided.

Ambassadors' And Minsters' Roundtable - What Are The Prospects For High-Level Coordination?, Consul General Joseph Comartin, The Honorable James J. Blanchard, The Honorable James S. Peterson, The Honorable Peters Mackay

Canada-United States Law Journal

No abstract provided.

2019 Distinguished Lecture - An Uncharted Path: Canada-U.S. Relations In The Trump Era, Bruce Heyman

Canada-United States Law Journal

No abstract provided.

Proceedings Of The 43rd Cusli Annual Conference On The State Of Out Nations: Coorperating On Climate Change - Conference Speakers, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

The International Law Commission's First Draft Convention On Crimes Against Humanity: Codification, Progressive Development, Or Both?, Charles C. Jalloh

Case Western Reserve Journal of International Law

"It is submitted that, if the General Assembly takes forward the ILC’s draft text to conclude a new crimes against humanity treaty after the second reading, this will make a significant contribution to the development of modern international criminal law."

Masthead, 52 (2020)

Case Western Reserve Journal of International Law

No abstract provided.

The View From Syria: In War On Terrorism, Humanitarian Law Takes Back Seat, Roy Gutman

Case Western Reserve Journal of International Law

"The theme of this conference is atrocity prevention, and the unstated major premise is that something has gone wrong in international life. Having reported or edited international news for half a century and focused on humanitarian law for 25 years, I will offer my reality check. Michael Scharf’s program note speaks of the world hitting a low point in the amelioration of human suffering in conflict. My observation is that he is right. In attending this conference, you are way ahead of the general public, way ahead of our political class. Humanitarian law after making broad advances at the turn …

The International Criminal Court: Current Challenges And Prospect Of Future Success, Milena Sterio

Case Western Reserve Journal of International Law

"The ICC has served as an agent of impunity since its inception in 1998, and its fundamental role in the field of international criminal justice as a permanent accountability mechanism remains undisputed. The court is, however, facing significant challenges which may threaten its legitimacy. These challenges can be surmounted if the court is willing to take a hard look at its own procedures, prosecutorial practices, and judicial attitudes. The ICC’s future may be bright if the court makes significant changes in the present." (Conclusion, p. 478)

Codifying The Obligations Of States Relating To The Prevention Of Atrocities, Sean D. Murphy

Case Western Reserve Journal of International Law

Keynote Speech, “Codifying the Obligations of States Relating to the Prevention of Atrocities.”

..."my focus is on international obligations embedded in major multilateral treaties that address the issue of prevention, either expressly or implicitly. In doing so, I will attempt to connect the past to the present, so as to highlight six obligations of States relating to prevention that the Commission deemed essential for inclusion in its 2019 CAH Articles."

Front Matter, Vol. 52 (2020)

Case Western Reserve Journal of International Law

No abstract provided.

Foreword: Atrocity Prevention: The Role Of International Law And Justice, Amb. Todd F. Buchwald, Jody M. Aremband

Case Western Reserve Journal of International Law

"The issue of atrocity prevention has taken something of a beating in the last few years, a victim perhaps of the transactional approach to security and other foreign policy issues that seem to be engulfing us. Yet this is an issue that cannot go away. Its staying power is a testament to its deep moral roots. The horrors of the Holocaust and the knowledge of the capacity of man for cruelty to his fellow man will haunt the world forever. The experience of our modern history– in Yugoslavia, Rwanda, Sudan, South Sudan, the Central African Republic and elsewhere – leave …

Innovating To Restrain The Use Of The Veto In The United Nations Security Council, Amb. Christian Wenaweser, Sina Alavi

Case Western Reserve Journal of International Law

"Below we outline two innovations – one already implemented, and the other in the process of being officially presented to the UN membership – that have the potential to help restrain the [mis]use of the veto by permanent members of the Security Council. They both acknowledge the existence of the veto, and rather than aiming for its abolition they aim to bring its use more in line with the intentions of the drafters of the UN Charter."

(Code of Conduct (Security Council action on genocide, crimes against humanity, and war crimes) and General Assembly action when the veto is (mis-)used)

Questioning Unlimited Veto Use In Face Of Atrocity Crimes, Jennifer Trahan

Case Western Reserve Journal of International Law

"This article discusses the need to re-visit—based on existing legal obligations—the problem of veto use by the permanent members of the UN Security Council while there are ongoing atrocity crimes (genocide, crimes against humanity, and/or war crimes). Specifically, the article— which previews the arguments in my forthcoming book—raises the question of whether all such veto use is consistent with international law."

