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Full-Text Articles in Law
Justice Without Fear Or Favour? The Uncertain Future Of The International Criminal Court, Leila Nadya Sadat
Justice Without Fear Or Favour? The Uncertain Future Of The International Criminal Court, Leila Nadya Sadat
Scholarship@WashULaw
This essay traces the history of the International Criminal Court from its establishment in 1998 until the current day. It briefly surveys the history of the Court’s founding and evokes many of its current challenges and innovative aspects of its jurisprudence, particularly regarding jurisdiction, immunities, and admissibility, including decisions relating to the Situations in Afghanistan, Bangladesh/Myanmar, Libya, Palestine, and Sudan. As the essay notes, although many challenges have emerged from internal difficulties the Court has faced or design elements of the Statute, external challenges arising from the geopolitical environment within which it operates exist as well. Despite these problems, which …
An International Tribunal For The Use Of Nuclear Weapons, Anthony J, Colangelo, Peter Hayes
An International Tribunal For The Use Of Nuclear Weapons, Anthony J, Colangelo, Peter Hayes
Faculty Journal Articles and Book Chapters
Although offenses against international law have been proscribed at a certain level of generality, nobody hitherto has examined closely the scientific and ecological damages that would be imposed by nuclear strikes in relation to resulting possible law-ofwar violations. To correct that information deficit and institutional shortfall, the first Part of this Article constructs a hortatory proposal for a tribunal for the use of nuclear weapons under international law. The second Part of the Article shows how such a tribunal statute would have a real-world effect on those charged with launching nuclear strikes and determining the legality of the strike orders. …
The Internationalists: How A Radical Plan To Outlaw War Remade The World, Mary Ellen O'Connell
The Internationalists: How A Radical Plan To Outlaw War Remade The World, Mary Ellen O'Connell
Journal Articles
Mary Ellen O'Connell researches and writes in the areas of international law and the use of force and international legal theory. She provides a thorough review of The Internationalists: How a Radical Plan to Outlaw War Remade the World, Oona A. Hathaway and Scott J. Shapiro (New York: Simon and Schuster, 2017), wherein the authors investigate the investigate the history, nature, and impact of the international legal prohibition on the use of force, focusing on the Kellogg-Briand Pact.
Children, Diane Marie Amann
Children, Diane Marie Amann
Scholarly Works
This chapter, which appears in The Cambridge Companion to International Criminal Law (William A. Schabas ed. 2016), discusses how international criminal law instruments and institutions address crimes against and affecting children. It contrasts the absence of express attention in the post-World War II era with the multiple provisions pertaining to children in the 1998 Statute of the International Criminal Court. The chapter examines key judgments in that court and in the Special Court for Sierra Leone, as well as the ICC’s current, comprehensive approach to the effects that crimes within its jurisdiction have on children. The chapter concludes with a …
Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett
Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett
Faculty Publications
During one permanently consequential decade in the history of the United States and the world, United States Supreme Court Justice Robert H. Jackson delivered three major lectures at the University of Buffalo. The last of these was Jackson's May 9, 1951, James McCormick Mitchell Lecture, "Wartime Security and Liberty under Law," which inaugurated this distinguished lecture series. Justice Jackson's first formal lecture at the University of Buffalo occurred on February 23, 1942, halfway through his first year as a Supreme Court Justice and just twelve weeks after the attack on Pearl Harbor brought the United States into World War II. …
Politics And Prosecutions, From Katherine Fite To Fatou Bensouda, Diane Marie Amann
Politics And Prosecutions, From Katherine Fite To Fatou Bensouda, Diane Marie Amann
Scholarly Works
Based on the Katherine B. Fite Lecture delivered at the 5th Annual International Humanitarian Law Dialogs in Chautauqua, New York, this essay examines the role that politics has played in the evolution of international criminal justice. It first establishes the frame of the lecture series and its relation to IntLawGrrls blog, a cosponsor of the IHL Dialogs. It then discusses the career of the series' namesake, Katherine B. Fite, a State Department lawyer who helped draft the Charter of the International Military Tribunal at Nuremberg and who was, in her own words, a "political observer" of the proceedings. The essay …
Henry T. King, Jr., At Case, And On The Nuremberg Case, John Q. Barrett
Henry T. King, Jr., At Case, And On The Nuremberg Case, John Q. Barrett
Faculty Publications
Prof. Barrett reflects on his “teacher, colleague and friend for the past eight years,” Henry T. King, Jr. Through work at conferences, with the Robert H. Jackson Center and in many private discussions, Henry King became Prof. Barrett’s "Nuremberg colleague" in the academic and historical senses of that phrase. Henry also hoped and assumed that his friends at Case Western would, after his death, do right by his memory and convene a memorial event. Henry directed Prof. Barrett to attend on this occasion to speak about him and Case Western, and about him and Nuremberg.
