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Articles 1141 - 1170 of 2919
Full-Text Articles in Entire DC Network
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
Penn State Journal of Law & International Affairs (2012 - Present)
The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court have come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution’s investigative …
Foreword, Claudio Grossman
Foreword, Claudio Grossman
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
What Do Human Rights Lawyers Do: Examining Practice And Expertise In The Field, Elizabeth Bruch
What Do Human Rights Lawyers Do: Examining Practice And Expertise In The Field, Elizabeth Bruch
Buffalo Human Rights Law Review
No abstract provided.
A Constitution At A Crossroads: A Conversation With The Chief Justice Of The Constitutional Court Of South Africa, Drew F. Cohen
A Constitution At A Crossroads: A Conversation With The Chief Justice Of The Constitutional Court Of South Africa, Drew F. Cohen
Northwestern Journal of Human Rights
No abstract provided.
The Invisible Women: Have Conceptions About Femininity Led To The Global Dominance Of The Female Human Trafficker?, 7 Alb. Gov't L. Rev. 143 (2014), Samuel Vincent Jones
The Invisible Women: Have Conceptions About Femininity Led To The Global Dominance Of The Female Human Trafficker?, 7 Alb. Gov't L. Rev. 143 (2014), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
Virtually no academic or media attention has been dedicated to female traffickers, or female delinquency, in general. Human trafficking, like other crimes, has been myopically constructed, marketed, and viewed through news reports, cinema, literature, and criminal statutes as a heinous male-perpetrated offense against women and girls, rendering the female trafficker practically invisible. This essay questions the soundness and viability of continued reliance on the female victim-male culprit paradigm, used by many countries to prevent human trafficking. It confronts contemporary assumptions about femininity, violence, and aggression, calling particular attention to American cultural suppositions about femaleness that have detrimentally influenced our capacity …
Just Outcomes, Overreaching Rationales: How International Criminal Law's Achievements Augur Flawed Responses To Political Violence, Brad R. Roth
Law Faculty Research Publications
No abstract provided.
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 …
Resisting Rulemaking: Challenging The Montana Settlement's Title Ix Sexual Harassment Blueprint, Katie Jo Baumgardner
Resisting Rulemaking: Challenging The Montana Settlement's Title Ix Sexual Harassment Blueprint, Katie Jo Baumgardner
Notre Dame Law Review
Every university and college across the nation—with the exception of three—accepts federal financial assistance. Consequently, in the world of higher education, the impact of administrative regulation and compliance that accompanies federal funding cannot be overstated. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance. The text of Title IX states that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program …
The Applicability Of The Crime Of Aggression To Armed Conflicts Involving Quasi-States, Hyeyoung Lee
The Applicability Of The Crime Of Aggression To Armed Conflicts Involving Quasi-States, Hyeyoung Lee
Maurer Theses and Dissertations
The crime of aggression, as defined in the Rome Statute of the International Criminal Court, is only applicable to inter-state armed conflicts. There is, however, a gray area when an armed conflict erupts in the territory of a recognized state and initially looks like civil war, but has international elements such as the involvement of a quasi-state whose status and rights are disputed in international law. Resolving the issue of whether the crime of aggression is applicable to disputes involving quasi-states is important because (1) there are many quasi-states throughout Europe, Asia, and Africa; and (2) quasi-states are a …
Energy Reform In Mexico: Lessons And Warnings From International Law, Guillermo J. Garcia Sanchez
Energy Reform In Mexico: Lessons And Warnings From International Law, Guillermo J. Garcia Sanchez
Faculty Scholarship
The article analyzes some of the contents of the Mexican Energy Reform of 2013 and warns on the international legal implications that the path that Mexico has chosen to follow could bring to its economy and international relations. Concretely, it argues that in order to avoid falling into the same mistakes made by other Latin American countries in the region, Mexico must consider its obligations contained in international treaties signed with the United States on transboundary resources, and its obligations in bilateral investment treaties that protect foreign investors from certain government acts and policies.
