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Criminal Law Commons

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Articles 1 - 4 of 4

Full-Text Articles in Criminal Law

An International Crimes Court: Further Tales Of The King Of Corinth, Jose A. Baez Nov 2014

An International Crimes Court: Further Tales Of The King Of Corinth, Jose A. Baez

Georgia Journal of International & Comparative Law

No abstract provided.


Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger May 2014

Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger

Touro Law Review

No abstract provided.


"T.I.A" - This Is Africa - So Why The Icc?, Fletcher Miles Apr 2014

"T.I.A" - This Is Africa - So Why The Icc?, Fletcher Miles

Fletcher V Miles Mr

Since its creation the International Criminal Court (“ICC”) has been under scrutiny and repeatedly criticised for judicial failure and imperial arrogance. At the heart of this criticism is the simple fact that the ICC prosecution list is made up exclusively of African states, which demonstrates a clear bias towards the African continent.

This paper addresses the key factors causing perceptions of bias while considering the extreme difficulties faced by the ICC in operating a judicial body within a politically driven international community. Fundamental issues introduce the background of the bias such as funding distribution, the skew of ICC jurisdiction, colonialism …


Moral Touchstone, Not General Deterrence: The Role Of International Criminal Justice In Fostering Compliance With International Humanitarian Law, Chris Jenks Jan 2014

Moral Touchstone, Not General Deterrence: The Role Of International Criminal Justice In Fostering Compliance With International Humanitarian Law, Chris Jenks

Faculty Journal Articles and Book Chapters

This article contends that international criminal justice provides minimal general deterrence of future violations of international humanitarian law (IHL). Arguments that international courts and tribunals deter future violations – and that such deterrence is a primary objective – assume an internally inconsistent burden that the processes cannot bear, in essence setting international criminal justice up for failure. Moreover, the inherently limited number of proceedings, the length of time required, the dense opinions generated, the relatively light sentences and the robust confinement conditions all erode whatever limited general deterrence international criminal justice might otherwise provide. Bluntly stated, thousands of pages of …