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Assessing The Control-Theory, Jens David Ohlin, Elies Van Sliedregt, Thomas Weigend Sep 2013

Assessing The Control-Theory, Jens David Ohlin, Elies Van Sliedregt, Thomas Weigend

Cornell Law Faculty Publications

As the first cases before the ICC proceed to the Appeals Chamber, the judges ought to critically evaluate the merits and demerits of the control-theory of perpetratorship and its related doctrines. The request for a possible re-characterization of the form of responsibility in the case of Katanga and the recent acquittal of Ngudjolo can be taken as indications that the control-theory, is problematic as a theory of liability. The authors, in a spirit of constructive criticism, invite the ICC Appeals Chamber to take this unique opportunity to reconsider or improve the control-theory as developed by the Pre-Trial Chambers in the …


Provisional Arrest And Incarceration In The International Criminal Tribunals, Melinda Taylor, Charles Chernor Jalloh Aug 2013

Provisional Arrest And Incarceration In The International Criminal Tribunals, Melinda Taylor, Charles Chernor Jalloh

Santa Clara Journal of International Law

This article examines the widely ignored but important issue regarding the provisional arrest and detention of persons suspected of having committed international crimes by international or internationalized courts. The paper examines the pioneer case law and practice of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon, as well as the emerging practice of the permanent International Criminal Court, to evaluate how these courts have generally addressed the rights of these individuals to due process and freedom from arbitrary arrest and detention before …


Mock Trials And Real Justices And Judges, Richard A. Posner Aug 2013

Mock Trials And Real Justices And Judges, Richard A. Posner

Cardozo Law Review

No abstract provided.


Atrocity Crimes Litigation Year-In-Review Conference 2011, Phil Sandick Jul 2013

Atrocity Crimes Litigation Year-In-Review Conference 2011, Phil Sandick

Northwestern Journal of Human Rights

No abstract provided.


Delegating Investigations: Lessons To Be Learned From The Lubanga Judgment, Caroline Buisman Jul 2013

Delegating Investigations: Lessons To Be Learned From The Lubanga Judgment, Caroline Buisman

Northwestern Journal of Human Rights

No abstract provided.


Provisional Release At The Icty: Rights Of The Accused And The Debate That Amended A Rule, Raphael Sznajder Jul 2013

Provisional Release At The Icty: Rights Of The Accused And The Debate That Amended A Rule, Raphael Sznajder

Northwestern Journal of Human Rights

No abstract provided.


Atrocity Crimes Litigaton: Year-In-Review (2011) Conference Abridged Transcript, David Scheffer Jul 2013

Atrocity Crimes Litigaton: Year-In-Review (2011) Conference Abridged Transcript, David Scheffer

Northwestern Journal of Human Rights

No abstract provided.


A Janus Look At International Criminal Justice, Diane Marie Amann Jul 2013

A Janus Look At International Criminal Justice, Diane Marie Amann

Northwestern Journal of Human Rights

No abstract provided.


Superior Responsibility, Inferior Sentencing: Sentencing Practice At The International Criminal Tribunals, Christine Bishai Jul 2013

Superior Responsibility, Inferior Sentencing: Sentencing Practice At The International Criminal Tribunals, Christine Bishai

Northwestern Journal of Human Rights

No abstract provided.


Stl In The Year 2011: Atrocity Crime Litigation Review For The Year 2011, Kelsey Green, Michael Novak Jul 2013

Stl In The Year 2011: Atrocity Crime Litigation Review For The Year 2011, Kelsey Green, Michael Novak

Northwestern Journal of Human Rights

No abstract provided.


Book Review: Reimagining Child Soldiers In International Law And Policy By Mark A. Drumbl., Diane Marie Amann Jul 2013

Book Review: Reimagining Child Soldiers In International Law And Policy By Mark A. Drumbl., Diane Marie Amann

Scholarly Works

Book review of Reimagining Child Soldiers in International Law and Policy by Mark A. Drumbl(New York: Oxford Univ. Press, 2012).


To Catch A Pirate: Analyzing Processes Of Policy Making On Maritime Piracy, Victoria E. Collins Jul 2013

To Catch A Pirate: Analyzing Processes Of Policy Making On Maritime Piracy, Victoria E. Collins

Sociology & Criminal Justice Theses & Dissertations

There has been a resurgence of political and media interest in maritime piracy, specifically in the Gulf of Aden off the coast of Somalia. This is credited to a rise in the number of piracy attacks that have been committed in Somalia's coastal waters. In response to this rise in attacks there has been an increased deployment of military warships from as many as 30 different countries to the region in efforts to combat piracy. Although the problem of piracy has received much attention there has been little attention paid to the structural conditions within Somalia itself, such as the …


