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Articles 1 - 12 of 12
Full-Text Articles in Law
Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi
Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi
International Law Studies
No abstract provided.
Rule Of Law Capacity Building In Iraq, Richard Pregent
Rule Of Law Capacity Building In Iraq, Richard Pregent
International Law Studies
No abstract provided.
Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein
Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein
International Law Studies
No abstract provided.
Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker
Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker
International Law Studies
No abstract provided.
The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh
The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh
International Law Studies
No abstract provided.
Stateless Crimes, Legitimacy, And International Criminal Law: The Case Of Organ Trafficking, Leslie Francis, John Francis
Stateless Crimes, Legitimacy, And International Criminal Law: The Case Of Organ Trafficking, Leslie Francis, John Francis
Utah Law Faculty Scholarship
Organ trafficking—coercion for the purpose of removal of organs (United Nations 2000; GTZ 2004)—is recognized as a significant international problem. Yet unlike sex trafficking or trafficking in children, it is largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. It does not come within the jurisdiction of the ICC, except in very special cases such as when it is conducted in a manner that conforms to the definitions of genocide or crimes against humanity. Although the United States Code characterizes trafficking as “a transnational crime with national implications,” (22 U.S.C. …
Joint Criminal Enterprise And The Jurisdiction Of The Extraordinary Chambers In The Courts Of Cambodia, Randle C. Defalco
Joint Criminal Enterprise And The Jurisdiction Of The Extraordinary Chambers In The Courts Of Cambodia, Randle C. Defalco
Randle C DeFalco
No abstract provided.
Outsourcing Investigations, Elena Baylis
Outsourcing Investigations, Elena Baylis
Articles
This article addresses the International Criminal Court’s reliance on third-party investigations in the absence of its own international police force. In addition to cooperation from sometimes reluctant states, the ICC and other international criminal tribunals have come to rely on a network of NGOs and UN entities focused on postconflict justice work to provide critical evidence. This reliance raised problems in the ICC Office of the Prosecutor's first case against Thomas Lubanga. The use of third-party evidence raises questions regarding confidentiality and disclosure, the integrity of the evidence-gathering process, and the equality of arms between the prosecution and the defense. …
Breaking New Ground In International Criminal Law And Philosophy, Michelle Dempsey
Breaking New Ground In International Criminal Law And Philosophy, Michelle Dempsey
Michelle Madden Dempsey
This is a book review of Larry May and Zachary Hoskins, eds., International Criminal Law and Philosophy (Cambridge University Press, 2010).
Push The Envelope –Watch It Bend: Removing The Policy Requirement And Extending Crimes Against Humanity, Matt Halling
Push The Envelope –Watch It Bend: Removing The Policy Requirement And Extending Crimes Against Humanity, Matt Halling
Matt Halling
This article argues for amending the Rome Statute to remove the state or organizational policy requirement from the classification of crimes against humanity. After a brief look at the requirement itself, the article presents arguments to show how the policy loophole creates an accountability loophole in international criminal law, and how removing it both resolves inconsistencies in the Rome statute and facilitates prosecutions for international crimes. The article’s final section examines and responds to leading arguments for keeping the policy requirement. The article is intended to show how the policy requirement limits international criminal law’s scope in unwelcome ways and …