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Articles 1 - 10 of 10
Full-Text Articles in Law
Three Conceptual Problems With The Doctrine Of Joint Criminal Enterprise, Jens David Ohlin
Three Conceptual Problems With The Doctrine Of Joint Criminal Enterprise, Jens David Ohlin
Cornell Law Faculty Publications
This article dissects the Tadic court’s argument for finding the doctrine of joint criminal enterprise in the ICTY Statute. The key arguments are identified and each are found to be either problematic or insufficient to deduce the doctrine from the statute: the object and purpose of the statute to punish major war criminals, the inherently collective nature of war crimes and genocide and the conviction of war criminals for joint enterprises in World War II cases. The author criticizes this overreliance on international case law and the insufficient attention to the language of criminal statutes when interpreting conspiracy doctrines. The …
Transnational Networks And International Criminal Justice, Jenia Iontcheva Turner
Transnational Networks And International Criminal Justice, Jenia Iontcheva Turner
Michigan Law Review
The theory of transgovernmental networks describes how government officials make law and policy on issues of global concern by coordinating informally across borders, without legal or official sanction. Scholars have argued that this sort of coordination is useful in many different areas of cross-border regulation, including banking, antitrust, environmental protection, and securities law. One area to which the theory has not yet been applied is international criminal law. For a number of reasons, until recently, international criminal law had not generated the same transgovernmental networks that have emerged in other fields. With few exceptions, international criminal law had been enforced …
Atrocity Crimes Framing The Responsibility To Protect, David Scheffer
Atrocity Crimes Framing The Responsibility To Protect, David Scheffer
Case Western Reserve Journal of International Law
No abstract provided.
Truth Commissions: Between Impunity And Prosecution, Thomas Buergenthal Hon.
Truth Commissions: Between Impunity And Prosecution, Thomas Buergenthal Hon.
Case Western Reserve Journal of International Law
No abstract provided.
Breaking The Silence: Rape As An International Crime, Mark Ellis
Breaking The Silence: Rape As An International Crime, Mark Ellis
Case Western Reserve Journal of International Law
No abstract provided.
Extraordinary Crimes At Ordinary Times: International Justice Beyond Crisis Situations, Sonja Starr
Extraordinary Crimes At Ordinary Times: International Justice Beyond Crisis Situations, Sonja Starr
Faculty Scholarship
No abstract provided.
Transnational Networks And International Criminal Justice, Jenia I. Turner
Transnational Networks And International Criminal Justice, Jenia I. Turner
Faculty Journal Articles and Book Chapters
The theory of trans-governmental networks describes how elements within the governments of various nations make and affect policy by coordinating with each other informally, without official or formal legal sanction. Anne-Marie Slaughter and others have argued that this sort of coordination is useful in many different areas of cross-border regulation, including banking, antitrust, environmental protection, and securities law.
One area to which the theory has not yet been applied is international criminal law. By its nature, international criminal law transcends national boundaries. But at least until recently, it had not generated the kinds of informal trans-governmental networks that have emerged …
The Empty U.S. Chair: United States Nonparticipation In The Negotiations On The Definition Of Aggression, Garth Schofield
The Empty U.S. Chair: United States Nonparticipation In The Negotiations On The Definition Of Aggression, Garth Schofield
Human Rights Brief
No abstract provided.
Rehabilitation Or Revenge: Prosecuting Child Soldiers For Human Rights Violations, Nienke Grossman
Rehabilitation Or Revenge: Prosecuting Child Soldiers For Human Rights Violations, Nienke Grossman
All Faculty Scholarship
International law provides no explicit guidelines for whether or at what age child soldiers should be prosecuted for grave violations of international humanitarian and human rights law such as genocide, war crimes, and crimes against humanity. This paper argues that the hundreds of thousands of children under age eighteen participating in armed conflicts around the globe should be treated primarily as victims, not perpetrators, of human rights violations and that international law may support this conclusion. In the case of children, the world community should choose rehabilitation and reintegration over criminal prosecution because of children's unique psychological and moral development, …
Can We Compare Evils? The Enduring Debate On Genocide And Crimes Against Humanity, Steven R. Ratner
Can We Compare Evils? The Enduring Debate On Genocide And Crimes Against Humanity, Steven R. Ratner
Articles
A look back at the twentieth century reveals that the most critical steps in the criminalization of mass human rights constituted the academic work of Raphel Lemkin and his conceptualization of genocide; the International Military Tribunal Charter’s criminalization of crimes against humanity and the trials that followed; and the conclusion and broad ratification of the Genocide Convention. The Convention was the first treaty since those of slavery and the “white slave traffic” to criminalize peacetime actions by a government against its citizens. Since that time, customary international law has recognized the de-coupling of crimes against humanity from wartime.