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Articles 1 - 11 of 11
Full-Text Articles in Law
Is There A New World Court?, Douglass Cassel
International Remedies In National Criminal Cases: Icj Judgment In Germany V. United States, Douglass Cassel
International Remedies In National Criminal Cases: Icj Judgment In Germany V. United States, Douglass Cassel
Douglass Cassel
In Germany v. United States (2001), the International Court of Justice ruled that the Vienna Convention on Consular Relations confers judicially enforceable rights on foreign nationals detained for prolonged periods or sentenced to severe penalties without notice of their right to communicate with their consulates. The Court also ruled that states which fail to give timely notice cannot later invoke procedural default to bar individuals from judicial relief. However, the Court did not clearly address other issues, such as requiring individuals to show prejudice to the outcome of the trial, or denial of certain remedies for Convention violations, which may …
The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel
The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel
Douglass Cassel
The United States was one of only seven nations to vote against the treaty. The ensuing debate within the United States has properly focused on whether the United States can and should ratify the treaty or, if not, whether as a non-party the United States should support or oppose the new court. Largely overlooked, however, are two separate but related questions: (1) should the existing, incomplete jurisdiction of U.S. courts over crimes within the ICC Statute be expanded to ensure that such crimes may also be prosecuted in U.S. courts, under universal jurisdiction or other bases allowed by international law?; …
The Rome Treaty For An International Criminal Court: A Flawed But Essential First Step, Douglass Cassel
The Rome Treaty For An International Criminal Court: A Flawed But Essential First Step, Douglass Cassel
Douglass Cassel
No abstract provided.
Introduction And Postscript: Partial Progress On Un Reform, Douglass Cassel
Introduction And Postscript: Partial Progress On Un Reform, Douglass Cassel
Douglass Cassel
No abstract provided.
A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel
A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel
Douglass Cassel
The international legal boundary between states; rights and human rights is not fixed. Long ago, the Permanent Court of International Justice - the judicial arm of the League of Nations and the precursor to the present International Court of Justice - recognized that "the question whether a certain matter is or is not solely within the jurisdiction of a State is an essentially relative question; it depends on the development of international relations." In recent decades international relations concerning both sovereignty and rights have developed quickly. An examination of those rights and the evolving realities of sovereignty are examined.
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Douglass Cassel
Amnesty guidelines modeled on international law as defined by Latin American tribunals and treaties should be adopted and used by the United Nations, the Organization of American States, and national governments involved in remedying human rights violations. The 10 guidelines are stringent and would rarely result in the granting of amnesty. They may better serve their function than treaties or customary laws be cause they are guidelines and not mandatory.
Does International Human Rights Law Make A Difference?, Douglass Cassel
Does International Human Rights Law Make A Difference?, Douglass Cassel
Douglass Cassel
No abstract provided.
Pretrial And Preventive Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel
Pretrial And Preventive Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel
Douglass Cassel
No abstract provided.
International Human Rights Law And Security Detention, Douglass Cassel
International Human Rights Law And Security Detention, Douglass Cassel
Douglass Cassel
This article analyzes the grounds, procedures, and conditions required by International Human Rights Law for preventive detention of suspected terrorists as threats to security. Such detention is generally permitted, provided it is based on grounds and procedures previously established by law; is not arbitrary, discriminatory, or disproportionate; is publicly registered and subject to fair and effective judicial review; and the detainee is not mistreated and is compensated for any unlawful detention. In Europe, however, preventive detention for security purposes is generally not permitted. If allowed at all, it is permitted only when a State in time of national emergency formally …
Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel
Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel
Douglass Cassel
No abstract provided.