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Articles 1 - 8 of 8
Full-Text Articles in Criminal Law
The Obligation To Establish Sentences For Torture That Are Commensurate With The Gravity Of The Offense, Daniel O'Donnell
The Obligation To Establish Sentences For Torture That Are Commensurate With The Gravity Of The Offense, Daniel O'Donnell
Buffalo Human Rights Law Review
No abstract provided.
Genocide Denial And The Law: A Critical Appraisal, Paul Behrens
Genocide Denial And The Law: A Critical Appraisal, Paul Behrens
Buffalo Human Rights Law Review
Genocide denial carries particular relevance for international law: it is the negation of international crimes, and it can prepare the ground for new crimes of this kind. But its criminalization raises concerns as well. The danger of a clash with human rights, particularly with the freedom of ex- pression, cannot be dismissed lightly. This article explores reasons for and repercussions of the criminalization of denial. It also investigates alterna- tives, including the use of truth and reconciliation, and evaluates methods that focus on direct confrontation of the deniers.
Jurisdiction, Treaties, And Due Process, Roberto Iraola
Jurisdiction, Treaties, And Due Process, Roberto Iraola
Buffalo Law Review
No abstract provided.
Of Shrines, Memorials And Museums: Using The International Criminal Court's Victim Reparation And Assistance Regime To Promote Transitional Justice, Frédéric Mégret
Of Shrines, Memorials And Museums: Using The International Criminal Court's Victim Reparation And Assistance Regime To Promote Transitional Justice, Frédéric Mégret
Buffalo Human Rights Law Review
This article reviews and critically assesses the Rome Statute's complex victim reparation and assistance regime. The regime is a dual one, characterized by its reliance both on reparations ordered by the International Criminal Court and assistance provided by the Trust Fund for Victims. Both approaches raise a series of quantitative, qualitative, scope and contextual problems which are very imperfectly answered at present. In particular, there is a risk that the broader needs of transitional justice will be omitted as falling neither under "reparations" or "assistance." Rather than address the issue of the best reparations/assistance regime in the abstract, this article …
The Analogy Between Piracy And Human Trafficking: A Theoretical Framework For The Application Of Universal Jurisdiction, Miriam Cohen
The Analogy Between Piracy And Human Trafficking: A Theoretical Framework For The Application Of Universal Jurisdiction, Miriam Cohen
Buffalo Human Rights Law Review
Universal jurisdiction is a doctrine by which States can assert jurisdiction over certain clearly circumscribed offenses that occur outside their territory and without any nexus to the nationality of the victim or the alleged perpetrator. The doctrine was originally developed to address piracy that occurred on the high seas. Because piracy occurred across international borders, thus impacting international navigation and commerce, it was seen as a threat to many, if not all nations. The justification for asserting universal jurisdiction over piracy was primarily based on the locus of the crime, its effect on many States, and its alleged heinous nature. …
International Standards For The Promotion And Protection Of Children's Rights: American And South African Dimensions, Johan D. Ven Der Vyver
International Standards For The Promotion And Protection Of Children's Rights: American And South African Dimensions, Johan D. Ven Der Vyver
Buffalo Human Rights Law Review
No abstract provided.
Transplant Justice?: The Efficacy Of A Purely Common Law Concept In The International Criminal Forum, Theresa Marie Clark
Transplant Justice?: The Efficacy Of A Purely Common Law Concept In The International Criminal Forum, Theresa Marie Clark
Buffalo Human Rights Law Review
No abstract provided.
The International Covenants On Human Rights: An Approach To Interpretation, Parvez Hassan
The International Covenants On Human Rights: An Approach To Interpretation, Parvez Hassan
Buffalo Law Review
No abstract provided.