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Full-Text Articles in Law
Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie
Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie
Faculty Publications
When one of the three judges hearing the case against Vojislav Šešelj at the International Tribunal for the former Yugoslavia (ICTY) was disqualified during the deliberations phase of the prosecution, many observers assumed that the multi-year trial would have to be re-heard. Instead, the ICTY opted to begin deliberations anew once a judge — who has not spent a single day participating in the proceedings — has familiarized himself with the trial record. This article demonstrates why the plan to proceed with a new judge is both procedurally illegitimate and markedly at odds with the ICTY’s statutory guarantee of a …
Miranda And Its (More Rights-Protective) International Counterparts, Megan A. Fairlie
Miranda And Its (More Rights-Protective) International Counterparts, Megan A. Fairlie
Faculty Publications
The goal of this article is to encourage the international legal community to revisit its unexamined acceptance of strategic communications. This can lead to a debate that, at a minimum, should prompt Court supporters — specifically civil society members — to think carefully before engaging in conduct that creates dangerous consequences for the ICC.