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Articles 1 - 16 of 16
Full-Text Articles in Law
The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale
The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale
Faculty Scholarship
The article focuses on uses Alien Tort Statute as a vehicle for litigating human rights abuses in both civil and criminal prosecutions in the U.S. Topics discussed include developments in International Criminal Law in addressing human rights violations; judicial attitudes that could affect the interpretation of the Trafficking Victim Protection Act; and Sosa v. Alvarez-Machain court case on the same.
Opposing International Justice: Kenya’S Integrated Backlash Strategy Against The Icc, Laurence R. Helfer, Anne E. Showalter
Opposing International Justice: Kenya’S Integrated Backlash Strategy Against The Icc, Laurence R. Helfer, Anne E. Showalter
Faculty Scholarship
The government of Kenya has employed a wide range of strategies to undermine the recently-dismissed prosecutions of President Uhuru Kenyatta and Deputy President William Ruto before the International Criminal Court (ICC). This Article argues that these strategies are part of an integrated backlash campaign against the ICC, one that encompasses seemingly unrelated actions in multiple global, regional and national venues. We identify three overarching themes that connect these diverse measures— politicizing complementarity, regionalizing political opposition, and pairing instances of cooperation and condemnation to diffuse accusations of impunity. By linking its discrete acts of opposition to these three themes, the government …
In Re Akhbar Beirut & Al Amin, Monica Hakimi
In Re Akhbar Beirut & Al Amin, Monica Hakimi
Faculty Scholarship
On August 29, 2016, the Special Tribunal for Lebanon (Tribunal) sentenced a corporate media enterprise and one of its employees for contemptuously interfering with the Tribunal’s proceedings in Ayyash, a prosecution concerning the February 2005 terrorist attack that killed former Lebanese Prime Minister Rafiq Hariri.1 The contempt decision is significant for two reasons: (1) it adopts an expansive definition of the crime of contempt to restrict a journalist’s freedom of expression; and (2) it is the first international judicial decision to hold a corporate entity criminally responsible.
The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing, Mark A. Summers
The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing, Mark A. Summers
Faculty Scholarship
No abstract provided.
Prosecuting Generals For War Crimes The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers
Prosecuting Generals For War Crimes The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers
Faculty Scholarship
No abstract provided.
The Problem Of Risk In International Criminal Law, Mark A. Summers
The Problem Of Risk In International Criminal Law, Mark A. Summers
Faculty Scholarship
No abstract provided.
The International Criminal Tribunal For Rwanda, Robert D. Sloane
The International Criminal Tribunal For Rwanda, Robert D. Sloane
Faculty Scholarship
This essay appears as the ninth chapter of The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Chiara Giorgetti ed., Brill, 2012). It covers the origin, establishment, organization, jurisdiction, and procedures of the International Criminal Tribunal for Rwanda (ICTR). It then explains and analyzes a selection of the ICTR’s significant contributions to international criminal jurisprudence, covering, in particular, the Akayesu; Kayishema & Ruzindana; Nahimana, Barayagwiza & Ngeze (“The Media Case”); and Baglishema cases. The issues therefore include, among others, specific intent in the definition of genocide, rape as a modality of genocide, jurisdiction to prosecute violations of Additional Protocol …
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, Kenneth S. Gallant
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, Kenneth S. Gallant
Faculty Scholarship
Judicial decisions of the International Criminal Court and other international criminal tribunals now serve as instances of practice and statements of opinio juris for the formation of customary international criminal law and customary international human rights law related to criminal law and procedure. In these areas of law and others, they are no longer “subsidiary” sources as that word is used in the International Court of Justice Statute, Art. 38. In the same fields of customary international law, other binding acts of international organizations, such as the UN Security Council, are also used as practice, and the statements of these …
Criminal Defence And The International Legal Personality Of The Individual, Kenneth S. Gallant
Criminal Defence And The International Legal Personality Of The Individual, Kenneth S. Gallant
Faculty Scholarship
Since the beginning of the Nuremberg trial, the status of the individual in international law has changed. This change is intimately connected with the right of defense in criminal proceedings, especially international criminal proceedings. Today, as a matter of right, the individual may make certain claims in international law, and especially international criminal law and international human rights law related to criminal procedure and substantive criminal law, without relying on a state to make them on his or her behalf. This article explores this development of the international legal personality of individuals. It also considers some of the limits of …
Extraordinary Crimes At Ordinary Times: International Justice Beyond Crisis Situations, Sonja Starr
Extraordinary Crimes At Ordinary Times: International Justice Beyond Crisis Situations, Sonja Starr
Faculty Scholarship
No abstract provided.
International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant
International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Genocide Politics And Policy: Conference Remarks, Madeline Morris
Genocide Politics And Policy: Conference Remarks, Madeline Morris
Faculty Scholarship
No abstract provided.
Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant
Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Universal Jurisdiction And U.S. Law, Curtis A. Bradley
Universal Jurisdiction And U.S. Law, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo
Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo
Faculty Scholarship
No abstract provided.
New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar
New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar
Faculty Scholarship
No abstract provided.