Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (99)
- Criminal Law (65)
- International Humanitarian Law (38)
- Military, War, and Peace (36)
- Courts (26)
-
- Law and Gender (15)
- Social and Behavioral Sciences (13)
- Comparative and Foreign Law (12)
- International Relations (11)
- Political Science (11)
- Public Affairs, Public Policy and Public Administration (11)
- Transnational Law (10)
- Law and Politics (9)
- Law and Society (9)
- Criminal Procedure (8)
- Peace and Conflict Studies (8)
- International and Area Studies (7)
- Jurisdiction (6)
- Organizations Law (6)
- Arts and Humanities (4)
- Comparative Politics (4)
- Criminology and Criminal Justice (4)
- Feminist, Gender, and Sexuality Studies (4)
- Legal Studies (4)
- Rule of Law (4)
- Sexuality and the Law (4)
- Jurisprudence (3)
- Juvenile Law (3)
- Institution
-
- American University Washington College of Law (28)
- University of Georgia School of Law (14)
- University of Michigan Law School (11)
- Selected Works (8)
- University of Denver (7)
-
- University of San Diego (5)
- SelectedWorks (4)
- U.S. Naval War College (3)
- University of Pennsylvania Carey Law School (3)
- Washington and Lee University School of Law (3)
- William & Mary Law School (3)
- BLR (2)
- Brooklyn Law School (2)
- St. Mary's University (2)
- University of Pittsburgh School of Law (2)
- University of Richmond (2)
- Vanderbilt University Law School (2)
- Bard College (1)
- Barry University School of Law (1)
- Claremont Colleges (1)
- Clark University (1)
- Cornell University Law School (1)
- Embry-Riddle Aeronautical University (1)
- Golden Gate University School of Law (1)
- Loyola Marymount University and Loyola Law School (1)
- Maurer School of Law: Indiana University (1)
- Pace University (1)
- Singapore Management University (1)
- St. John's University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- Publication Year
- Publication
-
- Human Rights Brief (20)
- Scholarly Works (8)
- Human Rights & Human Welfare (7)
- Michigan Journal of International Law (7)
- Georgia Journal of International & Comparative Law (6)
-
- Articles in Law Reviews & Other Academic Journals (5)
- San Diego International Law Journal (5)
- All Faculty Scholarship (3)
- American University Journal of Gender, Social Policy & the Law (3)
- Dr. Saumya Uma (3)
- International Law Studies (3)
- Scholarly Articles (3)
- Brooklyn Journal of International Law (2)
- ExpressO (2)
- Michigan Law Review (2)
- Richmond Journal of Global Law & Business (2)
- Saumya Uma (2)
- William & Mary Bill of Rights Journal (2)
- Articles (1)
- Book Chapters (1)
- CMC Senior Theses (1)
- Claudio M. Grossman (1)
- Cornell Law Faculty Publications (1)
- Faculty Articles and Other Publications (1)
- Faculty Scholarship (1)
- GGU Law Review Blog (1)
- Indiana Law Journal (1)
- International Bulletin of Political Psychology (1)
- Jackson Nyamuya Maogoto (1)
- Jens David Ohlin (1)
- Publication Type
Articles 61 - 90 of 117
Full-Text Articles in Human Rights Law
Africa, Mark J. Calaguas
Africa, Mark J. Calaguas
Mark J Calaguas
The Africa Committee's contribution to the 2011 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Over the last couple of decades, and particularly since 1998, incredible advances have been made in the effort to end impunity for sexual and gender-based violence committed in the context of war, mass violence, or repression. Before this, crimes committed exclusively or disproportionately against women and girls during conflict or periods of mass violence were either largely ignored, or at most, treated as secondary to other crimes. However, evidence of the large-scale and systematic use of rape in conflicts over the last two decades helped create unprecedented levels of awareness of sexual violence as a method of war and …
Updates From The International And Internationalized Criminal Courts, Claire Grandison, Sofia Vivero, Andra Nicolescu, Danielle Dean, Benjamin Watson
Updates From The International And Internationalized Criminal Courts, Claire Grandison, Sofia Vivero, Andra Nicolescu, Danielle Dean, Benjamin Watson
Human Rights Brief
No abstract provided.