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change, Michael P. Scharf
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change, Michael P. Scharf
Faculty Publications
Growing out of the author’s experience as Special Assistant to the International Prosecutor of the Cambodia Genocide Tribunal in 28, this article examines the concept of “Grotian moment,” a term the author uses to denote a paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance. The article makes the case that the paradigm-shifting nature of the Nuremberg precedent, and the universal and unqualified endorsement of the Nuremberg Principles by the U.N. General Assembly in 1946, resulted in accelerated formation of customary international law, including the mode of international criminal responsibility now …
Portraits Of Women At Nuremberg, Diane Marie Amann
Portraits Of Women At Nuremberg, Diane Marie Amann
Scholarly Works
This essay reflects ongoing research that investigates women who played roles in war crimes trials at Nuremberg, Germany, and situates those women within the context of social developments during the post-World War II era. Based on an autumn 2009 presentation at the Third International Humanitarian Law Dialogs, the essay builds upon the “Women at Nuremberg” series posted at IntLawGrrls blog. The essay mentions women who were defendants, journalists, or witnesses; however, it focuses on some of the women, mostly Americans, who served as prosecutors at Nuremberg.
The Nuremberg Roles Of Justice Robert H. Jackson, John Q. Barrett
The Nuremberg Roles Of Justice Robert H. Jackson, John Q. Barrett
Faculty Publications
This lecture covers the background of Robert H. Jackson and the story of "Nuremberg," which is Jackson's Nuremberg. The program of this Nuremberg conference states that Prof. Barrett will speak about "The Crucial Role of Robert H. Jackson." In fact, there were multiple Jackson roles at Nuremberg—many, many roles and moments were encompassed in the undertaking that has come to be so significant historically that the primary, global meaning of the word "Nuremberg" today is, and probably always will be, the 1945-46 international trial of the principal surviving Nazi criminals. Justice Jackson's Nuremberg was over 15 months of full time …
Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel
Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel
Articles & Chapters
No abstract provided.
The International Trial Of Slobodan Milosevic: Real Justice Or Real Politik?, Michael P. Scharf
The International Trial Of Slobodan Milosevic: Real Justice Or Real Politik?, Michael P. Scharf
Faculty Publications
There were disquieting echoes of Nuremberg at the arraignment of Slobodan Milosevic in The Hague on July 3, 2001.
A Critique Of The Yugoslavia War Crimes Tribunal In Report Of The International Law Association On An International Criminal Court, Michael P. Scharf
A Critique Of The Yugoslavia War Crimes Tribunal In Report Of The International Law Association On An International Criminal Court, Michael P. Scharf
Faculty Publications
It is ironic that history has not been altogether kind to the Nuremberg Tribunal, labeling it "victor's justice," denouncing its application of ex post facto law, and rebuking its procedural shortcomings. Fifty years later, the world community has created another war crimes tribunal - the International Criminal Tribunal for the Former Yugoslavia. In its first annual report, this new Tribunal stated that "one can discern in the statute and the rules a conscious effort to avoid some of the often-mentioned flaws of Nuremberg and Tokyo." Because it will serve as the model for future ad hoc tribunals and a permanent …
Transcript (Symposium: Nazis In The Courtroom: Lessons From The Conduct Of Lawyers And Judges Under The Laws Of The Third Reich And Vichy, France)., Ruti G. Teitel
Articles & Chapters
No abstract provided.
An International Criminal Court For The Future, Daniel H. Derby
An International Criminal Court For The Future, Daniel H. Derby
Scholarly Works
No abstract provided.
Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson
Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
Justice Robert H. Jackson's opening statement at the Nuremberg trial has justly been characterized as one of the greatest orations in modern juristic literature. Yet behind its rhetorical power lies a fervent anxiety: a desire to silence the skeptical voices whispering that the Nuremberg trials were just the tarted-up revenge to which Camus alludes.
Mengele's Birthmark: The Nuremberg Code In United States Courts, George J. Annas
Mengele's Birthmark: The Nuremberg Code In United States Courts, George J. Annas
Faculty Scholarship
Experimentation on human beings is so difficult to justify that the attempt is seldom even made. Usually its justification is simply assumed, and vague notions of progress or national emergency are suggested as sufficient rationales. The United States, a society dedicated to both progress and human rights, has been profoundly ambivalent about human experimentation. On the one hand, we have consistently argued in our ethical codes that the rights and welfare of research subjects must be protected; on the other hand, we have consistently used perceived emergencies, both national and medical, as an excuse to jettison individual rights and welfare …
Responses To World War Two Criminals And Human Rights Violators: National And Comparative Perspectives; European, American, And Canadian Responses (Panel Discussion: Holocaust And Human Rights Law: The First International Conference), Ruti G. Teitel
Articles & Chapters
No abstract provided.