Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Case Western Reserve University School of Law (28)
- American University Washington College of Law (11)
- BLR (7)
- University of San Diego (3)
- Villanova University Charles Widger School of Law (3)
-
- UIC School of Law (2)
- Washington and Lee University School of Law (2)
- Brooklyn Law School (1)
- Cornell University Law School (1)
- Duke Law (1)
- Florida International University College of Law (1)
- Georgetown University Law Center (1)
- Notre Dame Law School (1)
- Selected Works (1)
- SelectedWorks (1)
- Southern Methodist University (1)
- UIdaho Law (1)
- University of Denver (1)
- University of Georgia School of Law (1)
- University of Michigan Law School (1)
- University of Oklahoma College of Law (1)
- William & Mary Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- International Law (9)
- Criminal Law and Procedure (8)
- International Criminal Court (8)
- International criminal law (8)
- Crimes against humanity (5)
-
- Human Rights Law (5)
- Comparative and Foreign Law (4)
- ICC (4)
- International law (4)
- Law and Society (4)
- Terrorism (4)
- Courts (3)
- International Criminal Tribunal (3)
- International courts (3)
- Judges (3)
- War crimes (3)
- Administrative Law (2)
- Complementrity and Security Council referrals and International Criminal Court (2)
- Complementrity--International Criminal Court (2)
- Conflict of Laws (2)
- Domestic Relations (2)
- Evidence (2)
- Human rights (2)
- ICTY (2)
- Immigration Law (2)
- International Court of Justice (2)
- Iraq (2)
- Iraqi Special Tribunal (2)
- Jurisdiction (2)
- Jurisprudence (2)
- Publication
-
- War Crimes Memoranda (28)
- ExpressO (7)
- Human Rights Brief (6)
- American University International Law Review (4)
- San Diego International Law Journal (3)
-
- Villanova Law Review (3)
- Faculty Publications (2)
- Faculty Scholarship (2)
- Scholarly Articles (2)
- Articles (1)
- Cornell Law Faculty Publications (1)
- Faculty Articles (1)
- Faculty Journal Articles and Book Chapters (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Human Rights & Human Welfare (1)
- Journal Articles (1)
- Lucian E Dervan (1)
- Michigan Law Review (1)
- Oklahoma Law Review (1)
- Saumya Uma (1)
- Scholarly Works (1)
- Sustainable Development Law & Policy (1)
- UIC John Marshall Journal of Information Technology & Privacy Law (1)
- UIC Law Review (1)
- Publication Type
- File Type
Articles 31 - 60 of 72
Full-Text Articles in Criminal Law
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 …
Hybrid Criminal Tribunals And The Concept Of Ownership: Who Owns The Process? , Phillip Rapoza
Hybrid Criminal Tribunals And The Concept Of Ownership: Who Owns The Process? , Phillip Rapoza
American University International Law Review
No abstract provided.
Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher
Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher
Human Rights Brief
No abstract provided.
Lessons Learned: Building On The Success Of The Current International Tribunal Framework To Develop The Next Era Of War Crimes Tribunals , Aryeh Neier
American University International Law Review
No abstract provided.
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]
The Potential Defense Of The Creation Of Buffer Zones As A Justice For The Anfal Operations, Elizabeth W. Young
The Potential Defense Of The Creation Of Buffer Zones As A Justice For The Anfal Operations, Elizabeth W. Young
War Crimes Memoranda
No abstract provided.
Prosecuting Plunder And Pillage Within The Framework Of Internal Armed Conflicts, Amanda J. Perkett
Prosecuting Plunder And Pillage Within The Framework Of Internal Armed Conflicts, Amanda J. Perkett
War Crimes Memoranda
No abstract provided.
What Limitations Are There On The Permissibility Of Public Statements Made By International Criminal Tribunal Prosecutors And Judges?, Megan Mackay Saucier
What Limitations Are There On The Permissibility Of Public Statements Made By International Criminal Tribunal Prosecutors And Judges?, Megan Mackay Saucier
War Crimes Memoranda
No abstract provided.
The Anti-Prostitution Pledge: Limiting Speech And Development , Rachael Moshman
The Anti-Prostitution Pledge: Limiting Speech And Development , Rachael Moshman
Sustainable Development Law & Policy
No abstract provided.
Ending Impunity The Case For War Crimes Trials In Liberia, Charles Chernor Jalloh, Alhagi Marong
Ending Impunity The Case For War Crimes Trials In Liberia, Charles Chernor Jalloh, Alhagi Marong
Faculty Publications
This paper argues that Liberia owes a duty under international law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the various warring parties in the course of 14 years of brutal conflict. The authors evaluate the options for prosecution, starting with the possible use of Liberian courts. They argue that even if willing, the national courts are unable to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in …
The Patriot Act And The Wall Between Foreign Intelligence And Law Enforcement, Richard Henry Seamon
The Patriot Act And The Wall Between Foreign Intelligence And Law Enforcement, Richard Henry Seamon
Articles
No abstract provided.
Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina
Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina
UIC Law Review
No abstract provided.
De Facto V. De Jure Equality In The International Criminal Tribunal For The Former Yugoslavia, Brianne Mcgonigle
De Facto V. De Jure Equality In The International Criminal Tribunal For The Former Yugoslavia, Brianne Mcgonigle
Human Rights Brief
No abstract provided.
Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks
Faculty Publications
No abstract provided.
Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai
Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai
Oklahoma Law Review
No abstract provided.
Enhancing The Status Of Non-State Actors Through A Global War On Terror?, Mary Ellen O'Connell
Enhancing The Status Of Non-State Actors Through A Global War On Terror?, Mary Ellen O'Connell
Journal Articles
Soon after September 11, President Bush declared a global war on terrorism and members of terrorist groups "combatants." These declarations are not only generally inconsistent with international law; they also reverse the trend regarding the legal status of international non-state actors. For decades, law-abiding non-state actors, such as international humanitarian aid organizations, enjoyed ever-expanding rights on the international plane. Professor Schachter observed how this trend came at the expense of the nation-state. He also predicted, however, that the nation-state would not fade away any time soon. And, by the late Twentieth Century, the trend toward enhanced status was noticeably slowing. …
Fighting International Crime And Its Financing: The Importance Of Following A Coherent Global Strategy Based On The Rule Of Law, Herbert V. Morais
Fighting International Crime And Its Financing: The Importance Of Following A Coherent Global Strategy Based On The Rule Of Law, Herbert V. Morais
Villanova Law Review
No abstract provided.
Co-Teaching International Criminal Law: New Strategies To Meet The Challenges Of A New Course, Stacy Caplow, Maryellen Fullerton
Co-Teaching International Criminal Law: New Strategies To Meet The Challenges Of A New Course, Stacy Caplow, Maryellen Fullerton
Faculty Scholarship
No abstract provided.