Politics And Prosecutions, From Katherine Fite To Fatou Bensouda, Diane Marie Amann
Politics And Prosecutions, From Katherine Fite To Fatou Bensouda, Diane Marie Amann
Scholarly Works
Based on the Katherine B. Fite Lecture delivered at the 5th Annual International Humanitarian Law Dialogs in Chautauqua, New York, this essay examines the role that politics has played in the evolution of international criminal justice. It first establishes the frame of the lecture series and its relation to IntLawGrrls blog, a cosponsor of the IHL Dialogs. It then discusses the career of the series' namesake, Katherine B. Fite, a State Department lawyer who helped draft the Charter of the International Military Tribunal at Nuremberg and who was, in her own words, a "political observer" of the proceedings. The essay …
International Criminal Court's Protection Of Women: The Hands Of Justice At Work, Tina R. Karkera
International Criminal Court's Protection Of Women: The Hands Of Justice At Work, Tina R. Karkera
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Liberal Legal Norms Meet Collective Criminality, John D. Ciorciari
Liberal Legal Norms Meet Collective Criminality, John D. Ciorciari
Michigan Law Review
International criminal law ("ICL") tends to focus on the same question asked by the Cambodian survivor above: who was ultimately most responsible? Focusing on the culpability of senior leaders has powerful appeal. It resonates with a natural human tendency to personify misdeeds and identify a primary locus for moral blame. It also serves political ends by putting a face on mass crimes, decapitating the old regime, and leaving room for reconciliation at lower levels. But what happens when smoking guns do not point clearly toward high-ranking officials? And how can the law address the fact that most atrocities are committed …
Advantaging Aggressors: Justice & Deterrence In International Law, Paul H. Robinson, Adil Ahmad Haque
Advantaging Aggressors: Justice & Deterrence In International Law, Paul H. Robinson, Adil Ahmad Haque
All Faculty Scholarship
Current international law imposes limitations on the use of force to defend against unlawful aggression that improperly advantage unlawful aggressors and disadvantage their victims. The Article gives examples of such rules, governing a variety of situations, showing how clearly unjust they can be. No domestic criminal law system would tolerate their use.
There are good practical reasons why international law should care that its rules are perceived as unjust. Given the lack of an effective international law enforcement mechanism, compliance depends to a large degree upon the moral authority with which international law speaks. Compliance is less likely when its …
Updates From The International And Internationalized Criminal Courts, Slava Kuperstein, Lindsay Roberts, John Coleman, Beka Feathers, Anna Naimark, Ivan Carpio
Updates From The International And Internationalized Criminal Courts, Slava Kuperstein, Lindsay Roberts, John Coleman, Beka Feathers, Anna Naimark, Ivan Carpio
Human Rights Brief
No abstract provided.
Updates From The International And Internationalized Criminal Courts , Slava Kuperstein, Lindsay Roberts, Catlin Meade, Elizabeth Francis, Ivan Carpio
Updates From The International And Internationalized Criminal Courts , Slava Kuperstein, Lindsay Roberts, Catlin Meade, Elizabeth Francis, Ivan Carpio
Human Rights Brief
No abstract provided.
Updates From The International And Internationalized Criminal Courts, Claire Grandison, Benjamin Watson, Brynn Weinstein, Adam Dembling, Yaritza Velez, Michelle Flash
Updates From The International And Internationalized Criminal Courts, Claire Grandison, Benjamin Watson, Brynn Weinstein, Adam Dembling, Yaritza Velez, Michelle Flash
Human Rights Brief
No abstract provided.
Waiting For Justice
Dr. Saumya Uma
Updates From The International And Internationalized Criminal Courts, Anna Maitland, Shahroo Yazdani, Cyrena Khoury, Paul Rinefierd, Chris Valvardi, John Coleman
Updates From The International And Internationalized Criminal Courts, Anna Maitland, Shahroo Yazdani, Cyrena Khoury, Paul Rinefierd, Chris Valvardi, John Coleman
Human Rights Brief
No abstract provided.
