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Articles 1741 - 1770 of 1867
Full-Text Articles in Entire DC Network
Beware Aggressors: In Times Of Conflict, The Eyes Of The World Are Upon You, Rachel M. Wittman
Beware Aggressors: In Times Of Conflict, The Eyes Of The World Are Upon You, Rachel M. Wittman
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Bonds Of American Nationhood, Kenneth L. Karst
The Bonds Of American Nationhood, Kenneth L. Karst
Cardozo Law Review
No abstract provided.
The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan
The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan
Faculty Articles and Other Publications
International criminal courts will be judged by their fairness to defendants as well as to victims. In a very practical way, such claims will hinge, inter alia, on the ability of prosecutors and defendants to have reasonable access to probative evidence. But international criminal courts depend on states to provide them with evidence or access to evidence. The obligation of states to cooperate with international criminal tribunals in the production of evidence was at issue in the recent decision of the International Criminal Tribunal for the former Yugoslavia in the Blaki case (1997). That judgment and the provisions of the …
Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons
Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl
Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl
Scholarly Articles
Following the 1994 Rwandan genocide, national and international trials set out to encourage national reconciliation, promote peace, punish perpetrators, foster a culture of human rights, and effect justice. In this Article, Professor Mark Drumbl questions the ability of these trials to achieve these goals and suggests they may in fact aggravate ethnic identity politics, thereby threatening Rwanda's long-term stability. He argues that the highly interdependent yet dualist nature of Rwandan society, together with the widespread level of participation in and victimization by the genocide, create a situation where accountability for the violence and the deterrence of future violence can be …
Defending Humanity, Peter Cicchino
News From The International Criminal Tribunals , Cecile E.M. Meijer, Amardeep Singh
News From The International Criminal Tribunals , Cecile E.M. Meijer, Amardeep Singh
Human Rights Brief
No abstract provided.
Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant
Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant
Michigan Journal of Gender & Law
This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …
The Finality Of Judgment And Sentence Prerequisite In The United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress And The President To Reform And Justifying Jurisdiction Of The Inter-American Human Rights Commission And Court, 15 Am. U. Int'l L. Rev. 1071 (2000), Ralph Ruebner, Lisa Carroll
UIC Law Open Access Faculty Scholarship
No abstract provided.
Sclerosis: Retributive Justice And The Rwandan Genocide, Mark A. Drumbl
Sclerosis: Retributive Justice And The Rwandan Genocide, Mark A. Drumbl
Scholarly Articles
In the 1994 Rwandan genocide 800,000 people were massacred. The victims were overwhelmingly of the minority Tutsi ethnic group and the aggressors of the majority Hutu group. At present, 125,000 Hutu prisoners remain incarcerated while awaiting trial on genocide-related charges. This article argues that these trials, and the extensive incapacitation that necessarily precedes them, may do little to promote justice, regime legitimacy, or national reconciliation in Rwanda. This, in turn, raises broader questions about the role of criminal punishment and sentencing in situations of mass violence. Criminality usually attaches to deviant conduct. Mass political violence -- from Nazi Germany to …
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Articles, Book Chapters, & Popular Press
If indeed, as has been said, "it is fashionable nowadays to discuss the problems that arise from the application of general human rights to extradition", then it is also true that human rights concerns are increasingly being raised with regard to other forms of international criminal co-operation as well. As compliance with international human rights norms has become the subject of greater scrutiny by both States and international adjudicative bodies, concerns have been raised regarding their application to the various processes by which States aid each other in combating transnational crime. Prosecuting authorities are presented with problems of how the …
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Articles, Book Chapters, & Popular Press
If indeed, as has been said, "it is fashionable nowadays to discuss the problems that arise from the application of general human rights to extradition", then it is also true that human rights concerns are increasingly being raised with regard to other forms of international criminal co-operation as well. As compliance with international human rights norms has become the subject of greater scrutiny by both States and international adjudicative bodies, concerns have been raised regarding their application to the various processes by which States aid each other in combating transnational crime. Prosecuting authorities are presented with problems of how the …
The Rise Or The Fall Of International Law?, Edith Brown Weiss
The Rise Or The Fall Of International Law?, Edith Brown Weiss
Georgetown Law Faculty Publications and Other Works
This Article argues that traditional international law is healthy in the sense that there are more international agreements than ever, and States continue to serve important roles in the international system. It is falling, however, as the sole focus of international legal efforts. It is necessary to redefine international law to include actors other than States among those who make international norms and who implement and comply with them, and to include legal instruments that may not be formally binding. These developments raise three important issues: the need for the new actors to be accountable and for the new norms …
Basic Rights And Anti-Terrorism Legislation, Kevin D. Kent
Basic Rights And Anti-Terrorism Legislation, Kevin D. Kent
Vanderbilt Journal of Transnational Law
This Note addresses whether Britain's Criminal Justice (Terrorism and Conspiracy) Act (CJTCA), which permits police officer opinion testimony as to whether a terrorist suspect is a member of an illegal terrorist organization and allows adverse inferences to be drawn from that suspect's silence, can be reconciled with the fair trial provisions of the Human Rights Act (HRA). Part II of this Note describes the background of the CJTCA, concentrating on the reasons for its rushed passage and on the evidentiary changes it makes to trials of defendants charged with terrorist offenses. Part II describes the background and mechanics of the …
Is America A Systematic Violator Of Human Rights In The Administration Of Criminal Justice?, Stephen C. Thaman
Is America A Systematic Violator Of Human Rights In The Administration Of Criminal Justice?, Stephen C. Thaman
All Faculty Scholarship
This article focuses on vast American violations of human rights in the administration of criminal justice. It traces the development of these rights in the context of the two most pernicious human rights violations plaguing the United States: the death penalty and racism in the enforcement of criminal laws. The author calls attention to the politicization of the American justice system and its devastatingly negative impact on America’s preservation of human rights.
