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Articles 1 - 13 of 13
Full-Text Articles in Law
Human “Wrongs”?: The U.S. Takes An Unpopular Stance In Opposing A Strong International Criminal Court, Gaining Unlikely Allies In The Process, Tomas A. Kuehn
Human “Wrongs”?: The U.S. Takes An Unpopular Stance In Opposing A Strong International Criminal Court, Gaining Unlikely Allies In The Process, Tomas A. Kuehn
Pepperdine Law Review
No abstract provided.
Criminalizing Hate Speech In The Crucible Of Trial: Prosecutor V. Nahimana , Diane F. Orentlicher
Criminalizing Hate Speech In The Crucible Of Trial: Prosecutor V. Nahimana , Diane F. Orentlicher
Diane Orentlicher
No abstract provided.
The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting
The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting
Pepperdine Dispute Resolution Law Journal
On July 18, 2000, as part of the Annual Meeting of the American Bar Association, an all star cast of American and English lawyers gathered in the Common Room of the Law Society of England and Wales in London to simulate oral argument before the International Criminal Court ("ICC"). The fictitious proceedings involved a head of state, President Luis Medema, charged with genocide, war crimes and crimes against humanity. The prosecutors and defense counsel engaged in lively oral argument before the Trial Chamber in the context of three critical issues: (1) jurisdiction of the ICC over citizens of non-state parties; …
Note: Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake
Note: Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake
Faculty Publications
No abstract provided.
Crimes Against Humanity - Understanding The Impact Of The Rome Statute Of The International Criminal Court, Cameron C. Russell
Crimes Against Humanity - Understanding The Impact Of The Rome Statute Of The International Criminal Court, Cameron C. Russell
Cameron C Russell
There is a widespread view that the Rome Statute setting up the International Criminal Court was a leap forward for ending impunity for those guilty of violating international criminal law. The impact of the Rome Statute on the jurisprudential status of crimes against humanity, however, was not as revolutionary as is often thought. This article seeks to understand the legal imperfections and achievements of the Rome Statute in relation to crimes against humanity, so as to assess its impact more accurately, and highlight legal problems still facing the jurisprudence of crimes against humanity today. The article does this through a …
A Complementarity Conundrum: International Criminal Enforcement In The Mexican Drug War, Spencer Thomas
A Complementarity Conundrum: International Criminal Enforcement In The Mexican Drug War, Spencer Thomas
Vanderbilt Journal of Transnational Law
Drug-related violence in Mexico has claimed over 34,000 lives since Mexican President Felipe Calderon initiated his crackdown on Mexico's drug cartels in 2006 with the deployment of military troops to Michoacan. Somewhat surprisingly, Mexico's drug war has garnered rather little attention from the international community, despite a wealth of headlines in popular media. This Note takes up the question of international criminal enforcement in Mexico against Los Zetas, widely considered Mexico's most violent drug cartel. By setting up a hypothetical--but possible--International Criminal Court (ICC) prosecution of Los Zetas cartel leader Heriberto Lazcano, this Note demonstrates that the ICC Prosecutor could …
Africa And The International Criminal Court: Collision Course Or Cooperation?, Charles Chernor Jalloh
Africa And The International Criminal Court: Collision Course Or Cooperation?, Charles Chernor Jalloh
Faculty Publications
The relationship between Africa and the International Criminal Court (ICC) was cordial for many years. However, since the decisions of the United Nations Security Council to invoke its special powers to impose the Court on Sudan and Libya, African States acting through their regional body - the African Union - have adopted numerous resolutions claiming that the ICC maybe impeding, rather than assisting, their efforts to restore peace in several ongoing conflicts and transitional situations on the continent. In this invited lecture, given as the first RJR Distinguished Visiting Professor Lecture at North Carolina Central University School of Law in …
Reflections From The International Criminal Court Prosecutor, Fatou B. Bensouda
Reflections From The International Criminal Court Prosecutor, Fatou B. Bensouda
Vanderbilt Journal of Transnational Law
Today I would like to introduce the idea of a new paradigm in international relations, which was introduced by the work of the drafters of the Rome Statute and the establishment of the International Criminal Court (ICC): this idea is that of law as a global tool to contribute to the world's peace and security. This idea first surfaced with the belief that the power of law has the capacity to redress the balance between the criminals who wield power and the victims who suffer at their hands. Law provides power for all regardless of their social, economic, or political …
International Decision, International Criminal Court, Judgment On The Appeal Of The Republic Of Kenya Against Pre-Trial Chamber Decision Denying Inadmissibility Of The Kenya Situation, Charles Chernor Jalloh
International Decision, International Criminal Court, Judgment On The Appeal Of The Republic Of Kenya Against Pre-Trial Chamber Decision Denying Inadmissibility Of The Kenya Situation, Charles Chernor Jalloh
Faculty Publications
A fundamental pillar of the Rome Statute of the International Criminal Court (ICC) is Article 17, which enshrines the complementarity principle – the idea that ICC jurisdiction will only be triggered when states fail to act to prosecute genocide, crimes against humanity and war crimes within their national courts or in circumstances where they prove unwilling and or unable to do so. The problem is that, as shown in this case report in the American Journal of International Law on the first ICC Appeals Chamber ruling regarding a state party’s objection to the court’s assertion of jurisdiction over its nationals, …
The Crime Of Genocide Committed Against The Poles By The Ussr Before And During World War Ii: An International Legal Study, Karol Karski
The Crime Of Genocide Committed Against The Poles By The Ussr Before And During World War Ii: An International Legal Study, Karol Karski
Case Western Reserve Journal of International Law
No abstract provided.
Katyn Forest Massacre: Of Genocide, State Lies, And Secrecy, Milena Sterio
Katyn Forest Massacre: Of Genocide, State Lies, And Secrecy, Milena Sterio
Case Western Reserve Journal of International Law
No abstract provided.
Somebody Else's Problem: How The United States And Canada Violate International Law And Fail To Ensure The Prosecution Of War Criminals, Nicholas P. Weiss
Somebody Else's Problem: How The United States And Canada Violate International Law And Fail To Ensure The Prosecution Of War Criminals, Nicholas P. Weiss
Case Western Reserve Journal of International Law
No abstract provided.
Remarks On The Gjil Symposium On Corporate Responsibility And The Alien Tort Statute, Vivian Grosswald Curran
Remarks On The Gjil Symposium On Corporate Responsibility And The Alien Tort Statute, Vivian Grosswald Curran
Articles
The following essay is a summary of remarks I delivered at the symposium on corporate responsibility and the Alien Tort Statute held at Georgetown Law School after the first Kiobel v. Royal Dutch Petroleum Co. Supreme Court oral argument. My remarks addressed the importance of considering foreign national law when judging the meaning of universal civil jurisdiction, and, implicitly, the inextricability of domestic from international law matters.