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Full-Text Articles in Law
Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez
Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez
Michigan Law Review
In 1993 and 1994, following allegations of mass atrocities, including systematic killings, rapes, and other horrific forms of violence in Rwanda and the territories of the former Yugoslavia, two ad hoc international war crimes tribunals were established to prosecute individuals for grave violations of international humanitarian law, including genocide. As might be expected, advocates for the creation of these entities - the first international courts to prosecute individuals under international law since the trials at Nuremberg and Tokyo after World War II - aspired to grand goals inspired by, but extending far beyond, the pedestrian aims of ordinary criminal prosecutions. …
The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand
The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand
Michigan Journal of International Law
On the night of May 2, 1997, some twenty-five abandoned Serb houses were set on fire in the Croat-controlled municipality of Drvar, part of the Muslim-Croat Federation of Bosnia and Herzegovina. It was clear from all the circumstances that Croats organized the arson of houses in Drvar to obstruct the return of the original Serb residents to the area. Croat authorities then made a concerted effort to resettle displaced Croats in Drvar in order to solidify a stretch of "ethnically-pure" territory adjacent to the Republic of Croatia. These displaced Bosnian Serbs are just a few of the estimated 2.3 million …
State Successions And Statelessness: The Emerging Right To An Effective Nationality Under International Law, Jeffrey L. Blackman
State Successions And Statelessness: The Emerging Right To An Effective Nationality Under International Law, Jeffrey L. Blackman
Michigan Journal of International Law
This paper surveys some of the recent developments in international law relating to nationality and state succession, and suggests a growing convergence among several legal principles-specifically the principle of effective nationality, the individual right to a nationality and the corresponding duty of states to prevent statelessness, and the norm of nondiscrimination. At some point this convergence of such diverse areas of law as nationality, diplomatic protection, and human rights will impose positive duties on successor states with respect to their inherited populations: namely the duty to secure effective nationality for persons affected by state succession.
Slow Down: New Interventionism, Yubo Song
Slow Down: New Interventionism, Yubo Song
Michigan Journal of International Law
Review of The New Interventionism 1991-1994: United Nations Experience in Cambodia, Former Yugoslavia and Somalia (James Mayall ed.)
Force Without Law: Seeking A Legal Justification For The September 1996 U.S. Military Intervention In Iraq, Gavin A. Symes
Force Without Law: Seeking A Legal Justification For The September 1996 U.S. Military Intervention In Iraq, Gavin A. Symes
Michigan Journal of International Law
This note concludes that none of the various legal arguments offered in support of the September 1996 military intervention against Iraq adequately justifies U.S. actions under international law and that in fact international law was never a real concern in planning, implementing, or even justifying the intervention. Part I relates the general history of the "Kurdish problem" and the particulars of the incident under scrutiny. This Part then goes on to describe the aftermath of the intervention and its failure to achieve any of the stated goals of the United States. Part II addresses the general validity under international law …