Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Case Western Reserve University School of Law (20)
- American University Washington College of Law (9)
- BLR (7)
- Georgetown University Law Center (2)
- Notre Dame Law School (2)
-
- University of Michigan Law School (2)
- University of San Diego (2)
- Washington and Lee University School of Law (2)
- Columbia Law School (1)
- Florida International University College of Law (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Pace University (1)
- Selected Works (1)
- SelectedWorks (1)
- UIC School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Oklahoma College of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of the Pacific (1)
- West Virginia University (1)
- Western University (1)
- William & Mary Law School (1)
- Keyword
-
- International Law (11)
- International Criminal Court (9)
- Criminal Law and Procedure (8)
- Human Rights Law (5)
- Human rights (5)
-
- International law (5)
- Civil Rights and Discrimination (4)
- Criminal law (4)
- International criminal law (4)
- Law and Society (4)
- Rome Statute (4)
- Terrorism (4)
- Comparative and Foreign Law (3)
- Constitutional Law (3)
- Crimes (3)
- International Criminal Tribunal (3)
- Self-defense (3)
- Tribunals (3)
- Women (3)
- Court rules (2)
- Courts (2)
- Criminal procedure (2)
- Domestic Relations (2)
- ICC (2)
- Immigration Law (2)
- International human rights (2)
- Jurisdiction (2)
- Juveniles (2)
- Legislation (2)
- Military, War and Peace (2)
- Publication
-
- War Crimes Memoranda (20)
- ExpressO (7)
- Human Rights Brief (5)
- Articles in Law Reviews & Other Academic Journals (3)
- Faculty Publications (2)
-
- Faculty Scholarship (2)
- Journal Articles (2)
- Michigan Journal of International Law (2)
- San Diego International Law Journal (2)
- Scholarly Articles (2)
- All Faculty Scholarship (1)
- Articles by Maurer Faculty (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law Publications (1)
- McGeorge School of Law Scholarly Articles (1)
- NYLS Law Review (1)
- Oklahoma Law Review (1)
- Paulo Barrozo (1)
- Saumya Uma (1)
- Scholarly Works (1)
- Sustainable Development Law & Policy (1)
- U.S. Supreme Court Briefs (1)
- UIC Law Review (1)
- West Virginia Law Review (1)
- Publication Type
Articles 1 - 30 of 62
Full-Text Articles in Criminal Law
International Criminal Court & India: Some Questions & Answers, Saumya Uma
International Criminal Court & India: Some Questions & Answers, Saumya Uma
Saumya Uma
This book was an outcome of an attempt to fill the “information gap” presently faced in making the ICC meaningful to civil society in India. It is based on questions that are frequently raised during workshops that the ICC-India campaign has conducted in various parts of the country. The contents of the book are in the form of questions and answers, and the book explains complex issues in a simple language. The publication is specially intended for Indian human rights organizations, activists and legal professionals engaged in campaigns on law and policy reform issues on human rights. This publication forms …
The Rise Of Managerial Judging In International Criminal Law, Maximo Langer
The Rise Of Managerial Judging In International Criminal Law, Maximo Langer
ExpressO
Abstract This article puts the procedure of the International Criminal Tribunal for the former Yugoslavia (ICTY) in a completely new and previously unexplored light. Rejecting the predominant view of ICTY procedure as a hybrid between the adversarial system of the U.S. and the inquisitorial system of civil law jurisdictions, this article shows that ICTY procedure is best described through a third procedural model that does not fit in either of the two traditional systems. This third procedural model is close to the managerial judging system that has been adopted in U.S. civil procedure. The article then explores some of the …
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
ExpressO
No abstract provided.
The Roadmap For Failure: Israeli And Palestinian Discountenance And Misunderstanding, John J. Marciano
The Roadmap For Failure: Israeli And Palestinian Discountenance And Misunderstanding, John J. Marciano
ExpressO
As tensions rise with the assassination of key Hamas figures, the situation in Israel and the Occupied Territories call out for committed, reasoned action. In the past, the peace process has consisted of half-hearted attempts to pacify both the Israeli and Palestinian populaces. This is exemplified by the recent Roadmap for peace, which was supported by the United States.