Updates From The International And Internationalized Criminal Courts, Ivan Carpio, Lindsay Roberts, Zsofia Young, Christopher Tansey, Paul Rinefierd, Slava Kuperstein
Updates From The International And Internationalized Criminal Courts, Ivan Carpio, Lindsay Roberts, Zsofia Young, Christopher Tansey, Paul Rinefierd, Slava Kuperstein
Human Rights Brief
No abstract provided.
International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White
International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White
All Faculty Scholarship
Though international criminal justice has developed into a flourishing judicial system over the last two decades, scholars have neglected institutional design and procedure questions. International criminal-procedure scholarship has developed in isolation from its domestic counterpart but could learn much realism from it. Given its current focus on atrocities like genocide, international criminal law’s main purpose should be not only to inflict retribution, but also to restore wounded communities by bringing the truth to light. The international justice system needs more ideological balance, more stable career paths, and civil-service expertise. It also needs to draw on the domestic experience of federalism …
Much Ado About Non-State Actors: The Vanishing Relevance Of State Affiliation In International Criminal Law, John Cerone
Much Ado About Non-State Actors: The Vanishing Relevance Of State Affiliation In International Criminal Law, John Cerone
San Diego International Law Journal
Much has been made recently of the deficiencies of international law in grappling with violence perpetrated by non-state actors. From transnational terrorist networks to private security contractors (PSCs), organizations that are not officially part of the apparatus of any state are increasingly engaged in protracted episodes of intense violence, giving rise to questions of accountability under international law. Does international law provide rules applicable to such conduct? While the repression of crime, especially that perpetrated by non-state actors, has traditionally been left to the internal law of states, most international jurists will point to the ancient rules of international law …
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Kara Karlson, Jennifer Goldsmith, Laura Jarvis, Megan Chapman
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Kara Karlson, Jennifer Goldsmith, Laura Jarvis, Megan Chapman
Human Rights Brief
No abstract provided.
Investigation And Prosecution Of Sexual And Gender-Based Crimes Before The International Criminal Court, Diane Lupig
Investigation And Prosecution Of Sexual And Gender-Based Crimes Before The International Criminal Court, Diane Lupig
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Revisiting Human Rights In Latin America: Introduction, Christina Cerna
Revisiting Human Rights In Latin America: Introduction, Christina Cerna
Human Rights & Human Welfare
This Topical Research Digest on revisiting human rights in Latin America covers a wide range of subjects, both country specific and thematic, but has as its underlying theme the necessary protection of the human rights of vulnerable groups, whether they are women, children, lesbians, gay men, indigenous peoples, landless peasants, etc. This survey of literature on revisiting human rights in Latin America includes a rich selection of documents from international organizations, international human rights non-governmental organizations (NGOs) and a plethora of American and foreign journals.
International Justice And International Politics: Intertwined Paths, David Penna
International Justice And International Politics: Intertwined Paths, David Penna
Human Rights & Human Welfare
A review of:
International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State Cooperation. By Victor Peskin. New York: Cambridge University Press, 2008. 272 pp.
and
Building the International Criminal Court. By Benjamin N. Schiff. New York: Cambridge University Press, 2008. 304 pp.
and
The Tokyo War Crimes Trial: The Pursuit of Justice in the Wake of World War II. By Yuma Totani. Cambridge, MA: Harvard University Asia Center / Harvard University Press, 2008. 335 pp.
Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sácouto, Katherine Cleary
Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sácouto, Katherine Cleary
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Ellie Stevenson, Jenn Goldsmith, Peter Tran, Alexia Brooks, Katherine Anne Cleary
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Ellie Stevenson, Jenn Goldsmith, Peter Tran, Alexia Brooks, Katherine Anne Cleary
Human Rights Brief
No abstract provided.
The International Criminal Court And The Prevention Of Atrocities: Predicting The Court's Impact, James F. Alexander
The International Criminal Court And The Prevention Of Atrocities: Predicting The Court's Impact, James F. Alexander
Villanova Law Review
No abstract provided.
