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ILSA Journal of International & Comparative Law

Justice

Articles 1 - 19 of 19

Full-Text Articles in International Law

An Overview Of Justice In The Former Yugoslavia And Reflections For Accountability In Syria, Professor Jennifer Trahan Jan 2017

An Overview Of Justice In The Former Yugoslavia And Reflections For Accountability In Syria, Professor Jennifer Trahan

ILSA Journal of International & Comparative Law

This article provides an overview of justice for crimes perpetrated in the former Yugoslavia during the wars in the 1990s.


Designing Trial Avoidance Procedures For Post-Conflict, Civil Law Countries: Is German Absprachen An Appropriate Model For Efficient Criminal Justice In Afghanistan?, Nasiruddin Nezaami Jan 2015

Designing Trial Avoidance Procedures For Post-Conflict, Civil Law Countries: Is German Absprachen An Appropriate Model For Efficient Criminal Justice In Afghanistan?, Nasiruddin Nezaami

ILSA Journal of International & Comparative Law

In Afghanistan, the persistence of several problems has caused inefficiency in the criminal procedure.


International Law Weekend 2013 Keynote Address: The Advocate In The Transnational Justice System, Donald F. Donovan Jan 2014

International Law Weekend 2013 Keynote Address: The Advocate In The Transnational Justice System, Donald F. Donovan

ILSA Journal of International & Comparative Law

I am very grateful for the opportunity to address this audience at International Law Weekend 2013.


Liberty And Justice For All: The Convention On The Rights Of Persons With Disabilities, Eme Grant, Rhonda Neuhaus Jan 2013

Liberty And Justice For All: The Convention On The Rights Of Persons With Disabilities, Eme Grant, Rhonda Neuhaus

ILSA Journal of International & Comparative Law

At the heart of every just society are mechanisms that ensure full inclusivity of citizenry, equal rights to both representation and reparation, and impartial judgment.


Moudawan And Women's Rights In Morocco: Balancing National And International Law, Leila Hanafi Jan 2012

Moudawan And Women's Rights In Morocco: Balancing National And International Law, Leila Hanafi

ILSA Journal of International & Comparative Law

Morocco's 2004 Moudawana (family code) is undoubtedly a progressive piece of legislation for women in Morocco.


Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts, Tom Syring Jan 2012

Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts, Tom Syring

ILSA Journal of International & Comparative Law

In recent years, the United States (U.S.) as well as European states have adopted numerous anti-terrorism laws based on concerns for national security, aimed at keeping persons with connections to terrorist networks out of the respective countries, or facilitating the forced return to their country of origin.


The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand Jan 2005

The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand

ILSA Journal of International & Comparative Law

On October 19, 2004, the European Court of Justice held its first en banc hearing since the 2004 enlargement to twenty-five Member States.


The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk Jan 2005

The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk

ILSA Journal of International & Comparative Law

After the dust settled from World War II, Winston Churchill declared the need for Europe to integrate economically and politically.


Preventing Genocide: The Role Of The United Nations, Stanislas Kamanzi Jan 2004

Preventing Genocide: The Role Of The United Nations, Stanislas Kamanzi

ILSA Journal of International & Comparative Law

I would like to start with a self explanatory and worthwhile quote from His Late Majesty Haile Selassie which reads as follows: "Throughout History it has been the inaction of those who could have acted, the indifference of those who should have known better, the silence of the voice of justice when it mattered most, that has made it possible for evil to triumph."


The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne Jan 2004

The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne

ILSA Journal of International & Comparative Law

The Caribbean Single Market and Economy (CMSE) is a work in progress.


International Law Association Panel Discussion On "The Holocaust As Catalyst For International Justice": Summary Of Extemporaneous Remarks, Benjamin B. Ferencz Jan 2003

International Law Association Panel Discussion On "The Holocaust As Catalyst For International Justice": Summary Of Extemporaneous Remarks, Benjamin B. Ferencz

ILSA Journal of International & Comparative Law

After more than 40 million persons had been killed in war, there was an overwhelming determination to prevent the recurrence of such tragedies.


International Tribunals And Their Ability To Provide Adequate Justice: Lessons From The Yugoslav Tribunal, Ivana Nizich Jan 2001

International Tribunals And Their Ability To Provide Adequate Justice: Lessons From The Yugoslav Tribunal, Ivana Nizich

ILSA Journal of International & Comparative Law

In 1994 and 1996, respectively, the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) were created by the United Nations Security Council to hold accountable those responsible for genocide, war crimes, crimes against humanity and other violations of international laws and norms.


Accountability Beckons During A Year Of Worries For The Khmer Rouge Leadership, Craig Etcheson Jan 2000

Accountability Beckons During A Year Of Worries For The Khmer Rouge Leadership, Craig Etcheson

ILSA Journal of International & Comparative Law

The year 1999 saw a series of extraordinary developments in the search for justice in the case of Cambodia's Khmer Rouge.


2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad Jan 2000

2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad

ILSA Journal of International & Comparative Law

The Governments of the State of Kuraca and the Republic of Senhava have recognized as compulsory ipsofacto in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2.


2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet Jan 2000

2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet

ILSA Journal of International & Comparative Law

The State of Kuraca and the Republic of Senhava have submitted their differences concerning the vaccine trials to the International Court of Justice for resolution through a Special Agreement, in accordance with Article 40(1) of the Statute of the International Court of Justice.


Rwandan Justice And The International Criminal Court, Madeline H. Morris Jan 1999

Rwandan Justice And The International Criminal Court, Madeline H. Morris

ILSA Journal of International & Comparative Law

A complex and important feature of the International Criminal Tribunal for Rwanda is its concurrent jurisdiction with national courts


Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline H. Morris Jan 1997

Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline H. Morris

ILSA Journal of International & Comparative Law

During three months in 1994, genocide was committed in Rwanda. Two years after those events, and notwithstanding efforts at both national and international levels to bring the perpetrators to justice, the first case has yet to go to trial


Recent Activity Before The International Court Of Justice: Trend Or Cycle?, Gary L. Scott, Heather Macgregor Bothwell, Jennifer Pennel Jan 1996

Recent Activity Before The International Court Of Justice: Trend Or Cycle?, Gary L. Scott, Heather Macgregor Bothwell, Jennifer Pennel

ILSA Journal of International & Comparative Law

Following the United States refusal to participate in the Nicaragua case,' and its subsequent withdrawal from the so-called "optional clause,", a great deal of pessimism surrounded the future of the International Court of Justice.3 Less than a decade later, and only half way through the decade of international law, it would appear, to paraphrase Mark Twain, that reports of the court's demise were greatly exaggerated.


Justice On Trial: The Efficacy Of The International Criminal Tribunal For Rwanda, Melissa Gordon Jan 1995

Justice On Trial: The Efficacy Of The International Criminal Tribunal For Rwanda, Melissa Gordon

ILSA Journal of International & Comparative Law

There can be no peace without justice, no justice without law, and no meaningful law without a court to decide what is just and lawful under any given circumstance. The process of codification, adjudication and enforcement is as vital to a tranquil international community as it is to any independent national state.

-Benjamin B. Ferencz'"

The success of the Yugoslavian and Rwandan War Crimes Tribunals will determine the future of international criminal law. Whether the Tribunals are able to command the attention and respect of the world remains to be seen.