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Articles 1 - 7 of 7
Full-Text Articles in Criminal Law
Big Fish, Small Ponds: International Crimes In National Courts, Elizabeth B. Ludwin King
Big Fish, Small Ponds: International Crimes In National Courts, Elizabeth B. Ludwin King
Indiana Law Journal
The principle of complementarity in the Rome Statute of the International Criminal Court anticipates that perpetrators of genocide, war crimes, and crimes against humanity will be tried in domestic courts unless there is no state with jurisdiction willing or able to do so. This Article examines the situation where a state might be willing to engage in meaningful local justice but temporarily lacks the capability to do so due to the effects of the conflict. It argues that where the state submits a detailed proposal to the International Criminal Court (ICC) outlining the steps necessary to gain or regain the …
The Pluralism Of International Criminal Law, Alexander K. A. Greenwalt
The Pluralism Of International Criminal Law, Alexander K. A. Greenwalt
Indiana Law Journal
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. …
The Material Support Prosecution And Foreign Policy, Wadie E. Said
The Material Support Prosecution And Foreign Policy, Wadie E. Said
Indiana Law Journal
No abstract provided.
"Behind This Mortal Bone": The (In)Effectiveness Of Torture, Jeannine Bell
"Behind This Mortal Bone": The (In)Effectiveness Of Torture, Jeannine Bell
Indiana Law Journal
This Essay addresses the theoretical debate on torture in an empirical way. It urges that as part of our evaluation of the merits of torture, we take a shrewd look at the quality of information brutal interrogations produce. The Essay identifies widespread belief in what the author identifies as the "torture myth "-the idea that torture is the most effective interrogation practice. In reality, in addition to its oft-acknowledged moral and legal problems, the use of torture carries with it a host of practical problems which seriously blunt its effectiveness. This Essay demonstrates that contrary to the myth, torture and …
The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst
The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst
Indiana Law Journal
Terrorism and the Media: Legal Responses, Symposium
International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust
International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust
Indiana Law Journal
Terrorism and the Media: Legal Responses, Symposium
Militants And The Media: Partners In Terrorism?, William R. Catton Jr.
Militants And The Media: Partners In Terrorism?, William R. Catton Jr.
Indiana Law Journal
Terrorism and the Media: Legal Responses, Symposium