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Full-Text Articles in Law
Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos
Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, Stuart Ford
Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, Stuart Ford
Loyola of Los Angeles International and Comparative Law Review
Despite significant optimism about the future of the International Criminal Court (“ICC”) during its early years, recently there has been growing criticism of it by both scholars and governments. As a result, there appears to be more doubt about the ICC’s ability to succeed now than at any other point in its history. So, are the critics correct? Is the ICC failing? No. This Article argues that, not only can the ICC succeed, there is strong evidence that it is already succeeding. It analyzes several recent empirical articles that have convincingly demonstrated that the ICC prevents serious violations of international …
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
Dermot M Groome
The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court have come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution’s investigative …
The Rome Statute: Global Justice And The Asymmetries Of Recognition, Hans Lindahl
The Rome Statute: Global Justice And The Asymmetries Of Recognition, Hans Lindahl
Indiana Journal of Global Legal Studies
Given the emergence of challenges that are increasingly global in nature, and given the irreducible contingency of state borders, it would seem that justice must become global justice: justice that takes shape through a legal order that holds for all of humanity and everywhere. But is justice for all and everywhere possible? At issue, in this question, is not a rearguard defense of the state and state law. Instead, the question concerns the globality of global law and global justice. Is any legal order possible, global or otherwise, that organizes itself as an inside without an outside, that is, which …
What If The International Criminal Court Could Prosecute President Al-Assad For The Chemical Weapon Attacks In Ghouta?, Paul Cho
St. Mary's Law Journal
Abstract forthcoming.
The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito
The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito
Georgia Journal of International & Comparative Law
No abstract provided.
The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal
The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal
Georgia Journal of International & Comparative Law
No abstract provided.
International Institutions And The Resource Curse, Patrick Keenan
International Institutions And The Resource Curse, Patrick Keenan
Penn State Journal of Law & International Affairs
Many countries that are richly endowed with natural resources have failed to turn that resource wealth into sustained development. In many places, a small coterie of elites has become rich while most citizens see little benefit from their country’s vast resource wealth. A principal cause of this problem, often called the resource curse, is weak domestic institutions that permit leaders to enrich themselves and ignore the development needs of the country. From this, most scholars and policymakers have concluded that the way to fix the resource curse is to reform domestic institutions.
This article challenges the conventional wisdom and argues …
The Arab Spring’S Four Seasons: International Protections And The Sovereignty Problem, Jillian Blake, Aqsa Mahmud
The Arab Spring’S Four Seasons: International Protections And The Sovereignty Problem, Jillian Blake, Aqsa Mahmud
Penn State Journal of Law & International Affairs
In December 2010, public demonstrations erupted throughout the Middle East against autocratic regimes, igniting a regional political transformation known as the Arab Spring. Depending on events, modern international criminal and humanitarian law provided certain protections to vulnerable populations. However, international law did not provide a uniform degree of protection to civilians and combatants who faced similar circumstances. This Article argues for a uniform standard of protections for all populations affected by armed conflict, war crimes, and crimes against humanity. It evaluates each of five major Arab Spring uprisings (Tunisia, Bahrain, Egypt, Syria, and Libya) and describes the legal protections that …
The Impact Of The Icty On Atrocity-Related Prosecutions In The Courts Of Bosnia And Herzegovina, Yaël Ronen
The Impact Of The Icty On Atrocity-Related Prosecutions In The Courts Of Bosnia And Herzegovina, Yaël Ronen
Penn State Journal of Law & International Affairs
The International Criminal Tribunal for Yugoslavia was not mandated to proactively promote domestic prosecutions of war-related crimes. However, its operation may have had some impact on domestic proceedings concerning war-related crimes in Bosnia and Herzegovina. The object of this article is to identify and explain this impact, with respect to qualitative (institutional legal capacities), quantitative (rates of prosecution and trends in sentencing), and normative (the adoption and application of criminal law norms) benchmarks.
The Limits Of Judicial Idealism: Should The International Criminal Court Engage With Consequentialist Aspirations?, Shahram Dana
The Limits Of Judicial Idealism: Should The International Criminal Court Engage With Consequentialist Aspirations?, Shahram Dana
Penn State Journal of Law & International Affairs
Idealism about what international criminal justice mechanisms can achieve has lead to ideologically driven judicial decision-making in international criminal law (ICL). ICL idealism manifests itself in the belief that international criminal prosecutions can achieve an awesome array of goals. These include retribution, deterrence, reconciliation, rehabilitation, incapacitation, restoration, building a historical record, preventing revisionism, expressive and didactic functions, crystallizing international norms, general affirmative prevention, establishing peace, preventing war, vindicating international law prohibitions, setting standards for fair trials, combating impunity, and more. Ironically, this idealistic overreach, although usually well intended, has actually contributed to the politicization of the international judicial process.
The …
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
Penn State Journal of Law & International Affairs
The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court have come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution’s investigative …
Foreword, Claudio Grossman
Foreword, Claudio Grossman
Penn State Journal of Law & International Affairs
No abstract provided.
Africa, Mark J. Calaguas
Africa, Mark J. Calaguas
Mark J Calaguas
The Africa Committee's contribution to the 2011 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.
The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder
The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder
C. Peter Erlinder
ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for the former Yugoslavia [10] …