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1948-1998 : The Universal Declaration Of Human Rights And The Statute Of The International Criminal Court, Adriaan Bos

Fordham International Law Journal

I am pleased to comply with the request of the Editorial Board of the Fordham International Law Journal to introduce the readers to Book II of Volume 22, devoted to international human rights. This year we celebrate two important events: the adoption in Rome of the Statute of the International Criminal Court ("Rome Statute"), and the Fiftieth Anniversary of the Universal Declaration of Human Rights ("Universal Declaration"). Both events are very closely linked to one other. The adoption of the Rome Statute can be considered an implementation of part of the Universal Declaration. Many articles of the Rome Statute can …

A New Human Right--The Right To Globalization, Michael D. Pendleton

Fordham International Law Journal

This Essay attempts to give globalization an ideology and suggests that global identity and allegiance will use the law to establish these ideals. It argues that the principal tool will be extensions via the legal device of human rights--an individual's human right to globalization. This Essay also argues that national allegiance and globalization cannot stand together. Today, national allegiance is an anachronism and simply wrong. In the past, it was, in many cases, considered a virtue and resulted often in the highest individual self-sacrifice for the common good. Human rights to globalization, it is argued, entail at least the following …

Asset Forfeiture: Home And Abroad, Steven L. Kessler

ILSA Journal of International & Comparative Law

Good intention will always be pleaded for every assumption of power.... [T]he Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters. -Daniel Webster

Revoking An Aggressor's License To Kill Military Forces Serving The United Nations: Making Deterrence Personal, Walter Gary Sharp Sr.

Maryland Journal of International Law

No abstract provided.

Taking Aim At Regime Elites - Foreword: Thinking Seriously About War And Peace, Robert F. Turner

Maryland Journal of International Law

No abstract provided.

Taking Aim At Regime Elites: Assassination, Tyrannicide, And The Clancy Doctrine, Thomas C. Wingfield

Maryland Journal of International Law

No abstract provided.

Proceedings Of The Seminar

Maryland Journal of International Law

No abstract provided.

Diplomacy In The Modern World: A Reconsideration Of The Bases For Diplomatic Immunity In The Era Of High-Tech Communications, James S. Parkhill

UC Law SF International Law Review

Diplomatic immunity has existed throughout history as a way to ensure that diplomatic visitors to foreign nations remained free to perform their essential duties. It arose for two reasons: diplomats we'e extremely important to the conduct of interstate affairs, and the difficulties of travel and communication in previous eras made it essential for ambassadors to remain at liberty to perform their diplomatic duties. Clearly, modern methods of travel and communications have done much to eliminate the second basis.

This Note will examine the extent to which they may also have impacted the first rationale as well. In other words, when …

Velvet Glove And Iron Fist: A New Paradigm For The Permanent War Crimes Court, David S. Bloch, Elon Weinstein

UC Law SF International Law Review

The international community is committed to the creation of a Permanent War Crimes Tribunal. The Tribunal's operating charter will most likely mirror the charters of the Yugoslav and Rwandan International War Crimes Tribunals, a model the authors argue is unsuccessful for several reasons. They believe the Yugoslav and Rwandan tribunals are largely a farce and have become mechanisms for major international war criminals to escape capital punishment.

This article proposes an alternative to the current Permanent War Crimes Tribunal as it is envisioned. The authors' alternative tribunal consists of four independent but interrelated panels: an Indictment Panel, Truth and Reconciliation …

Microbialpolitik: Infectious Diseases And International Relations, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The Spanish Neutrality During The Second World War, Antonio Marquina

American University International Law Review

No abstract provided.

Panel Discussion

American University International Law Review

No abstract provided.

Representations Of Africa In Good Governance Discourse: Policing And Containing Dissidence To Neo-Liberalism,, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Waging War Against The World: The Need To Move From War Crimes To Environmental Crimes, Mark A. Drumbl

Fordham International Law Journal

The international community has been more hesitant in accounting for the environmental consequences of war. All that the international community has been able to negotiate is scattered collateral references in a variety of treaties and conventions. One immediate task will be to consolidate these references into a single document or treaty. A more daunting task, of which this easy shall provide a brief overview, is to develop a mechanism to ensure compliance with these standards, to deter deviation therefrom, and to allocate responsibility for wrongdoing. More specifically, this essay considers the ability of the International Criminal Court to perform such …

Women, War, And Words: The Gender Component In The Permanent International Criminal Court's Definition Of Crimes Against Humanity, Brook Sari Moshan

Fordham International Law Journal

This Comment addresses the intersection of gender issues and human rights law as illustrated by the formation of the permanent ICC. Specifically, it argues that the inclusion of gender- motivated crimes in the ICC's definition of crimes against humanity was necessary to emphasize women's wartime experiences and injuries, but that such inclusion is not enough to ensure gender justice as the ICC begins to prosecute war crimes and crimes against humanity. Part I of this Comment discusses the concept of gender-based crimes and illustrates these crimes through recent examples of gender-based violence. It also reviews the history of the ICC, …

