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Full-Text Articles in Law
Ending Impunity: How International Criminal Law Can Put Tyrants On Trial, Geoffrey Robertson
Ending Impunity: How International Criminal Law Can Put Tyrants On Trial, Geoffrey Robertson
Cornell International Law Journal
In this keynote address to the Symposium on Milosevic & Hussein on Trial, the author argues that the two trials demonstrate that the historical immunity problem of tyrants has been solved, & have ushered in a period when international justice will have its own momentum. Historical analysis of the denial of impunity to tyrants relates the evolution of sovereign immunity in the Treaty of Westphalia, & the trials of Charles I, Louis XVI, & Napoleon. Head of state immunity was further removed in the Nuremberg Tribunals, & international accountability for international crimes was established with the trial of Prime Minister …
Address To The Cornell International Law Journal Symposium: Milosevic & (And) Hussein On Trial, Ruth Wedgwood
Address To The Cornell International Law Journal Symposium: Milosevic & (And) Hussein On Trial, Ruth Wedgwood
Cornell International Law Journal
In this essay in the Symposium on Milosevic & Hussein on Trial, the author questions the critiques of the Iraqi Special Tribunal (IST) to argue that the tribunal offers advantages of availability to citizens in location, language, & differences in legal categories that were not available to people in the former Yugoslavia & Rwanda trials. Language issues that have emerged in fact finding, establishing culpability, & barriers in witness interviews are described. The meaning of moral responsibility in terms of exculpatory evidence, & command responsibility are difficult to communicate or interpret. The advantages of local trials are the increased possibility …
Former Heads Of State On Trial, Mikhail Wladimiroff
Former Heads Of State On Trial, Mikhail Wladimiroff
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author explores issues surrounding the development of accountability for violations of international humanitarian law for former heads of state & national leaders. Procedural issues faced in the creation of special courts, the functional responsibility of military & civilian superiors, & the development of immunity through previous trials are discussed. The trial issues that emerged from Milosevic's claim of illegality & self representation are discussed in terms of the expectations of the Hussein trial indictments & defense. The author asserts that both trials are in a midway stage, …
Errors And Missteps: Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Michael P. Scharf, Ahran Kang
Errors And Missteps: Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Michael P. Scharf, Ahran Kang
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the Iraqi Special Tribunal (IST) can learn much from the successes & missteps of previous international criminal tribunals. Key lessons from the International Criminal Tribunal on the Former Yugoslavia (ICTY), The International Criminal Tribunal for Rwanda (ICTR), & the Special Court for Sierra Leone (SCSL) are comparatively discussed with statutes of the IST regarding issues of credibility, building prosecutorial strategy, challenges to legitimacy, limitations to the right of self representation, television presence, the role of observers, the Quoque defense, protection of court witnesses, judicial …
Justice, Power, And The Realities Of Interdependence: Lessons From The Milosevic And Hussein Trials, Payam Akhavan
Justice, Power, And The Realities Of Interdependence: Lessons From The Milosevic And Hussein Trials, Payam Akhavan
Cornell International Law Journal
In this essay in the Symposium on Milosevic & Hussein on Trial, the author discusses issues of interdependence to argue that, although military power can eliminate threats in the short term, in an inextricably interdependent world long term peace can only be sustained by legitimacy. The author's personal experiences at a meeting on the "ethnic cleansing" in the Balkans prior to the creation of the International Criminal Tribunal on the former Yugoslavia (ICTY) are related to the success of "soft power" in judicial disguise, & the relationship between justice for others & political identity in liberal democracies. A historical narrative …