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Full-Text Articles in Law
Prosecuting Starvation Crimes In Yemen's Civil War, Laura Graham
Prosecuting Starvation Crimes In Yemen's Civil War, Laura Graham
Case Western Reserve Journal of International Law
"This article will discuss whether the responsible parties for starvation in Yemen can be prosecuted under international criminal law (ICL) or international humanitarian law (IHL) for war crimes or crimes against humanity (CAH)."
Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio
Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio
Case Western Reserve Journal of International Law
Ahmad Al Faqi Al Mahdi, also known as Abon Tourab, was a member of the radical Islamic group Ansar Eddine, serving as one of four commanders during its brutal occupation of Timbuktu in 2012. The International Criminal Court (ICC) indicted Al Mahdi on several charges of war crimes, for intentional attacks against ten religious and historic buildings and monuments. All the buildings which Al Mahdi was charged with attacking had been under UNESCO protection, and most had been listed as world heritage sites. The case against Al Mahdi at the ICC unfolded relatively quickly and efficiently, from the official Malian …
Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz
Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz
Case Western Reserve Journal of International Law
At the 2015 Annual Meeting of the American Society of International Law, a U.S. policy statement on the crime of aggression was presented as part of a panel entitled "The ICC Crime of Aggression and the Changing International Security Landscape." This article examines current U.S. policy on the crime of aggression, highlighting the historic role that the U.S. played in establishing aggression as an international crime after World War II, and concludes that activation of ICC jurisdiction over the crime of aggression would be a significant step forward in the development of international law.
The Fission And Fusion In International Use Of Force: Relating Unlawful Use Of Force And The War Crime Of Disproportionate Force Not Justified By Miitary Necessity, Mbori Otieno, Emmah Wabuke, Smith Otieno
The Fission And Fusion In International Use Of Force: Relating Unlawful Use Of Force And The War Crime Of Disproportionate Force Not Justified By Miitary Necessity, Mbori Otieno, Emmah Wabuke, Smith Otieno
Case Western Reserve Journal of International Law
Jus ad bellum and jus in bello are not disparate in operation. There are several points of intersection in the two concepts, commencing with the context in which they apply, and further, in their interpretation of the general principles of proportionality and necessity. Although proportionality connotes divergent theoretical notions depending on the backdrop against which it is set, in practice, these notions are often fused together. However, points of fission (divergence) still persist. The best example of which is in the context of 'The Crime of Disproportionate Use of Force' where the difference between the two notions of 'proportionality' can …
Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris
Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris
Case Western Reserve Journal of International Law
War has forever been considered the utmost necessary evil. Nevertheless, international law has for some time sought to limit the right to wage war (jus ad bellum), as well as the means and methods employed amid war (jus in bello). Although these two branches of law now share humanitarian purposes the prevention of war and its effects -- they have generally been kept separate throughout history. However, confronted with widespread violations of jus in bello, resulting in appalling humanitarian disasters, some have suggested amending their relationship. This was notably sought at the Nuremberg Trials, where prosecutors failed to contend that …
Criminally Disproportionate Warfare: Aggression As A Contextual War Crime, Rachel E. Vanlandingham
Criminally Disproportionate Warfare: Aggression As A Contextual War Crime, Rachel E. Vanlandingham
Case Western Reserve Journal of International Law
International law has long recognized the general principle that an illegal act cannot produce legal rights. Yet, this principle of ex injuria jus non oritur is seemingly ignored in the uneasy relationship between the two international legal regimes most associated with war. A head of State can, for example, violate international law regulating the resort to armed force by ordering his military forces to illegally invade another country, yet he, through his military forces, simultaneously and subsequently benefits on the battlefield from the application of the separate body of international law regulating the actual conduct of war. The paradoxical benefit …
Public Enemy: The Public Element Of Direct And Public Incitement To Commit Genocide, Brendan Saslow
Public Enemy: The Public Element Of Direct And Public Incitement To Commit Genocide, Brendan Saslow
Case Western Reserve Journal of International Law
Direct and public incitement to commit genocide has been an international crime since the 1940s. The public element plays a role in each international incitement case, yet many scholars consider it straightforward and unworthy of attention. This article seeks to analyze jurisprudence, primarily developed at the International Criminal Tribunal for Rwanda, on how to determine whether inciting to commit genocide is public. This element is most problematic in cases involving speech through broadcast media such as television and radio. Moreover if ICTR case law informs future international criminal proceedings it may be an issue in a future genocide that involves …
A War Crimes Tribunal For Sri Lanka? Examining The Options Under International Law, Nihal Jayasinghe, Daley J. Birkett
A War Crimes Tribunal For Sri Lanka? Examining The Options Under International Law, Nihal Jayasinghe, Daley J. Birkett
Case Western Reserve Journal of International Law
No abstract provided.
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.
The Take Down: Case Studies Regarding "Lawfare" In International Criminal Justice: The West African Experience, David M. Crane
The Take Down: Case Studies Regarding "Lawfare" In International Criminal Justice: The West African Experience, David M. Crane
Case Western Reserve Journal of International Law
No abstract provided.
