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Full-Text Articles in Human Rights Law
Conflict Minerals And Crimes Against Humanity In The Drc: How To Hold Individual Corporate Officers Criminally Liable, Emily Mankowski
Conflict Minerals And Crimes Against Humanity In The Drc: How To Hold Individual Corporate Officers Criminally Liable, Emily Mankowski
Notre Dame Law Review
International criminal law is concerned with holding perpetrators responsible for the gravest crimes committed by humanity. The larger and more heinous the crime, however, the more complicated the prosecution. Identifying the relevant actors, producing sufficient evidence to impose liability, and bringing criminals to justice is a challenging endeavor. This complex process becomes even more daunting when factoring in complicit actors. This Note discusses the different legal mechanisms to hold individual corporate officers criminally liable for complicity in committing crimes against humanity and other human rights atrocities in the Democratic Republic of the Congo (“DRC”) as a result of their participation …
No Excuse: The Failure Of The Icc’S Article 31 “Duress” Definition, Benjamin J. Risacher
No Excuse: The Failure Of The Icc’S Article 31 “Duress” Definition, Benjamin J. Risacher
Notre Dame Law Review
This Note proceeds in four Parts. Part I traces the historical development of “duress” through the common and civil law systems, World War II cases, the Model Penal Code (MPC) and, finally, through an in-depth analysis of the Erdemovic case before the ICTY Appeals Chamber discussed in the introduction. Part II then discusses “duress” under Article 31 of the Rome Statute and includes a survey of the Article’s drafting history, a statutory analysis of Article 31, and an application of the ICC definition of “duress” to the Erdemovic set of facts. This Part highlights the unjust result that inevitably occurs …