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Articles 1 - 6 of 6
Full-Text Articles in Legal
The Quick And The Dead (And The Transported), Manushag N. Powell
The Quick And The Dead (And The Transported), Manushag N. Powell
ABO: Interactive Journal for Women in the Arts, 1640–1830
In most nations that still execute prisoners—including the U.S.—it is illegal to execute a pregnant person. In English common law, women have been permitted to “plead the belly” in one form or another since the 14th century, and this fact is sometimes misconstrued by anti-choice and forced-birth advocates as evidence of a long legal tradition of protection for the lives of fetuses. In fact, it is merely evidence of a long history of legal inconsistencies in the ways laws were applied and sentences carried out against women, for whom there were fewer options for clemency than for men. This …
Film Review: The Trial Of Ratko Mladić, Iva Vukušić
Film Review: The Trial Of Ratko Mladić, Iva Vukušić
Genocide Studies and Prevention: An International Journal
No abstract provided.
In Defense Of Peace: Aron Trainin's Contributions To International Jurisprudence, Thomas Earl Porter
In Defense Of Peace: Aron Trainin's Contributions To International Jurisprudence, Thomas Earl Porter
Genocide Studies and Prevention: An International Journal
The Soviet Union played a major role in the establishment of the International Military Tribunal (IMT) that tried Nazi Germany’s leaders for their criminal actions at Nuremberg. Only a handful of Western scholars have noted that the Soviets were early proponents of the use of the legal principle of conspiracy and in establishing the principle that a war of aggression in and of itself could be legally construed as a criminal act. And it was the brilliant Soviet jurist Aron Trainin who forcefully “advanced the idea of individual responsibility for international crimes…the realization of which was established during the course …
Raphaël Lemkin’S Derivation Of Genocide From His Analysis Of Nazi-Occupied Europe, Raffael Scheck
Raphaël Lemkin’S Derivation Of Genocide From His Analysis Of Nazi-Occupied Europe, Raffael Scheck
Genocide Studies and Prevention: An International Journal
The breadth and complexity of Lemkin’s definition of “genocide” results from several influences during the time he developed the concept. One of them is a belief that Nazi Germany was engineering a demographic revolution that would leave Germany predominant in Europe regardless of the outcome of the military conflict. This notion facilitated the assumption of a coherent cynical motivation behind disparate policies, laws, and decrees. Second, Lemkin’s daily work for the U.S. Government reinforced his focus on economic and legal matters and helps to explain why they occupy such a prominent place in his book Axis Rule. His job …
Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner
Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner
Genocide Studies and Prevention: An International Journal
Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview, and apply more …
The Thesis Of Norm Transformation In The Theory Of Mass Atrocity, Paul Morrow
The Thesis Of Norm Transformation In The Theory Of Mass Atrocity, Paul Morrow
Genocide Studies and Prevention: An International Journal
Theoretical accounts of genocide and mass atrocity commonly embrace the thesis of norm transformation. This thesis holds, first, that individual and institutional participation in such crimes is at least partially explained by transformations in basic norms that structure social and political life. It holds, second, that preventing future occurrences of such crimes requires changing norms that currently govern the actions of particular individual and institutional actors. This paper clarifies, defends, and extends the thesis of norm transformation. It clarifies this thesis by providing a general account of the nature and dynamics of norms. It defends this thesis against charges of …