The United States’ Position On The Extraterritorial Application Of Human Rights Obligations: Now Is The Time For Change, Beth Van Schaack
The United States’ Position On The Extraterritorial Application Of Human Rights Obligations: Now Is The Time For Change, Beth Van Schaack
International Law Studies
This article contends that in the upcoming Human Rights Committee proceedings, the U.S. should abandon the categorical argument that its human rights obligations do not apply extraterritorially in favor of a more nuanced approach that reflects the majority position reached by the range of human rights treaty bodies and courts as well as the legal framework applicable to our coalition partners and other allies. The U.S. failure to acknowledge limited, well-established, and principled exceptions to a strictly territorial application of its human rights obligations ultimately undermines the legitimacy of other, more efficacious, arguments at its disposal—such as its position on …
No Excuse: The Failure Of The Icc’S Article 31 “Duress” Definition, Benjamin J. Risacher
No Excuse: The Failure Of The Icc’S Article 31 “Duress” Definition, Benjamin J. Risacher
Notre Dame Law Review
This Note proceeds in four Parts. Part I traces the historical development of “duress” through the common and civil law systems, World War II cases, the Model Penal Code (MPC) and, finally, through an in-depth analysis of the Erdemovic case before the ICTY Appeals Chamber discussed in the introduction. Part II then discusses “duress” under Article 31 of the Rome Statute and includes a survey of the Article’s drafting history, a statutory analysis of Article 31, and an application of the ICC definition of “duress” to the Erdemovic set of facts. This Part highlights the unjust result that inevitably occurs …
Digital Fingerprints: Using Electronic Evidence To Advance Prosecutions At The International Criminal Court, Alexa Koenig, Eric Stover, Camille Crittenden, Stephen Cody
Digital Fingerprints: Using Electronic Evidence To Advance Prosecutions At The International Criminal Court, Alexa Koenig, Eric Stover, Camille Crittenden, Stephen Cody
Suffolk University Law School Faculty Works
This report summarizes efforts to improve the collection and use of electronic evidence in atrocity crime prosecutions at the International Criminal Court.
Over There: Teaching International And Comparative Law At West Point, Robert J. Goldstein
Over There: Teaching International And Comparative Law At West Point, Robert J. Goldstein
ILSA Journal of International & Comparative Law
The 2013 International Law Weekend panel discussion, "Teaching International Law Outside Law Schools," was considered by many present to be a novel reflection on the challenges of transplanting a law school-level course in international law to non-law students.
Surveillance And Law Enforcement: Tools In The Fight Against Terror In A Comparative Study Of The United States And Pakistan, Waris Husain
Surveillance And Law Enforcement: Tools In The Fight Against Terror In A Comparative Study Of The United States And Pakistan, Waris Husain
ILSA Journal of International & Comparative Law
In the aftermath of September 11, 2001 (9/11), nations around the world began adopting emergency measures that emphasized national security but infringed on the rights guaranteed to citizens through their respective domestic constitutions and international law.
The 2014 Philip C. Jessup International Law, The State Of Amalea, The Republic Of Ritania
The 2014 Philip C. Jessup International Law, The State Of Amalea, The Republic Of Ritania
ILSA Journal of International & Comparative Law
The State of Amalea ["Amalea"] and the Republic of Ritania ["Ritania"] hereby submit the present dispute to the International Court of Justice ["The Court"] pursuant to Article 40(1) of the Court's Statute, in accordance with Special Agreement for submission to the Court of the differences between the parties concerning certain activities within the Malachi Gap, signed in the Hague, the Netherlands, this 17 th day of September in the year two thousand and thirteen.
Legal Cases On Posthumous Reputation And Posthumous Privacy: History Censorship, Law, Politics And Culture, Bo Zhao
Syracuse Journal of International Law and Commerce
It is a well-established doctrine in common law countries that law does not protect the reputation and privacy of the deceased. However, many countries, including Westem European democracies, protect them to various extents by confining free expression and exchange of information and ideas regarding the dead and the past. Such an instrumental use of defamation law and privacy law can provide censorship of history with justifiable legal grounds. Based on an analysis of representative legal cases on posthumous reputation and posthumous privacy collected across the world, this article tries to offer a thorough analysis of the phenomenon of how legal …
The International Rule Of Law In A Human Rights Era
The International Rule Of Law In A Human Rights Era
Global Business & Development Law Journal
No abstract provided.
