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Articles 1 - 14 of 14

Full-Text Articles in Law

Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner Jul 2016

Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.


Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin Jul 2016

Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin

Georgia Journal of International & Comparative Law

No abstract provided.


Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi Jul 2016

Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.


Children And International Criminal Justice, Fatou Bensouda Jul 2016

Children And International Criminal Justice, Fatou Bensouda

Georgia Journal of International & Comparative Law

No abstract provided.


Putting The Spotlight On “The Terminator”: How The Icc Prosecution Of Bosco Ntaganda Could Reduce Sexual Violence During Conflict, Sarah T. Deuitch Jun 2016

Putting The Spotlight On “The Terminator”: How The Icc Prosecution Of Bosco Ntaganda Could Reduce Sexual Violence During Conflict, Sarah T. Deuitch

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


An Issue Of Monumental Proportions: The Necessary Changes To Be Made Before International Cultural Heritage Laws Will Protect Immoveable Cultural Property, Matthew Smart May 2016

An Issue Of Monumental Proportions: The Necessary Changes To Be Made Before International Cultural Heritage Laws Will Protect Immoveable Cultural Property, Matthew Smart

Chicago-Kent Law Review

Cultural heritage has been targeted during military conflicts throughout history. Currently, the conflict in Syria is resulting in the destruction of ancient immoveable cultural heritage property. This destruction is particularly devastating because Syria has served as a melting pot of Eastern and Western cultures throughout history. This note examines the history of international laws aimed at the protection of cultural heritage property. After applying those laws to the current Syrian conflict, this note offers multiple suggestions to improve the protection of immoveable cultural heritage property. The improvements advanced by this note include necessary changes to the current regime of international …


Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen Apr 2016

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …


The Problem Of Purpose In International Criminal Law, Patrick J. Keenan Apr 2016

The Problem Of Purpose In International Criminal Law, Patrick J. Keenan

Michigan Journal of International Law

Keenan addresses the problem of purposes in this Article, with two principal objectives. The first is to sort through the competing theories to identify the core purposes of international criminal law. The second is to show how those purposes are or can be put into effect in actual cases. These questions are important because the purposes for which the law is deployed significantly influence how it is deployed. Prosecutors bring different kinds of cases and argue different theories based at least in part on what they hope to achieve. For example, in the domestic context, prosecutors might choose to prioritize …


The Third Player-Illegal Combatant, Emanual Gross Jan 2016

The Third Player-Illegal Combatant, Emanual Gross

San Diego International Law Journal

This Article will examine the current status of the international law of war with respect to terrorist organizations and their operatives. The central argument of this article is that international humanitarian law is unable to cope with the reality of international terrorism. The basic definitions of "combatant" and "civilian" are not suitable within the context of the age of terrorism. In the past, combatants were presumed to be either a member of a state, or in the alternative, freedom fighters expressing an idea of resistance against a colonial occupation. Terrorist organizations and their members are not freedom fighters, but rather, …


Ukraine And The International Criminal Court: Implications Of The Ad Hoc Jurisdiction Acceptance And Beyond, Dr. Iryna Marchuk Jan 2016

Ukraine And The International Criminal Court: Implications Of The Ad Hoc Jurisdiction Acceptance And Beyond, Dr. Iryna Marchuk

Vanderbilt Journal of Transnational Law

The Article examines an array of important legal issues that arise out of the acceptance of the jurisdiction of the International Criminal Court by Ukraine, a non-State Party to the Rome Statute, within the framework of Article 12(3) with respect to the alleged crimes against humanity committed during the 2014 Maydan protests (Declaration I) and the alleged war crimes committed in eastern Ukraine and Crimea (Declaration II). It provides an in-depth analysis of constitutional law issues linked to the acceptance of the jurisdiction by Ukraine and discusses its possible implications on the proceedings before the ICC. The Article criticizes the …


Inter-National Justice For Them Or Global Justice For Us?: The U.S. As A Supranational Justice Donor, Margaret M. Deguzman Jan 2016

Inter-National Justice For Them Or Global Justice For Us?: The U.S. As A Supranational Justice Donor, Margaret M. Deguzman

Case Western Reserve Journal of International Law

U.S. policy concerning international justice, particularly at the ICC, involves case-by-case support when such support is in U.S. national interests. This policy signals that the U.S. considers itself a supranational justice donor rather than a member of a global justice community committed to enforcing shared values. This approach to international criminal justice both inhibits global justice efforts and undermines the U.S. claim to global moral leadership. The next U.S. administration should assert full membership in the global justice community by joining the ICC and providing unequivocal support for all efforts to address serious international crimes.


How The International Criminal Court Threatens Treaty Norms, Michael A. Newton Jan 2016

How The International Criminal Court Threatens Treaty Norms, Michael A. Newton

Vanderbilt Journal of Transnational Law

This Article demonstrates the disadvantages of permitting a supranational institution like the International Criminal Court (ICC) to aggrandize its authority by overriding agreements between sovereign states. The Court's constitutive power derives from a multilateral treaty designed to augment sovereign enforcement efforts rather than annul them. Treaty negotiators expressly rejected efforts to confer jurisdiction to the ICC based on its aspiration to advance universal values or a self-justifying teleological impulse to bring perpetrators to justice. Rather, its jurisdiction derives solely from the delegation by States Parties of their own sovereign prerogatives. In accordance with the ancient maxim "nemo plus iuris transfer …


Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris Jan 2016

Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris

Case Western Reserve Journal of International Law

War has forever been considered the utmost necessary evil. Nevertheless, international law has for some time sought to limit the right to wage war (jus ad bellum), as well as the means and methods employed amid war (jus in bello). Although these two branches of law now share humanitarian purposes the prevention of war and its effects -- they have generally been kept separate throughout history. However, confronted with widespread violations of jus in bello, resulting in appalling humanitarian disasters, some have suggested amending their relationship. This was notably sought at the Nuremberg Trials, where prosecutors failed to contend that …


Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz Jan 2016

Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz

Case Western Reserve Journal of International Law

At the 2015 Annual Meeting of the American Society of International Law, a U.S. policy statement on the crime of aggression was presented as part of a panel entitled "The ICC Crime of Aggression and the Changing International Security Landscape." This article examines current U.S. policy on the crime of aggression, highlighting the historic role that the U.S. played in establishing aggression as an international crime after World War II, and concludes that activation of ICC jurisdiction over the crime of aggression would be a significant step forward in the development of international law.