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Articles 1231 - 1260 of 2919
Full-Text Articles in Entire DC Network
Assessing The Control-Theory, Jens David Ohlin, Elies Van Sliedregt, Thomas Weigend
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Japanese Legal Reform In Institutional, Ideological, And Comparative Perspective, Frank K. Upham
UC Law SF International Law Review
No abstract provided.