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- Case Western Reserve Journal of International Law (5)
- Faculty Publications (3)
- American University Journal of Gender, Social Policy & the Law (2)
- Human Rights & Human Welfare (2)
- Human Rights Brief (2)
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- International Law Studies (2)
- Articles (1)
- Cornell Law Faculty Publications (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Joseph Davids (1)
- Law Faculty Articles and Essays (1)
- Marco A. Velásquez-Ruiz (1)
- San Diego International Law Journal (1)
- Scholarly Articles (1)
- Villanova Law Review (1)
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Articles 1 - 25 of 25
Full-Text Articles in Law
International Legal Dynamics And The Design Of Feasible Missions: The Case Of Afghanistan, W. Michael Reisman
International Legal Dynamics And The Design Of Feasible Missions: The Case Of Afghanistan, W. Michael Reisman
International Law Studies
No abstract provided.
The International Legality Of Us Military Cross-Border Operations From Afghanistan Into Pakistan, Sean D. Murphy
The International Legality Of Us Military Cross-Border Operations From Afghanistan Into Pakistan, Sean D. Murphy
International Law Studies
No abstract provided.
Meta-Theory Of International Criminal Procedure: Vindicating The Rule Of Law, Jens David Ohlin
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 absence …
Much Ado About Non-State Actors: The Vanishing Relevance Of State Affiliation In International Criminal Law, John Cerone
Much Ado About Non-State Actors: The Vanishing Relevance Of State Affiliation In International Criminal Law, John Cerone
San Diego International Law Journal
Much has been made recently of the deficiencies of international law in grappling with violence perpetrated by non-state actors. From transnational terrorist networks to private security contractors (PSCs), organizations that are not officially part of the apparatus of any state are increasingly engaged in protracted episodes of intense violence, giving rise to questions of accountability under international law. Does international law provide rules applicable to such conduct? While the repression of crime, especially that perpetrated by non-state actors, has traditionally been left to the internal law of states, most international jurists will point to the ancient rules of international law …
Report Of The Cleveland Experts Meeting: The International Criminal Court And The Crime Of Aggression, Experts Meeting
Report Of The Cleveland Experts Meeting: The International Criminal Court And The Crime Of Aggression, Experts Meeting
Case Western Reserve Journal of International Law
No abstract provided.
Conceptualizing Aggression, Noah Weisbord
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.
Bringing The Crime Of Aggression Within The Active Jurisdiction Of The Icc, Donald M. Ferencz
Bringing The Crime Of Aggression Within The Active Jurisdiction Of The Icc, Donald M. Ferencz
Case Western Reserve Journal of International Law
No abstract provided.
Transcript: Jurisdictional And Trigger Mechanisms, Mark S. Ellis
Transcript: Jurisdictional And Trigger Mechanisms, Mark S. Ellis
Case Western Reserve Journal of International Law
No abstract provided.
Ambiguities In Articles 5(2), 121 And 123 Of The Rome Statute, Roger S. Clark
Ambiguities In Articles 5(2), 121 And 123 Of The Rome Statute, Roger S. Clark
Case Western Reserve Journal of International Law
No abstract provided.
A Pragmatic Approach To Jurisdictional And Definitional Requirements For The Crime Of Aggression In The Rome Statute, David Scheffer
A Pragmatic Approach To Jurisdictional And Definitional Requirements For The Crime Of Aggression In The Rome Statute, David Scheffer
Case Western Reserve Journal of International Law
No abstract provided.
Jurisdiction And Admissibility Before The International Criminal Court, Joseph Davids
Jurisdiction And Admissibility Before The International Criminal Court, Joseph Davids
Joseph Davids
This paper analyses issues of jurisdiction and admissibility before the ICC in cases of self-referrals. The paper looks to the rules of procedure, the treaty and pragmatic considerations in an attempt to predict how the court would rule where a defendant challenges admissibility in a case that was self-referred but the referring State begins an investigation in to the crime.
