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Full-Text Articles in Law
The Development Of International Law In Relation To Crimes Against Humanity, Nikki Redelijk
The Development Of International Law In Relation To Crimes Against Humanity, Nikki Redelijk
Global Tides
This paper will look at the development of international law in relation to crimes against humanity. First, juridically applied at the Nuremberg Trials, crimes against humanity has historically offered a compelling juxtaposition between naturalist and positivist law. Hence, this paper attempts to shed light on these juxtapositions, as seen by the respective arguments taken up by the Allies and Germany at Nuremberg. Likewise, this paper will illustrate the complexities within the definition itself. Finally, this paper will clarify the differing definitions taken up at the various tribunals following Nuremberg, leading up to the Rome Statute. It is a hope, that …
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 …
Children, Diane Marie Amann
Children, Diane Marie Amann
Scholarly Works
This chapter, which appears in The Cambridge Companion to International Criminal Law (William A. Schabas ed. 2016), discusses how international criminal law instruments and institutions address crimes against and affecting children. It contrasts the absence of express attention in the post-World War II era with the multiple provisions pertaining to children in the 1998 Statute of the International Criminal Court. The chapter examines key judgments in that court and in the Special Court for Sierra Leone, as well as the ICC’s current, comprehensive approach to the effects that crimes within its jurisdiction have on children. The chapter concludes with a …
Politics And Prosecutions, From Katherine Fite To Fatou Bensouda, Diane Marie Amann
Politics And Prosecutions, From Katherine Fite To Fatou Bensouda, Diane Marie Amann
Scholarly Works
Based on the Katherine B. Fite Lecture delivered at the 5th Annual International Humanitarian Law Dialogs in Chautauqua, New York, this essay examines the role that politics has played in the evolution of international criminal justice. It first establishes the frame of the lecture series and its relation to IntLawGrrls blog, a cosponsor of the IHL Dialogs. It then discusses the career of the series' namesake, Katherine B. Fite, a State Department lawyer who helped draft the Charter of the International Military Tribunal at Nuremberg and who was, in her own words, a "political observer" of the proceedings. The essay …
Portraits Of Women At Nuremberg, Diane Marie Amann
Portraits Of Women At Nuremberg, Diane Marie Amann
Scholarly Works
This essay reflects ongoing research that investigates women who played roles in war crimes trials at Nuremberg, Germany, and situates those women within the context of social developments during the post-World War II era. Based on an autumn 2009 presentation at the Third International Humanitarian Law Dialogs, the essay builds upon the “Women at Nuremberg” series posted at IntLawGrrls blog. The essay mentions women who were defendants, journalists, or witnesses; however, it focuses on some of the women, mostly Americans, who served as prosecutors at Nuremberg.
War Tales And War Trials, Patricia M. Wald
War Tales And War Trials, Patricia M. Wald
Michigan Law Review
In this foreword, I will compare my experiences as a judge on the International Criminal Tribunal for the former Yugoslavia, and the work of war crimes tribunals generally, with a few of the recurrent themes in epic tales of war. Books and trials strive to educate and to persuade their audiences of the barbarity of war and its antipathy to the most fundamental norms of a humane society.3 War crimes tribunals began with Nuremberg and have proliferated in the past fifteen years. These tribunals were established to try and to punish individuals for violations of international humanitarian law ("IHL")-the so-called …
Teaching The Law Of Armed Conflict To Armed Forces: Personal Reflections, David Lloyd Roberts
Teaching The Law Of Armed Conflict To Armed Forces: Personal Reflections, David Lloyd Roberts
International Law Studies
No abstract provided.
Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel
Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel
Articles & Chapters
No abstract provided.
Propositions On The Law Of War After The Kosovo Campain, Ruth Wedgewood
Propositions On The Law Of War After The Kosovo Campain, Ruth Wedgewood
International Law Studies
No abstract provided.
Antecedents Of The Rome Statute Of The International Criminal Court Revisited, Shabtai Rosenne
Antecedents Of The Rome Statute Of The International Criminal Court Revisited, Shabtai Rosenne
International Law Studies
No abstract provided.
International Humanitarian Law From Agincourt To Rome, Meron Theodor
International Humanitarian Law From Agincourt To Rome, Meron Theodor
International Law Studies
No abstract provided.
The Rome Statute On The International Criminal Court - Universal Jurisdiction Or State Consent - To Make Or Break The Package Deal, Sharon A. Williams
The Rome Statute On The International Criminal Court - Universal Jurisdiction Or State Consent - To Make Or Break The Package Deal, Sharon A. Williams
International Law Studies
No abstract provided.
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
International Law Studies
No abstract provided.
Making Law Of War Treaties: Lessons From Submarine Warfare Regulation, Hays W. Parks
Making Law Of War Treaties: Lessons From Submarine Warfare Regulation, Hays W. Parks
International Law Studies
No abstract provided.
Chapter V: Principles And Sources Of The Law Of Armed Conflict
Chapter V: Principles And Sources Of The Law Of Armed Conflict
International Law Studies
No abstract provided.
War Crimes And The Limits Of Legalism, Gary Jonathan Bass
War Crimes And The Limits Of Legalism, Gary Jonathan Bass
Michigan Law Review
In April 1945, Sir John Simon, Britain's Lord Chancellor, drew up a memorandum that was the last gasp in the diplomatic struggle against Nuremberg. Under American pressure, and despite British objections, the Allies were poised to agree to put the Axis leadership on trial for war crimes. In the kind of magnificent understatement that the British government could sometimes inadvertently achieve, it was entitled "The Argument for Summary Process against Hitler & Co." The memorandum was a series of arguments to be used by the British delegation at the San Francisco conference in a last-ditch effort to win over the …
War Crimes, Howard S. Levie
What Is - Why Is There - The Law Of War?, Leslie Green
What Is - Why Is There - The Law Of War?, Leslie Green
International Law Studies
No abstract provided.
The International Criminal Tribunal And Subpoenas For State Documents, Ruth Wedgewood
The International Criminal Tribunal And Subpoenas For State Documents, Ruth Wedgewood
International Law Studies
No abstract provided.
Criminality In The Law Of War, Howard Levie
Criminality In The Law Of War, Howard Levie
International Law Studies
First published in 1 International Criminal Law 233 (M. CherifBassiouni ed.) 1986)
Prosecuting War Crimes Before An International Tribunal, Howard Levie
Prosecuting War Crimes Before An International Tribunal, Howard Levie
International Law Studies
First published in 28 Akron Law Review 429 (1995)
The Rise And Fall Of An Internationally Codified Denial Of The Defense Of Superior Orders, Howard Levie
The Rise And Fall Of An Internationally Codified Denial Of The Defense Of Superior Orders, Howard Levie
International Law Studies
First published in 30 Revue De Droit Militaire Et De Droit De LA Guerre 183 (1991)
Transcript (Symposium: Nazis In The Courtroom: Lessons From The Conduct Of Lawyers And Judges Under The Laws Of The Third Reich And Vichy, France)., Ruti G. Teitel
Articles & Chapters
No abstract provided.
Yamashita, Nuremberg And Vietnam: Command Responsibility Reappraised, Franklin A. Hart
Yamashita, Nuremberg And Vietnam: Command Responsibility Reappraised, Franklin A. Hart
International Law Studies
No abstract provided.