The Security Council Veto In The Context Of Atrocity Crimes, Uniting For Peace And The Responsbility To Protect, Ved P. Nanda

Case Western Reserve Journal of International Law

"After Russia’s thirteen vetoes and seven by China to shield the Syrian regime from any action, it seems reasonable to ask the question: In light of the findings of several U.N. reports, as well as reports from credible human rights organizations, that Syrian military and security forces have continued to commit atrocity crimes ever since the onset of the Syrian crisis, is it not prudent to explore the measures to protect innocent men, women, and children from such flagrant violations of human rights?"

Crime As Cognitive Constraint: Facebook's Role In Myanmar's Incitement Landscape And The Promise Of International Tort Liability, Jenny Domino

Case Western Reserve Journal of International Law

"Is Facebook’s role in the spread of incitement in Myanmar criminal? In 2018, the United Nations Independent International Fact-Finding Mission on Myanmar (FFM) described Facebook’s “significant role” in the spread of incitement to discrimination and violence against Myanmar’s Rohingya Muslims.2 Although the FFM described in detail the speakers’ responsibility for the Facebook posts, the precise nature of Facebook’s responsibility in moderating (or failing to moderate) harmful content was unclear."

Section 230 And The Duty To Prevent Mass Atrocities, David Sloss

Case Western Reserve Journal of International Law

"Of course, any proposal to create a statutory exception to section 230 immunity raises a set of complex questions about the proper scope of such an exception. This article identifies the key issues that would need to be resolved if Congress decided to create an exception along these lines. The remainder of this article consists of three parts. The first part explains why removal of immunity from civil liability is an appropriate mechanism to help prevent use of social media to incite or induce commission of mass atrocity crimes. The second part contends that the exception to section 230 immunity …

Prosecuting Starvation Crimes In Yemen's Civil War, Laura Graham

Case Western Reserve Journal of International Law

"This article will discuss whether the responsible parties for starvation in Yemen can be prosecuted under international criminal law (ICL) or international humanitarian law (IHL) for war crimes or crimes against humanity (CAH)."

Attacks Against Cultural Heritage As A Crime Against Humanity, Yaron Gottlieb

Case Western Reserve Journal of International Law

"The article begins with a brief overview of the contemporary international criminal law regime governing attacks against cultural heritage. It continues by identifying the main legal gaps as well as additional considerations that support the introduction of a distinct crime against humanity in the Draft Convention’s list of crime. The article then defines the proposed new crime and analyzes the crime’s elements including a definition of cultural heritage for the purpose of the Draft Convention."

Documentation For Accountability, Jessica C. Levy, Paul R. Williams

Case Western Reserve Journal of International Law

" In armed conflicts across the globe, it is imperative that war crimes, crimes against humanity, genocide, and other violations of international humanitarian law are effectively documented. Providing such documentation to judicial mechanisms can be critical for efforts to hold those who commit atrocities accountable. 72 Given the delays that routinely plague efforts to secure justice, it is important that the crimes are documented and that the evidence is ready for use in prosecutions when they emerge. Fortunately, the number of civil society actors engaged in documentation projects is growing rapidly, and technological innovations are beginning to emerge to assist …

A Program For The Next Icc Prosecutor, Alex Whiting

Case Western Reserve Journal of International Law

"As the International Criminal Court (ICC) begins the process of selecting the next Prosecutor, it finds itself at a critical moment. Few people believe that the institution has lived up to expectations. The court has brought relatively few cases, and many have not succeeded.2 While convictions were achieved in the Lubanga, Ntaganda, Katanga, and Al Mahdi cases, as well as in the obstruction of justice cases arising out of the Bemba prosecution, many other cases failed at the confirmation stage, during or after trial, or on appeal.3 he future looks grim. Presently, there is just one case at trial (Ongwen) …

Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Dr. Paul R. Williams

Case Western Reserve Journal of International Law

Klatsky Endowed Lecture on Human Rights by Dr. Paul R. Williams

"Thank you to Case Western Reserve University School of Law, and in particular Dean Michael Scharf, for providing me with the privilege of delivering the Klatsky Endowed Lecture on Human Rights. Thank you, Milena Sterio, for your wonderful introduction. It is my honor to receive the Cox International Law Center’s Humanitarian Award for Advancing Global Justice and join the inspiring array of international law scholars and practitioners who have received it in years prior. I am also pleased to have the opportunity to speak today to such an engaged …