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Articles 1 - 9 of 9
Full-Text Articles in Political Science
Too Little, Too Late: The Icc And The Politics Of Prosecutorial Procrastination In Georgia, Marco Bocchese
Too Little, Too Late: The Icc And The Politics Of Prosecutorial Procrastination In Georgia, Marco Bocchese
Genocide Studies and Prevention: An International Journal
In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. Yet, it was only in March 2022 that International Criminal Court (ICC) Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia’s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it? And how did ICC-state relations develop over time? This paper conducts a within-case analysis of the situation of …
Enter The Battleverse: China's Metaverse War, Josh Baughman
Enter The Battleverse: China's Metaverse War, Josh Baughman
Military Cyber Affairs
No abstract provided.
Making The Case For Genocide, The Forced Sterilization Of Indigenous Peoples Of Peru, Ñusta P. Carranza Ko
Making The Case For Genocide, The Forced Sterilization Of Indigenous Peoples Of Peru, Ñusta P. Carranza Ko
Genocide Studies and Prevention: An International Journal
Peru’s national health program Programa de Salud Reproductiva y Planificación Familiar (PSRPF) aimed to uphold women’s reproductive rights and address the scarcity in maternity related services. Despite these objectives, during PSRPF’s implementation the respect for women’s rights were undermined with the forced sterilization of women predominantly of indigenous, poor, and rural backgrounds. This study considers the forced sterilization of indigenous women as a genocide. Making the case for genocide has not been done previously with this particular case. Using the normative markers of the Genocide Convention, this study categorically sets forced sterilization victims from the state-led-policy as victims of genocide, …
The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer
The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer
Genocide Studies and Prevention: An International Journal
In contrast to prosecuting and punishing committed acts of genocide, the Genocide Convention is silent as to means of preventing future acts. Today it is generally accepted that the duty to prevent is legally binding, but there is still uncertainty in international law about its specific content. This article seeks to fill this gap in the light of the object and purpose of the Genocide Convention. It provides a minimum requirement approach, i.e. indispensable State actions to comply with their duty to prevent: naming and shaming situations of genocide as what they are. Even situations from times before the Genocide …
Editors' Introduction, Melanie O'Brien, Joann Digeorgio-Lutz, Lior Zylberman, Christian Gudehus, Douglas Irvin-Erickson, Randle Defalco, Hilary Earl
Editors' Introduction, Melanie O'Brien, Joann Digeorgio-Lutz, Lior Zylberman, Christian Gudehus, Douglas Irvin-Erickson, Randle Defalco, Hilary Earl
Genocide Studies and Prevention: An International Journal
No abstract provided.
Killing Them Softly: Forcible Transfers Of Indigenous Children, Ruth Amir
Killing Them Softly: Forcible Transfers Of Indigenous Children, Ruth Amir
Genocide Studies and Prevention: An International Journal
The forcible transfer of indigenous children in North America and Australia are part of a global phenomenon that consisted of the kidnapping, trafficking, removal, and identity changes of children of particular groups.
Article II(e) of the United Nation Convention on the Prevention and Punishment of Genocide prohibits the forcible transfer of children of a group to another group (FTC). The FTC echoes domestic and international legal norms and policies for the protection of children since early twentieth century. Its particular applicability to specific victims within a protected group – children –conveys a unique ethical position compared to the other acts …
What Does Genocide Produce? The Semantic Field Of Genocide, Cultural Genocide, And Ethnocide In Indigenous Rights Discourse, Jeff Benvenuto
What Does Genocide Produce? The Semantic Field Of Genocide, Cultural Genocide, And Ethnocide In Indigenous Rights Discourse, Jeff Benvenuto
Genocide Studies and Prevention: An International Journal
The semantic field of genocide, cultural genocide, and ethnocide overlaps between Indigenous rights discourse and genocide studies. Since the 1970s, such language has been used to express grievances that have stimulated the construction of Indigenous rights in international law. These particular words signify general concerns with the integrity of Indigenous peoples, thereby undergirding a larger framework of normative beliefs, ethical arguments, and legal claims, especially the right to self-determination. Going back to the post-World War II era, this article traces the normative and institutional processes through which this overlapping discourse has emerged. Culminating with the adoption of the …
Key Ingredients In The Rule Of Law Recipe: The Role Of Judicial Independence In The Effective Establishment Of The Rule Of Law, Lauren A. Shumate
Key Ingredients In The Rule Of Law Recipe: The Role Of Judicial Independence In The Effective Establishment Of The Rule Of Law, Lauren A. Shumate
USF Tampa Graduate Theses and Dissertations
In recent decades, countries around the globe have engaged in rule of law and judicial reform initiatives, with such efforts being most prominent in transitional democracies, post-conflict and post-communist countries. Despite the fact that the concepts of judicial independence and the rule of law continue to be contested among political and legal scholars, popular wisdom and belief in the international community suggests that an independent judiciary is the cornerstone of a democratic, market-based society based on the rule of law. However, the disagreement over the extent to which an independent judiciary effects the establishment of the rule of law has …
Cyberwar And International Law: An English School Perspective, Anthony F. Sinopoli
Cyberwar And International Law: An English School Perspective, Anthony F. Sinopoli
USF Tampa Graduate Theses and Dissertations
Cyberwar challenges future endeavors of state security. As technological capability has improved, and access to information has become more widespread the importance of the issue in today's ever-globalizing world grows each day. A primary objective is to evaluate the place of cyber-warfare against nation-states and any repercussions under an international law paradigm. Utilizing an English School perspective, emphasis will be applied to the argument that disruptive circumstances could come to fruition if international conventions are not created to bring consensus and order among nation-states on this subject. This study hypothesizes that a future application could be an agreement under international …