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Articles 1 - 7 of 7
Full-Text Articles in Law
Rios Montt Edges Closer To Escaping Accountability For Genocide, Lauren Carasik
Rios Montt Edges Closer To Escaping Accountability For Genocide, Lauren Carasik
Media Presence
No abstract provided.
The Long Arc Of Justice In Guatemala, Lauren Carasik
The Long Arc Of Justice In Guatemala, Lauren Carasik
Media Presence
No abstract provided.
Speech Along The Atrocity Spectrum, Gregory S. Gordon
Speech Along The Atrocity Spectrum, Gregory S. Gordon
Gregory S. Gordon
In the abstract, speech may have much intrinsic value with its power to facilitate democracy, self-actualization, and good will. But, in certain contexts, it can also be quite deleterious, spawning division, ignorance, and hatred. Within the crucible of atrocity, speech may be similarly Janus-faced. Its power to prevent mass violence is indubitable. But its capacity for enabling mass violence is similarly unquestionable. So the issue arises: when and how may speech work for good or ill in relation to atrocity? This Article grapples with that question. And, in doing so, it finds that the relationship between speech and atrocity should …
Law And Atrocity: Settling Accounts In Rwanda, Mark A. Drumbl
Law And Atrocity: Settling Accounts In Rwanda, Mark A. Drumbl
Mark A. Drumbl
Ten years ago, genocide ravaged the tiny African nation of Rwanda. In the wake of this violence, Rwanda has struggled to reconstruct, rebuild, and reconcile. Law-in particular, criminal trials for alleged perpetrators of genocide- has figured prominently among various policy mechanisms in postgenocide Rwanda. Criminal trials for Rwandan genocidaires' aspire to achieve several goals. These include exacting retribution, promoting reconciliation, deterring future violence, expressing victims' outrage, maintaining peace, and cultivating a culture of human rights.2 In this Lecture, I examine the extent to which these trials attain these multiple, often competing, and largely overwhelming goals. Part I begins by setting …
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston P. Nagan, Aitza M. Haddad
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston P. Nagan, Aitza M. Haddad
UF Law Faculty Publications
This article begins with an appraisal of a report published by the United States Institute for Peace and authored by the former Secretary of State, Albright, and former Secretary of Defense, Cohen. This Report generated a great deal of interest and reaction from scholars across the globe. The article will introduce the broad outline of this Report and provide a summary of the principal criticisms that it has generated. This sets the stage for approaching the problem that is sensitive to the issue that this phenomenon be explore with a view to developing usable insights and data as well as …
Enunciating Genocide: Crime, Rights And The Impact Of Judicial Intervention, Mark Findlay
Enunciating Genocide: Crime, Rights And The Impact Of Judicial Intervention, Mark Findlay
Research Collection Yong Pung How School Of Law
As a consequence of recent decisions from the ICJ and the ICTR, it is clear that genocide can be pursued through the international courts both in terms of criminal liability and also rights/responsibility legal paradigms. This article suggests that this duality in possible contexts and processes of judicial determination, while being procedurally problematic, is in keeping with the human rights direction of international criminal justice. In addition, by opening the legal consideration of genocide to questions of individual liability as well as state-sponsored rights abuse, judges are now able to consider the more realistic complexity of genocide atrocity and thereby …
She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
Michigan Journal of International Law
In the nearly twenty years since 1994, the international community and the Rwandan government have pushed to hold individual perpetrators accountable for the genocide. Judicialization has occurred at multiple levels. Over ninety persons-those deemed most responsible-have been indicted by the International Criminal Tribunal for Rwanda (ICTR), an ad hoc institution established by the U.N. Security Council in November 1994. Approximately ten thousand individuals have been prosecuted in specialized chambers of national courts in Rwanda. According to the Rwandan government, nearly two million people have faced neo-traditional gacaca proceedings conducted by elected lay judges throughout the country. Gacaca proceedings concluded in …