Law Commons^™

Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Megiddo Tamar

Scholarship@WashULaw

The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …

Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Tamar Megiddo

Scholarship@WashULaw

The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …

The Intenational Crimial Court (Icc) As A Mechanism For Global Justice And Rule Of Law, Paolo Davide Farah

Book Chapters

Throughout history, institutions have been the chosen platforms for governing and regulating society. However, in the twenty-first century, with unprecedented connectivity and interdependence, working toward multilateral solutions for global challenges, whether in climate change through the UNFCCC or in trade via the World Trade Organization, has become increasingly complex. This rise in complexity within the international landscape has not been met with proportional attention to cooperation, conflict resolution, and harmonizing human values.

It is relevant to highlight the intersection between the International Criminal Court (ICC) and broader questions within international humanitarian law, (IHL) its interconnections and intertwinement with International Criminal …

Locating And Situating Justice Pal: Twail, International Criminal Tribunals, And Judicial Powers, Sujith Xavier

Law Publications

This paper brings forward Justice Pal's dissenting opinion at the Tokyo Tribunal to add to Third World Approaches to International Law (TWAIL) literature on international criminal law and the rules of evidence and procedure. It is part of a TWAIL effort to scrutinize the everyday practices of international prosecutions through procedural and evidentiary rules. By locating and situating Justice Pal's reasoning within the broader academic literature on dissents in international criminal law, it is possible to illustrate how and why Justice Pal's views were obscured as a relevant dissent. From this vantage point, this paper pursues Justice Pal's legacy as …

Introductory Note To Prosecutor V. Ratko Mladić (U.N. Int’L Residual Mechanism Crim. Tribunals App. Chamber), Steven Arrigg Koh

Faculty Scholarship

On June 8, 2021, the UN International Residual Mechanism for Criminal Tribunals (Mechanism) Appeals Chamber delivered its appeals judgment in Prosecutor v. Ratko Mladić. The judgment affirmed the 2017 trial judgment of Trial Chamber I of the UN International Criminal Tribunal for the former Yugoslavia (ICTY), which convicted Mladić, the Bosnian Serb commander, of genocide, crimes against humanity, and war crimes during the war in Bosnia between 1992 and 1995, as well as affirming his sentence of life imprisonment. This constituted Mladić’s final appeal, opening the door for his assignment to a prison somewhere in Europe.

Advancing Fundamental Principles Through Doctrine And Practice: Comments On Darryl Robinson, Justice In Extreme Cases, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

I am honored to comment on Darryl Robinson's terrific new book which makes an extraordinary contribution to the literature on international criminal law (ICL). Already an admirer of Robinson's work, I learned a lot from reading his book and find his approach convincing. Broadly speaking, there is not much, if anything, on which I disagree with Robinson. I share his criticisms of international criminal tribunal reasoning. I welcome the call for greater attention to deontic considerations. I agree on the importance of the fundamental principles that Robinson identifies, and I also agree that justifying these principles does not require consensus …

Othering Across Borders, Steven Arrigg Koh

Faculty Scholarship

Our contemporary moment of reckoning presents an opportunity to evaluate racial subordination and structural inequality throughout our three-tiered domestic, transnational, and international criminal law system. In particular, this Essay exposes a pernicious racial dynamic in contemporary U.S. global criminal justice policy, which I call othering across borders. First, this othering may occur when race emboldens political and prosecutorial actors to prosecute foreign defendants. Second, racial animus may undermine U.S. engagement with international criminal legal institutions, specifically the International Criminal Court. This Essay concludes with measures to mitigate such othering.

Justice Without Fear Or Favour? The Uncertain Future Of The International Criminal Court, Leila Nadya Sadat

Scholarship@WashULaw

This essay traces the history of the International Criminal Court from its establishment in 1998 until the current day. It briefly surveys the history of the Court’s founding and evokes many of its current challenges and innovative aspects of its jurisprudence, particularly regarding jurisdiction, immunities, and admissibility, including decisions relating to the Situations in Afghanistan, Bangladesh/Myanmar, Libya, Palestine, and Sudan. As the essay notes, although many challenges have emerged from internal difficulties the Court has faced or design elements of the Statute, external challenges arising from the geopolitical environment within which it operates exist as well. Despite these problems, which …

