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Full-Text Articles in Law
Reclaiming Fundamental Principles Of Criminal Law In The Darfur Case, George P. Fletcher, Jens David Ohlin
Reclaiming Fundamental Principles Of Criminal Law In The Darfur Case, George P. Fletcher, Jens David Ohlin
Cornell Law Faculty Publications
According to the authors, the Report of the UN Commission of Inquiry on Darfur and the Security Council referral of the situation in Darfur to the International Criminal Court (ICC) bring to light two serious deficiencies of the ICC Statute and, more generally, international criminal law: (i) the systematic ambiguity between collective responsibility (i.e. the responsibility of the whole state) and criminal liability of individuals, on which current international criminal law is grounded, and (ii) the failure of the ICC Statute fully to comply with the principle of legality. The first deficiency is illustrated by highlighting the notions of genocide …
An American Gulag? Human Rights Groups Test The Limits Of Moral Equivalency, Kenneth Anderson
An American Gulag? Human Rights Groups Test The Limits Of Moral Equivalency, Kenneth Anderson
Popular Media
This 2005 article from the Weekly Standard criticizes the 2005 Amnesty International report and associated press releases and press conferences referring to the Guantanamo Bay detention facility as an American gulag. It more broadly criticizes the human rights movement for wanting it both ways - on the one hand, using extraordinarily inflammatory rhetoric such as raising the spectre of Soviet death camps, while on the other hand, calling for that very same, apparently deeply criminal regime, the Bush administration, to perform the tasks of human rights enforcement that the human rights movement would like to see performed elsewhere in the …
Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S., Malvina Halberstam
Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S., Malvina Halberstam
Articles
No abstract provided.
A Collective Response To Mass Violence: Reparations And Healing In Cambodia, In Bringing The Khmer Rouge To Justice: Prosecuting Mass Violence Before The Cambodian Courts, Beth Van Schaack, Jaya Ramji-Nogales
A Collective Response To Mass Violence: Reparations And Healing In Cambodia, In Bringing The Khmer Rouge To Justice: Prosecuting Mass Violence Before The Cambodian Courts, Beth Van Schaack, Jaya Ramji-Nogales
Faculty Publications
This piece (authored by Jaya Ramji-Nogales) examines an area long neglected in current discussions of Khmer Rouge accountability-reparations for victims. It discusses the Khmer Rouge tribunal law's silence on this matter and presents several arguments, drawing on international human rights law, for the tribunal's awarding of reparations notwithstanding this textual blindspot. The chapter then reviews the various goals reparations can achieve-restitution, rehabilitation, and reconciliation; the types of reparations that can be awarded; and the mechanisms, individual versus collective, that can be used to distribute reparations. Turning to the Cambodian context, it emphasizes the need for a comprehensive study to understand …
Ending Impunity The Case For War Crimes Trials In Liberia, Charles Chernor Jalloh, Alhagi Marong
Ending Impunity The Case For War Crimes Trials In Liberia, Charles Chernor Jalloh, Alhagi Marong
Faculty Publications
This paper argues that Liberia owes a duty under international law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the various warring parties in the course of 14 years of brutal conflict. The authors evaluate the options for prosecution, starting with the possible use of Liberian courts. They argue that even if willing, the national courts are unable to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in …
Book Review Of Luc Reydams, Universal Jurisdiciton: International And Municipal Legal Perspectives (2003), David Luban
Book Review Of Luc Reydams, Universal Jurisdiciton: International And Municipal Legal Perspectives (2003), David Luban
Georgetown Law Faculty Publications and Other Works
Some crimes are so odious that committing them makes one hostis generis humani (an enemy of all mankind). Intuitively, the idea of a universal enemy implies the possibility of universal criminal jurisdiction (UCJ). As Luc Reydams notes, the notion of UCJ originated in the 16th century with Covarruvias, although the idea is better known through Grotius's famous assertion that every state has jurisdiction over "gross violations of the law of nature and of nations, done to other states and subjects" (De Jure Belli ac Pacis, AC Campbell trans., II.20.VII). For many years piracy was the only recognized UCJ crime, not …