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Full-Text Articles in Human Rights Law
Have A Trial By Relevance, Not Severance - The Eccc's Case 002, Vani Sathisan, Jenny Holligan
Have A Trial By Relevance, Not Severance - The Eccc's Case 002, Vani Sathisan, Jenny Holligan
2008 Asian Business & Rule of Law initiative
No abstract provided.
Enunciating Genocide: Crime, Rights And The Impact Of Judicial Intervention, Mark Findlay
Enunciating Genocide: Crime, Rights And The Impact Of Judicial Intervention, Mark Findlay
Research Collection Yong Pung How School Of Law
As a consequence of recent decisions from the ICJ and the ICTR, it is clear that genocide can be pursued through the international courts both in terms of criminal liability and also rights/responsibility legal paradigms. This article suggests that this duality in possible contexts and processes of judicial determination, while being procedurally problematic, is in keeping with the human rights direction of international criminal justice. In addition, by opening the legal consideration of genocide to questions of individual liability as well as state-sponsored rights abuse, judges are now able to consider the more realistic complexity of genocide atrocity and thereby …