Criminal Law Commons^™

Prosecuting Those Bearing 'Greatest Responsibility': The Lessons Of The Special Court For Sierra Leone, Charles Chernor Jalloh

Charles C. Jalloh

This Article examines the controversial article 1(1) of the Statute of the Special Court for Sierra Leone (SCSL) giving that tribunal the competence “to prosecute those who bear the greatest responsibility” for serious international and domestic crimes committed during the latter part of the notoriously brutal Sierra Leonean conflict. The debate that arose during the SCSL trials was whether this bare statement constituted a jurisdictional requirement that the prosecution must prove beyond a reasonable doubt or merely a type of guideline for the exercise of prosecutorial discretion. The judges of the court split on the issue. This paper is the …

Ending Impunity The Case For War Crimes Trials In Liberia, Charles Chernor Jalloh, Alhagi Marong

Charles C. Jalloh

This paper argues that Liberia owes a duty under international law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the various warring parties in the course of 14 years of brutal conflict. The authors evaluate the options for prosecution, starting with the possible use of Liberian courts. They argue that even if willing, the national courts are unable to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in …

The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown

Bartram Brown

"T.I.A" - This Is Africa - So Why The Icc?, Fletcher Miles

Fletcher V Miles Mr

Since its creation the International Criminal Court (“ICC”) has been under scrutiny and repeatedly criticised for judicial failure and imperial arrogance. At the heart of this criticism is the simple fact that the ICC prosecution list is made up exclusively of African states, which demonstrates a clear bias towards the African continent.

This paper addresses the key factors causing perceptions of bias while considering the extreme difficulties faced by the ICC in operating a judicial body within a politically driven international community. Fundamental issues introduce the background of the bias such as funding distribution, the skew of ICC jurisdiction, colonialism …

Accountability For System Criminality, Mark A. Drumbl

Mark A. Drumbl

Not available.

“Germans Are The Lords And Poles Are The Servants”: The Trial Of Arthur Greiser In Poland, 1946, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Impunity Writ Large: A Study Of Crimes Committed During Anti-Veerappan Operations, Saumya Uma

Dr. Saumya Uma

From Politics To Law, To Tedium, And Back, Mark Drumbl

Mark A. Drumbl

No abstract provided.

The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Developing An Effective Criminal Justice Response To Human Trafficking: Lessons From The Front Line, Anne T. Gallagher, Paul Holmes

Anne T Gallagher

Trafficking in persons now affects all regions and most countries of the world. Over the past decade, there has been increasing acceptance of the need for an effective, internationally coordinated response. However, the practical difficulties in realizing this goal are considerable. No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure, and principally through trial and error. While communication between national agencies on this issue is improving, there is still very little cooperation or cross-fertilization of ideas …