Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Case Western Reserve University School of Law (13)
- SelectedWorks (13)
- American University Washington College of Law (10)
- Cornell University Law School (4)
- Selected Works (4)
-
- University of Michigan Law School (3)
- Florida International University College of Law (2)
- New York Law School (2)
- Pace University (2)
- University of Pennsylvania Carey Law School (2)
- Vanderbilt University Law School (2)
- Washington and Lee University School of Law (2)
- Boston University School of Law (1)
- Brooklyn Law School (1)
- Georgetown University Law Center (1)
- Golden Gate University School of Law (1)
- Roger Williams University (1)
- Santa Clara Law (1)
- The Peter A. Allard School of Law (1)
- UIC School of Law (1)
- University at Buffalo School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pittsburgh School of Law (1)
- University of Richmond (1)
- University of San Diego (1)
- Western University (1)
- Keyword
-
- International Criminal Court (8)
- International Law (8)
- War crimes (6)
- Genocide (5)
- ICC (5)
-
- International criminal law (4)
- Comparative Law (3)
- Human Rights Law (3)
- International Criminal Law (3)
- Jurisdiction (3)
- Politics (3)
- Armed forces (2)
- Civil Rights (2)
- Conspiracy (2)
- Crimes against humanity (2)
- Elimination of Buddhist leadership as genocide (2)
- Extraordinary Chambers for the Courts of Cambodia (2)
- Free speech (2)
- Genocide--Cambodia (2)
- Genocide-ECCC (2)
- Hate speech (2)
- ICTR (2)
- ICTY (2)
- International Criminal Tribunal for the former Yugoslavia (ICTY) (2)
- International law (2)
- Internationalized Tribunals (2)
- Iraq (2)
- Other (2)
- Public Law and Legal Theory (2)
- Punishment (2)
- Publication
-
- War Crimes Memoranda (11)
- Human Rights Brief (7)
- Mubashshir Sarshar (6)
- Faculty Publications (5)
- Cornell Law Faculty Publications (4)
-
- C. Peter Erlinder (3)
- All Faculty Scholarship (2)
- American University International Law Review (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Faculty Scholarship (2)
- Michigan Journal of International Law (2)
- Prof. Eric Heinze, Queen Mary University of London (2)
- Scholarly Articles (2)
- All Faculty Publications (1)
- Antonin I. Pribetic (1)
- Articles (1)
- Articles & Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Book Chapters (1)
- Buffalo Human Rights Law Review (1)
- Daudi Mwita Nyamaka Mr. (1)
- Donna M. Hughes (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law Faculty Scholarship (1)
- Law Publications (1)
- Michelle Gallant (1)
- NYLS Law Review (1)
- Publications (1)
- Roozbeh (Rudy) B. Baker (1)
- San Diego International Law Journal (1)
- Publication Type
Articles 61 - 73 of 73
Full-Text Articles in Criminal Law
Intention, Torture, And The Concept Of State Crime, Aditi Bagchi
Intention, Torture, And The Concept Of State Crime, Aditi Bagchi
All Faculty Scholarship
Notwithstanding the universal prohibition against torture, and almost universal agreement that in order to qualify as torture, the act in question must be committed intentionally with an illicit purpose, the intentional element of torture remains ambiguous. I make the following claims about how we should interpret the intent requirement as applied to states. First, state intent should be understood objectively with reference to the apparent reasons for state action. The subjective motivation of particular state actors is not directly relevant. While we focus on subjective intent in the context of individual crime because of its relation to culpability and blameworthiness, …
Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt
Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
In this Article, I take up a focused analysis of the Uganda prosecutions, considering both the interpretive dilemmas facing the Court and the efforts of Prosecutor Luis Moreno-Ocampo to address them. Part I provides a summary of events leading to the LRA arrest warrants and the recent peace negotiations. Part II turns to the text of the Rome Statute, with a focus on Article 19's framework for complementary jurisdiction and the Article 53 dictate that “interests of justice” may trump the admissibility of investigations and cases that otherwise meet all relevant statutory criteria. Although the ICC is structured to give …
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Ellie Stevenson, Jenn Goldsmith, Peter Tran, Alexia Brooks, Katherine Anne Cleary
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Ellie Stevenson, Jenn Goldsmith, Peter Tran, Alexia Brooks, Katherine Anne Cleary
Human Rights Brief
No abstract provided.
Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin
Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article examines the U.K. and U.S. systems to determine what lessons, if any, the United States can learn from the United Kingdom's experience. Part I provides a background of the CCRC and the U.K. Court of Appeal, and describes how these two entities work in tandem with broad powers to investigate and correct miscarriages of justice in the United Kingdom. Part II takes an in-depth look at the Court of Appeal's decisions of CCRC referred cases and identifies five categories into which these decisions fall-- categories that exemplify the institutional mechanisms that facilitate review of miscarriages of justice. These …
For Love Of Country And International Criminal Law, Zeid Ra'ad Zeid Al-Hussein
For Love Of Country And International Criminal Law, Zeid Ra'ad Zeid Al-Hussein
American University International Law Review
No abstract provided.
For Love Of Country And International Criminal Law, Further Reflections, David Scheffer
For Love Of Country And International Criminal Law, Further Reflections, David Scheffer
American University International Law Review
No abstract provided.
Self-Representation In The International Arena: Removing A False Right Of Spectacle, Eugene Cerruti
Self-Representation In The International Arena: Removing A False Right Of Spectacle, Eugene Cerruti
Articles & Chapters
Recent historical scholarship has demonstrated that the practice of self-representation at common law was developed and promoted not to secure a valued right to the accused but rather to compromise the defendant’s ability to present an effective defense - by denying him an effective right to be represented by counsel. The Supreme Court in Faretta v. California stood this history on its head in order to read into the Sixth Amendment an implied right to self-representation equal to the now preeminent right to counsel. The Faretta doctrine was carelessly adopted yet has been resolutely defended by the Supreme Court, to …
The Chameleon Court: The Changing Face Of The Icc, Michael A. Newton
The Chameleon Court: The Changing Face Of The Icc, Michael A. Newton
Vanderbilt Law School Faculty Publications
An International Criminal Court (ICC) that routinely overrides the good faith reasoning of domestic officials would inevitably face a crisis of confidence and cooperation. The practice of complementarity may well be the fulcrum supporting the Court's long-term legitimacy; and this principle is all the more important because it is designed to provide intellectual leverage to move non-States Parties towards treaty accession. The early practice of the ICC, however, indicates that the model of a healthy and cooperative synergy between the Court and domestic states is in danger of being replaced by a model of competition. The plain text of art …
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Gaelic Goetz: A Case Of Self-Defense In Ireland, Stacy Caplow
The Gaelic Goetz: A Case Of Self-Defense In Ireland, Stacy Caplow
Faculty Scholarship
No abstract provided.
Commentary: International Prosecution Of Heads Of State For Genocide, War Crimes, And Crimes Against Humanity, 43 J. Marshall L. Rev. Xxv (2009), Hans Corell
UIC Law Review
No abstract provided.
Cyber Crimes And Effectiveness Of Laws In India To Control Them, Mubashshir Sarshar
Cyber Crimes And Effectiveness Of Laws In India To Control Them, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Chatterjee V. Ontario: Property, Crime And Civil Proceedings, Michelle Gallant
Chatterjee V. Ontario: Property, Crime And Civil Proceedings, Michelle Gallant
Michelle Gallant
This paper examines the decision in Chatterjee v. Ontario (Attorney General), which upheld the constitutionality of provincial legislation permitting the pursuit of civil actions in response to criminal activity. The legislation in question, Ontario's Civil Remedies Act, enabled the pursuit of money remedies for criminal activities through civil legal proceedings. The Supreme Court of Canada in Chatterjee examined whether or not provincial legislation permitting civil actions for breaches of the federal Criminal Code was ultra vires provincial jurisdiction. This paper provides an overview and an analysis of the Chatterjee decision.