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Human Rights Law Commons

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Articles 1 - 7 of 7

Full-Text Articles in Human Rights Law

Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl Aug 2016

Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl

Mark A. Drumbl

No abstract provided.


The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl Jul 2016

The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl

Mark A. Drumbl

The United States is not a party to the International Criminal Court and this Article demonstrates that it has a complicated relationship to questions of complementarity in the Rome Statute. Federal and (to a small degree) state criminal law in the United States codifies some of the crimes that, conceptually, relate to conduct proscribed in the Rome Statute, but coverage is incomplete and jurisdiction may often be lacking. Thus, the United States is able to prosecute a limited number of ICC crimes in federal courts as such, particularly genocide, torture, and some war crimes including the recruitment or use of …


Women As Perpetrators: Agency And Authority In Genocidal Rwanda, Mark Drumbl, Nicole Hogg Dec 2013

Women As Perpetrators: Agency And Authority In Genocidal Rwanda, Mark Drumbl, Nicole Hogg

Mark A. Drumbl

No abstract provided.


Pluralizing International Criminal Justice, Mark A. Drumbl Jan 2013

Pluralizing International Criminal Justice, Mark A. Drumbl

Mark A. Drumbl

This Review Essay of Philippe Sands' (ed.) From Nuremberg to the Hague (2003) explores a number of controversial aspects of the theory and praxis of international criminal law. The Review Essay traces the extant heuristic of international criminal justice institutions to Nuremberg and posits that the Nuremberg experience suggests the need for modesty about what criminal justice actually can accomplish in the wake of mass atrocity. It also explores the place of one person's guilt among organic crime, the reality that international criminal law may gloss over criminogenic conditions in its pursuit of individualized accountability, the possibility of group sanction …


Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl Jan 2013

Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl

Mark A. Drumbl

There is a recent proliferation of courts and tribunals to prosecute perpetrators of genocide, war crimes, and crimes against humanity. The zenith of this institution-building is the permanent International Criminal Court, which came into force in 2002. Each of these new institutions rests on the foundational premise that it is appropriate to treat the perpetrator of mass atrocity in the same manner that domestic criminal law treats the common criminal. The modalities and rationales of international criminal law are directly borrowed from the domestic criminal law of those states that dominate the international order. In this Article, I challenge this …


From Politics To Law, To Tedium, And Back, Mark Drumbl Dec 2011

From Politics To Law, To Tedium, And Back, Mark Drumbl

Mark A. Drumbl

No abstract provided.


The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl Dec 2011

The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl

Mark A. Drumbl

No abstract provided.