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Full-Text Articles in Law
Genocide And Jurisdiction: Methods For Achieving Justice Domestically For The International Crimes In Darfur, Matthew N. Thomas
Genocide And Jurisdiction: Methods For Achieving Justice Domestically For The International Crimes In Darfur, Matthew N. Thomas
Matthew N. Thomas
The international community as a whole has been reluctant to take action against Sudan for the international crimes being committed in Darfur. However, individual nations, including the United States, have expressed a strong interest in taking proactive measures to achieve justice for those atrocities. Victims of the Sudanese conflict may achieve justice through the domestic courts of the United States. Civilly, the Alien Tort Statute provides a cause of action to foreign citizens for torts committed against them in violation of international law, while the exceptions to the Foreign Sovereign Immunity Act permit personal jurisdiction over individuals acting on behalf …
Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility, Dermot M. Groome
Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility, Dermot M. Groome
Dermot M Groome
Last February, the International Court of Justice issued a judgement adjudicating claims by Bosnia and Herzegovina that Serbia breached the 1948 Genocide Convention – the case marks the first time a state has made such claims against another. The alleged genocidal acts were the same as those that have been the subject of several criminal trials in the Yugoslav Tribunal. The judgment contained several landmark rulings – among them, the Court found that a state, as a state, could commit the crime of genocide and the applicable standard of proof for determining state responsibility is comparable to the standard used …
From Incitement To Indictment? Prosecuting Iran's President For Advocating Israel's Destruction And Piecing Together Incitement Law's Emerging Analytical Framework, Gregory S. Gordon
From Incitement To Indictment? Prosecuting Iran's President For Advocating Israel's Destruction And Piecing Together Incitement Law's Emerging Analytical Framework, Gregory S. Gordon
Gregory S. Gordon
On October 25, 2005, at an anti-Zionism conference in Tehran, Iran's President, Mahmoud Ahmadinejad, called for Israel to "be wiped off the face of the map" -- the first in a series of incendiary speeches arguably advocating liquidation of the Jewish state. Certain commentators argue that these speeches constitute direct and public incitement to commit genocide. This Article analyzes these arguments by examining the nature and scope of recent groundbreaking developments in incitement law arising from the Rwandan genocide prosecutions. For the first time in the legal literature, the Article pieces together an analytical framework based on principles derived from …
Incidents Of Genocide In India, Krishna Kumari Areti
Incidents Of Genocide In India, Krishna Kumari Areti
Krishna Kumari Areti prof
The author jots down the incidents of Genocide in India from the date of independence till date. India witnessed the first genocide at the time of partition immediately after the independence. The two-nation theory led to the division of the country and the Hindus in India and Muslims in Bengal migrated to their destined homelands. In this process several lives were lost on both sides and women were kidnapped and raped and at times murdered. In this article the mass murders and rapes of thousands of women at the time of partition was elaborately discussed. The then Hyderabad State underwent …
Genocide- An Offence Against Humanity, Krishna Kumari Areti
Genocide- An Offence Against Humanity, Krishna Kumari Areti
Krishna Kumari Areti prof
This article gives the definition of the crime in generic terms and in legal terms. A definition by UN insists that there must be mental element, meaning the “intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such and the physical element which include five acts described in sections a, b, c, d and e. They are killing members of the group, causing serious bodily injury or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in …
Intentional Destruction Of Cultural Heritage And International Law, Ana Filipa Vrdoljak
Intentional Destruction Of Cultural Heritage And International Law, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This note considers the impact of the ICTY jurisprudence and the 2003 UNESCO Declaration upon two discernible trends in the international law concerning cultural heritage. First, the dissolving of the divide between the protection afforded during period of armed conflict and peacetime. Second, the recognition of the importance of cultural heritage to subjects beyond the State in which it may be located: namely, humanity generally (including future generations), and non-state groups. These trends are complementary and reflect the increasing significance of the protection and promotion of cultural diversity in international law. Yet, they are also being met with significant trepidation …
Armed Resistance To The Holocaust, David B. Kopel
Armed Resistance To The Holocaust, David B. Kopel
David B Kopel
Contrary to myth of Jewish passivity, many Jews did fight back during the Holocaust. They shut down the extermination camp at Sobibor, rose up in the Warsaw Ghetto, and fought in the woods and swamps all over Eastern Europe. Indeed, Jews resisted at a higher rate than did any other population under Nazi rule. The experience of the Holocaust shows why Jews, and all people of good will, should support the right of potential genocide victims to possess defensive arms, and refutes the notion that violence is necessarily immoral.
In The Footsteps Of Raphael Lemkin, Michael Bazyler
In The Footsteps Of Raphael Lemkin, Michael Bazyler
Michael Bazyler
No abstract provided.