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Full-Text Articles in Law
The Karadžić Genocide Conviction: Inferences, Intent, And The Necessity To Redefine Genocide, Milena Sterio
The Karadžić Genocide Conviction: Inferences, Intent, And The Necessity To Redefine Genocide, Milena Sterio
Law Faculty Articles and Essays
This Article first discusses and analyzes the Genocide Convention and its strict definition of genocide and the "intent" requirement. It then focuses on the evolution of this definition in light of the recent Karadžić case. This Article demonstrates that in modern-day conflicts, the finding of genocidal intent may be an impossible task for the prosecution and that the ICTY Trial Chamber’s method of inferring intent based on knowledge and other indirect factors may be the only way that prosecutors will be able to obtain future genocide convictions. This Article then discusses a possible re-drafting and re-conceptualizing of the genocide definition …
From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman
From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman
Cleveland State Law Review
This note argues that international law, properly informed by the Nuremberg principles, deserves consistent application by the ad hoc International Tribunal (hereinafter Yugoslav Tribunal) in "prosecute[ing] persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia [since] 1991 . .. ." At the request of the Security Council of the United Nations (hereinafter UN), the UN Secretary-General submitted a proposal to create the Yugoslav Tribunal to prosecute responsible persons in the former Yugoslavia. The Security Council approved that report and, acting under Chapter VII of the United Nations Charter, adopted the Statute of …
From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman
From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman
Cleveland State Law Review
This note argues that international law, properly informed by the Nuremberg principles, deserves consistent application by the ad hoc International Tribunal (hereinafter Yugoslav Tribunal) in "prosecute[ing] persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia [since] 1991 . .. ." At the request of the Security Council of the United Nations (hereinafter UN), the UN Secretary-General submitted a proposal to create the Yugoslav Tribunal to prosecute responsible persons in the former Yugoslavia. The Security Council approved that report and, acting under Chapter VII of the United Nations Charter, adopted the Statute of …