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Full-Text Articles in Law
Tadić, The Anonymous Witness And The Sources Of International Procedural Law, Natasha A. Affolder
Tadić, The Anonymous Witness And The Sources Of International Procedural Law, Natasha A. Affolder
Michigan Journal of International Law
This article explores the Trial Chamber's decision to allow the use of anonymous testimony as a protective measure in the wake of the final judgment in the Tadić trial. This initial decision, granting the prosecutor's request for protective measures including the withholding of four witnesses' identities from the accused, formed a precedent upon which later rulings for protective measures relied, both throughout the Tadić case and in subsequent cases before the International Tribunal.
Article 51: Limits On Self-Defense?, Thomas K. Plofchan Jr.
Article 51: Limits On Self-Defense?, Thomas K. Plofchan Jr.
Michigan Journal of International Law
This article's two-pronged analysis has three distinct parts. Part I lays out the controversy of Article 51 interpretation as applied to the recent Gulf Crisis. Part II examines the legal guidance for interpreting the U.N. Charter, the Charter's travaux preparatoires, and specifically the work of the committees and subcommittees responsible for drafting and amending articles that fully incorporate the right of self-defense into the Charter. This Part develops conclusions on Article 51 that may be applied to the context of the recent Gulf Crisis. This Part also contrasts the Article 51 right of collective self-defense with the right of …