Linking Human Rights, Rights Of Indigenous People And The Environment, Sevine Ercmann
Linking Human Rights, Rights Of Indigenous People And The Environment, Sevine Ercmann
Buffalo Environmental Law Journal
No abstract provided.
Law-Ing The Harmonic Familial Relationship: Development Of An Indigenous Feminist Legal Political Discourse On Child Domestic Abuse, Andy Man Chung Chiu, Vera Moon Hing Lam
Law-Ing The Harmonic Familial Relationship: Development Of An Indigenous Feminist Legal Political Discourse On Child Domestic Abuse, Andy Man Chung Chiu, Vera Moon Hing Lam
Buffalo Women's Law Journal
No abstract provided.
The Past, Present, And Future Of International Trafficking In Women For Prostitution, Michelle O. P. Dunbar
The Past, Present, And Future Of International Trafficking In Women For Prostitution, Michelle O. P. Dunbar
Buffalo Women's Law Journal
No abstract provided.
Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Michigan Law Review
The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …
Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro
Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro
University of Miami Inter-American Law Review
No abstract provided.
Appendix: Biographies Of Participants , American University Law Review
Appendix: Biographies Of Participants , American University Law Review
American University Law Review
No abstract provided.
Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review
Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review
American University Law Review
No abstract provided.
Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review
Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review
American University Law Review
No abstract provided.
Sobriety In A Post‐Genocidal Society: Good Neighborliness Among Victims And Aggressors In Rwanda?, Mark A. Drumbl
Sobriety In A Post‐Genocidal Society: Good Neighborliness Among Victims And Aggressors In Rwanda?, Mark A. Drumbl
Scholarly Articles
Now as Rwanda begins to mourn the firth anniversary of its genocide, it should also celebrate the fifth anniversary of its survival. As time passes, Rwanda enters a stage of social and historical development which can be referred to as the "post-genocidal" stage. Some would say that Rwanda is actually in an intra-genocidal phase, given the persistence of Hutu rebel insurrection throughout the country, specifically in the Ruhengeri prefecture of the north-west. Although the merits of this classification can be debated, fatalistically characterizing Rwanda to be intra-genocidal assumes an ability to look in the future, a task no scholar is …
Holding State Sovereigns Accountable For Human Rights Violations: Applying The Act Of State Doctrine Consistently With International Law, Rebecca A. Fleming
Holding State Sovereigns Accountable For Human Rights Violations: Applying The Act Of State Doctrine Consistently With International Law, Rebecca A. Fleming
Maryland Journal of International Law
No abstract provided.
The Northern Ireland Peace Agreement: Evolving The Principle Of Self-Determination, Paul Williams, Sabrineh Ardalan
The Northern Ireland Peace Agreement: Evolving The Principle Of Self-Determination, Paul Williams, Sabrineh Ardalan
Scholarly Articles in Law Reviews & Journals
Central to this article is the evolution of the nature of the principle of self-determination. The main focus will be on the examination of a recent instance of state practice — the Northern Ireland Peace Agreement. In particular, the way in which the Northern Ireland Peace Agreement has given effect to the primary elements of self-determination, including democratic self-government, the protection of human rights, and the protection of minority rights will be discussed.
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald Slye
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald Slye
Faculty Articles
This submission made to the TRC by the Allard K. Lowenstein International Human Rights Law Clinic, the Lawyers Committee for Human Rights, and twenty-one international law professors regarding apartheid as a crime against humanity (reproduced below) grew out of the debate within South Africa concerning apartheid, crimes against humanity, genocide, and Nazism. This submission is an authoritative statement by experts in international law concerning the legal status of apartheid and was drafted in part to clarify the relevant issues for a legal evaluation of apartheid-not only within the TRC, but also in broader South African and international society. The submission …
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye
Michigan Journal of International Law
The question of whether apartheid is a crime against humanity might seem an odd one for many people living outside South Africa-and indeed for the vast majority of people living inside South Africa. With the recent demise of legalized apartheid in South Africa, one might ask if apartheid's status under international law has any contemporary relevance beyond a small group of legal academics. The status of apartheid under international law-in particular whether apartheid constitutes a crime against humanity-is a question that the South African Truth and Reconciliation Commission ("TRC") was obligated to address in its final report.
Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen
Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen
Richmond Public Interest Law Review
To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …
Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen
Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen
Richmond Journal of Law and the Public Interest
To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …