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Full-Text Articles in Law

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 Jan 2001

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 …


The Relationship Between The International Criminal Court And The International Community, Khaled M. Ahmed Jan 2000

The Relationship Between The International Criminal Court And The International Community, Khaled M. Ahmed

LLM Theses and Essays

Due to the fact that no work of this size could address every aspect of the Rome Statute, this study is limited to the provisions of Parts 2, 9, and 10 of the Rome Statute. These provisions cover all matters being on the relationship between the Court and states, in general, and especially the obligations of states parties under the Statute. The first chapter will examine the historical journey toward an international criminal court, beginning with World War I, continuing throughout the twentieth century and ending with the adoption of the Rome Statute in the Diplomatic Conference in Rome on …


International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta Jan 1997

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …


The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil Jan 1995

The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil

LLM Theses and Essays

Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …


Responsibility Of The Individual Under International Law For Crimes Committed In The Context Of Armed Conflicts, Michael Reiffenstuel Jan 1994

Responsibility Of The Individual Under International Law For Crimes Committed In The Context Of Armed Conflicts, Michael Reiffenstuel

LLM Theses and Essays

In areas throughout the world, citizens have been subject to torture and murder during civil wars and other armed conflicts. Many perpetrators of these atrocities are unlikely to be prosecuted on national level; thus if justice is sought, international law must be utilized. To provide further guidance in this area, the International Law Commission submitted a draft in 1991 of its work on a Code that creates new laws, reiterates existing conventional law, and codifies customary international law. This thesis analyzes individual responsibility and the scope ratione personae, which crimes are covered, the process of enforcement and in what …


Domestic Violence Against Women: A Comparative Analysis Of Remedies Under The American And Indian Legal Systems, Anita Elizabeth Jacob Ninan Jan 1991

Domestic Violence Against Women: A Comparative Analysis Of Remedies Under The American And Indian Legal Systems, Anita Elizabeth Jacob Ninan

LLM Theses and Essays

The purpose of this thesis is to compare the legal remedies available to women who are the victims of domestic violence in the United States and India and analyze whether the existing laws in the two systems are effective and sufficient in combating this growing problem. Domestic violence against women is a reality. It haunts the female species form the cradle to the grave, manifesting itself in sociocultural crime peculiar to some societies like India, such as female feticide, female infanticide, bride burning dowry deaths, and wife battering (both a developing country like India and an economically developed country like …


Bad Check Crime: A Comparison Study Between The United Arab Emirates And The United States, Abdurahim Y.M. Sharaf Jan 1985

Bad Check Crime: A Comparison Study Between The United Arab Emirates And The United States, Abdurahim Y.M. Sharaf

LLM Theses and Essays

This thesis analyzes the law relating to bad checks in the United States and the United Arab Emirates. The objective is to examine the major similarities and differences between the two countries and whether these differences might be lessened. The focus is on the criminal offense of writing checks with insufficient funds, or the "bad check crime."