Law Commons^™

The Jurists’ Trial And Lessons For The Rule Of Law., Harry Reicher

Harry Reicher

No abstract provided.

Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh

Faculty Publications

The Sierra Leone war, which lasted between 1991 and 2002, gained notoriety around the world for “blood" or "conflict" diamonds and some of the worst atrocities ever perpetrated against civilians in a modern conflict. On January 16, 2002, the United Nations and the Government of Sierra Leone signed an historic agreement to establish the Special Court for Sierra Leone (SCSL). In setting up a new type of ad hoc criminal tribunal, the parties sought to achieve two key objectives. First, to dispense credible justice by enabling the prosecution of those bearing greatest responsibility for the wartime atrocities based on international …

International Decision, International Criminal Court, Decision On The Authorization Of An Investigation Into The Situation In The Republic Of Kenya, Charles Chernor Jalloh

Faculty Publications

On March 31, 2010, in its first ever decision authorizing a prosecutorial proprio motu investigation, the Pre-Trial Chamber of the International Criminal Court (ICC) granted the ICC Prosecutor permission to investigate the shocking violence which followed Kenya’s December 2007 Presidential elections under Article 15 of the Rome Statute of the International Criminal Court. The majority of the Chamber ruled that both the contextual and underlying requirements of crimes against humanity had been fulfilled, including that they were committed as part of a state or organizational policy as required by Article7(2)(a) of the Rome Statute. According to the majority, the latter …

Genocide And Restitution: Ensuring Each Group's Contribution To Humanity, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

The protection of minorities in modern international law is intimately connected with and fueled the recognition of the crimes of persecution and genocide. Minority protection represented the proactive component of the international efforts to ensure the contribution of certain groups to the cultural heritage of humankind. Prohibition and prosecution of persecution and genocide represented the reactive element of these same efforts. The restitution of cultural property to persecuted groups by the international community was recognition that their ownership and control of these physical manifestations was necessary for the realization of this purpose.

In this paper, I consider the emergence, contraction …

Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity, Paul R. Williams, Colleen (Betsy) Popken

Case Western Reserve Journal of International Law

No abstract provided.

Adoption Of The Responsibility To Protect, William W. Burke-White

All Faculty Scholarship

This book chapter traces the legal and political origins of the Responsibility to Protect doctrine from its early origins in the International Commission on Intervention and State Sovereignty through the 2005 World Summit Outcome Document and up to January 2011. The chapter examines the legal meaning of the Responsibility to Protect, the obligations the Responsibility imposes on states and international institutions, and its implications in for the international legal and political systems. The chapter argues that while the Responsibility to Protect has developed with extraordinary speed, it is still a norm in development rather than a binding legal rule. Its …