However, the lack of true dedication among the players has arguably resulted in crimes against humanity on both sides. The previous peace plans fail to recognize this, and have perpetuated the violence with cookie-cutter approaches that are not closely tailored to …
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).
Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack
Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack
San Diego International Law Journal
This Article touches on the choice of whether to use the language and tools of war or the language and tools of law enforcement in responding to terrorism. The principal focus, however, is on the limited issue of judicial review and military detentions. The Article reviews the case law created on this subject during the Civil War and World War II. Historical considerations are found by the author to be relevant and helpful in solving the incoherency of current legal responses to terrorism. For instance, indefinite military detention is not coherent with either the international law concept of violations of …
International Child Abductions: The Challenges Facing America , Charles F. Hall
International Child Abductions: The Challenges Facing America , Charles F. Hall
ExpressO
International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …
How About A Little Perspective? The Usa Patriot Act And The Use And Abuses Of History, Jeffrey A. Breinholt
How About A Little Perspective? The Usa Patriot Act And The Use And Abuses Of History, Jeffrey A. Breinholt
ExpressO
A historical analysis of the U.S. law enforcement response to threatened terrorism, showing that the USA PATRIOT and other modern counterterrorism methods are neither unpredecented nor unconstitutional and that U.S. courts remain a haven for persons who feel threatened by government actions taken in the name of national security.
Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf
Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf
ExpressO
No abstract provided.
After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares
After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares
ExpressO
This paper focuses on curtailing the corruption inherent in the lending practices of the IMF and, subsequently, preventing another economic disaster as has occurred in Argentina. In fact, if it is at all to succeed in future attempts to restore a state’s monetary and fiscal standing, the IMF should incorporate language of the Accounting and Record-keeping provisions of the U.S. Foreign Corrupt Practices Act into its loan agreement policies, thereby conditioning its loans upon transparency and good governance over borrowed funds. Part I of this article introduces corruption and its affect on international lending. Part II describes the IMF and …
Brief Of International Law And Jurisdiction Professors As Amici Curiae Supporting Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 12, 2004), Barry E. Carter
Brief Of International Law And Jurisdiction Professors As Amici Curiae Supporting Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 12, 2004), Barry E. Carter
U.S. Supreme Court Briefs
No abstract provided.
Was Bedeutet "Terrorismus?", Michael P. Malloy
Was Bedeutet "Terrorismus?", Michael P. Malloy
McGeorge School of Law Scholarly Articles
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
Law Publications
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 …
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Does Security Council Resolution 1503 That Calls For Referral Of Ictr And Icty Cases To National Jurisdictions (And Which Was Adopted, As Were The Icty And Ictr Statutes, Pursuant To Chapter 7 Of The Charter Of The United Nations, Expand The Jurisdiction Of These Nations Over The Relevant Crimes? If The Language Of The Resolution Is Inadequate, Can It Be Done By A More Explicit Security Council Resolution?, John T. Rotterman
War Crimes Memoranda
No abstract provided.
At The Trial Of An Accused Person, Whether The Fact That A Judge Has Written Critically About That Accused Before He Came To Be Appointed As Judge Impugns The Competence, Independence And Impartiality Of The Tribunal Of Which That Judge Forms A Part, Gregory D. Metrick
War Crimes Memoranda
No abstract provided.
According To The Special Court Statute, What Are The Elements Of The Following Crimes: A) Collective Punishment; (Art. 3b) B) Terrorism; (Art. 3d), Marissa R. Ducca
According To The Special Court Statute, What Are The Elements Of The Following Crimes: A) Collective Punishment; (Art. 3b) B) Terrorism; (Art. 3d), Marissa R. Ducca
War Crimes Memoranda
No abstract provided.
Forced Marriage As A Prosecutable Crime Against Humanity, Suzanne D. Mattler
Forced Marriage As A Prosecutable Crime Against Humanity, Suzanne D. Mattler
War Crimes Memoranda
No abstract provided.
