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Full-Text Articles in Criminal Law
The Icc And Non-Party States: Consistency And Consensus Revisited, Chimène I. Keitner
The Icc And Non-Party States: Consistency And Consensus Revisited, Chimène I. Keitner
Georgia Journal of International & Comparative Law
No abstract provided.
Defense Issues At The International Criminal Court, Megan A. Fairlie
Defense Issues At The International Criminal Court, Megan A. Fairlie
Georgia Journal of International & Comparative Law
No abstract provided.
The Rome Statute: Global Justice And The Asymmetries Of Recognition, Hans Lindahl
The Rome Statute: Global Justice And The Asymmetries Of Recognition, Hans Lindahl
Indiana Journal of Global Legal Studies
Given the emergence of challenges that are increasingly global in nature, and given the irreducible contingency of state borders, it would seem that justice must become global justice: justice that takes shape through a legal order that holds for all of humanity and everywhere. But is justice for all and everywhere possible? At issue, in this question, is not a rearguard defense of the state and state law. Instead, the question concerns the globality of global law and global justice. Is any legal order possible, global or otherwise, that organizes itself as an inside without an outside, that is, which …
Context At The International Criminal Court, Hassan Ahmad
Context At The International Criminal Court, Hassan Ahmad
Pace International Law Review
In this article, I propose a contextual approach to ICC jurisdiction normatively to be adopted by the Court’s Office of the Prosecutor and Pre-Trial Chamber in investigating and eventually prosecuting crimes under the Rome Statute. Under this contextual approach, I contend that both the Prosecutor and Pre-Trial Chamber are able to consider evidence outside the traditional notions of territorial and temporal jurisdiction to conceptualize a conflict in its entirety. The totality of cross-border and inter-temporal evidence should be considered when deciding whether to investigate attacks that the Prosecutor has a reasonable basis to believe fall within the Court’s jurisdiction. Procedurally, …
Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner
Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner
Georgia Journal of International & Comparative Law
No abstract provided.
Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin
Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin
Georgia Journal of International & Comparative Law
No abstract provided.
Child Protection In Times Of Conflict And Children And International Criminal Justice, Kerry L. Neal
Child Protection In Times Of Conflict And Children And International Criminal Justice, Kerry L. Neal
Georgia Journal of International & Comparative Law
No abstract provided.
Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone
Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone
Georgia Journal of International & Comparative Law
No abstract provided.
Children And International Criminal Justice, Fatou Bensouda
Children And International Criminal Justice, Fatou Bensouda
Georgia Journal of International & Comparative Law
No abstract provided.
The International Criminal Court's Unjustified Jurisdiction Claims: Libya As A Case Study, Jennifer Nimry Eseed
The International Criminal Court's Unjustified Jurisdiction Claims: Libya As A Case Study, Jennifer Nimry Eseed
Chicago-Kent Law Review
The International Criminal Court (ICC) is a treaty-based court that functions to end impunity for perpetrators of the gravest crimes that concern the international community. As of July 1, 2012, 121 have countries ratified the Rome Statute, the treaty governing the ICC, expressing their acceptance of the Court’s jurisdiction. The ICC is fully independent from the United Nations, yet the Rome Statute problematically allows for the United Nation’s Security Council to refer an issue to the ICC, whether or not the issue relates to a country that has ratified the treaty. This Note uses the 2011 conflict in Libya to …
The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting
The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting
Pepperdine Dispute Resolution Law Journal
On July 18, 2000, as part of the Annual Meeting of the American Bar Association, an all star cast of American and English lawyers gathered in the Common Room of the Law Society of England and Wales in London to simulate oral argument before the International Criminal Court ("ICC"). The fictitious proceedings involved a head of state, President Luis Medema, charged with genocide, war crimes and crimes against humanity. The prosecutors and defense counsel engaged in lively oral argument before the Trial Chamber in the context of three critical issues: (1) jurisdiction of the ICC over citizens of non-state parties; …
Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall
Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall
Human Rights Brief
No abstract provided.
From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar
From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar
San Diego International Law Journal
The purpose of this study is to examine the past and present contours of the prohibition of "crimes against humanity", analyzing and scrutinizing the essential elements of this crime, with a view to obtaining and drawing together basic criteria that could eventually guide the adjudication of this offence. Furthermore, this clarification of "crimes against humanity" is particularly timely with respect to the soon functioning International Criminal Court (ICC).
Corporate War Criminals And The International Criminal Court: Blood And Profits In The Democratic Republic Of Congo, Julia Graff
Corporate War Criminals And The International Criminal Court: Blood And Profits In The Democratic Republic Of Congo, Julia Graff
Human Rights Brief
No abstract provided.
Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld
Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld
Michigan Journal of International Law
This Article explores the advancement of the international crime of sexual slavery, from its initial inclusion in the Rome Statute of the International Criminal Court through further development in the delineation of the ICC's Elements of Crime document. This Article begins with a detailed exploration of the negotiation process that led to the inclusion of the crime of sexual slavery in the Rome Statute. The first Section describes the decision to include both sexual slavery and enforced prostitution as crimes, as well as the debate on listing sexual slavery as a crime separate from that of enslavement. Next, the Section …
Continuing Crimes In The Rome Statute, Alan Nissel
Continuing Crimes In The Rome Statute, Alan Nissel
Michigan Journal of International Law
One of the most ambitious goals of the International Criminal Court is to balance the ideal of ending impunity with the legalistic protection of the accused from the arbitrary application of law. Accordingly, the main task of this Article will be to determine when continuing crimes will fall under the jurisdiction of the International Criminal Court according to the established primary and secondary sources of international law-i.e., within the rule of law.
Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet
Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet
Michigan Journal of International Law
This Note will examine problems that arise from the language of the Rome Statute itself. Part II will examine the potential strategic uses of the Rome Statute's jurisdictional aspects. It will also examine how the fairness concerns raised by this potential usage are exacerbated when the potential State abuser is a permanent member of the Security Council. Part III will look at the language of the Rome Statute's definition of crimes against humanity. It will also examine the various and varying interpretations of this language by the scholars and commentators who have examined the issue.
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
Michigan Journal of International Law
This paper examines the principal legal and political effects of the Rome Statute on non-parties. In particular, it explores the significance of the creation of a new powerful international institution for all members of the international community. It discusses the jurisdictional reach of the ICC which will inevitably affect all States. This paper also analyzes possible application of some provisions of the Rome Statute to non-States Parties in so far as these may reflect or generate customary international law. It suggests that despite the traditional principle of treaty law, according to which treaties do not bind Third States, the Rome …
Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David
Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David
Michigan Journal of International Law
This article analyzes the American objections to the Statute. Part I describes the historical precedents for a permanent international criminal court and the drafting process undertaken. Part I concludes with a summary of the sections of the Statute which are implicated by the American objections. These statutory sections include the Statute's definitions of crimes, the role of the Prosecutor, the Court's anticipated relationship with the U.N. Security Council, and the Court's anticipated jurisdiction over states not party to the Statute. Part II selects three recent or current instances where the United States has used armed force, and analyzes the claims …