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Tribunal

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Full-Text Articles in Law

Una Mirada Adentro De La Republica Dominicana Despues De La Reforma Constitucional De 1994: Un Cambio Beneficioso, Ingrid Suarez Jan 2003

Una Mirada Adentro De La Republica Dominicana Despues De La Reforma Constitucional De 1994: Un Cambio Beneficioso, Ingrid Suarez

ILSA Journal of International & Comparative Law

Un Presidente estaba por encima de la ley. Una Legislatura pasarfa cualquier ley sin pensar en el impacto sobre sus ciudadanos.


The International Trial Of Slobodan Milosevic: Real Justice Or Realpolitik?, Michael P. Scharf Jan 2002

The International Trial Of Slobodan Milosevic: Real Justice Or Realpolitik?, Michael P. Scharf

ILSA Journal of International & Comparative Law

There were disquieting echoes of Nuremberg at the arraignment of Slobodan Milosevic in The Hague on July 3, 2001.


Why Barayagwiza Is Boycotting His Trial At The Ictr: Lessons In Balancing Due Process Rights And Politics, Mercedeh Momeni Jan 2001

Why Barayagwiza Is Boycotting His Trial At The Ictr: Lessons In Balancing Due Process Rights And Politics, Mercedeh Momeni

ILSA Journal of International & Comparative Law

On October 23, 2000, an eagerly anticipated joint trial, dubbed "the media trial," began at the United Nations International Criminal Tribunal for Rwanda (ICTR or Tribunal), in Arusha, Tanzania.'


Accountability And International Actors In Bosnia And Herzegovina, Kosovo And East Timor, Ralph Wilde Jan 2001

Accountability And International Actors In Bosnia And Herzegovina, Kosovo And East Timor, Ralph Wilde

ILSA Journal of International & Comparative Law

Current international involvement in Bosnia and Herzegovina, Kosovo and East Timor has two elements.


Antecedents Of The Rome Statute Of The International Criminal Court Revisited, Shabtai Rosenne Aug 2000

Antecedents Of The Rome Statute Of The International Criminal Court Revisited, Shabtai Rosenne

International Law Studies

No abstract provided.


Changing Hearts And Minds: The Domestic Influence Of International Tribunals, Belinda Cooper Jan 2000

Changing Hearts And Minds: The Domestic Influence Of International Tribunals, Belinda Cooper

ILSA Journal of International & Comparative Law

I have been observing events in Kosovo as someone interested not only in international tribunals, but also in German history, and especially in the way in which Germany has dealt with the legacies of World War I and the Holocaust.


Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith Jun 1999

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …


War Crimes And The Limits Of Legalism, Gary Jonathan Bass May 1999

War Crimes And The Limits Of Legalism, Gary Jonathan Bass

Michigan Law Review

In April 1945, Sir John Simon, Britain's Lord Chancellor, drew up a memorandum that was the last gasp in the diplomatic struggle against Nuremberg. Under American pressure, and despite British objections, the Allies were poised to agree to put the Axis leadership on trial for war crimes. In the kind of magnificent understatement that the British government could sometimes inadvertently achieve, it was entitled "The Argument for Summary Process against Hitler & Co." The memorandum was a series of arguments to be used by the British delegation at the San Francisco conference in a last-ditch effort to win over the …


Lessons From The Akayesu Judgement, Jose E. Alvarez Jan 1999

Lessons From The Akayesu Judgement, Jose E. Alvarez

ILSA Journal of International & Comparative Law

The judgment issued on September 2, 1998 by the International Criminal Tribunal for Rwanda (hereinafter ICTR) finding Jean-Paul Akayesu guilty on various charges of genocide and crimes against humanity is likely to please those who have long struggled for the progressive development and effective enforcement of international criminal law.


What Is - Why Is There - The Law Of War?, Leslie Green Sep 1998

What Is - Why Is There - The Law Of War?, Leslie Green

International Law Studies

No abstract provided.


The International Criminal Tribunal And Subpoenas For State Documents, Ruth Wedgewood Sep 1998

The International Criminal Tribunal And Subpoenas For State Documents, Ruth Wedgewood

International Law Studies

No abstract provided.


War Crimes In The Persian Gulf, Howard Levie Feb 1998

War Crimes In The Persian Gulf, Howard Levie

International Law Studies

Also published in 1996 Saint Louis-Warsaw Transatlantic LawJournal 153


An Analysis Of The Jurisdiction Of The International Criminal Tribunal For War Crimes In The Former Yugoslavia, Joshua M. Koran Jan 1998

An Analysis Of The Jurisdiction Of The International Criminal Tribunal For War Crimes In The Former Yugoslavia, Joshua M. Koran

ILSA Journal of International & Comparative Law

It is important not to confuse criminality with jurisdiction.' The term criminality is usually associated with the legislative authority to proscribe conduct.


