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Articles 1 - 6 of 6
Full-Text Articles in Law
Aiding And Abetting In International Criminal Law, Oona A. Hathaway, Alexandra Francis, Aaron Haviland, Srinath Reddy Kethireddy, Alyssa T. Yamamoto
Aiding And Abetting In International Criminal Law, Oona A. Hathaway, Alexandra Francis, Aaron Haviland, Srinath Reddy Kethireddy, Alyssa T. Yamamoto
Cornell Law Review
To achieve justice for violations of international law such as genocide, torture, crimes against humanity, and war crimes, it is essential to address complicity for international crimes. Beginning in the 1990s, there was a proliferation of international and hybrid criminal tribunals, which sought to hold perpetrators of these crimes accountable and, in turn, generated an explosion of international criminal law jurisprudence. Nonetheless, the contours of aiding and abetting liability in international criminal law remain contested. Courts-both domestic and international-have long struggled to identify the proper legal standard for holding actors liable for aiding and abetting even the most serious violations …
Removals To Somalia In Light Of The Convention Against Torture: Recent Evidence From Somali Bantu Deportees, Daniel J. Van Lehman, Estelle M. Mckee
Removals To Somalia In Light Of The Convention Against Torture: Recent Evidence From Somali Bantu Deportees, Daniel J. Van Lehman, Estelle M. Mckee
Cornell Law Faculty Publications
This paper presents the results of a survey of Somali Bantu deported from the United States from 2016 to 2018, to determine whether they were subjected to torture upon arrival in Somalia. Of the 20 deportees interviewed, 55 percent suffered torture at least once, with the highest percentage—66.7 percent—experienced by individuals deported in 2018. The abuse, which included kidnapping, stabbings, and beatings with truncheons and whips, meets the definition of torture under Article 3 of the Convention Against Torture. Individuals were intentionally subjected to severe pain and suffering for an unlawful purpose: ransom. Further, most of the abuse was inflicted …
Oil, Gas, And Rhesus Monkeys: A New Framework For Natural Resources Under The Commercial Activity Exception, Madelaine J. Horn
Oil, Gas, And Rhesus Monkeys: A New Framework For Natural Resources Under The Commercial Activity Exception, Madelaine J. Horn
Cornell International Law Journal
The Foreign Sovereign Immunities Act of 1976 (FSIA) constitutes an exception for sovereign states to the normal jurisdictional rules that govern when parties are subject to suit in US courts. The commercial activity provision is a carveout within that broad exception-it deprives sovereign states of their exceptional immunity when they engage in commercial conduct. Within this framework, courts have used the natural resource rule to circumvent the commercial activity carveout and restore immunity to sovereign states. This Note argues that the rule should be abandoned in favor of a much more limited test, thereby increasing the number of sovereign states …
Dam(N) Displacement: Compensation, Resettlement, And Indigeneity, Stephen R. Munzer
Dam(N) Displacement: Compensation, Resettlement, And Indigeneity, Stephen R. Munzer
Cornell International Law Journal
Hydroelectric dams produce electricity, provide flood control, and improve agricultural irrigation. But the building and operation of these dams frequently involve forced displacement of local communities. Displacement often has an outsized impact on indigenous persons, who are disproportionately poor, repressed, and politically marginalized. One can limit these adverse effects in various ways: (1) taking seriously the ethics of dam-induced development, (2) rooting out corruption, (3) paying compensation at or near the beginning of dam projects, (4) using land-for-land exchanges, (5) disbursing resettlement funds as needed until displaced persons are firmly established in their new locations, and (6) having entities that …
Out Of The Legal Wilderness: Peacetime Espionage, International Law And The Existence Of Customary Exceptions, Inaki Navarrete Mr, Russell Buchan
Out Of The Legal Wilderness: Peacetime Espionage, International Law And The Existence Of Customary Exceptions, Inaki Navarrete Mr, Russell Buchan
Cornell International Law Journal
This Article demonstrates that peacetime espionage does not benefit from permissive customary international law exceptions. The mainstream view contends that, though peacetime espionage may contravene international law, developments in customary international law (CIL) nevertheless undercut State responsibility for such conduct. The gist of this view is that acts of espionage benefit from permissive CIL exceptions because its practice is widespread and accepted within the international society. However, the mainstream literature has rarely-if ever-meaningfully engaged with the practice of espionage in an effort to tease out the objective and subjective elements supportive of customary espionage exceptions. This Article closes this gap …
Vol. 51, No. 4 Table Of Contents
Vol. 51, No. 4 Table Of Contents
Cornell International Law Journal
No abstract provided.