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Full-Text Articles in Criminal Law
Wrestling Tyrants: Do We Need An International Criminal Justice System?, Christopher L. Blakesley
Wrestling Tyrants: Do We Need An International Criminal Justice System?, Christopher L. Blakesley
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Prof. Christopher L. Blakesley delivered this keynote address at the Crimes Without Borders: In Search of an International Justice System Symposium, held at the McGeorge School of Law in the spring of 2016.
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
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Discussing terrorism in light of the September 11 atrocities is daunting. It requires one to wonder how to maintain an equilibrium in the face of a menace that wishes its own death as long as it flows from the slaughter of ‘the enemy.‘ How is it possible to combat this menace without falling into a trap of hatred or blind fear that leads to the use of terror to fight terrorism? The overarching issues relating to September 11, terrorism, and counter-terrorism include: whether oppression can provide any justification for that atrocity; similarly, whether that attack calls for or allows self-defense …
Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley
Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley
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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 …
Prosecuting And Defending Violations Of Genocide And Humanitarian Law: The International Tribunal For The Former Yugoslavia, Christopher L. Blakesley
Prosecuting And Defending Violations Of Genocide And Humanitarian Law: The International Tribunal For The Former Yugoslavia, Christopher L. Blakesley
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A symposium discussing the international war crimes tribunal for the former Yugoslavia, established by the United Nations Security Council’s . Christopher L. Blakesley discussed the procedural aspects of the War Crimes Tribunal.
International Year In Review: Developments In International Criminal Law, Christopher L. Blakesley
International Year In Review: Developments In International Criminal Law, Christopher L. Blakesley
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In this piece Professor Blakesley provides remarks on recent developments in International Criminal Law.