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Full-Text Articles in Law
Introductory Note To The Extraordinary Chambers Of The Courts Of Cambodia: Decision On The Appeals Against The Co-Investigative Judges Order On Joint Criminal Enterprise (Jce), Benjamin E. Brockman-Hawe
Introductory Note To The Extraordinary Chambers Of The Courts Of Cambodia: Decision On The Appeals Against The Co-Investigative Judges Order On Joint Criminal Enterprise (Jce), Benjamin E. Brockman-Hawe
Benjamin E. Brockman-Hawe
No abstract provided.
Questioning The Un's Immunity In The Dutch Courts; Unresolved Issues In The Mothers Of Srebrenica Litigation, Benjamin E. Brockman-Hawe
Questioning The Un's Immunity In The Dutch Courts; Unresolved Issues In The Mothers Of Srebrenica Litigation, Benjamin E. Brockman-Hawe
Benjamin E. Brockman-Hawe
Providing victims with a judicial forum where they can air their grievances and obtain redress for violations of their rights is regarded as the cornerstone of an international culture of accountability, and restrictions on the right of access to a court must not run afoul of international law's prohibition on the denial of justice. The operation of international organisations, on the other hand, is predicated on the notion that shielding them from the normal processes of the law by providing for their immunity before national courts is the only way to ensure their effectiveness. When an international organization tasked with …
Succession, The Obligation To Repair And Human Rights; The European Court Of Human Rights Judgment In The Case Of Bijelic V. Montenegro And Serbia, Benjamin E. Brockman-Hawe
Succession, The Obligation To Repair And Human Rights; The European Court Of Human Rights Judgment In The Case Of Bijelic V. Montenegro And Serbia, Benjamin E. Brockman-Hawe
Benjamin E. Brockman-Hawe
What happens when a state breaches its international obligations and then ceases to exist? Does its obligation to repair the harm caused by the breach devolve to a new state that occupies part of the territory of an old state? Can a new state be held accountable for violations that took place before the entry into force of the treaty with respect that state? This comment examines the European Court of Human Rights’ (hereinafter 'the Court' or 'the ECHR') encounter with the law of state succession, specifically succession to treaty obligations and succession to responsibility for wrongful acts of a …
Amnesty At The Icty; An Analysis Of The Karadzic Immunity Decision, Benjamin E. Brockman-Hawe
Amnesty At The Icty; An Analysis Of The Karadzic Immunity Decision, Benjamin E. Brockman-Hawe
Benjamin E. Brockman-Hawe
On 17 December 2008 the ICTY promulgated its Decision on the Accused's Second Motion for Inspection and Disclosure: Immunity Issue, in which a Trial Chamber considered the legal significance of an alleged agreement to immunize Radovan Karadzic from prosecution before the ICTY. The Trial Chamber concluded that under customary international law an immunity agreement does not operate to remove the jurisdiction of an international court. This article examines the decision of the Court, and evaluates the current status of amnesties before the ICTY with reference to opinio juris, state practice, and the rules governing the functioning of the Court.
Using Internet 'Borders' To Coerce Or Punish, Benjamin E. Brockman-Hawe
Using Internet 'Borders' To Coerce Or Punish, Benjamin E. Brockman-Hawe
Benjamin E. Brockman-Hawe
The prevailing ideology of the 1990’s reflected widespread dissatisfaction with the inadequacy and negative humanitarian consequences of broad multilateral economic sanctions.3 This in turn provoked a search on the part of NGO’s, states, UN agencies and academic institutions for an alternative sanctions approach that would remove the significant burden traditional economic sanctions placed on vulnerable segments of society while accomplishing the objectives for which they were imposed. The result of these cooperative efforts - the conceptualization and implementation of “smart” sanctions over the next decade - reformed the multilateral sanctions regime in fundamental ways. The agencies and procedures collectively instituted …
The Iraqi High Court; A Retrospective And Prospective View, Benjamin E. Brockman-Hawe
The Iraqi High Court; A Retrospective And Prospective View, Benjamin E. Brockman-Hawe
Benjamin E. Brockman-Hawe
Over the course of its existence, the chief transitional justice mechanism in Iraq – the Iraqi High Court - has attracted an admirably sized assemblage of detractors, naysayers and critics. When examined in light of the normative values widely agreed to underly 21st century notions of transitional justice however, the necessity for the IHC as opposed to an alternative transitional mechanism becomes apparent. Various financial, logistical, idealogical and political barriers precluded reliance on an ad-hoc Tribunal, hybrid court, or trial of Saddam and his regime by the ICC; in this environment, the formation of the IHC represented a useful and …