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Articles 1 - 6 of 6

Full-Text Articles in Law

International Criminal Courts And Fair Trials: Difficulties And Prospects, Jacob Katz Cogan Jan 2002

International Criminal Courts And Fair Trials: Difficulties And Prospects, Jacob Katz Cogan

Faculty Articles and Other Publications

The question "Can international criminal courts provide defendants with fair trials?" is one that has barely been posed, let alone answered. The realm of international criminal justice is distinguished from domestic criminal justice not simply because accountability and sovereignty weigh heavier in this context, but also because of the absence of an effective counterweight to check these interests. One approach to the fair trial issue focuses on the rights delineated in the tribunals' statutes, rules of procedure and evidence, and case law. A second approach to the problem of fair trials asks, instead, whether these international courts have the independence …


Judging The 11 September Terrorist Attack, Mark A. Drumbl Jan 2002

Judging The 11 September Terrorist Attack, Mark A. Drumbl

Scholarly Articles

Not available.


Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson Jan 2002

Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson

Presentations

Panel discussion.


The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii Jan 2002

The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii

Vanderbilt Journal of Transnational Law

This Note argues that despite theoretical criticisms, the prosecution of rape and sexual enslavement as crimes against humanity, by the International Criminal Tribunal for the former Yugoslavia (ICTY) fits within a larger, emerging picture of international legal jurisprudence. First, the ICTY built upon both its own prior decisions and the decisions of the International Criminal Tribunal for Rwanda (ICTR), especially Prosecutor v. Akayesu, in order to close gaps in the international legal conceptualizations of rape and enslavement, torture, war crimes, genocide and crimes against humanity. Second, building upon the example set by the ICTR, the ICTY broadened international protections of …


The International And Comparative Criminal Trial Project, Mark Findlay Jan 2002

The International And Comparative Criminal Trial Project, Mark Findlay

Research Collection Yong Pung How School Of Law

The International Criminal Trial Project (ICTP) has been in operation within the Centre for Legal Research (CLR), Nottingham Law school since January 2000. To date the project has succeeded in establishing a global network of scholars researching international and comparative criminal justice. The ICTP examines and compares trial processes and practice in a variety of local, regional and global contexts. The research incorporates particular evaluations of issues and relationships essential to the operation of trial process in different jurisdictions and stages of development. From the focus on the trial the project is producing knowledge about international and comparative criminal justice. …


Domesticating International Criminal Law: The German High Courts And Bosnian War Crimes, Russell Miller Dec 2001

Domesticating International Criminal Law: The German High Courts And Bosnian War Crimes, Russell Miller

Russell A. Miller

No abstract provided.