Digital Commons Network^™

The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Richard Herz

UC Law SF International Law Review

No abstract provided.

International Tribunals And Their Ability To Provide Adequate Justice: Lessons From The Yugoslav Tribunal, Ivana Nizich

ILSA Journal of International & Comparative Law

In 1994 and 1996, respectively, the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) were created by the United Nations Security Council to hold accountable those responsible for genocide, war crimes, crimes against humanity and other violations of international laws and norms.

The United States And The International Criminal Court: A Recommendation For The Bush Administration, Michael P. Scharf

ILSA Journal of International & Comparative Law

In the waning days of his presidency, William J. Clinton authorized the United States signature of the Rome Treaty establishing an International Criminal Court (ICC), making the United States the 138th country to sign the treaty by the December 30th deadline.

Accountability And International Actors In Bosnia And Herzegovina, Kosovo And East Timor, Ralph Wilde

ILSA Journal of International & Comparative Law

Current international involvement in Bosnia and Herzegovina, Kosovo and East Timor has two elements.

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law?, Michael P. Scharf

ILSA Journal of International & Comparative Law

The problem of defining "terrorism" has vexed the international community for years.

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Impunity In Guatemala: The State's Failure To Provide Justice In The Massacre Cases, Nathanael Heasley, Rodger Hurley, Kara E. Irwin, Andrew H. Kaufman, Nadine Moustafa, Alain Personna

American University International Law Review

No abstract provided.

The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin

American University International Law Review

No abstract provided.

Assault On Sovereignty: The Clear And Present Danger Of The New International Criminal Court, Guy Roberts

American University International Law Review

No abstract provided.

Current Apathy For Coming Anarchy: Building The Special Court For Sierra Leone, Nicole Fritz, Alison Smith

Fordham International Law Journal

Part I of this Article examines the chronology of the decade-long conflict in Sierra Leone. It provides an illuminating backdrop against which the Special Court may be assessed and highlights particular features that the institutional design of the Special Court would have to accommodate. Part II explores the precedents for the Special Court. Specifically, it considers the establishment of the International Criminal Tribunal for the Former Yugoslavia ("ICTY") and the International Criminal Tribunal for Rwanda ("ICTR"), and the impetus behind the International Criminal Court, developments that parallel in time the unfolding of Sierra Leone's conflict. Part III subjects particular features …

Introduction- Twenty-Five Years Of The Fordham International Law Journal, Joseph C. Sweeney

Fordham International Law Journal

A review of the history of the Fordham ILJ. It is a partial reprint of an essay published in 20 FORDHAM INT'L L.J. 1 (1996). The essay attempts to briefly summarize the purpose of the ILJ and past volumes.

The Post-Conflict Transitional Administration Of Kosovo And The Lessons-Learned In Efforts To Establish A Judiciary And Rule Of Law, Wendy S. Betts, Scott N. Carlson, Gregory Grisvold

Michigan Journal of International Law

The study of post-conflict Kosovo presents an important opportunity to distill lessons that can provide guidance for future post-conflict, transitional administrations. The lessons-learned from an analysis of any post-conflict setting are many and varied. The goal of this short paper is limited to the identification of key lessons-learned in the effort to reestablish the judiciary and rule of law in post-conflict Kosovo. Even within this limited setting, this paper is not intended to provide exhaustive coverage of the issue. Rather, it is intended to provide the reader with basic information and central themes that are essential to a discussion of …

Human Rights In Transition: The Success And Failure Of Polish And Russian Criminal Justice Reform, Shannon C. Krasnokutski

Case Western Reserve Journal of International Law

No abstract provided.

The International Criminal Tribunals: Crime And Punishment In The International Arena, Gabrielle Kirk Mcdonald

ILSA Journal of International & Comparative Law

The International Criminal Tribunals for the former Yugoslavia and for Rwanda have come a long way since their establishment in 1993 and 1994, respectively.

The Impact Of The Protocol To Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Children, Kelly E. Hyland

Human Rights Brief

No abstract provided.

The European Court Of Human Rights’ Jurisprudence On Issues Of Forced Disappearances, Gobind Singh Sethi

Human Rights Brief

No abstract provided.

