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Full-Text Articles in Law

Time To Enumerate The Slave Trade As A Distinct Provision In The Crimes Against Humanity Treaty, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum, Alexandra Lily Kather Nov 2023

Time To Enumerate The Slave Trade As A Distinct Provision In The Crimes Against Humanity Treaty, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum, Alexandra Lily Kather

Faculty Online Publications

The proposed Draft articles on Prevention and Punishment of Crimes against Humanity under consideration at the United Nations General Assembly’s Sixth Committee (Legal) are bereft of a distinct provision to address the international crime of the slave trade.


Justice Without Fear Or Favour? The Uncertain Future Of The International Criminal Court, Leila Nadya Sadat Jan 2021

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 …


Heads Of State And Other Government Officials Before The International Criminal Court: The Uneasy Revolution Continues, Leila Nadya Sadat Jan 2020

Heads Of State And Other Government Officials Before The International Criminal Court: The Uneasy Revolution Continues, Leila Nadya Sadat

Scholarship@WashULaw

This essay takes up the current debate about the relationship between article 27 of the Rome Statute of the International Criminal Court and article 98 of the Statute concerning the immunity of sitting Heads of State from investigation or prosecution before the Court and the duty of States to cooperate with the Court as regards their arrest and surrender. The essay traces the history of article 27 and its incorporation into the Statute and observes that it represents a rule of customary international law resting upon the adoption of the Nuremberg Principles after World War II, and reiterated in the …


Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul Williams, Sophie Pearlman Jan 2019

Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul Williams, Sophie Pearlman

Articles in Law Reviews & Other Academic Journals

The original 2001 United Nations (UN) codification of the Responsibility to Protect (R2P) granted the UN Security Council exclusive control over authorizing use of force in sovereign states. Unfortunately, as demonstrated over the past 20 years, the need for humanitarian intervention has not changed and the use of force in the name of humanitarian intervention has not always occurred even when the need for such intervention was dire. When the UN Security Council is deadlocked, and a humanitarian crisis is at hand, it is necessary to have a means of using low-intensity military force to prevent mass atrocity crimes. In …


The Hidden Costs Of Strategic Communications For The International Criminal Court, Megan A. Fairlie Jan 2016

The Hidden Costs Of Strategic Communications For The International Criminal Court, Megan A. Fairlie

Faculty Publications

In little more than a decade, the International Criminal Court (ICC) has received nearly 11,000 requests for its Prosecutor to conduct atrocity investigations around the globe. To date, no such communication has resulted in an official investigation. Nevertheless, the act of publicizing these investigation requests has proven to be an effective, attention-getting tool that can achieve valuable, alternative goals. This fact explains the increasing popularity of “strategic communications” — highly publicized investigation requests aimed not at securing any ICC-related activity, but at obtaining some non-Court related advantage. This Article, which is the first to identify this trend, explains why the …


R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie, Ion Stancu Jan 2010

R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie, Ion Stancu

Articles, Book Chapters, & Popular Press

Canada recently completed its first genocide trial, which resulted in the conviction of the Rwandan accused, Desiré Munyaneza, for crimes committed during the Rwandan genocide. While the case is still under appeal, it represents a significant success for Canada’s relatively new core crimes legislation, the Crimes Against Humanity and War Crimes Act, and was the first prosecution undertaken pursuant to that law. Drawing upon the Munyaneza case, the authors analyze the legislation and evaluate its effectiveness. They conclude that the model is an effective one that both bodes well for Canada’s future participation in the battle against impunity, and provides …


R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie Jan 2010

R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie

Articles, Book Chapters, & Popular Press

Canada recently completed its first genocide trial, which resulted in the conviction of the Rwandan accused, Desiré Munyaneza, for crimes committed during the Rwandan genocide. While the case is still under appeal, it represents a significant success for Canada’s relatively new core crimes legislation, the Crimes Against Humanity and War Crimes Act, and was the first prosecution undertaken pursuant to that law. Drawing upon the Munyaneza case, the authors analyze the legislation and evaluate its effectiveness. They conclude that the model is an effective one that both bodes well for Canada’s future participation in the battle against impunity, and provides …


Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez Jan 2008

Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams Jan 2007

Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs Jan 2006

Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs

Faculty Publications

International tribunals prosecuting those responsible for genocide, crimes against humanity, and war crimes face many of the same resource constraints that bedevil national criminal justice systems. Consequently, international tribunals have begun to utilize various procedural devices long used by national prosecutors to speed case dispositions. One such procedural device is the guilty plea. National prosecutors induce criminal defendants to plead guilty and waive their rights to trial through a process of plea bargaining; that is, by offering defendants sentencing concessions in exchange for their guilty pleas. International prosecutors who seek to engage in plea bargaining, however, face a host of …


Inter-American System, Claudia Martin Jan 2004

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs Jan 2003

International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs

Faculty Publications

No abstract provided.


Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher Jan 1994

Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.