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Criminal Law

Atrocities

Michigan Journal of International Law

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Full-Text Articles in Law

After Atrocity: Optimizing Un Action Toward Accountability For Human Rights Abuses, Steven R. Ratner Oct 2015

After Atrocity: Optimizing Un Action Toward Accountability For Human Rights Abuses, Steven R. Ratner

Michigan Journal of International Law

It is a great honor for me to be here to deliver the John Humphrey Lecture. Humphrey led one of those lives within the UN that shaped what the organization has become today—as one of the first generation of UN civil servants, he was to human rights what Ralph Bunche was to peacekeeping, or Brian Urquhart to UN mediation. To read his diaries, so beautifully edited by John Hobbins, is to see a world that has in many ways vanished, a nearly entirely male club, mostly of Westerners, that hammered out new treaties and mechanisms over fine wine and cigars …


From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy A. Combs Apr 2015

From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy A. Combs

Michigan Journal of International Law

The ICC is well known in international legal circles. Indeed, everyone who knows anything about international law knows that the ICC is the acronym for the International Criminal Court, the body charged with prosecuting international crimes around the globe. Created in 2002, the ICC was intended to “put an end to impunity” for the perpetrators of international crimes” and to affirm “that the most serious crimes of concern to the international community as a whole must not go unpunished.”1 Imagine, however, a world where the “ICC” instead was an acronym for the International Compensation Court. That is, what if the …


Inciting Genocide With Words, Richard A. Wilson Apr 2015

Inciting Genocide With Words, Richard A. Wilson

Michigan Journal of International Law

During the 1994 genocide in Rwanda, observers emphasized the role of media propaganda in inciting Rwandan Hutus to attack the Tutsi minority group, with one claiming that the primary tools of genocide were “the radio and the machete.” As a steady stream of commentators referred to “radio genocide” and “death by radio” and “the soundtrack to genocide,” a widespread consensus emerged that key responsibility for the genocide lay with the Rwandan media. Mathias Ruzindana, prosecution expert witness at the ICTR, supports this notion, writing, “In the case of the 1994 genocide in Rwanda, the effect of language was lethal . …


The Michigan Guidelines On The Exclusion Of International Criminals Jan 2013

The Michigan Guidelines On The Exclusion Of International Criminals

Michigan Journal of International Law

With a view to promoting a shared understanding of the proper approach to Article 1(F)(a) exclusion from refugee status, we have engaged in sustained collaborative study and reflection on relevant norms and state practice. Our research was debated and refined at the Sixth Colloquium on Challenges in International Refugee Law, convened in March 2013 by the University of Michigan’s Program in Refugee and Asylum Law. These Guidelines are the product of that endeavor, and reflect the consensus of Colloquium participants on how decision makers can best ensure the application of Article 1(F)(a) in a manner that conforms to international legal …


Principled Exclusion: A Revised Approach To Article1(F)(A) Of The Refugee Convention, Jennifer Bond Jan 2013

Principled Exclusion: A Revised Approach To Article1(F)(A) Of The Refugee Convention, Jennifer Bond

Michigan Journal of International Law

The focus of this contribution is Article 1(F)(a), a section of the exclusion clause that has increased in both use and profile in recent years. Article 1(F)(a) applies to individuals who may be implicated in crimes against peace (more commonly known today as crimes of aggression), war crimes, or crimes against humanity as such crimes are defined in relevant international instruments. Where a decision maker finds that “there are serious reasons for considering that” an asylum seeker has committed one of these acts, the remainder of the Refugee Convention does not apply, and any protections to which the claimant would …


Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh Apr 2011

Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh

Michigan Journal of International Law

The creation of the Special Court for Sierra Leone (SCSL or the Court) in early 2002 generated high expectations within the international community. The SCSL was generally deemed to herald a new model or benchmark for the assessment of future ad hoc international criminal courts. As the Court completes the trial of former Liberian President Charles Taylor in The Hague-its last-nine years later, this Article offers an early and broad assessment of whether it has fulfilled its promise. More specifically, this Article examines whether the SCSL has achieved, or more accurately-because its trials are still ongoing-whether it is achieving justice. …


Designing Bespoke Transitional Justice: A Pluralist Process Approach, Jaya Ramji-Nogales Oct 2010

Designing Bespoke Transitional Justice: A Pluralist Process Approach, Jaya Ramji-Nogales

Michigan Journal of International Law

Although many scholars agree that contemporary transitional justice mechanisms are flawed, a comprehensive and unified alternative approach to accountability for mass violence has yet to be propounded. Like many international lawyers, transitional justice theorists have focused their assessment efforts on the successes and failures of established institutions. This Article argues that before we can measure whether transitional justice is working, we must begin with a theory of what it is trying to achieve. Once we have a coherent theory, we must use it ex ante, to design effective transitional justice mechanisms, not just to assess their effectiveness ex post. Drawing …


Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall Jan 2009

Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall

Michigan Journal of International Law

This Article embraces one of two contested understandings of what a failure to punish entails. On the first understanding, a military commander's failure to punish is construed solely as a dereliction of duty. Accordingly, his failure to punish constitutes a separate offense from the underlying atrocity that his troops have committed. The failure to punish is, then, a substantive offense in its own right. On a second understanding, for which I argue here, the failure to punish renders the commander criminally liable for the atrocity itself, even if he neither ordered nor even knew about the atrocity before its occurrence. …


From Indifference To Engagement: Bystanders And International Criminal Justice, Laurel E. Fletcher Jan 2005

From Indifference To Engagement: Bystanders And International Criminal Justice, Laurel E. Fletcher

Michigan Journal of International Law

This Article contributes to the scholarship on transitional justice by examining how the legal architecture and operation of international criminal law constricts bystanders as subjects of jurisprudence, considering the effects of this limitation on the ability of international tribunals to promote their social and political goals, and proposing institutional reforms needed to address this limitation.