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Articles 1 - 7 of 7
Full-Text Articles in Law
The Prohibition Of Widespread Rape As A Jus Cogens, Dean Adams
The Prohibition Of Widespread Rape As A Jus Cogens, Dean Adams
San Diego International Law Journal
This Comment explains why the prohibition of widespread rape should be recognized as a jus cogens through analyses of the failure of existing international legal instruments, advances within international law towards the universal prohibition of widespread rape, and policy reasons for classifying widespread rape as a jus cogens. In doing so, this comment will demonstrate the particular timeliness of this topic by reviewing the use of widespread rape in several countries through the 1990s, the widespread rape presently occurring in Kenya, and the emerging reports from Iraq of rape committed at the hands of the Saddam Hussein regime. Finally, this …
Pluralizing International Criminal Justice, Mark A. Drumbl
Pluralizing International Criminal Justice, Mark A. Drumbl
Michigan Law Review
From Nuremberg to The Hague scours the institutions of international criminal justice in order to examine their legitimacy and effectiveness. This collection of essays is edited by Philippe Sands, an eminent authority on public international law and professor at University College London. The five essays derive from an equal number of public lectures held in London between April and June 2002. The essays - concise and in places informal - carefully avoid legalese and arcania. Taken together, they cover an impressive spectrum of issues. Read individually, however, each essay is ordered around one or two well-tailored themes, thereby ensuring analytic …
Pluralizing International Criminal Justice, Mark A. Drumbl
Pluralizing International Criminal Justice, Mark A. Drumbl
Scholarly Articles
This Review Essay of Philippe Sands' (ed.) From Nuremberg to the Hague (2003) explores a number of controversial aspects of the theory and praxis of international criminal law. The Review Essay traces the extant heuristic of international criminal justice institutions to Nuremberg and posits that the Nuremberg experience suggests the need for modesty about what criminal justice actually can accomplish in the wake of mass atrocity. It also explores the place of one person's guilt among organic crime, the reality that international criminal law may gloss over criminogenic conditions in its pursuit of individualized accountability, the possibility of group sanction …
Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl
Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl
Scholarly Articles
There is a recent proliferation of courts and tribunals to prosecute perpetrators of genocide, war crimes, and crimes against humanity. The zenith of this institution-building is the permanent International Criminal Court, which came into force in 2002. Each of these new institutions rests on the foundational premise that it is appropriate to treat the perpetrator of mass atrocity in the same manner that domestic criminal law treats the common criminal. The modalities and rationales of international criminal law are directly borrowed from the domestic criminal law of those states that dominate the international order. In this Article, I challenge this …
Operation Murambatsvina: A Crime Against Humanity Under The Rome Statute? , Jeff Nicolai
Operation Murambatsvina: A Crime Against Humanity Under The Rome Statute? , Jeff Nicolai
American University International Law Review
No abstract provided.
Criminalizing Hate Speech In The Crucible Of Trial: Prosecutor V. Nahimana, Diane F. Orentlicher
Criminalizing Hate Speech In The Crucible Of Trial: Prosecutor V. Nahimana, Diane F. Orentlicher
American University International Law Review
No abstract provided.
Redressing Colonial Genocide: The Hereros' Cause Of Action Against Germany, Rachel J. Anderson
Redressing Colonial Genocide: The Hereros' Cause Of Action Against Germany, Rachel J. Anderson
Scholarly Works
In February 2003, the Herero People's Reparations Corporation filed a complaint against Germany in the District Court of the District of Columbia alleging violations of international law, crimes against humanity, genocide, slavery, and forced labor before, during, and after the German-Herero War (1904-07). The German government, modern scholars, and other commentators have long taken the position that genocides committed by colonial governments in the nineteenth century did not violate international law at that time. Arguments for this position rely, inter alia, on the belief that all forms of genocide were first criminalized and made punishable by the 1948 U.N. Convention …