Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

International Law

2005

Institution
Keyword
Publication
Publication Type
File Type

Articles 31 - 60 of 72

Full-Text Articles in Criminal Law

Pluralizing International Criminal Justice, Mark A. Drumbl Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

Co-Teaching International Criminal Law: New Strategies To Meet The Challenges Of A New Course, Stacy Caplow, Maryellen Fullerton

Faculty Scholarship

No abstract provided.