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Full-Text Articles in Law
Reclaiming Fundamental Principles Of Criminal Law In The Darfur Case, George P. Fletcher, Jens David Ohlin
Reclaiming Fundamental Principles Of Criminal Law In The Darfur Case, George P. Fletcher, Jens David Ohlin
Cornell Law Faculty Publications
According to the authors, the Report of the UN Commission of Inquiry on Darfur and the Security Council referral of the situation in Darfur to the International Criminal Court (ICC) bring to light two serious deficiencies of the ICC Statute and, more generally, international criminal law: (i) the systematic ambiguity between collective responsibility (i.e. the responsibility of the whole state) and criminal liability of individuals, on which current international criminal law is grounded, and (ii) the failure of the ICC Statute fully to comply with the principle of legality. The first deficiency is illustrated by highlighting the notions of genocide …
Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S., Malvina Halberstam
Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S., Malvina Halberstam
Faculty Articles
No abstract provided.
Ending Impunity The Case For War Crimes Trials In Liberia, Charles Chernor Jalloh, Alhagi Marong
Ending Impunity The Case For War Crimes Trials In Liberia, Charles Chernor Jalloh, Alhagi Marong
Faculty Publications
This paper argues that Liberia owes a duty under international law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the various warring parties in the course of 14 years of brutal conflict. The authors evaluate the options for prosecution, starting with the possible use of Liberian courts. They argue that even if willing, the national courts are unable to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in …
Review Of Conference: “International Criminal Tribunals In The 21st Century”, Tim Curry
Review Of Conference: “International Criminal Tribunals In The 21st Century”, Tim Curry
Human Rights Brief
No abstract provided.
Brave New World: U.S. Responses To The Rise In International Crime - An Overview, John F. Murphy
Brave New World: U.S. Responses To The Rise In International Crime - An Overview, John F. Murphy
Villanova Law Review
No abstract provided.
Revisiting Novel Approaches To Combating The Financing Of Crime: A Brave New World Revisited, Bruce Zagaris
Revisiting Novel Approaches To Combating The Financing Of Crime: A Brave New World Revisited, Bruce Zagaris
Villanova Law Review
No abstract provided.
Fighting International Crime And Its Financing: The Importance Of Following A Coherent Global Strategy Based On The Rule Of Law, Herbert V. Morais
Fighting International Crime And Its Financing: The Importance Of Following A Coherent Global Strategy Based On The Rule Of Law, Herbert V. Morais
Villanova Law Review
No abstract provided.
International Criminal Law - How Long Will Some Miss The Missing Link, Hans Corell
International Criminal Law - How Long Will Some Miss The Missing Link, Hans Corell
Case Western Reserve Journal of International Law
No abstract provided.
Book Review Of Luc Reydams, Universal Jurisdiciton: International And Municipal Legal Perspectives (2003), David Luban
Book Review Of Luc Reydams, Universal Jurisdiciton: International And Municipal Legal Perspectives (2003), David Luban
Georgetown Law Faculty Publications and Other Works
Some crimes are so odious that committing them makes one hostis generis humani (an enemy of all mankind). Intuitively, the idea of a universal enemy implies the possibility of universal criminal jurisdiction (UCJ). As Luc Reydams notes, the notion of UCJ originated in the 16th century with Covarruvias, although the idea is better known through Grotius's famous assertion that every state has jurisdiction over "gross violations of the law of nature and of nations, done to other states and subjects" (De Jure Belli ac Pacis, AC Campbell trans., II.20.VII). For many years piracy was the only recognized UCJ crime, not …