Finding Facts But Missing The Law: The Goldstone Report, Gaza And Lawfare, Laurie R. Blank
Finding Facts But Missing The Law: The Goldstone Report, Gaza And Lawfare, Laurie R. Blank
Case Western Reserve Journal of International Law
No abstract provided.
Lawfare: Where Justice Meets Peace, James Ogoola Hon.
Lawfare: Where Justice Meets Peace, James Ogoola Hon.
Case Western Reserve Journal of International Law
No abstract provided.
Transcript: Jurisdictional And Trigger Mechanisms, Mark S. Ellis
Transcript: Jurisdictional And Trigger Mechanisms, Mark S. Ellis
Case Western Reserve Journal of International Law
No abstract provided.
A Pragmatic Approach To Jurisdictional And Definitional Requirements For The Crime Of Aggression In The Rome Statute, David Scheffer
A Pragmatic Approach To Jurisdictional And Definitional Requirements For The Crime Of Aggression In The Rome Statute, David Scheffer
Case Western Reserve Journal of International Law
No abstract provided.
Discuss The Relationship Between Command Responsibility And Jce3. Address Specifically The Argument That If Jce3 Applies Then Any Acts Of Violence Committed By Service Members Against Civilians (Such As Rape) Will Be War Crimes Because Such Acts Are Foreseeable During War. Also Address Whether The Approach Of Applying Jce3 To War Crimes Dictates That Commanders Will Always Be War Criminals When Pursuing A War., Meredith Wood Bowen
War Crimes Memoranda
No abstract provided.
Atrocity Crimes Framing The Responsibility To Protect, David Scheffer
Atrocity Crimes Framing The Responsibility To Protect, David Scheffer
Case Western Reserve Journal of International Law
No abstract provided.
Truth Commissions: Between Impunity And Prosecution, Thomas Buergenthal Hon.
Truth Commissions: Between Impunity And Prosecution, Thomas Buergenthal Hon.
Case Western Reserve Journal of International Law
No abstract provided.
Breaking The Silence: Rape As An International Crime, Mark Ellis
Breaking The Silence: Rape As An International Crime, Mark Ellis
Case Western Reserve Journal of International Law
No abstract provided.
From The Exile Files: An Essay On Trading Justice For Peace, Michael P. Scharf
From The Exile Files: An Essay On Trading Justice For Peace, Michael P. Scharf
Faculty Publications
In the spring and summer of 2003, the United States offered exile in lieu of invasion and prosecution to two rogue leaders accused of committing international crimes - Iraqi President Saddam Hussein (who declined) and Liberian President Charles Taylor (who accepted). In this essay, the author argues that the offer to Hussein was inappropriate, as it violated international treaties requiring prosecution, but that the offer to Taylor was permissible under international law. The essay examines the costs and benefits of amnesty and exile-for-peace deals and the limited nature of the international duty to prosecute. Where the duty to prosecute does …
Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf
Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf
Case Western Reserve Journal of International Law
No abstract provided.
A View From The Trenches: The Special Court For Sierra Leone - The First Year, Bruce M. Mackay
A View From The Trenches: The Special Court For Sierra Leone - The First Year, Bruce M. Mackay
Case Western Reserve Journal of International Law
No abstract provided.
Personal Reflections On Nuremberg, Henry T. King Jr.
Personal Reflections On Nuremberg, Henry T. King Jr.
Case Western Reserve Journal of International Law
No abstract provided.
The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement, Paul R. Williams, Patricia Taft
The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement, Paul R. Williams, Patricia Taft
Case Western Reserve Journal of International Law
No abstract provided.
Building The Historic Record: Reporting On War Crimes And International Trials, David Freudberg
Building The Historic Record: Reporting On War Crimes And International Trials, David Freudberg
Case Western Reserve Journal of International Law
No abstract provided.
Arresting War Criminals: Mission Creep Or Mission Impossible, David Scheffer Amb.
Arresting War Criminals: Mission Creep Or Mission Impossible, David Scheffer Amb.
Case Western Reserve Journal of International Law
No abstract provided.
Prosecuting Rape As A War Crime, Richard J. Goldstone Hon.
Prosecuting Rape As A War Crime, Richard J. Goldstone Hon.
Case Western Reserve Journal of International Law
No abstract provided.
The Legacy Of Nuremberg, Henry T. King Jr.
The Legacy Of Nuremberg, Henry T. King Jr.
Case Western Reserve Journal of International Law
No abstract provided.
Prosecuting Crimes Of Sexual Violence In An International Tribunal, Peggy Kuo
Prosecuting Crimes Of Sexual Violence In An International Tribunal, Peggy Kuo
Case Western Reserve Journal of International Law
No abstract provided.
From Nuremberg To Rome: A Step Backward For U.S. Foreign Policy, Henry T. King, Theodore C. Theofrastous
From Nuremberg To Rome: A Step Backward For U.S. Foreign Policy, Henry T. King, Theodore C. Theofrastous
Case Western Reserve Journal of International Law
No abstract provided.
The Meaning Of Nuremberg, Henry T. King Jr.
The Meaning Of Nuremberg, Henry T. King Jr.
Case Western Reserve Journal of International Law
No abstract provided.