The Principles Of Distinction And Proportionality Under The Framework Of International Criminal Responsibility -Content And Issues-, Marco A. Velásquez-Ruiz
The Principles Of Distinction And Proportionality Under The Framework Of International Criminal Responsibility -Content And Issues-, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
This article seeks to illustrate how the Principles of Distinction and Proportionality, coming from a branch of primary rules (International Humanitarian Law) have a relevant influence on the modern system of international criminal responsibility, consecrated in the Statute of the International Criminal Court, ICC. It is found that even if the latter contains provisions –war crimes– reproaching conducts due to their indiscriminate character, there are gaps related with the meaning and extension of such criminal conducts; this problematic is explained on one hand, by the political reluctance of States to compromise their sovereignty, and the specificities of the punitive function …
The Push To Criminalize Aggression: Something Lost Amid The Gains?, Mark A. Drumbl
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 …
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Kara Karlson, Jennifer Goldsmith, Laura Jarvis, Megan Chapman
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Kara Karlson, Jennifer Goldsmith, Laura Jarvis, Megan Chapman
Human Rights Brief
No abstract provided.
Investigation And Prosecution Of Sexual And Gender-Based Crimes Before The International Criminal Court, Diane Lupig
Investigation And Prosecution Of Sexual And Gender-Based Crimes Before The International Criminal Court, Diane Lupig
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Regionalizing International Criminal Law?, Charles Chernor Jalloh
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 which aims …
No Way Out? The Question Of Unilateral Withdrawals Of Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd
No Way Out? The Question Of Unilateral Withdrawals Of Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd
Faculty Publications
Growing out of the authors' work for the International Criminal Court, which was sponsored by a grant from the Open Society Institute, No Way Out examines one of the most vexing legal questions facing the International Criminal Court - whether a State that has referred a case to the Court can subsequently withdraw its referral as part of a domestic peace agreement? The issue has arisen with respect to Uganda's interest in withdrawing its self-referral as part of a peace deal with the leaders of the Lord's Resistance Army. This article examines the Rome Statute, the drafting history, and the …
International Justice And International Politics: Intertwined Paths, David Penna
International Justice And International Politics: Intertwined Paths, David Penna
Human Rights & Human Welfare
A review of:
International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State Cooperation. By Victor Peskin. New York: Cambridge University Press, 2008. 272 pp.
and
Building the International Criminal Court. By Benjamin N. Schiff. New York: Cambridge University Press, 2008. 304 pp.
and
The Tokyo War Crimes Trial: The Pursuit of Justice in the Wake of World War II. By Yuma Totani. Cambridge, MA: Harvard University Asia Center / Harvard University Press, 2008. 335 pp.
Introductory Note To The International Criminal Court: Summary Of The Prosecutor's Application Under Article 58, Milena Sterio
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.
The International Criminal Court And The Prevention Of Atrocities: Predicting The Court's Impact, James F. Alexander
The International Criminal Court And The Prevention Of Atrocities: Predicting The Court's Impact, James F. Alexander
Villanova Law Review
No abstract provided.
Revisiting Human Rights In Latin America: Introduction, Christina Cerna
Revisiting Human Rights In Latin America: Introduction, Christina Cerna
Human Rights & Human Welfare
This Topical Research Digest on revisiting human rights in Latin America covers a wide range of subjects, both country specific and thematic, but has as its underlying theme the necessary protection of the human rights of vulnerable groups, whether they are women, children, lesbians, gay men, indigenous peoples, landless peasants, etc. This survey of literature on revisiting human rights in Latin America includes a rich selection of documents from international organizations, international human rights non-governmental organizations (NGOs) and a plethora of American and foreign journals.
Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sácouto, Katherine Cleary
Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sácouto, Katherine Cleary
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Ellie Stevenson, Jenn Goldsmith, Peter Tran, Alexia Brooks, Katherine Anne Cleary
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Ellie Stevenson, Jenn Goldsmith, Peter Tran, Alexia Brooks, Katherine Anne Cleary
Human Rights Brief
No abstract provided.
Ensuring Defense Counsel Competence At International Criminal Tribunals, Sonja B. Starr
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 …
Justice On The Ground: Can International Criminal Courts Strengthen Domestic Rule Of Law In Post-Conflict Societies?, Jane E. Stromseth
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 …