Comments In The International Law Association Panel On The Yugoslav Tribunal: November 13, 1998, Theodor Meron Jan 1998

Comments In The International Law Association Panel On The Yugoslav Tribunal: November 13, 1998, Theodor Meron

ILSA Journal of International & Comparative Law

I have been asked to assess briefly the track record of the Yugoslav tribunal. I would like to mention three aspects: the tribunal as an institution; the tribunal as a court of law; and, finally, the contribution of the tribunal to deterrence of crimes and to reconciliation between the peoples of the region.


Judiciary Firmly Under Control In Fujimori's Peru, Cathleen Caron Jan 1998

Judiciary Firmly Under Control In Fujimori's Peru, Cathleen Caron

Human Rights Brief

No abstract provided.


Never Again: Questioning The Yugoslav And Rwanda Tribunals, Makau Wa Mutua Jan 1997

Never Again: Questioning The Yugoslav And Rwanda Tribunals, Makau Wa Mutua

Journal Articles

Fifty years after Nuremberg, the international community has again decided to experiment with international war crimes tribunals. The stated purpose for the establishment of both the Yugoslav and Rwanda Tribunals by the United Nations are to “put an end” to serious crimes such as genocide and to “take effective measures to bring to justice the persons who are responsible for them.” This piece argues that both assumptions are unrealistic and that such tribunals will have little or no effect on human rights violations of such enormous barbarity. In addition, this piece questions the motivations behind the formulation of the tribunals …


Trial Of The Century? Assessing The Case Of Dusko Tadic Before The International Criminal Tribunal For The Former Yugoslavia, Mark S. Zaid Jan 1997

Trial Of The Century? Assessing The Case Of Dusko Tadic Before The International Criminal Tribunal For The Former Yugoslavia, Mark S. Zaid

ILSA Journal of International & Comparative Law

It is more than bitter irony that nearly fifty years to the day after the International Military Tribunal in Nuremberg rendered its judgment, we are here today analyzing the first international war crimes trial held since the end of World War II.


An Assessment Of The Yugoslavia War Crimes Tribunal, Michael P. Scharf Jan 1996

An Assessment Of The Yugoslavia War Crimes Tribunal, Michael P. Scharf

ILSA Journal of International & Comparative Law

In May 1993, in response to the "ethnic cleansing" of some 250,000 Muslims in the former Yugoslavia, the Security Council adopted a resolution establishing the Yugoslavia Tribunal; in September 1993, the General Assembly elected the Tribunal's judges; and in July 1994, the Security Council appointed its Prosecutor.


Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley Jan 1994

Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley

Scholarly Works

Individual liability for war crimes is difficult to enforce and is unlikely to be accepted uniformly by states.

Individual criminal responsibility is the cornerstone of any international war crimes tribunal. Nuremberg Principle I provides that “[a]ny person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.” Acts by heads of state or other government officials, even if committed in an official capacity, may not constitute an immunity defense to or mitigate criminality. These officials, therefore, could also be held responsible for offenses committed pursuant to their orders. Additionally, liability for criminal …


The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley Jan 1992

The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley

Scholarly Works

Any inquiry into the merits of an international criminal court must start with resolving three basic issues:

1. Can the tribunal improve international cooperation in law enforcement, add to the capabilities of the various nations in matters of international criminal law, or contribute in any incremental way to the solution of international and transnational criminal law problems by improving the current practice and enhancing the effectiveness of all concerned?

2. Will the recommended system have a better or equal chance of operating as effectively as the best existing systems of national criminal justice?

3. Will the recommended system improve efficiency …


Legal Foundations Of International Relations, Manley O. Hudson Jan 1980

Legal Foundations Of International Relations, Manley O. Hudson

International Law Studies

No abstract provided.


Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie Jan 1979

Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie

International Law Studies

No abstract provided.


The International Rule Of Law, William W. Bishop Feb 1961

The International Rule Of Law, William W. Bishop

Michigan Law Review

In contrast with the previous lectures in this series on the Rule of Law, we are today not concerned with how the Rule of Law operates in a highly organized modem state like our own United States; but are turning instead to the world-wide community (or perhaps more properly international arena or international sphere of action, since the very word "community" may over-emphasize the degree of common sentiment!), in which the present role of the law is far less than within the state. Our first question is whether there is in fact any such thing as an international Rule of …