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- International criminal law (4)
- International Criminal Court (3)
- International courts (3)
- Complementrity and Security Council referrals and International Criminal Court (2)
- Complementrity--International Criminal Court (2)
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- Crimes against humanity (2)
- ICC (2)
- International law (2)
- Iraqi Special Tribunal (2)
- Legitimacy--Iraqi Special Tribunal (2)
- Referrals--International Criminal Court (2)
- Terrorism (2)
- Acts and declarations of co-conspirators under international criminal courts (1)
- Acts and declarations of co-conspirators under international criminal law (1)
- Aggression and Iraqi Special Tribunal (1)
- Aggression and defenses and international criminal law (1)
- Aggression and international criminal law (1)
- Al-Dujayl and atrocities and criminal culpability and Saddam Hussein and Iraqi Special Tribunal (1)
- And customary international law and international criminal law (1)
- Anfal and Iraqi Special Tribunal (1)
- Anfal and genocide and Special Tribunal for Iraq (1)
- Anfal and international criminal law (1)
- Article 15(B)(4) and joint criminal enterprise (1)
- Atrocity law and self defense and international law (1)
- Attorneys and raising issues in a timely manner (1)
- Buffer zones and Anfal and international law (1)
- Collective responsibility (1)
- Common purpose--international criminal law (1)
- Constitutionality of the Iraqi Speciial Tribunal (1)
- Counsel competency--national legal standards; counsel competency--international legal standards (1)
Articles 1 - 30 of 41
Full-Text Articles in Criminal Law
Reclaiming Fundamental Principles Of Criminal Law In The Darfur Case, George P. Fletcher, Jens David Ohlin
Reclaiming Fundamental Principles Of Criminal Law In The Darfur Case, George P. Fletcher, Jens David Ohlin
Cornell Law Faculty Publications
According to the authors, the Report of the UN Commission of Inquiry on Darfur and the Security Council referral of the situation in Darfur to the International Criminal Court (ICC) bring to light two serious deficiencies of the ICC Statute and, more generally, international criminal law: (i) the systematic ambiguity between collective responsibility (i.e. the responsibility of the whole state) and criminal liability of individuals, on which current international criminal law is grounded, and (ii) the failure of the ICC Statute fully to comply with the principle of legality. The first deficiency is illustrated by highlighting the notions of genocide …
Plea Bargaining At The Hague, Julian A. Cook
Plea Bargaining At The Hague, Julian A. Cook
Scholarly Works
Plea bargaining has come to The Hague. For most of its existence, the International Criminal Tribunal for the Former Yugoslavia (ICTY) shunned plea bargains. However, under pressure from United Nations member states and the impending deadline for the resolution of its caseload, the ICTY has increasingly relied on plea bargains in recent months. This Article exposes the deficiencies in guilty plea procedures at The Hague, particularly those designed to assess whether a plea is fully informed and voluntary. In a series of case studies, the Article argues that judicial questioning techniques have exploited the vulnerable state of defendants appearing before …
Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S., Malvina Halberstam
Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S., Malvina Halberstam
Faculty Articles
No abstract provided.
Victim And Witness Provisions Of The Icc Compared To Other International Tribunals, Colin Mclaughlin
Victim And Witness Provisions Of The Icc Compared To Other International Tribunals, Colin Mclaughlin
War Crimes Memoranda
No abstract provided.
Can The International Criminal Court Hold Multinational Corporations Liable For Human Rights Abuses?, Cara Tenenbaum
Can The International Criminal Court Hold Multinational Corporations Liable For Human Rights Abuses?, Cara Tenenbaum
War Crimes Memoranda
No abstract provided.
Assuming That The Principle Of Complementarity Applies To Security Council Referrals To The Icc, How Should The Icc Assess Whether The Sudan’S Investigative And Prosecution Efforts Meet The Complementarity Principle?, Helen Sullivan
War Crimes Memoranda
No abstract provided.
Can Terrorist Acts Be Considered Crimes Against Humanity Or War Crimes?, Bradley Olson
Can Terrorist Acts Be Considered Crimes Against Humanity Or War Crimes?, Bradley Olson
War Crimes Memoranda
No abstract provided.
