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Articles 1 - 8 of 8
Full-Text Articles in Criminal Law
Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry
Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry
Michigan Journal of International Law
In the wake of the Israel-Gaza 2008-09 armed conflict and recently commenced process at the International Criminal Court (ICC), the Court will soon face a major challenge with the potential to determine its degree of judicial independence and overall legitimacy. It may need to decide whether a Palestinian state exists, either for the purposes of the Court itself, or perhaps even in general. The ICC, which currently has 113 member states, has not yet recognized Palestine as a sovereign state or as a member. Moreover, although the ICC potentially has the authority to investigate crimes which fall into its subject-matter …
Continuing Crimes In The Rome Statute, Alan Nissel
Continuing Crimes In The Rome Statute, Alan Nissel
Michigan Journal of International Law
One of the most ambitious goals of the International Criminal Court is to balance the ideal of ending impunity with the legalistic protection of the accused from the arbitrary application of law. Accordingly, the main task of this Article will be to determine when continuing crimes will fall under the jurisdiction of the International Criminal Court according to the established primary and secondary sources of international law-i.e., within the rule of law.
Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet
Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet
Michigan Journal of International Law
This Note will examine problems that arise from the language of the Rome Statute itself. Part II will examine the potential strategic uses of the Rome Statute's jurisdictional aspects. It will also examine how the fairness concerns raised by this potential usage are exacerbated when the potential State abuser is a permanent member of the Security Council. Part III will look at the language of the Rome Statute's definition of crimes against humanity. It will also examine the various and varying interpretations of this language by the scholars and commentators who have examined the issue.
A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White
A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White
Michigan Journal of International Law
This Article argues that, for political reasons, the future of international criminal law enforcement will largely be at the domestic level. It anticipates the emergence of a community of courts-domestic, semi-internationalized, and supranational. A decentralized system of international criminal law enforcement may give pause for concern: How can such a system be regulated? How can uniformity and effectiveness be assured? It is the claim of this Article that, in a world in which information is power, the relationships between these courts-the exchange of information, ideas, and personnel-brings order and regularity to the system. These interdependent relationships are defined by the …
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
Michigan Journal of International Law
This paper examines the principal legal and political effects of the Rome Statute on non-parties. In particular, it explores the significance of the creation of a new powerful international institution for all members of the international community. It discusses the jurisdictional reach of the ICC which will inevitably affect all States. This paper also analyzes possible application of some provisions of the Rome Statute to non-States Parties in so far as these may reflect or generate customary international law. It suggests that despite the traditional principle of treaty law, according to which treaties do not bind Third States, the Rome …
Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller
Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller
Michigan Journal of International Law
The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted by Congress in 1970 to combat organized crime in America. Since its enactment, it has been used extensively in both the civil and criminal arenas. With the participation of foreign corporations, foreign subsidiaries, and foreign actors in general in the U.S. economy, it is only a matter of time before foreign defendants will be sued under RICO. This Note will discuss whether RICO should be applied extraterritorially: that is, whether federal courts should assume jurisdiction over foreign entities as defendants in RICO claims. First, RICO's language, legislative history and application …
The Contours Of Extraterritorial Jurisdiction In Drug Smuggling Cases, Stephen E. Chelberg
The Contours Of Extraterritorial Jurisdiction In Drug Smuggling Cases, Stephen E. Chelberg
Michigan Journal of International Law
This note examines the contours of U.S. jurisdiction over drug smugglers on the high seas. After a brief discussion of the two principal U.S. drug statutes, the note considers the territorial and protective principles of jurisdiction as defined by U.S. courts. Controversy currently centers around whether U.S. drug laws apply to foreign ships, carrying controlled substances on the high seas, where there has been no showing of an intent to import the drugs into the United States.
Index, Michigan Journal Of International Law
Index, Michigan Journal Of International Law
Michigan Journal of International Law
Index of terms used in this volume.