Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

University of Michigan Law School

Michigan Journal of International Law

International Law

Atrocities

Articles 1 - 12 of 12

Full-Text Articles in Law

After Atrocity: Optimizing Un Action Toward Accountability For Human Rights Abuses, Steven R. Ratner Oct 2015

After Atrocity: Optimizing Un Action Toward Accountability For Human Rights Abuses, Steven R. Ratner

Michigan Journal of International Law

It is a great honor for me to be here to deliver the John Humphrey Lecture. Humphrey led one of those lives within the UN that shaped what the organization has become today—as one of the first generation of UN civil servants, he was to human rights what Ralph Bunche was to peacekeeping, or Brian Urquhart to UN mediation. To read his diaries, so beautifully edited by John Hobbins, is to see a world that has in many ways vanished, a nearly entirely male club, mostly of Westerners, that hammered out new treaties and mechanisms over fine wine and cigars …


From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy A. Combs Apr 2015

From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy A. Combs

Michigan Journal of International Law

The ICC is well known in international legal circles. Indeed, everyone who knows anything about international law knows that the ICC is the acronym for the International Criminal Court, the body charged with prosecuting international crimes around the globe. Created in 2002, the ICC was intended to “put an end to impunity” for the perpetrators of international crimes” and to affirm “that the most serious crimes of concern to the international community as a whole must not go unpunished.”1 Imagine, however, a world where the “ICC” instead was an acronym for the International Compensation Court. That is, what if the …


Inciting Genocide With Words, Richard A. Wilson Apr 2015

Inciting Genocide With Words, Richard A. Wilson

Michigan Journal of International Law

During the 1994 genocide in Rwanda, observers emphasized the role of media propaganda in inciting Rwandan Hutus to attack the Tutsi minority group, with one claiming that the primary tools of genocide were “the radio and the machete.” As a steady stream of commentators referred to “radio genocide” and “death by radio” and “the soundtrack to genocide,” a widespread consensus emerged that key responsibility for the genocide lay with the Rwandan media. Mathias Ruzindana, prosecution expert witness at the ICTR, supports this notion, writing, “In the case of the 1994 genocide in Rwanda, the effect of language was lethal . …


The Michigan Guidelines On The Exclusion Of International Criminals Jan 2013

The Michigan Guidelines On The Exclusion Of International Criminals

Michigan Journal of International Law

With a view to promoting a shared understanding of the proper approach to Article 1(F)(a) exclusion from refugee status, we have engaged in sustained collaborative study and reflection on relevant norms and state practice. Our research was debated and refined at the Sixth Colloquium on Challenges in International Refugee Law, convened in March 2013 by the University of Michigan’s Program in Refugee and Asylum Law. These Guidelines are the product of that endeavor, and reflect the consensus of Colloquium participants on how decision makers can best ensure the application of Article 1(F)(a) in a manner that conforms to international legal …


Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh Apr 2011

Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh

Michigan Journal of International Law

The creation of the Special Court for Sierra Leone (SCSL or the Court) in early 2002 generated high expectations within the international community. The SCSL was generally deemed to herald a new model or benchmark for the assessment of future ad hoc international criminal courts. As the Court completes the trial of former Liberian President Charles Taylor in The Hague-its last-nine years later, this Article offers an early and broad assessment of whether it has fulfilled its promise. More specifically, this Article examines whether the SCSL has achieved, or more accurately-because its trials are still ongoing-whether it is achieving justice. …


An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton Jan 2011

An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton

Michigan Journal of International Law

The responsibility to protect, from its recent nativity in the 2001 report of the International Commission on Intervention and State Sovereignty (ICISS), is the latest round in an old debate pitting the principle of nonintervention in the internal affairs of states against allowing such intervention to prevent gross and systematic violations of human rights. Advocates for the concept see it as an important new commitment by the international community, injecting new meaning into the tragically threadbare promise to never again allow mass atrocities to occur unchallenged. ICISS offered the concept of responsibility to protect as a new way to confront …


Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall Jan 2009

Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall

Michigan Journal of International Law

This Article embraces one of two contested understandings of what a failure to punish entails. On the first understanding, a military commander's failure to punish is construed solely as a dereliction of duty. Accordingly, his failure to punish constitutes a separate offense from the underlying atrocity that his troops have committed. The failure to punish is, then, a substantive offense in its own right. On a second understanding, for which I argue here, the failure to punish renders the commander criminally liable for the atrocity itself, even if he neither ordered nor even knew about the atrocity before its occurrence. …


Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski Jan 2005

Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski

Michigan Journal of International Law

This Note will suggest that the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) can use Karadzic's texts and affectations to warrior poetry in the pretrial brief and in admitted evidence, if and when Karadzic ultimately appears for trial. The violent nationalism of radio broadcasts, political journals, speeches, interviews, and manifestos have been fair game for the Office of the Prosecutor to make their cases in the last decade in both the Yugoslavia and Rwanda Tribunals. Why should poetry, perhaps the most powerful maker of myth and in the Yugoslavia context, a great mover …


The Promise Of Truth Commissions In Times Of Transition, Mariah Jackson Christensen Jan 2002

The Promise Of Truth Commissions In Times Of Transition, Mariah Jackson Christensen

Michigan Journal of International Law

Review of Unspeakable Truths: Confronting State Terror and Atrocity by Priscilla B. Hayner


The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand Jan 1998

The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand

Michigan Journal of International Law

On the night of May 2, 1997, some twenty-five abandoned Serb houses were set on fire in the Croat-controlled municipality of Drvar, part of the Muslim-Croat Federation of Bosnia and Herzegovina. It was clear from all the circumstances that Croats organized the arson of houses in Drvar to obstruct the return of the original Serb residents to the area. Croat authorities then made a concerted effort to resettle displaced Croats in Drvar in order to solidify a stretch of "ethnically-pure" territory adjacent to the Republic of Croatia. These displaced Bosnian Serbs are just a few of the estimated 2.3 million …


Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann Jan 1995

Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann

Michigan Journal of International Law

The scope of this article, like the one to which it responds, is limited. It does not purport to resolve any question relating to the municipal law of the United States, such as the interpretation of the Foreign Sovereign Immunities Act. Instead, it considers the problem from a purely international law perspective. Furthermore, it does not indulge in a complete description of attempts made by the Federal Republic of Germany to pay compensation - as far as feasible - for all the blatant human rights violations committed by Nazi Germany in the period 1933-1945.


The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd Jan 1995

The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd

Michigan Journal of International Law

The aim of this article is neither to condemn departures from jus cogens nor to engage in verbal gymnastics designed to obfuscate the fact that the international community is treating or will treat "peremptory norms" as moralisms irrelevant in practical terms. Rather, this article seeks to show that the problem lies in the concept of jus cogens itself. More specifically, the article intends to make the case that the concept is intellectually indefensible - at best useless and at worst harmful in the practical conduct of international relations.