Can The Iraqi Federal Judiciary Hear Issues On Appeal, That First Arise In An Iraqi Special Tribunal Proceeding? / Is The Denial Of The Right To Appeal To A Nation’S Highest Federal Court A Violation Of Human Rights Norms?, Pratheep Sevanthinathan
Can The Iraqi Federal Judiciary Hear Issues On Appeal, That First Arise In An Iraqi Special Tribunal Proceeding? / Is The Denial Of The Right To Appeal To A Nation’S Highest Federal Court A Violation Of Human Rights Norms?, Pratheep Sevanthinathan
War Crimes Memoranda
No abstract provided.
Head Of State Immunity And Its Applications In The Prosecution Against The Former Ba’Athish Regime Of Saddam Hussein, Lisa F. Levy
Head Of State Immunity And Its Applications In The Prosecution Against The Former Ba’Athish Regime Of Saddam Hussein, Lisa F. Levy
War Crimes Memoranda
No abstract provided.
The Admissibility Of Acts And Declarations Of A Co-Conspirator In International Criminal Law, Allison L. Carr
The Admissibility Of Acts And Declarations Of A Co-Conspirator In International Criminal Law, Allison L. Carr
War Crimes Memoranda
No abstract provided.
The Criminal Culpability Of The Defendants And Saddam Hussein In Connection With The Treatment Of The People Of The Village Of Al-Dujayl, Prathima C. Reddy
The Criminal Culpability Of The Defendants And Saddam Hussein In Connection With The Treatment Of The People Of The Village Of Al-Dujayl, Prathima C. Reddy
War Crimes Memoranda
No abstract provided.
The Ma’Dan (Marsh Arabs) And What Constitutes A Crime Against Humanity Through Environmental Attacks, Shane A. Brinkman
The Ma’Dan (Marsh Arabs) And What Constitutes A Crime Against Humanity Through Environmental Attacks, Shane A. Brinkman
War Crimes Memoranda
No abstract provided.
The Principle Of Legality And The Iraqi Special Tribunal, Sumit Sud
The Principle Of Legality And The Iraqi Special Tribunal, Sumit Sud
War Crimes Memoranda
No abstract provided.
Were The Atrocities Committed By Saddam Hussein Against The Citizens Of Al-Dujail, In Response To A Failed Assassination Attempt In 1982, Justified As A Lawful Exercise Of Self Defense Under International Law?, Eric Reeves
War Crimes Memoranda
No abstract provided.
What Are The Contours Of The Crime Of Aggression In International Law As It Would Apply To The Iraqi Attack On Iran And Iraqi Attack On Kuwait? What Defenses Are Uniquely Available With Respect To This Crime?, Katherine Mowat
War Crimes Memoranda
No abstract provided.
With Reference To The Specific Crimes That Have Been Charged In The Indictments Issued By The Special Court For Sierra Leone, To What Extent Do The Elements Of Crimes Of The International Criminal Court Reflect Customary International Law As It Existed At The Time Material To The Indictments? In Other Words, To What Extent Are The Elements Of Crimes Of The International Criminal Court A Reliable Guide As To The Elements Of The Crimes Charged By The Special Court For Sierra Leone? In Cases Where The Elements Of Crimes Of The International Court Depart From Pre-Existing Customary International Law, What Are The Elements Of Crimes That Should Be Applied?, Christopher G. Kuhn
War Crimes Memoranda
No abstract provided.
Pluralizing International Criminal Justice, Mark A. Drumbl
Pluralizing International Criminal Justice, Mark A. Drumbl
Scholarly Articles
This Review Essay of Philippe Sands' (ed.) From Nuremberg to the Hague (2003) explores a number of controversial aspects of the theory and praxis of international criminal law. The Review Essay traces the extant heuristic of international criminal justice institutions to Nuremberg and posits that the Nuremberg experience suggests the need for modesty about what criminal justice actually can accomplish in the wake of mass atrocity. It also explores the place of one person's guilt among organic crime, the reality that international criminal law may gloss over criminogenic conditions in its pursuit of individualized accountability, the possibility of group sanction …
Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl
Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl
Scholarly Articles
There is a recent proliferation of courts and tribunals to prosecute perpetrators of genocide, war crimes, and crimes against humanity. The zenith of this institution-building is the permanent International Criminal Court, which came into force in 2002. Each of these new institutions rests on the foundational premise that it is appropriate to treat the perpetrator of mass atrocity in the same manner that domestic criminal law treats the common criminal. The modalities and rationales of international criminal law are directly borrowed from the domestic criminal law of those states that dominate the international order. In this Article, I challenge this …
Did The Transitional Assembly Have The Constitutional Powers To Revise The Statute Of The Iraqi Special Tribunal Without Amending The Law Of Administration For The State Of Iraq For The Transitional Period (Tal)?, James T. Tsai
War Crimes Memoranda
No abstract provided.
