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Articles 2221 - 2250 of 2910
Full-Text Articles in Entire DC Network
When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker
West Virginia Law Review
No abstract provided.
Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova
Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova
ILSA Journal of International & Comparative Law
On May 19, 2004, the United States introduced a Resolution to the United Nations Security Council for a third year in a row, requesting it to exempt from the International Criminal Court (ICC) all current and former troops and personnel from non-International Criminal Court member states, like the United States, who serve on United Nations' missions.
The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne
The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne
ILSA Journal of International & Comparative Law
The Caribbean Single Market and Economy (CMSE) is a work in progress.
Address To The American International Law Association, Tal Becker
Address To The American International Law Association, Tal Becker
ILSA Journal of International & Comparative Law
It is a pleasure and an honor for me to participate in this panel discussion. In my day job, I serve as the legal adviser to Israel's mission to the United Nations, and most of my comments today emerge less from academic research into the field of universal jurisdiction, and more from practical experience in issues related to international criminal justice both at the UN and outside it.
International Legal Updates, Sara Ibrahim, Patricia Staible, Meghan Stewart
International Legal Updates, Sara Ibrahim, Patricia Staible, Meghan Stewart
Human Rights Brief
No abstract provided.
Updates From The International Criminal Courts, Tejal Jesrani
Updates From The International Criminal Courts, Tejal Jesrani
Human Rights Brief
No abstract provided.
The Implementation Of Constitutional Human Rights In Afghanistan, Mir Hermatullah Sadat
The Implementation Of Constitutional Human Rights In Afghanistan, Mir Hermatullah Sadat
Human Rights Brief
No abstract provided.
The International Criminal Court: A New And Necessary Institution Meriting Continued International Support, Judge Philippe Kirsch
The International Criminal Court: A New And Necessary Institution Meriting Continued International Support, Judge Philippe Kirsch
Fordham International Law Journal
This Article highlights some of the key features of the ICC, and concludes by outlining the support it will need in striving to create a world in which devastating actions are properly addressed and punished. Part I of this Note describes the history of the ICC. Part II discusses the crimes within the Court's jurisdiction. Part III further discusses jurisdiction. Part IV reviews the procedure of the court. Part V concerns the current status of the Court.
Universal Jurisdiction In Abstentia, Ryan Rabinovitch
Universal Jurisdiction In Abstentia, Ryan Rabinovitch
Fordham International Law Journal
The purpose of this Article is to provide some clarification of universal jurisdiction in absentia. It begins with a brief overview of the state of international law on the issue, centering on the decision of the minority judges who treated it in the Arrest Warrant decision, and discuss the applicable principles of international law, international treaties, and custom. It then briefly examines whether allowing States to exercise universal jurisdiction in absentia is consistent with the historical and philosophical justifications for the existence of universal jurisdiction generally. The final section of the Article discusses the policy implications of such an exercise.
Terrorism - The Definitional Problem, Alex Schmid
Terrorism - The Definitional Problem, Alex Schmid
Case Western Reserve Journal of International Law
No abstract provided.
Is There A Basis For The Argument That The Detainees At Guantanamo Bay Are Entitled To Constitutional Protections?, Mark Pustay
Is There A Basis For The Argument That The Detainees At Guantanamo Bay Are Entitled To Constitutional Protections?, Mark Pustay
War Crimes Memoranda
No abstract provided.
The Icc Has Jurisdiction Where War Crimes, Crimes Against Humanity Or Genocide Are Committed Within The Territory Of A State Party. Can It Also Prosecute Those Who Plan Or Order Such Crimes, If They Do So Outside The Territory Of A State Party And If They Are Not Nationals Of A State Party?, Christa A. Grywalsky
War Crimes Memoranda
No abstract provided.
Legalistic Individualism: An Alternative Analysis Of Kagan's Adversarial Legalism, Michael Dominic Meuti
Legalistic Individualism: An Alternative Analysis Of Kagan's Adversarial Legalism, Michael Dominic Meuti
UC Law SF International Law Review
An underlying ethos of American law is that an adversarial setting is a prerequisite for proper resolution of a dispute. But is that accurate? Comparative scholars have illustrated the diversity of methods available. In Adversarial Legalism, Robert Kagan considers the merits of these alternative systems. Although the book is not intended as a comprehensive agenda for reform, Kagan's message is clear: our procedures and methods for resolving disputes are a matter of choice, no matter how natural or entrenched they may appear to be. To the extent they do not serve us well, we should exercise our ability to make …
Does The Conspiracy Charge On Our Current Charge Sheet For Hamdan Constitute A War Crime Of Other Crime Triable By Military Commission?, Pallavi Chintapalli
Does The Conspiracy Charge On Our Current Charge Sheet For Hamdan Constitute A War Crime Of Other Crime Triable By Military Commission?, Pallavi Chintapalli
War Crimes Memoranda
No abstract provided.
