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Articles 1 - 7 of 7

Full-Text Articles in Law

Meta-Theory Of International Criminal Procedure: Vindicating The Rule Of Law, Jens David Ohlin Apr 2009

Meta-Theory Of International Criminal Procedure: Vindicating The Rule Of Law, Jens David Ohlin

Cornell Law Faculty Publications

International criminal procedure is in a second phase of development, moving beyond the common law/civil law dichotomy and searching for its sui generis theory. The standard line is that international criminal procedure has an instrumental value: it services the general goals of international criminal justice and allows punishment for violations of substantive international criminal law. However, international criminal procedure also has an important and often overlooked intrinsic value not reducible to its instrumental value: it vindicates the Rule of Law. This vindication is performed by adjudicating allegations of criminal violations that occurred during periods of anarchy characterized by the ...


The Push To Criminalize Aggression: Something Lost Amid The Gains?, Mark A. Drumbl Jan 2009

The Push To Criminalize Aggression: Something Lost Amid The Gains?, Mark A. Drumbl

Scholarly Articles

The International Criminal Court has jurisdiction over the crime of aggression, but the Rome Statute fails to define the crime. A Special Work- ing Group on the Crime of Aggression, however, has made considerable progress in developing a definition. The consensus that has emerged favors a narrow definition. Three characteristics animate this consensus: (1) that state action is central to the crime; (2) that acts of aggression involve inter- state armed conflict; and (3) that criminal responsibility attaches only to very top political or military leaders. This Article normatively challenges this consensus. I argue that expanding the scope of the ...


Conceptualizing Aggression, Noah Weisbord Jan 2009

Conceptualizing Aggression, Noah Weisbord

Faculty Publications

The special working group tasked by the International Criminal Court’s Assembly of States Parties to define the supreme international crime, the crime of aggression, has produced a breakthrough draft definition.

This paper analyzes the key concepts that make up the emerging definition of the crime of aggression by developing and applying a future-oriented methodology that brings together scenario planning and grounded theory. It proposes modifications and interpretations of the constituent concepts of the crime of aggression intended to make the definition sociologically relevant today and in the foreseeable future.


Ensuring Defense Counsel Competence At International Criminal Tribunals, Sonja B. Starr Jan 2009

Ensuring Defense Counsel Competence At International Criminal Tribunals, Sonja B. Starr

Articles

This article addresses the problem of incompetent representation by defense counsel in international criminal tribunals. According to the author, the ineffectiveness of a particular attorney may be attributable to a number offactors, including a lack of experience with international criminal law, unfamiliarity with the procedures of international criminal tribunals, and the simple failure to be fluent in the languages used by the court. Starr explains that the problem of incompetence persists because of obstacles to the recruitment, retention, and appointment of proficient defense lawyers, as well as the lack of administrative or judicial oversight concerning competence. The author points out ...


Regionalizing International Criminal Law?, Charles Chernor Jalloh Jan 2009

Regionalizing International Criminal Law?, Charles Chernor Jalloh

Faculty Publications

This article examines the initially cooperative but increasingly tense relationship between the International Criminal Court (ICC) and Africa. It assesses the various legal and political reasons for the mounting criticisms of the ICC by African governments, especially within the African Union (AU), following the indictment of incumbent Sudanese President Omar Hassan Al Bashir. The author situates the ICC within broader African efforts to establish more peaceful societies through the continent-wide AU. He submits that the ICC, by prosecuting architects of serious international crimes in Africa’s numerous conflicts, could contribute significantly to the continent’s fledgling peace and security architecture ...


Introductory Note To The International Criminal Court: Summary Of The Prosecutor's Application Under Article 58, Milena Sterio Jan 2009

Introductory Note To The International Criminal Court: Summary Of The Prosecutor's Application Under Article 58, Milena Sterio

Law Faculty Articles and Essays

Luis Moreno-Ocampo, Chief Prosecutor at the International Criminal Court (ICC), undertook a significant step in his office's investigation of the situation in Darfur, Sudan, on November 20, 2008, when he requested Pre-Trial Chamber I to issue an arrest warrant against three named individuals. These individuals, whose names have remained confidential, were commanders of rebel groups in Darfur that had carried out an attack on September 29, 2007 against African Union Mission in Sudan (AMIS) peacekeepers stationed at the Haskanita Military Group Site.


Justice On The Ground: Can International Criminal Courts Strengthen Domestic Rule Of Law In Post-Conflict Societies?, Jane E. Stromseth Jan 2009

Justice On The Ground: Can International Criminal Courts Strengthen Domestic Rule Of Law In Post-Conflict Societies?, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

The author examines how developments in international criminal law – including creation of the International Criminal Court and various hybrid tribunals – can have an impact on rule-of-law building efforts in post-conflict societies. Although trials of atrocity perpetrators primarily and appropriately focus on fairly trying the accused individuals, these processes also have a wider impact on public perceptions of justice and potentially can influence a society’s ability to embrace rule of law norms. The quality of outreach and capacity-building accompanying these trials may well have a decisive effect on whether these proceedings, on balance, strengthen or undermine public confidence in justice ...