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Articles 1 - 9 of 9
Full-Text Articles in Law
Custom, General Principles And The Great Architect Cassese, Mary Fan
Custom, General Principles And The Great Architect Cassese, Mary Fan
Articles
Major advances in international criminal law and procedure rose on the trusses of judicially elucidated sources of international law—custom and general principles. These sources depend on the crucial art of derivation advanced by the architect of modern international criminal justice, President Antonio Cassese. What has transformed international criminal justice into flourishing law able to address changing configurations of violence is the development of the art of finding law in the dark and wilds of murky unwritten norms. [para] President Cassese pioneered paths through a perilous bog. "[T]he law lives in persons," and to understand the law one must study the …
Session Five: Expert Panel On Fighting Impunity Remarks Of Professor Diane F. Orentlicher, Diane Orentlicher
Session Five: Expert Panel On Fighting Impunity Remarks Of Professor Diane F. Orentlicher, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
As the field of transitional justice has matured, we have a better appreciation of the fact that both the capacity and will of societies to address violations of the past may evolve signifiicantly, and in unforeseen ways, over time—sometimes over a long, long period. (One speaker this morning described how he was unable to come to terms with his own torture for 11 years— and then, pursuing justice became critical.) Thus, for example, prosecutions for past violations may not occur in the immediate aftermath of a transition from repression to democratic gover¬ nance; often they take place after the passage …
The Paradox Of Impartiality: A Critical Defense Of The International Criminal Tribunal For Rwanda, Daniel Koosed
The Paradox Of Impartiality: A Critical Defense Of The International Criminal Tribunal For Rwanda, Daniel Koosed
University of Miami International and Comparative Law Review
No abstract provided.
Policing International Prosecutors, Jenia I. Turner
Policing International Prosecutors, Jenia I. Turner
Faculty Journal Articles and Book Chapters
A recurring question in international criminal procedure is how to ensure that prosecutors are held accountable for their errors and misconduct. When International Criminal Court (ICC) judges encountered the first serious error by the prosecution in Prosecutor v. Lubanga, they opted for an absolutist approach to remedies: the judges stayed the proceedings and ordered the release of the defendant. Although termination of the case was avoided through the intervention of the Appeals Chamber, the standoff between the judges and the prosecution highlighted the dilemmas that the ICC faces in these circumstances. To protect the integrity of its proceedings, the court …
72 Years Later: Still Seeking Accountability For The Katyn Forest Massacre, Allan Gerson
72 Years Later: Still Seeking Accountability For The Katyn Forest Massacre, Allan Gerson
Case Western Reserve Journal of International Law
No abstract provided.
Reflections From The International Criminal Court Prosecutor, Fatou Bensouda
Reflections From The International Criminal Court Prosecutor, Fatou Bensouda
Case Western Reserve Journal of International Law
No abstract provided.
Preventing Mass Atrocity Crimes: The Responsibility To Protect And The Syria Crisis, Paul R. Williams, Jonathan Worboys, J. Trevor Ulbrick
Preventing Mass Atrocity Crimes: The Responsibility To Protect And The Syria Crisis, Paul R. Williams, Jonathan Worboys, J. Trevor Ulbrick
Case Western Reserve Journal of International Law
No abstract provided.
The Reach And The Grasp Of International Criminal Justice – How Do We Lengthen The Arm Of The Law?, Stephen J. Rapp Amb.
The Reach And The Grasp Of International Criminal Justice – How Do We Lengthen The Arm Of The Law?, Stephen J. Rapp Amb.
Case Western Reserve Journal of International Law
No abstract provided.
The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl
The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl
Mark A. Drumbl
No abstract provided.