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Full-Text Articles in Law
Legitimizing International Criminal Justice: The Importance Of Process Control, Nancy Amoury Combs
Legitimizing International Criminal Justice: The Importance Of Process Control, Nancy Amoury Combs
Michigan Journal of International Law
The last two decades have witnessed an astounding transformation of the international legal landscape as the international community has created a series of courts and tribunals to prosecute those accused of genocide, war crimes, and crimes against humanity. As a consequence of this international institution building, prosecutions are currently underway for crimes committed across the globe: in the former Yugoslavia, Bosnia, Sierra Leone, the Democratic Republic of the Congo, and Cambodia, among other places. These international criminal tribunals and particularly the first modern tribunal- the International Criminal Tribunal for the former Yugoslavia (ICTY)-have undergone two significant evolutions. One of these …
Choosing To Prosecute: Expressive Selection At The International Criminal Court, Margaret M. Deguzman
Choosing To Prosecute: Expressive Selection At The International Criminal Court, Margaret M. Deguzman
Michigan Journal of International Law
The International Criminal Court (ICC), an institution in its infancy, has had occasion to make only a relatively small number of decisions about which defendants and which crimes to prosecute. But virtually every choice it has made has been attacked: the first defendant, Thomas Lubanga, was not senior enough and the crimes with which he was charged-war crimes involving the use of child soldiers-were not serious enough; the Court should have investigated British soldiers for war crimes committed in Iraq; the ICC should not be prosecuting only rebel perpetrators in Uganda and the Democratic Republic of Congo; the Court's focus …
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto
Michigan Journal of Gender & Law
The question this Article poses is whether victim participation--one of the most recent developments in international criminal law--has increased the visibility of the actual lived experience of survivors of sexual and gender-based violence in the context of war, mass violence, or repression. Under the Rome Statute, victims of the world's most serious crimes were given unprecedented rights to participate in proceedings before the Court. Nearly a decade later, a similar scheme was established to allow victims to participate as civil parties in the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC or Extraordinary Chambers), a court created …