Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Humanitarian Law (3)
- International Law (2)
- Courts (1)
- Criminal Law (1)
- International Relations (1)
-
- Jurisdiction (1)
- Jurisprudence (1)
- Law and Gender (1)
- Law and Politics (1)
- Law and Society (1)
- Legal History (1)
- Legal Remedies (1)
- Military, War, and Peace (1)
- Peace and Conflict Studies (1)
- Policy History, Theory, and Methods (1)
- Political Science (1)
- Public Affairs, Public Policy and Public Administration (1)
- Sexuality and the Law (1)
- Social and Behavioral Sciences (1)
- Institution
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Human Rights Law
Unpacking The Deterrent Effect Of The International Criminal Court: Lessons From Kenya, Yvonne M. Dutton, Tessa Alleblas
Unpacking The Deterrent Effect Of The International Criminal Court: Lessons From Kenya, Yvonne M. Dutton, Tessa Alleblas
St. John's Law Review
(Excerpt)
This Article proceeds as follows. Part I begins by explaining deterrence theory in more detail. It follows with an overview of the debate surrounding the ability of international criminal tribunals and the ICC to produce a deterrent effect.
In Part II, we advance our argument regarding the need to reframe the debate about the ICC’s potential to deter. We explain the reasons why the ICC’s deterrent effect must be unpacked and, in doing so, we describe several factors that influence whether and under what conditions the ICC should or should not be able to deter. In Part III, we …
Mainstreaming Gender: The Influence Of Women's Networks On Prosecuting Sexual Violence At The International Criminal Court, Jessica Maryanne Zaccagnino
Mainstreaming Gender: The Influence Of Women's Networks On Prosecuting Sexual Violence At The International Criminal Court, Jessica Maryanne Zaccagnino
Senior Projects Spring 2017
The fall of the Soviet Union in combination with the failures of the international community to intervene in the genocides of the former Yugoslavia and Rwanda spurred a new enthusiasm for human rights as a wholly independent movement, termed the human rights wave. This paradigm shift, identified by Stefan-Ludwig Hoffmann, was an embrace of human rights rooted in the redemption of past wrongs. This project is structured as a jurisprudential genealogy that will explore the human rights wave in the context of the Women’s Caucus for Gender Justice, a facet of the transnational women’s network, and their quest to mainstream …
What If The International Criminal Court Could Prosecute President Al-Assad For The Chemical Weapon Attacks In Ghouta?, Paul Cho
St. Mary's Law Journal
Abstract forthcoming.
Contorting Common Article 3, Michael A. Newton
Contorting Common Article 3, Michael A. Newton
Vanderbilt Law School Faculty Publications
This short Essay describes the circularity of support between the ICRC and the Pre-Trial Chambers of the ICC. Its successive sections describe the problematic potential of extending the substantive coverage of Common Article 3 to encompass members of the same armed group who commit criminal acts against one another.' In particular, the Revised Commentary fails to address the due process ramifications of an enlarged Common Article 3, even as the development of the text documented by the readily available negotiating record warrants an alternative understanding. Lastly, the ICRC position could indicate a radical shift in the very design of the …