Is There Authority For Allowing The Statement Of A Dead Witness As To The Acts And Conduct Of The Accused As Charged In The Indictment To Be Admitted In Evidence To The Ictr, Jonathan Luis-Lancho Van Balen
Is There Authority For Allowing The Statement Of A Dead Witness As To The Acts And Conduct Of The Accused As Charged In The Indictment To Be Admitted In Evidence To The Ictr, Jonathan Luis-Lancho Van Balen
War Crimes Memoranda
No abstract provided.
Hazing And Initiation Rites As International War Crimes, John R. Tullio
Hazing And Initiation Rites As International War Crimes, John R. Tullio
War Crimes Memoranda
No abstract provided.
Joint Criminal Enterprise - What Is The Degree Of Participation Required For Conviction? An Exhaustive Memo Of The Jurisprudence On Joint Criminal Enterprise., Christopher J. Knezevic
Joint Criminal Enterprise - What Is The Degree Of Participation Required For Conviction? An Exhaustive Memo Of The Jurisprudence On Joint Criminal Enterprise., Christopher J. Knezevic
War Crimes Memoranda
No abstract provided.
Is There A Basis For The Argument That The Detainees At Guantanamo Bay Are Entitled To Constitutional Protections?, Mark Pustay
Is There A Basis For The Argument That The Detainees At Guantanamo Bay Are Entitled To Constitutional Protections?, Mark Pustay
War Crimes Memoranda
No abstract provided.
The Effect Of The International Covenant Of Civil And Political Rights On The United States Of America, Monica E. Nussbaum
The Effect Of The International Covenant Of Civil And Political Rights On The United States Of America, Monica E. Nussbaum
War Crimes Memoranda
No abstract provided.
The Prosecutor’S Duty To Disclose Exculpatory Evidence To The Defense And The Method And Timing Of Such Disclosure, Matthew R. Roznovak
The Prosecutor’S Duty To Disclose Exculpatory Evidence To The Defense And The Method And Timing Of Such Disclosure, Matthew R. Roznovak
War Crimes Memoranda
No abstract provided.
To What Extent Can The Special Court For Sierra Leone Constitutionally Issue An Exterritorial Subpoena To A Non-Resident Witness To Testify Before The Court, Lukas M. Grabiec
To What Extent Can The Special Court For Sierra Leone Constitutionally Issue An Exterritorial Subpoena To A Non-Resident Witness To Testify Before The Court, Lukas M. Grabiec
War Crimes Memoranda
No abstract provided.
Whether The Referrals To The Icc By Uganda And The Democratic Republic Of Congo Violate The Principle Of Complementarity, Andrea Telloni
Whether The Referrals To The Icc By Uganda And The Democratic Republic Of Congo Violate The Principle Of Complementarity, Andrea Telloni
War Crimes Memoranda
No abstract provided.
The Reconcilability Of The Nahimana “Media Case” Decision For Direct And Public Incitement To Commit Genocide And Persecution As A Crime Against Humanity With U.S. Free Expression Law, Philip E. Hamilton
War Crimes Memoranda
No abstract provided.
'Lesser Evils' In The War On Terrorism, Mark A. Drumbl
'Lesser Evils' In The War On Terrorism, Mark A. Drumbl
Scholarly Articles
No abstract provided.
Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl
Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl
Scholarly Articles
This Article explores the role of rule of law in redressing crimes and human rights abuses committed against the women of Afghanistan. Mainstream discourse approaches the situation binarily, obliging women to choose between international and often distant human rights, on the one hand, or proximate cultural/religious norms, on the other, in order to adjudicate gender crimes. This can lead either to externalized justice or, in the case of the implementation of Afghan local law, to renewed victimization of women in the name of redressing abuses suffered by other women. Local law in Afghanistan is reflected in codes such as the …
Fighting Black Market And Oily Water: The Department Of Justice's National Initiatives To Combat Transnational Environmental Crime, Jim Rubin, Shata Stucky
Fighting Black Market And Oily Water: The Department Of Justice's National Initiatives To Combat Transnational Environmental Crime, Jim Rubin, Shata Stucky
Sustainable Development Law & Policy
No abstract provided.