The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat

Scholarship@WashULaw

The book that is the centerpiece of this Micro-Symposium, The Legal Legacy of the Special Court for Sierra Leone, is an important contribution to international law and practice. Authored by Charles Jalloh, a distinguished practitioner of international criminal law, the book is essential reading for anyone who wishes to understand the legal ramifications of the Special Court and its work. It is comprehensive, without being overwhelming, and analyzes many of the most important elements of the Court’s legal work. It is a perfect companion to his equally excellent edited book on the subject, The Sierra Leone Special Court and Its …

Social Media Platforms In International Criminal Investigations, Rebecca Hamilton

Articles in Law Reviews & Other Academic Journals

In the summer of 2017, hundreds of thousands of videos of the Syrian conflict suddenly disappeared from YouTube. The videos had been published on channels like the Aleppo Media Center, the Shaam News Agency, and the Violations Documentation Center in Syria, which are run by Syrian civil society groups that have been documenting war crimes and other human rights violations since the conflict began in 2011. In a war zone that has been extraordinarily difficult for outside investigators to access, the videos provided crucial evidence that many hoped would eventually lead to international criminal prosecutions.One can readily imagine that any …

Heads Of State And Other Government Officials Before The International Criminal Court: The Uneasy Revolution Continues, Leila Nadya Sadat

Scholarship@WashULaw

This essay takes up the current debate about the relationship between article 27 of the Rome Statute of the International Criminal Court and article 98 of the Statute concerning the immunity of sitting Heads of State from investigation or prosecution before the Court and the duty of States to cooperate with the Court as regards their arrest and surrender. The essay traces the history of article 27 and its incorporation into the Statute and observes that it represents a rule of customary international law resting upon the adoption of the Nuremberg Principles after World War II, and reiterated in the …

The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers

Articles in Law Reviews & Other Academic Journals

On June 8, 2018, a majority of the Appeals Chamber of the International Criminal Court (ICC) reversed the conviction of former military commander Jean-Pierre Bemba for the crimes against humanity of rape and murder and the war crimes of rape, murder, and pillaging committed by his troops in the Central African Republic (CAR) between October 2002, and March 2003. The decision was clearly a disappointment for the victims of the crimes committed by Bemba’s troops, who have been waiting for more than fifteen years for a measure of justice. Significantly, the acquittal also means that sixteen years after the Rome …

Talking Foreign Policy: Responding To Rogue States, Paul Williams, Todd F. Buchwald, James Johnson, Michael P. Scharf, Milena Sterio

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Talking Foreign Policy: North Korea Summit, Paul Williams, Shannon French, Michael P. Scharf, Milena Sterio, Tim Webster

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Contribution Of The Special Court For Sierra Leone To The Law On Criminal Responsibility Of Children In International Criminal Law, Ana Paula Podcameni

FIU Electronic Theses and Dissertations

The revision of laws and the application of culpability to those most responsible for serious humanitarian law violations has functioned as a necessary condition for achieving peace in most post-war societies. However, there is an embarrassing silence when it comes to addressing the question of whether children are to be subjected to the principle of individual criminal responsibility. As morally controversial as it is, the question remains fundamental. Unfortunately, children have been involved in armed conflicts, as victims primarily, but not exclusively. Children are among those accused of having committed brutal and terrible international crimes in times of armed conflict …

Talking Foreign Policy: The Iran Nuclear Accord, Paul Williams, Milena Sterio, Avidan Cover, Mike Newton

Articles in Law Reviews & Other Academic Journals

No abstract provided.

On The Effectiveness Of Private Security Guards On Board Merchant Ships Off The Coast Of Somalia -- Where Is The Piracy? What Are The Legal Ramifications?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

On The Effectiveness Of Private Security Guards On Board Merchant Ships Off The Coast Of Somalia -- Where Is The Piracy? What Are The Legal Ramifications?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee

Faculty Scholarship

No abstract provided.

The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber Is Sheep's Clothing, Mark A. Summers

Faculty Scholarship

No abstract provided.

Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Maritime Piracy: A Sustainable Global Solution, Paul Williams, Lowry Pressly

Articles in Law Reviews & Other Academic Journals

Maritime piracy is a complex transnational security concern characterized by emerging international finance operations and organization, an oversupply of labor, and a low cost of market entry. This article provides a realistic picture of the driving forces behind maritime piracy in areas such as Southeast Asia, the Gulf of Aden, and the Gulf of Guinea. By examining some of the assumptions and proposed solutions in counter-piracy literature and policy, this article exposes some piracy illusions and proposes a sustainable, global response that addresses the persistent threat of modern maritime piracy. Today's manifold piracy challenges call for a multifaceted approach. Accordingly, …

Gender-Based Violence In International Criminal Law: A Closer Look At The Elements Of Rape, Amparita Sta. Maria

Ateneo School of Law Publications

While wholly condemned and severely punished in domestic jurisdictions, the crime of rape is not as well-defined in the realm of international criminal law. While rape is recognized as a cruel reality in cases of war and international conflict, the punishments for its perpetrators and thus, the justice sought by their victims is still subject of controversy and debate.

In this Article, the Author examines the treatment of rape in international law. She uses several international statutes as well as two landmark cases from International Criminal Tribunals in order to examine several facets of rape as an international crime — …

Universal Jurisdiction And The Crime Of Aggression, Michael P. Scharf

Faculty Publications

In June 2010 in Kampala, Uganda, the states that are party to the Statute of the International Criminal Court agreed to amend the ICC Statute to add the crime of aggression to the Court's jurisdiction. One of the key compromises that made this possible was the adoption of a U.S.-proposed “understanding” which provided that the aggression amendment should not be interpreted as creating a right for national courts to prosecute the crime of aggression under universal jurisdiction. If, however, national courts already possess the right to do so under customary international law, stemming from the Nuremberg precedent, then the understanding …

Katyn: Justice Delayed Or Justice Denied? Report Of The Cleveland Experts' Meeting, Michael P. Scharf, Maria Szonert-Binienda

Faculty Publications

Report of the Frederick K. Cox International Law Center and the Libra Institute, Inc. hosted a Symposium and Experts Meeting in commemoration of the 70th anniversary of the Katyn massacre, Cleveland, OH, February 4-5, 2011

Outsourcing Investigations, Elena Baylis

Articles

This article addresses the International Criminal Court’s reliance on third-party investigations in the absence of its own international police force. In addition to cooperation from sometimes reluctant states, the ICC and other international criminal tribunals have come to rely on a network of NGOs and UN entities focused on postconflict justice work to provide critical evidence. This reliance raised problems in the ICC Office of the Prosecutor's first case against Thomas Lubanga. The use of third-party evidence raises questions regarding confidentiality and disclosure, the integrity of the evidence-gathering process, and the equality of arms between the prosecution and the defense. …

Meta-Theory Of International Criminal Procedure: Vindicating The Rule Of Law, Jens David Ohlin

Cornell Law Faculty Publications

International criminal procedure is in a second phase of development, moving beyond the common law/civil law dichotomy and searching for its sui generis theory. The standard line is that international criminal procedure has an instrumental value: it services the general goals of international criminal justice and allows punishment for violations of substantive international criminal law. However, international criminal procedure also has an important and often overlooked intrinsic value not reducible to its instrumental value: it vindicates the Rule of Law. This vindication is performed by adjudicating allegations of criminal violations that occurred during periods of anarchy characterized by the absence …

Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann

Scholarly Works

In a unique proposal to the United Nations Security Council, U.N. Secretary-General Kofi Annan recommended that a Juvenile Chamber of the Special Court have authority to try defendants as young as fifteen. The plan sparked immediate controversy. Sierra Leoneans wanted the worst perpetrators punished regardless of age, while human rights organizations argued that juvenile prosecutions would weaken rehabilitative efforts. The Security Council subsequently diluted the proposal; nevertheless, it merits examination, given the increasing use, in Africa and around the world, of children in combat.

Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i

Articles in Law Reviews & Other Academic Journals

The continuing debate over the use of amicus curiae briefs at the World Trade Organization (“WTO”) raises interesting questions about the influence of the U.S. legal system on the WTO dispute settlement process. Specifically, it brings to the surface differences between legal cultures and the fact that the U.S. legal culture with its emphasis on procedure is not readily transferable to the WTO. Comparing the controversy regarding the use of amicus curiae briefs before WTO Panels and the Appellate Body with the history and evolution of the institution of amicus curiae before the U.S. Supreme Court may help explain the …