In Opposition Of Cultural Institutionalization Of Speech Following U.S. Intervention Into Foreign Governments, Carmen M. Cusack
In Opposition Of Cultural Institutionalization Of Speech Following U.S. Intervention Into Foreign Governments, Carmen M. Cusack
Barry Law Review
No abstract provided.
The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh
The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh
Faculty Publications
A fundamental aspect of United States criminal law is the presumption of innocence until proven guilty. A corollary right gives every American a Constitutional right to counsel or the right to represent herself in person if she so chooses. In international criminal law, similar fundamental rights are theoretically offered to accused persons under the statutes of the courts and under general international human rights law. However, unlike the U.S. criminal justice system, international criminal tribunals have generally failed to honor the lofty promises contained in their constitutive instruments. But it is not the principled lack of adherence to ensuring the …
Informal Transnational Police-To-Police Information Sharing: Its Structure And Reform, Michael Robert Walton
Informal Transnational Police-To-Police Information Sharing: Its Structure And Reform, Michael Robert Walton
LLM Theses
This thesis examines the informal sharing of information and cooperation between police agencies across international borders, and how it is or should be informed by international human rights law. The author looks at how intelligence-led policing theory has affected transnational policing. A distinction is made between police actions made on domestic soil that have adverse consequences abroad and police actions made on foreign soil that have adverse consequences. The first category of cases is firmly within jurisdiction and covered by domestic and international legal obligations. The second category of cases introduces the concept of the extraterritorial application of international human …
Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana Lavilla
Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana Lavilla
Claremont-UC Undergraduate Research Conference on the European Union
This paper explores the relationship between international war crimes tribunals and reconciliation in post-conflict societies. The aim of the present study was to examine how the role of international war crimes tribunals has changed in the peacebuilding process since the early years after World War II. Due to the evolving nature of international law and the international criminal legal system, international tribunals have become increasingly recognized as an integral component of peacebuilding in post-conflict societies. The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first international tribunal with a mandate to contribute to international peace and security. The …
International Law Weekend 2013 Keynote Address: The Advocate In The Transnational Justice System, Donald F. Donovan
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.
The Effectiveness Of International Adjudicators, Laurence R. Helfer
The Effectiveness Of International Adjudicators, Laurence R. Helfer
Faculty Scholarship
This chapter, in the Oxford Handbook of International Adjudication, provides an overview of the burgeoning literature on the effectiveness of international courts and tribunals (ICs). It considers four dimensions of effectiveness that have engendered debates among scholars or received insufficient scrutiny. The first dimension, case-specific effectiveness, evaluates whether the litigants to a specific dispute change their behavior following an IC ruling, an issue closely linked to compliance with IC judgments. The second variant, erga omnes effectiveness, assesses whether IC decisions have systemic precedential effects that influence the behavior of all states subject to a tribunal’s jurisdiction. The third approach, embeddedness …
New Thinking In The Fight Against Marine Piracy: Financing And Plunder Pre-Empting Piracy Before Prevention Becomes Necessary, Hugh R. Williamson
New Thinking In The Fight Against Marine Piracy: Financing And Plunder Pre-Empting Piracy Before Prevention Becomes Necessary, Hugh R. Williamson
Case Western Reserve Journal of International Law
No abstract provided.
International Maritime Piracy: An Old Profession That Is Capable Of New Tricks, But Change Is Possible, Simon Barker
International Maritime Piracy: An Old Profession That Is Capable Of New Tricks, But Change Is Possible, Simon Barker
Case Western Reserve Journal of International Law
No abstract provided.
Children And Marine Piracy, Shelly L. Whitman
Children And Marine Piracy, Shelly L. Whitman
Case Western Reserve Journal of International Law
No abstract provided.
The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber Is Sheep's Clothing, Mark A. Summers
The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber Is Sheep's Clothing, Mark A. Summers
Faculty Scholarship
No abstract provided.
Talking Foreign Policy: A Roundtable On Piracy, Michael P. Scharf
Talking Foreign Policy: A Roundtable On Piracy, Michael P. Scharf
Case Western Reserve Journal of International Law
No abstract provided.
Twenty-First-Century Problems -- Twentieth-Century International Law, Harold Hongju Koh
Twenty-First-Century Problems -- Twentieth-Century International Law, Harold Hongju Koh
Case Western Reserve Journal of International Law
No abstract provided.