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Jurisdiction

War crimes

Selected Works

Articles 1 - 3 of 3

Full-Text Articles in Law

Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel Nov 2013

Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel

Douglass Cassel

No abstract provided.


Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin Jul 2013

Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin

Craig Martin

For the purpose of exploring the issues of extraterritoriality raised in Kiobel v. Royal Dutch Petroleum Co., this project sought to examine how the federal courts have considered extraterritoriality in cases arising in the so-called “global war on terror” (GWOT). The inquiry leads to some new and arguably important observations about extraterritoriality in the GWOT policies and related jurisprudence. The plaintiffs in Kiobel claimed, under the Alien Tort Statute (ATS), that the defendant corporations were liable for complicity in Nigeria’s conduct of indefinite detention, torture, and extrajudicial killing. The U.S. Supreme Court departed from the issue of corporate liability under …


The Push To Criminalize Aggression: Something Lost Amid The Gains?, Mark A. Drumbl Jan 2013

The Push To Criminalize Aggression: Something Lost Amid The Gains?, Mark A. Drumbl

Mark A. Drumbl

The International Criminal Court has jurisdiction over the crime of aggression, but the Rome Statute fails to define the crime. A Special Work- ing Group on the Crime of Aggression, however, has made considerable progress in developing a definition. The consensus that has emerged favors a narrow definition. Three characteristics animate this consensus: (1) that state action is central to the crime; (2) that acts of aggression involve inter- state armed conflict; and (3) that criminal responsibility attaches only to very top political or military leaders. This Article normatively challenges this consensus. I argue that expanding the scope of the …