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International Humanitarian Law Commons™
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Full-Text Articles in International Humanitarian Law
The Transformative Influence Of International Law And Practice On The Death Penalty In The United States, Richard Wilson
The Transformative Influence Of International Law And Practice On The Death Penalty In The United States, Richard Wilson
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No region of the world has been more vocal and persistent in its opposition to U.S. death penalty practice than Europe, which has itself become a death penalty-free zone. The chapter will examine the actions taken by European legislative and judicial bodies against U.S. practice of the death penalty, as well as those of the other regional treaty bodies, with particular attention to the Inter-American human rights system, in which the U.S. reluctantly participates. It then will examine U.S. interactions with its treaty partners in the area of extradition, where death penalty policy is acted out in the exchanges of …
Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto
Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto
Contributions to Books
Great progress has been made over the last two decades in the investigation and prosecution of sexual and gender-based violence, in particular by the ad-hoc International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR). Yet the practice and jurisprudence of these tribunals makes clear that significant challenges remain, including inconsistency in how to understand – and therefore how to prove and adequately link to higher level perpetrators – crimes of sexual violence committed in the context of conflict, mass violence or repression. This chapter examines these challenges and explores whether human rights law, particularly the requirement that access …