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2009

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The Clash Of Commitments At The International Criminal Court, Tom Ginsburg Jan 2009

The Clash Of Commitments At The International Criminal Court, Tom Ginsburg

Chicago Journal of International Law

On July 10, 2008, International Criminal Court ("ICC") Prosecutor Luis Moreno-Ocampo informed members of the UN Security Council that he would be issuing an indictment against Sudanese President Omar Hassan al Bashir on charges of genocide and crimes against humanity for events in Darfur. The indictment, issued July 14, brought into stark relief the consequentialist debate over international criminal justice. Opponents of impunity celebrated the possibility that the international community might at last be willing to take concrete steps toward ending the Darfur genocide. On the other hand, aid groups on the ground feared retaliation and expulsion, and diplomats argued …

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No Way Out? The Question Of Unilateral Withdrawals Or Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd Jan 2009

No Way Out? The Question Of Unilateral Withdrawals Or Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd

Chicago Journal of International Law

This Article addresses the consequent issue: What if a state, self-referring or referring the situation in another country, changes its mind and attempts to "withdraw" its ICC referral? What is the role and appropriate response of the ICC at that point? This issue becomes especially relevant and pressing as events in Uganda unfold and the possibility looms of an attempted "withdrawal" of Uganda's referral. This Article examines the Rome Statute, the drafting history, and the expert commentaries, together with the statutory and case law of the other major human rights courts and bodies, and the Vienna Convention on the Law …

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Form, Function, And The Powers Of International Courts, Dinah Shelton Jan 2009

Form, Function, And The Powers Of International Courts, Dinah Shelton

Chicago Journal of International Law

This Article examines the interplay of form, function, and the powers exercised by international courts. It first considers the functions or attributes of any institution that carries the name "court" or "tribunal" and reflects upon whether there are powers that must be deemed inherent in such an institution to allow it to fulfill the judicial function, irrespective of limitations placed on the court's jurisdiction or the type of proceedings it conducts. This analysis can serve not only to understand international judicial powers, but also to aid in distinguishing international courts from nonjudicial treaty bodies and other international institutions concerned with …

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Breaking Up Doesn't Have To Be So Hard: Default Rules For Partition And Secession, Nathan Richardson Jan 2009

Breaking Up Doesn't Have To Be So Hard: Default Rules For Partition And Secession, Nathan Richardson

Chicago Journal of International Law

The creation of smaller new states by partition or secession from larger ones is among the most notable trends in the postwar international system. This trend has often been peaceful-as in the former Czechoslovakia-but conflict and discord seem to be the norm, with the breakup of and resulting war in the former Yugoslavia as perhaps the most tragic example. To the extent that the purpose of international law is, among other things, to promote peaceful relations and mutually beneficial agreements between international actors, it has largely failed to achieve this goal in cases where new states are created. This is …

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Keeping The Barbarians Outside The Gate: Toward A Comprehensive International Agreement Protecting Cultural Property, Edward M. Cottrell Jan 2009

Keeping The Barbarians Outside The Gate: Toward A Comprehensive International Agreement Protecting Cultural Property, Edward M. Cottrell

Chicago Journal of International Law

Nations feel an obligation to provide-indeed, a nation's citizens may demand-protection for their "cultural property": the works of art or architecture, religious or historical artifacts, or other physical embodiments of a nation's cultural output. When, however, such property is transported abroad, reclaiming the property may be difficult, at best, and all but impossible by nonviolent means, at worst. This Comment proposes a framework for a new international treaty governing both the treatment of cultural property and the creation of an international body to resolve disputes and promote the protection of cultural property. This is not a new goal, of course, …

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