Law Commons^™

The Rome Statute: Global Justice And The Asymmetries Of Recognition, Hans Lindahl

Indiana Journal of Global Legal Studies

Given the emergence of challenges that are increasingly global in nature, and given the irreducible contingency of state borders, it would seem that justice must become global justice: justice that takes shape through a legal order that holds for all of humanity and everywhere. But is justice for all and everywhere possible? At issue, in this question, is not a rearguard defense of the state and state law. Instead, the question concerns the globality of global law and global justice. Is any legal order possible, global or otherwise, that organizes itself as an inside without an outside, that is, which …

Big Fish, Small Ponds: International Crimes In National Courts, Elizabeth B. Ludwin King

Indiana Law Journal

The principle of complementarity in the Rome Statute of the International Criminal Court anticipates that perpetrators of genocide, war crimes, and crimes against humanity will be tried in domestic courts unless there is no state with jurisdiction willing or able to do so. This Article examines the situation where a state might be willing to engage in meaningful local justice but temporarily lacks the capability to do so due to the effects of the conflict. It argues that where the state submits a detailed proposal to the International Criminal Court (ICC) outlining the steps necessary to gain or regain the …

Unexploded Bomb: Voice, Silence And Consequence At The Hague Tribunals -- A Legal And Rhetorical Critique, Timothy W. Waters

Articles by Maurer Faculty

This Article examines the decision by the ICTY Prosecutor not to investigate NATO's bombing campaign during the Kosovo war - and the Prosecutor's unusual decision to publish an Inquiry explaining its reasons. Many scholars have examined the Inquiry, but all have focused on its substantive legal analysis. This Article takes a different approach: It focuses on how the Prosecution reached the conclusion not to investigate. Using rhetorical analysis, it examines the Prosecution's decision-making mindset to see what that indicates about the shape of future international prosecutorial decision-making, including at the ICC.

There is no evidence that the Prosecution succumbed to …