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Full-Text Articles in Law

Prosecuting Starvation Crimes In Yemen's Civil War, Laura Graham Jan 2020

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 Jan 2017

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2014

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 Jan 2012

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 Jan 2010

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 Jan 2010

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. Jan 2010

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 Jan 2009

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 Jan 2009

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 Jan 2007

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 Jan 2007

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. Jan 2007

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 Jan 2007

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 Jan 2006

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 Jan 2004

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 Jan 2003

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. Jan 2003

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 Jan 2003

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 Jan 2003

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. Jan 2003

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. Jan 2002

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. Jan 2002

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 Jan 2002

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 Jan 1999

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. Jan 1998

The Meaning Of Nuremberg, Henry T. King Jr.

Case Western Reserve Journal of International Law

No abstract provided.