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Articles 1 - 13 of 13

Full-Text Articles in Law

Jus Ad Pacem In Bello? Afghanistan, Stability Operations, And The International Law Relating To Armed Conflicts, David Turns Aug 2009

Jus Ad Pacem In Bello? Afghanistan, Stability Operations, And The International Law Relating To Armed Conflicts, David Turns

International Law Studies

No abstract provided.


Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn Aug 2009

Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn

International Law Studies

No abstract provided.


International Legal Dynamics And The Design Of Feasible Missions: The Case Of Afghanistan, W. Michael Reisman Aug 2009

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 Aug 2009

The International Legality Of Us Military Cross-Border Operations From Afghanistan Into Pakistan, Sean D. Murphy

International Law Studies

No abstract provided.


Law Of War Issues In Ground Hostilities In Afghanistan, Gary D. Solis Aug 2009

Law Of War Issues In Ground Hostilities In Afghanistan, Gary D. Solis

International Law Studies

No abstract provided.


Schisms In Humanitarianism: The Khmer Rouge Tribunal's First Hearing, Mahdev Mohan May 2009

Schisms In Humanitarianism: The Khmer Rouge Tribunal's First Hearing, Mahdev Mohan

Research Collection Yong Pung How School Of Law

Mass atrocity invokes humanitarian impulses in all of us. But when a genocidaire casts himself as a victim, the right response is less straightforward. This article analyzes a recent hearing of one of Cambodia's most feared Khmer Rouge cadres who stands trial before a newly established hybrid tribunal and suggests the consequences of responding to war crime trials with polemics rather than principle.


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 absence …


Much Ado About Non-State Actors: The Vanishing Relevance Of State Affiliation In International Criminal Law, John Cerone Mar 2009

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 …


Jurisdiction And Admissibility Before The International Criminal Court, Joseph Davids Jan 2009

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.


System Criminality In International Law: Conclusions And Outlook, André Nollkaemper, Harmen Van Der Wilt Jan 2009

System Criminality In International Law: Conclusions And Outlook, André Nollkaemper, Harmen Van Der Wilt

André Nollkaemper

No abstract provided.


Defending International Sentencing: Past Criticism To The Promise Of The Icc, Marisa R. Bassett Jan 2009

Defending International Sentencing: Past Criticism To The Promise Of The Icc, Marisa R. Bassett

Human Rights Brief

No abstract provided.


System Criminality In International Law: Introduction, André Nollkaemper Dec 2008

System Criminality In International Law: Introduction, André Nollkaemper

André Nollkaemper

No abstract provided.


The Clash Of Commitments At The International Criminal Court, Tom Ginsburg Dec 2008

The Clash Of Commitments At The International Criminal Court, Tom Ginsburg

Tom Ginsburg

This paper considers the International Criminal Court’s recent indictment of Sudanese President Omar al-Bashir in light of what it characterizes as a clash of commitments. Weak states sign on to the ICC to commit to prosecuting their opponents and so need relatively certain prosecution; the ICC has a similar interest in assuring that prosecutions go forward without regard to political considerations. Yet sometimes states and the international community need to make another form of commitment, namely a commitment not to prosecute. These competing imperatives cannot easily co-exist, and the indictment of al-Bashir brings them into direct conflict. The long delay …