In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis Apr 2013

In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis

Touro Law Review

This report examines the international human rights treaties binding on the United States as well as other non-binding international human rights documents to ascertain the status of the right to counsel in civil cases, the so-called "Civil Gideon" right. The United Nations treaty monitoring bodies responsible for the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination have both indicated that legal assistance may be required to ensure fairness in civil cases. The Charter of the Organization of American States, to which the United States is a party, goes farther …


The Future Of Ad Hoc Tribunals: An Assessment Of Their Utility Post-Icc, Milena Sterio Apr 2013

The Future Of Ad Hoc Tribunals: An Assessment Of Their Utility Post-Icc, Milena Sterio

Law Faculty Articles and Essays

Over the past two decades, various mechanisms of international and regional justice have developed. The proliferation of international courts, hybrid tribunals, domestic war crimes chambers, truth commissions, civil compensation commissions, and other tools of accountability has sparked an academic debate over the usefulness of any such mechanism for redressing past violations of international law. This Article briefly discusses some of the best-known mechanisms of international, national, and "hybrid" justice, and assesses their role in light of the creation and existence of the International Criminal Court (ICC), the only permanent tribunal in international criminal law. Does international justice have a place …


Victim Participation At The Icc For Victims Of Gender-Based Crimes: A Conflict Of Interest?, Solange Mouthaan Apr 2013

Victim Participation At The Icc For Victims Of Gender-Based Crimes: A Conflict Of Interest?, Solange Mouthaan

Cardozo Journal of International and Comparative Law

The International Criminal Court (ICC) faces significant challenges in implementing victim participation as mandated by the Rome Statute, particularly in cases involving gender-based crimes. While victim participation is a groundbreaking feature of the ICC, its current system is overly burdensome, inconsistent, and ineffective, undermining the Court's core purposes of retribution, deterrence, and restorative justice. The ICC's reliance on state contributions for reparations and its failure to prosecute gender-based crimes vigorously further exacerbate these issues, raising concerns about fairness and efficiency in international criminal justice.


Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone, Charles C. Jalloh Apr 2013

Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone, Charles C. Jalloh

Articles

This Article examines the controversial article 1(1) of the Statute of the Special Court for Sierra Leone (SCSL) giving that tribunal the competence "to prosecute those who bear the greatest responsibility" for serious international and domestic crimes committed during the latter part of the notoriously brutal Sierra Leonean conflict. The debate that arose during the SCSL trials was whether this bare statement constituted a jurisdictional requirement that the prosecution must prove beyond a reasonable doubt or merely a type of guideline for the exercise of prosecutorial discretion. The judges of the court split on the issue. This paper is the …


Is Jus In Bello In Crisis?, Jens David Ohlin Mar 2013

Is Jus In Bello In Crisis?, Jens David Ohlin

Cornell Law Faculty Publications

It is a truism that new technologies are remaking the tactical and legal landscape of armed conflict. While such statements are undoubtedly true, it is important to separate genuine trends from scholarly exaggeration. The following essay, an introduction to the Drone Wars symposium of the Journal, catalogues today’s most pressing disputes regarding international humanitarian law (IHL) and their consequences for criminal responsibility. These include: (i) the triggering and classification of armed conflicts with non-state actors; (ii) the relative scope of IHL and international human rights law in asymmetrical conflicts; (iii) the targeting of suspected terrorists under concept- or status-based classifications …


From Pinochet In The House Of Lords To The Chevron/Ecuador Lago Agrio Dispute: The Hottest Topics In International Dispute Resolution, Charles N. Brower, Diane Brown Feb 2013

From Pinochet In The House Of Lords To The Chevron/Ecuador Lago Agrio Dispute: The Hottest Topics In International Dispute Resolution, Charles N. Brower, Diane Brown

Global Business & Development Law Journal

No abstract provided.


Redemption Deferred: Military Commissions In The War On Terror And The Charge Of Providing Material Support For Terrorism, Dana M. Hollywood Jan 2013

Redemption Deferred: Military Commissions In The War On Terror And The Charge Of Providing Material Support For Terrorism, Dana M. Hollywood

UC Law SF International Law Review

On June 24, 2011, the Court of Military Commission Review (CMCR) released its decision in the case of U.S. v. Hamdan, holding that material support for terrorism (MST) constitutes a law of war violation. The Court of Appeals for the D.C. Circuit granted certiorari and heard oral arguments in the case on May 3, 2012. The court released its decision on October 16, 2012, as this article was going to the publisher. This article argues that the charge of MST is not a violation of the law of war, and that is the conclusion ultimately reached by the D.C. Circuit. …


Obligation To Proceed To The Second Trial And The Potential Defense Argument, Kyunghwa Kim Jan 2013

Obligation To Proceed To The Second Trial And The Potential Defense Argument, Kyunghwa Kim

War Crimes Memoranda

No abstract provided.


