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Articles 1 - 6 of 6
Full-Text Articles in Criminal Law
Flying Into The Future: Drone Warfare And The Changing Face Of Humanitarian Law, Michael A. Newton
Flying Into The Future: Drone Warfare And The Changing Face Of Humanitarian Law, Michael A. Newton
Vanderbilt Law School Faculty Publications
Before we consider the specifics of drone warfare, we must remember two predicate points. Firstly, the discipline of international criminal law has never been healthier as the era of accountability is irreversibly underway. While the challenges of administering justice in the midst of profound political and personal passions remain, there is no current shortage of young and inspired advocates who wish to contribute. Furthermore, they do so against the backdrop of a developed discipline. It cannot be forgotten that the discrete discipline that we term international criminal law, and that many of us teach in our law schools, has taken …
Universal Jurisdiction Not So Universal: A Time To Delegate To The International Criminal Court, Dalila V. Hoover
Universal Jurisdiction Not So Universal: A Time To Delegate To The International Criminal Court, Dalila V. Hoover
Cornell Law School Inter-University Graduate Student Conference Papers
The exercise of universal jurisdiction in cases involving crimes under international law remains highly debated and underlines a certain number of legal and political issues in its implementation. Because the principle of universal jurisdiction relies on national authorities to enforce international prohibitions, pivotal decisions are expected to reflect, to a greater or lesser extent, domestic decision-makers’ positions as to the interests of justice, the national interest and other criteria. In many States, the legal system lacks the means to investigate or prosecute on the basis of universal jurisdiction. Indeed, many legal systems do not define the term “crimes” that can …
A Permanent Hybrid Court For Terrorism, Erin Creegan
A Permanent Hybrid Court For Terrorism, Erin Creegan
American University International Law Review
No abstract provided.
The Law Of War In The War Against Terrorism, Michael A. Newton
The Law Of War In The War Against Terrorism, Michael A. Newton
Vanderbilt Law School Faculty Publications
The struggle to define the contours of the legal regime and to correctly communicate those expectations to the broader audience of civilians is a recurring problem that is integrally related to the current evolution of warfare. Shaping the expectations and perceptions of the political elites who control the contours of the conflict is perhaps equally vital. The paradox is that as the legal regime applicable to the conduct of hostilities has matured over the last century, the legal dimension of conflict has at times overshadowed the armed struggle between adversaries. As a result, the overall military mission will often be …
The Pluralism Of International Criminal Law, Alexander K.A. Greenawalt
The Pluralism Of International Criminal Law, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
This Article develops a pluralistic account of substantive international criminal law (ICL). Challenging the dominant assumption among theorists and practitioners, it argues that the search for consistency and uniformity in ICL is misguided, that the law applicable to international crimes should not be the same in all cases, and that those guilty of like crimes should not always receive like sentences. In lieu of a one-size-fits-all criminal law, this Article proposes a four-tiered model of ICL that takes seriously the national laws of the state or states that, under normal circumstances, would be expected to assert jurisdiction over a case. …
A Kind Of Judgment: Searching For Judicial Narratives After Death, Timothy W. Waters
A Kind Of Judgment: Searching For Judicial Narratives After Death, Timothy W. Waters
Articles by Maurer Faculty
Much of international criminal law's attraction rests on the 'authoritative narrative theory '--the claim that legal judgment creates incontestable narratives that serve as the foundation, or at least a baseline, for post-conflict reconciliation. So what happens when there is no judgment? This is the situation that confronted the International Criminal Tribunal for the Former Yugoslavia when its most prominent defendant, Slobodan Milosevic, died. By turning scholarship's attention towards a terminated trial, this Article develops an indirect but powerful challenge to one of the dominant views about what international criminal law is for, with interdisciplinary implications for human rights, international relations, …