Hazing And Initiation Rites As International War Crimes, John R. Tullio
Hazing And Initiation Rites As International War Crimes, John R. Tullio
War Crimes Memoranda
No abstract provided.
The Effect Of The International Covenant Of Civil And Political Rights On The United States Of America, Monica E. Nussbaum
The Effect Of The International Covenant Of Civil And Political Rights On The United States Of America, Monica E. Nussbaum
War Crimes Memoranda
No abstract provided.
The Jurisdiction Of Military Commissions Over Those Captured On The Battlefield In Afghanistan And Then Moved To Guantanamo Bay Naval Base For Trial, Beau D. Hollowell
The Jurisdiction Of Military Commissions Over Those Captured On The Battlefield In Afghanistan And Then Moved To Guantanamo Bay Naval Base For Trial, Beau D. Hollowell
War Crimes Memoranda
No abstract provided.
The Prosecutor’S Duty To Disclose Exculpatory Evidence To The Defense And The Method And Timing Of Such Disclosure, Matthew R. Roznovak
The Prosecutor’S Duty To Disclose Exculpatory Evidence To The Defense And The Method And Timing Of Such Disclosure, Matthew R. Roznovak
War Crimes Memoranda
No abstract provided.
Whether The Referrals To The Icc By Uganda And The Democratic Republic Of Congo Violate The Principle Of Complementarity, Andrea Telloni
Whether The Referrals To The Icc By Uganda And The Democratic Republic Of Congo Violate The Principle Of Complementarity, Andrea Telloni
War Crimes Memoranda
No abstract provided.
The Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Ahran Kang
The Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Ahran Kang
War Crimes Memoranda
No abstract provided.
Completing The Mandates Of The Ad Hoc International Criminal Tribunals: Lessons From The Nuremberg Process?, Daryl A. Mundis
Completing The Mandates Of The Ad Hoc International Criminal Tribunals: Lessons From The Nuremberg Process?, Daryl A. Mundis
Fordham International Law Journal
On September 2, 2004, the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (“ICTY”) filed a formal request for the transfer of the Ademi & Norac case to Croatia, pursuant to Rule 11 bis of the ICTY Rules of Procedure and Evidence (“ICTY RPE”). With this filing, the Prosecutor took an important and positive step towards giving effect to the completion strategy of the ICTY. This Article will discuss the steps taken by the ICTY and its sister institution, the International Criminal Tribunal for Rwanda (“ICTR”), to fulfill their mandates by focusing only on the most senior perpetrators …
Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf
Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf
Faculty Publications
This article examines the proposal to define terrorism as the peacetime equivalent of war crimes in the context of answering two questions: First, why might it be useful to define terrorism by reference to the existing laws of war? And second, what are the potential negative consequences which might counsel against such an approach?
Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus
Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus
Michigan Journal of International Law
It will come as a surprise to many readers that Professor Teubner presented their fascinating contribution on regime collision to the Michigan Journal of International Law's Symposium on a panel devoted to "the Role of the State in International Law." Indeed, one could not imagine better devil's advocates than Professor Teubner and Dr. Andreas Fischer-Lescano. They propose a radical break with a concept of international law and order based on the autonomous will of Nation-States. Accordingly, legal regulation does not only, if at all, emanate from Nation-States, but from a panoply of other public and, mostly, private actors. Thus, the …
Retrospective Justice Or Retroactive Standards? Human Rights As A Sword In The East German Leaders Case, Brad R. Roth
Retrospective Justice Or Retroactive Standards? Human Rights As A Sword In The East German Leaders Case, Brad R. Roth
Law Faculty Research Publications
No abstract provided.
International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant
International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant
Law Faculty Scholarship
No abstract provided.
Book Review. From Anarchy To Allottopia, David P. Fidler
Book Review. From Anarchy To Allottopia, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Beyond Imminence: Evolving International Law And Battered Women's Right To Self-Defense, Shana Wallace
Beyond Imminence: Evolving International Law And Battered Women's Right To Self-Defense, Shana Wallace
Articles by Maurer Faculty
No abstract provided.
The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh
The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh
Cardozo Journal of Conflict Resolution
This Article will consider mediation as just one innovation within the much larger evolution of the judicial system of the United States. First, this Article will outline how the values of democratic governance undergird our traditional picture of the American justice system, presumably because the invocation of such values helps the system to deliver something that will be respected by the nation's citizens as "justice." The Article will then highlight particular aspects of the changing picture of the American civil justice system to suggest that today's sprawling and multitiered structure is increasingly disengaged from its democratic roots. Finally, the Article …
Lesser Evils In The War On Terrorism, Mark A. Drumbl
Lesser Evils In The War On Terrorism, Mark A. Drumbl
Case Western Reserve Journal of International Law
No abstract provided.
Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf
Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf
Case Western Reserve Journal of International Law
No abstract provided.