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Articles 1 - 14 of 14
Full-Text Articles in Law
Searching For The Hinterman: In Praise Of Subjective Theories Of Imputation, Jens David Ohlin
Searching For The Hinterman: In Praise Of Subjective Theories Of Imputation, Jens David Ohlin
Jens David Ohlin
How should international courts distinguish between principals and accessories? The ICC answered this question with Roxin’s Control Theory of Perpetration; defendants should be convicted as principals if they control the crime individually, jointly with a co-perpetrator, indirectly via an organized apparatus of power, or as indirect co-perpetrators (via a combination of the previous doctrines). As the ICC adopted the control requirement, however, some of its decisions have allowed lower mental states such as recklessness or dolus eventualis to meet the standard for principal perpetration under the Control Theory. Other decisions have asserted that intent or knowledge is required though their …
Assessing The Control-Theory, Jens David Ohlin, Elies Van Sliedregt, Thomas Weigend
Assessing The Control-Theory, Jens David Ohlin, Elies Van Sliedregt, Thomas Weigend
Jens David Ohlin
As the first cases before the ICC proceed to the Appeals Chamber, the judges ought to critically evaluate the merits and demerits of the control-theory of perpetratorship and its related doctrines. The request for a possible re-characterization of the form of responsibility in the case of Katanga and the recent acquittal of Ngudjolo can be taken as indications that the control-theory, is problematic as a theory of liability. The authors, in a spirit of constructive criticism, invite the ICC Appeals Chamber to take this unique opportunity to reconsider or improve the control-theory as developed by the Pre-Trial Chambers in the …
Reclaiming Fundamental Principles Of Criminal Law In The Darfur Case, George P. Fletcher, Jens David Ohlin
Reclaiming Fundamental Principles Of Criminal Law In The Darfur Case, George P. Fletcher, Jens David Ohlin
Jens David Ohlin
According to the authors, the Report of the UN Commission of Inquiry on Darfur and the Security Council referral of the situation in Darfur to the International Criminal Court (ICC) bring to light two serious deficiencies of the ICC Statute and, more generally, international criminal law: (i) the systematic ambiguity between collective responsibility (i.e. the responsibility of the whole state) and criminal liability of individuals, on which current international criminal law is grounded, and (ii) the failure of the ICC Statute fully to comply with the principle of legality. The first deficiency is illustrated by highlighting the notions of genocide …
Meta-Theory Of International Criminal Procedure: Vindicating The Rule Of Law, Jens David Ohlin
Meta-Theory Of International Criminal Procedure: Vindicating The Rule Of Law, Jens David Ohlin
Jens David Ohlin
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 …
The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal
The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal
Georgia Journal of International & Comparative Law
No abstract provided.
Ratify Or Reject: Examining The United States' Opposition To The International Criminal Court, Matthew A. Barrett
Ratify Or Reject: Examining The United States' Opposition To The International Criminal Court, Matthew A. Barrett
Georgia Journal of International & Comparative Law
No abstract provided.
Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani
Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani
Georgia Journal of International & Comparative Law
No abstract provided.
Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin
Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin
Georgia Journal of International & Comparative Law
No abstract provided.
The Superior Orders Defense: A Principal-Agent Analysis, Bohrer Ziv
The Superior Orders Defense: A Principal-Agent Analysis, Bohrer Ziv
Georgia Journal of International & Comparative Law
No abstract provided.
Searching For The Hinterman: In Praise Of Subjective Theories Of Imputation, Jens David Ohlin
Searching For The Hinterman: In Praise Of Subjective Theories Of Imputation, Jens David Ohlin
Cornell Law Faculty Publications
How should international courts distinguish between principals and accessories? The ICC answered this question with Roxin’s Control Theory of Perpetration; defendants should be convicted as principals if they control the crime individually, jointly with a co-perpetrator, indirectly via an organized apparatus of power, or as indirect co-perpetrators (via a combination of the previous doctrines). As the ICC adopted the control requirement, however, some of its decisions have allowed lower mental states such as recklessness or dolus eventualis to meet the standard for principal perpetration under the Control Theory. Other decisions have asserted that intent or knowledge is required though their …
The Exclusion Of Improperly Obtained Evidence At The International Criminal Court: A Principled Approach To Interpreting Article 69(7) Of The Rome Statute, Michael Madden
LLM Theses
This thesis examines article 69(7) of the Rome Statute, which creates an exclusionary rule for improperly obtained evidence at the International Criminal Court (ICC). Ultimately, the thesis proposes how the ICC should interpret its exclusionary rule. The thesis discusses the theory underlying exclusionary rules, the evidence law and remedial law contexts within which exclusionary rules operate, and numerous comparative examples of exclusionary doctrine from within national criminal justice systems. Finally, some unique aspects of international criminal procedure are described in order to demonstrate how an international exclusionary rule might need to differ from a domestic rule, and previous jurisprudence relating …
Regulation 55 And The Rights Of The Accused At The International Criminal Courts, Susana Sacouto, Katherine Cleary Thompson
Regulation 55 And The Rights Of The Accused At The International Criminal Courts, Susana Sacouto, Katherine Cleary Thompson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Icc's Exit Problem, Rebecca Hamilton
The Icc's Exit Problem, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
The International Criminal Court (ICC) was never meant to supplant the domestic prosecution of international crimes. And yet the Court is now entering its second decade of operations in four African nations, with no plan for exit in sight. This Article identifies the looming need for the ICC to consider when and how to exit situations in which it is currently active. In addition to the normative concern that a failure to start planning for exit undercuts the Court’s placement within a system of complementarity, the need to consider exit is also driven by a financial imperative. The Court’s caseload …
Function And Dysfunction In Post-Conflict Justice Networks And Communities, Elena Baylis
Function And Dysfunction In Post-Conflict Justice Networks And Communities, Elena Baylis
Articles
The field of post-conflict justice includes many well-known international criminal law and rule of law initiatives, from the International Criminal Court to legal reform programs in Afghanistan and Iraq. Less visible, but nonetheless vital to the field, are the international staff (known as internationals) who carry out these transitional justice enterprises, and the networks and communities of practice that connect them to each other. By sharing information, collaborating on joint action, and debating proposed legal rules within their networks and communities, internationals help to develop and implement the core norms and practices of post-conflict justice. These modes of collaboration are …