Did The Execution Of Baghdad Merchants In July Of 1992 Amount To Any Crimes Within The Jurisdiction Of The Iraqi Special Tribunal?, Pratheep Sevanthinathan
Did The Execution Of Baghdad Merchants In July Of 1992 Amount To Any Crimes Within The Jurisdiction Of The Iraqi Special Tribunal?, Pratheep Sevanthinathan
War Crimes Memoranda
No abstract provided.
The Contours Of The Common Purpose / Joint Criminal Enterprise Doctrine Under The Jurisprudence Of The International Tribunals And Article 15(B)(4) Of The Ist Statute, Ruth Mary Hackler
The Contours Of The Common Purpose / Joint Criminal Enterprise Doctrine Under The Jurisprudence Of The International Tribunals And Article 15(B)(4) Of The Ist Statute, Ruth Mary Hackler
War Crimes Memoranda
No abstract provided.
How Will The Negotiation History Of The Rome Conference And Jurisprudence Of Ad Hoc Tribunals Aid The International Criminal Court In Its Interpretation Of The Gender-Related Provisions Unique To The Rome Statute?, Joshua Joseph
War Crimes Memoranda
No abstract provided.
What Are The Rules Of National And International Law Regarding The Duty Of Counsel To Raise Issues In A Timely Manner?, Susan Cohen
War Crimes Memoranda
No abstract provided.
After Saddam Hussein’S Trial Begins, What Restrictions, If Any, Can The Supreme Iraqi Criminal Tribunal Place On Both Hussein And His Defense Counsel To Prevent Or Punish Statements Made In Or Out Of Court Inciting The Insurgency In Iraq?, Nicolette Lee
War Crimes Memoranda
No abstract provided.
The Legitimacy Of The Establishment Of The Iraqi Special Tribunal, Erin Page
The Legitimacy Of The Establishment Of The Iraqi Special Tribunal, Erin Page
War Crimes Memoranda
No abstract provided.
Whether The Anfal Operations Constitude Genocide, Jessica L. Doinidis
Whether The Anfal Operations Constitude Genocide, Jessica L. Doinidis
War Crimes Memoranda
No abstract provided.
Immediate Application Of Amendments To The Rules Of Procedure And Evidence Under Rule 6(D) And The Rights Of The Accused, Sean A. Stevens
Immediate Application Of Amendments To The Rules Of Procedure And Evidence Under Rule 6(D) And The Rights Of The Accused, Sean A. Stevens
War Crimes Memoranda
No abstract provided.
Analyze The Judgment Of The Prosecutor V. Brdjanin From The Icty Re: Joint Criminal Enterprise. How Does This Holding Affect The Future Use Of Joint Criminal Enterprise?, Hilary Garon Brock
Analyze The Judgment Of The Prosecutor V. Brdjanin From The Icty Re: Joint Criminal Enterprise. How Does This Holding Affect The Future Use Of Joint Criminal Enterprise?, Hilary Garon Brock
War Crimes Memoranda
No abstract provided.
Can The Former Iraqi Leaders Responsible For The Establishment Of The Revolutionary Command Council Court And The Ministry Of Interior Special Court, As Well As The Members Of Those Courts Themselves, Be Properly Tried For Crimes Within The Jurisdiction Of The State Of The Iraqi Special Tribunal?, James Zink
War Crimes Memoranda
No abstract provided.
Does The Principle Of Complementarity Apply To Security Council Referrals To The Icc?, Reid Perry Swayze
Does The Principle Of Complementarity Apply To Security Council Referrals To The Icc?, Reid Perry Swayze
War Crimes Memoranda
[The Sudan Claims That it Does and Seeks to Block the ICC from Investigating and Prosecuting Cases Related to the Darfur by Instituting its Own Investigation and Prosecution]