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Articles 1 - 8 of 8
Full-Text Articles in Law
Animating The U.S. War Crimes Act, Beth Van Schaack
Animating The U.S. War Crimes Act, Beth Van Schaack
International Law Studies
All war crimes are challenging to prosecute. Typical reasons include the technicality of some constitutive elements, the difficulties of amassing sufficient evidence, the vagaries of unreliable or unavailable witnesses, and the often-impenetrable khaki wall of silence. Adding to these challenges, the United States has erected a number of idiosyncratic structural barriers in the way in which it has incorporated the prohibitions against war crimes into its domestic legal frameworks, both military and civilian. This article addresses problems with the U.S. federal war crimes statute and proposes reforms that would (1) better conform to U.S. obligations under the Geneva Conventions and …
Application Of The Due Diligence Principle To Cyber Operations, Tomohiro Mikanagi
Application Of The Due Diligence Principle To Cyber Operations, Tomohiro Mikanagi
International Law Studies
The discreet use of proxies by States renders it difficult to prove attribution to States under the existing rules of attribution. On the other hand, the due diligence principle, if applicable, does not require attribution but can lead to the invocation of State responsibility for cyber operations emanating from the territory of other States. In the Corfu Channel judgment the ICJ recognized “every State’s obligation not to allow knowingly its territory to be used for acts contrary to the rights of other States,” and UN Member States agreed that existing international law applies to cyber operations. However, the UN Members …
Amplifying Voices And Fighting Impunity: A Case For Incorporating Victim Impact Into Early Release Decisions At The International Residual Mechanism For Criminal Tribunals, Yasmine Palmer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong
The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong
FIU Law Review
No abstract provided.
The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat
The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat
FIU Law Review
No abstract provided.
Justice Without Fear Or Favour? The Uncertain Future Of The International Criminal Court, Leila Nadya Sadat
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 Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh
The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh
FIU Law Review
No abstract provided.
Did The Special Court For Sierra Leone Work?, Simon M. Meisenberg
Did The Special Court For Sierra Leone Work?, Simon M. Meisenberg
FIU Law Review
No abstract provided.