The Yugoslav Truth And Reconciliation Commission: A Shaky Start, Jelena Pejic

Fordham International Law Journal

The purpose of this Essay is to examine the establishment of the Yugoslav Truth and Reconciliation Commission and to draw some early conclusions on whether it will be capable of rendering the facts that I would so desperately like my uncle to face. The first part will deal with the need for a Truth and Reconciliation Commission, while the second part will outline and then comment on its basic documents. The assumption is that the reader is basically familiar with the work of similar commissions around the world and the text will therefore not attempt to repeat the literature on …

The Prosecution Of Persons Who Sexually Exploit Children In Countries Other Than Their Own: A Model For Amending Existing Legislation, Daniel Edelson

Fordham International Law Journal

Part I of this Note describes child sex tourism, focusing on both the tourists and their victims. Additionally, Part I discusses extraterritorial legislation as a means to combat child sex tourism. Part II presents country specific examples of extraterritorial legislation against the sexual exploitation of children. Part III sets forth a model of extraterritorial legislation against child sex tourism as well as non-legislative steps that countries should take in response to child sex tourism. Finally, Part III recommends changes that the United States should adopt to more effectively address child sex tourism.

Switzerland & The International Trade In Art & Antiquities, Michele Kunitz

Northwestern Journal of International Law & Business

Recently, Switzerland has proposed a law that would significantly tighten its regulation of the antiquities trade. The draft law seeks to comport Swiss law with the broad goals of international conventions on the protection and transfer of cultural property. However, given Switzerland's past reluctance to curtail the illicit trade in antiquities, it remains unclear whether this measure will pass or if passed, whether the law would be adequately enforced. The primary aim of this Comment is to detail the history of international law as it pertains to cultural property and draw attention to the Swiss role in fostering the illicit …

A Comparative Analysis Of National Rules In The United States, The United Kingdom And Canada On The Ethical Duties Of A Judge, Prosecutor And Defense Counsel On Making Commentary To The Press In An Ongoing Case, Bradley M.J. Kellogg

War Crimes Memoranda

No abstract provided.

The Price Of Passion: The Banishment Of English Hooligans From Football Matches In Violation Of Fundamental Freedoms, Geoff Beckham

UC Law SF International Law Review

International football is the world's most popular team sport. As often as the global football community exults in worldwide camaraderie, its image is scarred by the inexplicably violent behavior of its supporters.

This Note examines English efforts to curb hooliganism through recently-enacted legislation. The anti-hooligan laws are analyzed in light of the protections guaranteed in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the U.S. Constitution. This Note concludes that English hooligan laws violate Article 7 of the European Convention and the ex post facto clause of the U.S. Constitution.

An Assessment Of The Icc Statute, Roy S. Lee

Fordham International Law Journal

The large number of signature States together with the current speed of ratification from various regions of the world seems to indicate the general acceptance of the treaty; many of the problems first identified have since been clarified and resolved. It seems reasonable to expect the Rome Statute to come into operation as early as next summer. While it is necessary to ensure effective criminal investigation and prosecution to counter serious human rights violations, we need also to develop additional ways and means for addressing the root causes that led to violations and impunity. Justice is important but justice alone …

Expert Witnesses, Kimberly M. Miles

War Crimes Memoranda

No abstract provided.

Surrender Of Accused By Domestic States To The Ictr, Agnes Escurel

War Crimes Memoranda

No abstract provided.

The Balancing Of The Rights Of The Accused Against The Rights Of A Witness In Regard To Anonymous Testimony., Anna M. Haughton

War Crimes Memoranda

No abstract provided.

The Exercise Of Universal Jurisdiction By Belgium Over Ictr Targets, Julia J. Carabillo

War Crimes Memoranda

No abstract provided.

Undue Delay, Kelly M. Before

War Crimes Memoranda

No abstract provided.

The Degree Of Corroboration Required For A Witness’ Testimony To Be Considered Credible By The Trial Chamber., Patricia Wedding

War Crimes Memoranda

No abstract provided.

Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye

LLM Theses and Essays

Concurrent criminal jurisdiction depicts a scenario where two or more judicial systems have the legal capacity to investigate, prosecute and punish an accused person for the same criminal acts under their respective, separate jurisdiction. This usually occurs between sovereign states. In the realm of crimes under international law, the distinguishing characteristic is the universal jurisdiction that is conferred on all States to prosecute and punish the perpetrators of such crimes. The "cumulative effect of these different principles of jurisdiction sometimes is to vest multiple states with concurrent jurisdiction to prosecute a given crime. This paper would attempt to analyze the …