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Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack Apr 2009

Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack

Faculty Publications

This survey of 2008's top developments in these international fora will focus on the law governing international crimes and applicable forms of responsibility. Several trends in the law are immediately apparent. The tribunals continue to delineate and clarify the interfaces between the various international crimes, particularly war crimes and crimes against humanity, which may be committed simultaneously or in parallel with each other. Several important cases went to judgment in 2008 that address war crimes drawn from the Hague tradition of international humanitarian law, and the international courts are demonstrating a greater facility for adjudicating highly technical aspects of this …


Proposal On A Research Institute For The Protection Of Cultural Property In The Event Of Armed Conflicts To The Ludwig Boltzmann Society (Austria), University Of Vienna, Austrian Society For The Protection Of Cultural Property Jan 2009

Proposal On A Research Institute For The Protection Of Cultural Property In The Event Of Armed Conflicts To The Ludwig Boltzmann Society (Austria), University Of Vienna, Austrian Society For The Protection Of Cultural Property

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.


Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson, Beth Van Schaack Jan 2009

Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson, Beth Van Schaack

Faculty Publications

Although the substantive law concerned with gender violence is now well established, and the principle of legality can no longer serve as a barrier to prosecutions for gender violence, significant obstacles remain to ensuring a robust system of gender justice in international criminal law in the face of continued violations. These obstacles are less visible than defects in positive law because they emerge in the practice of international criminal law at crucial yet shrouded stages of the penal process: investigation, charging, pre-trial plea negotiations, trial preparation, theprovision of protective measures, and appeals. Most importantly, strong positive law is irrelevant where …