Distinction And Loss Of Civilian Protection In International Armed Conflicts, Yoram Dinstein
Distinction And Loss Of Civilian Protection In International Armed Conflicts, Yoram Dinstein
International Law Studies
No abstract provided.
Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia
Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia
Saumya Uma
This contains a detailed narrative on the activities undertaken by ICC-India - an anti-impunity campaign on mass crimes and international law, from 2000 to 2007. The publication elaborates the work of the campaign on information dissemination, campaign and advocacy, research and publication, alliance-building and media outreach. It includes 16 pages of colour photographs, as well as illustrations in the form of graphs, tables and maps. Published by Women's Research & Action Group, 2008, English, 90 pages.
Rape At Rome: Feminist Interventions In The Criminalization Of Sex-Related Violence In Positive International Criminal Law, Janet Halley
Rape At Rome: Feminist Interventions In The Criminalization Of Sex-Related Violence In Positive International Criminal Law, Janet Halley
Michigan Journal of International Law
This Article examines the work of organized feminism in the formation of new international criminal tribunals over the course of the 1990s. It focuses on the statutes establishing the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC). It offers a description of the evolving organizational style of feminists involved in the legislative processes leading to the establishment of these courts, and a description of their reform agenda read against the outcomes in each court-establishing statute. At each stage, the Article counts up the feminist victories and defeats, …
Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody
Scholarly Articles
In the wake of increasing globalization over the past fifty years, international criminal law has transformed from a toothless shadow into a concrete reality; the International Criminal Court is the most recent and impressive institutional accomplishment. Unfortunately, international criminal law has enjoyed this progress on the heels of increasingly horrific international crimes. International adjudicatory institutions have taken many forms and the sentences they deliver have varied widely. In Atrocity, Punishment, and International Law, Mark Drumbl reviews the strides made in international criminal law from the Nuremberg trials through present-day trials, particularly those related to the crimes committed in Rwanda and …
Updates From The International Criminal Courts, Anna Katherine Drake, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, Howard Shneider
Updates From The International Criminal Courts, Anna Katherine Drake, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, Howard Shneider
Human Rights Brief
No abstract provided.
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Rita Espinoza, Sarah Venti, Katherine Anne Cleary
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Rita Espinoza, Sarah Venti, Katherine Anne Cleary
Human Rights Brief
No abstract provided.
One Step Forward, Two Step Backwards: Addressing Objections To The Icc’S Prescriptive And Adjudicative Powers , Nema Milaninia
One Step Forward, Two Step Backwards: Addressing Objections To The Icc’S Prescriptive And Adjudicative Powers , Nema Milaninia
ExpressO
The Rome Statute of the International Criminal Court (ICC) permits the ICC to exercise subject-matter jurisdiction over individuals who engage in war crimes, genocide, crimes against humanity, and crimes of aggression. However, under Article 13, the ICC may only exercise personal jurisdiction over persons referred by the Security Council under Chapter VII, or over nationals of a state party, or persons whose alleged criminal conduct occurred on the territory of a state party
This article evaluates the interplay between principles of public international law and international criminal law in determining whether the ICC’s grant of jurisdiction under the Rome Statute …
Delineating The Interests Of Justice: Prosecutorial Discretion And The Rome Statute Of The International Criminal Court, Henry M. Lovat
Delineating The Interests Of Justice: Prosecutorial Discretion And The Rome Statute Of The International Criminal Court, Henry M. Lovat
ExpressO
Article 53(1) and 53(2) of the Rome Statute allow the prosecutor of the International Criminal Court (ICC) to decline to pursue an investigation or prosecution in the ‘interests of justice’. Some commentators have taken the view that the Office of the Prosecutor of the ICC should not invoke this ground for declining to act in situations where there is a possibility that investigations or prosecutions might impede or interfere with local peace and reconciliation initiatives such as amnesties or truth commissions. According to at least one prominent non-governmental organisation, such decisions are properly the domain of the UN Security Council, …