Between Iraq And A Hard Place: The U.N. Compensation Commission And Its Treatment Of Gulf War Claims, Lea C. Owen

Vanderbilt Journal of Transnational Law

The United Nations Compensation Commission (UNCC) was formed in 1991 to address claims against Iraq arising out of the Gulf War. In its seven years of operation, the UNCC has received 2.6 million claims, with an asserted value of more than $244 billion. It has processed 2.4 million of these claims, for a total of $6 billion, and it has paid to victims more than $730 million. Despite these accomplishments, the UNCC has much left to do, and its efforts have been burdened by Iraq's post-war refusal to meet its treaty obligations. The UNCC now faces waning political support from …

The Human Rights To Food, Medicine And Medical Supplies, And Freedom From Arbitrary And Inhumane Detention And Controls In Sri Lanka, Jordan J. Paust

Vanderbilt Journal of Transnational Law

This Essay identifies the denial of adequate and available food and the denials of adequate medicine and medical supplies in Sri Lanka as serious human rights violations. Additionally, the Author cites customary international law and international agreements to support his conclusion that the government's denial of these necessities in Sri Lanka constitute war crimes. The Author discusses the human rights violations with respect to: (1) the right to adequate food; (2) the right to adequate medicine and medical supplies; and (3) the right to freedom from arbitrary and inhumane detention and controls. The Author concludes by urging that the U.S. …

Separation Anxiety: International Responses To Ethno-Separatist Claims, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Too Many Secrets: Challenges To The Control Of Strong Crypto And The National Security Perspective, J. Terrence Stender

Case Western Reserve Journal of International Law

No abstract provided.

Considering Our Position: Viewing Information Warfare As A Use Of Force Prohibited By Article 2(4) Of The U.N. Charter, Todd A. Morth

Case Western Reserve Journal of International Law

No abstract provided.

Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi

Penn State International Law Review (1982 - 2011)

No abstract provided.

A Noble Sacrifice? Jus Ad Bellum And The International Community's Gamble In Chechnya, Peter Daniel Dipaola

Indiana Journal of Global Legal Studies

No abstract provided.

The Five Bases Of Extraterritorial Jurisdiction And The Failure Of The Presumption Against Extraterritoriality, Wade Estey

UC Law SF International Law Review

A nation can exercise two types of jurisdiction: territorial and extraterritorial. The exercise of extraterritorial jurisdiction elicits controversy because of possible international law conflicts. The United States applies a presumption against extraterritorial application of domestic law. However, the presumption of extraterritorial application ignores the propriety of its use.

This Note revises the presumption upon reviewing various statutory and case law applications of extraterritorial jurisdiction in the United States. This Note also proposes a new paradigm for proper use of extraterritorial jurisdiction. The new paradigm posits that the presumption against extraterritorial jurisdiction can be rebutted in five situations: (1) Nationality Jurisdiction, …

Panel Discussion On International Environmental Crimes: Problems Of Enforceable Norms And Accountability, Myron H. Nordquist

ILSA Journal of International & Comparative Law

This panel's scope of discussion covers norms as well as compliance regarding international environmental crimes during both times of peace and armed conflict.

A Defense Of Unilateral Or Multi-Lateral Intervention Where A Violation Of International Human Rights Law By A State Constitutes An Implied Waiver Of Sovereignty, Mitchell A. Meyers

ILSA Journal of International & Comparative Law

This paper seeks to defend United States intervention in states that violate international human rights law. To explain the modem framework behind the legal justifications for intervention, it is necessary to review the historical development of international human rights law, the concept of sovereignty, and the continuing conflict between the two principles.

A Fronte Praecipitium A Tergo Lupi:' Towards An Assessment Of The Trial Of Dusko Tadic Before The Icty, Raymond M. Brown

ILSA Journal of International & Comparative Law

The voyage towards an evaluation of the first international war crimes trial in fifty years is perilous

Why The Oslo Accords Should Be Abrogated By Israel, Louis René Beres

American University International Law Review

No abstract provided.

The Oslo Accords: More Than Israel Deserves, John Quigley

American University International Law Review

No abstract provided.

Asil International Law Weekend: Panel On Internal Conflicts, Michael J. Matheson

ILSA Journal of International & Comparative Law

As John Crook has pointed out, most of the armed conflicts of recent years have been internal rather than international, and most of the suffering of the civilian population has occurred in these internal conflicts

International Humanitarian Law After Bosnia, Jean-Philippe Lavoyer

ILSA Journal of International & Comparative Law

To start, I would like to thank Professor Paust for inviting the International Committee of the Red Cross (I.C.R.C.) to participate in this panel. Its subject is indeed closely linked to the I.C.R.C.