Sexual Violence, The Ad Hoc Tribunals And The International Criminal Court: Reconciling Akayesu And Kunarac, Caleb J. Fountain Jan 2013

Sexual Violence, The Ad Hoc Tribunals And The International Criminal Court: Reconciling Akayesu And Kunarac, Caleb J. Fountain

ILSA Journal of International & Comparative Law

The International Criminal Court (ICC) will soon be the dominant international forum adjudicating allegations of international crimes, as those currently in operation are projected to complete their mandates in the next few years.


Combating Human Trafficking-The U.S. Government's Response: A Panel And A Perspective On Counter-Trafficking In Persons, Norman L. Greene, Eric Beinhart Jan 2013

Combating Human Trafficking-The U.S. Government's Response: A Panel And A Perspective On Counter-Trafficking In Persons, Norman L. Greene, Eric Beinhart

ILSA Journal of International & Comparative Law

Combating Human Trafficking-The U.S. Government's Response was a multi-agency, multi-disciplinary webinar held at the George Washington University Law School before a live audience at the Law School and on the internet on March 20, 2012, sponsored by the Law School and the American Bar Association Section of International Law' as well as by The American Society of International Law.


Political Economy Of Vietnam: Market Reform, Growth, And The State, Joshua M. Steinfeld, Khi V. Thai Jan 2013

Political Economy Of Vietnam: Market Reform, Growth, And The State, Joshua M. Steinfeld, Khi V. Thai

Maryland Series in Contemporary Asian Studies

No abstract provided.


First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root Jan 2013

First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root

University of Baltimore Journal of International Law

The yet to be implemented Article 8 bis of the Rome Statute criminalizes, as the crime of aggression, acts of aggression which by their “character, gravity and scale” constitute a “manifest violation” of the Charter of the United Nations. This article argues that Article 8 bis must be construed so as to exclude from the International Criminal Court’s jurisdiction uses of force, which are facial violations of the UN Charter, but which nonetheless comport with the principles and purposes of the Charter, such as bona fide humanitarian intervention unauthorized by the Security Council. This article examines and applies the Vienna …


The Libor Manipulation Scandal & The Wheatley Review: A Band-Aid On A Knife Wound, John Weldon Jan 2013

The Libor Manipulation Scandal & The Wheatley Review: A Band-Aid On A Knife Wound, John Weldon

Syracuse Journal of International Law and Commerce

No abstract provided.


Between Secession And Federalism: The Independence Of South Sudan And The Need For A Reconsidered Nigeria, Obehi S. Okojie Jan 2013

Between Secession And Federalism: The Independence Of South Sudan And The Need For A Reconsidered Nigeria, Obehi S. Okojie

Global Business & Development Law Journal

No abstract provided.


Global Issues In Immigration Law, Raquel Aldana, Won Kidane, Beth Lyon, Karla M. Mckanders Jan 2013

Global Issues In Immigration Law, Raquel Aldana, Won Kidane, Beth Lyon, Karla M. Mckanders

McGeorge School of Law Teaching Materials

This title is designed to introduce comparative and international perspectives to the study of immigration law and policy. Topics include an introductory discussion of comparative versus international law and the relevance of both to U.S. Jurisprudence; a comprehensive overview of international migration multilateral and bilateral regimes; glimpses into the immigration law and practices of Mexico, Canada, the European Union, the United Kingdom, France, and Spain; and a final part that examines international norms on freedom of movement, the right to nationality, policing, living conditions, immigrant workers and anti-terrorism law.


Only Fools Who Send Hyenas To Roast Meat For Them: In Search Of The Doctrinal Foundations Of The Not-So-Ordinary Crime Of Patrimonicide, Ndiva Kofele-Kale Jan 2013

Only Fools Who Send Hyenas To Roast Meat For Them: In Search Of The Doctrinal Foundations Of The Not-So-Ordinary Crime Of Patrimonicide, Ndiva Kofele-Kale

Florida A & M University Law Review

Crimes against humanity are generally considered crimes of such unimaginable horror that they shock the conscience of mankind. The Article challenges the international community to take a mental leap by recognizing that the contemporary version of official corruption is so fundamentally different from its historical antecedents that it deserves to (a) be called a different name: indigenous spoliation or patrimonicide; and (b), to be treated as an extraordinary crime that rises up to the level of a crime against humanity. Towards this end, the Article reviews the basic elements of a crime against humanity identified in various legal instruments, and …


The Future Of Ad Hoc Tribunals: An Assessment Of Their Utility Post- Icc, Milena Sterio Jan 2013

The Future Of Ad Hoc Tribunals: An Assessment Of Their Utility Post- Icc, Milena Sterio

ILSA Journal of International & Comparative Law

Over the past two decades, various mechanisms of international and regional justice have developed.


Japanese Legal Reform In Institutional, Ideological, And Comparative Perspective, Frank K. Upham Jan 2013

Japanese Legal Reform In Institutional, Ideological, And Comparative Perspective, Frank K. Upham

UC Law SF International Law Review

No abstract provided.