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Full-Text Articles in Law
Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor R. Dalton
Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor R. Dalton
Cornell Law School J.D. Student Research Papers
In the International Criminal Tribunal for Rwanda (ICTR) case Prosecutor v. Musema, the trial chamber held that an individual can be found guilty solely for the crime of conspiracy to commit genocide even if no genocide takes place. The trial chamber found its jurisdiction to punish the crime of conspiracy under its establishing statute, but looks almost exclusively at national legal traditions to determine its content. It cites no other international law supporting its decision to incorporate domestic concepts into the crime. In contrast, the Rome Statute of the International Criminal Court, which relatively recently entered into force, seems to …
The Complementarity Conundrum: Are We Watching Evolution Or Evisceration?, Michael A. Newton
The Complementarity Conundrum: Are We Watching Evolution Or Evisceration?, Michael A. Newton
Vanderbilt Law School Faculty Publications
The Rome Statute nowhere defines the term "complementarity, " but the plain text of Article 1 compels the conclusion that the International Criminal Court was intended to supplement the foundation of domestic punishment for violations of international norms rather than supplant domestic prosecutions. The practice of complementarity may well be the fulcrum supporting the Court's long term legitimacy; and this principle is all the more important because it is designed to provide intellectual leverage to move non-States Party towards treaty accession. The Rome Statute curtails sovereign authority by displacing domestic trials only in exceptional circumstances, and it includes detailed procedural …
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, Kenneth S. Gallant
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, Kenneth S. Gallant
Faculty Scholarship
Judicial decisions of the International Criminal Court and other international criminal tribunals now serve as instances of practice and statements of opinio juris for the formation of customary international criminal law and customary international human rights law related to criminal law and procedure. In these areas of law and others, they are no longer “subsidiary” sources as that word is used in the International Court of Justice Statute, Art. 38. In the same fields of customary international law, other binding acts of international organizations, such as the UN Security Council, are also used as practice, and the statements of these …
Criminal Defence And The International Legal Personality Of The Individual, Kenneth S. Gallant
Criminal Defence And The International Legal Personality Of The Individual, Kenneth S. Gallant
Faculty Scholarship
Since the beginning of the Nuremberg trial, the status of the individual in international law has changed. This change is intimately connected with the right of defense in criminal proceedings, especially international criminal proceedings. Today, as a matter of right, the individual may make certain claims in international law, and especially international criminal law and international human rights law related to criminal procedure and substantive criminal law, without relying on a state to make them on his or her behalf. This article explores this development of the international legal personality of individuals. It also considers some of the limits of …
Legal Ethics In International Criminal Defense, Jenia I. Turner
Legal Ethics In International Criminal Defense, Jenia I. Turner
Faculty Journal Articles and Book Chapters
This paper examines the new and complex dilemmas facing defense attorneys who represent clients before international criminal courts. It argues that the unique features and goals of international criminal trials demand a distinct approach to resolving some of these ethical dilemmas. In particular, the goals of international trials are broader and often more political than those of ordinary domestic trials, and the applicable procedures are a unique hybrid of the inquisitorial and adversarial traditions. Moreover, some of the justifications for aggressive defense at the domestic level - such as discouraging disengaged advocacy and protesting overly harsh punishments - are less …
Paradigm Shifts In International Justice And The Duty To Protect; In Search Of An Action Principle, Patrick J. Glen
Paradigm Shifts In International Justice And The Duty To Protect; In Search Of An Action Principle, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
This article places the emerging “responsibility to protect” within the historical development of international human rights and criminal law, while also attempting to more fully theorize the responsibility to ensure that it can be a basis for action in the face of a state’s commission of atrocities against its citizens. The main point of departure concerns the issue of “right authority” at that point in time when a coercive intervention is justified. Rather than rely solely on the Security Council in these situations, this article contends that unilateral and multilateral action must be countenanced by a fully theorized “responsibility to …