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Articles 1 - 5 of 5
Full-Text Articles in Law
"A Guantanamo On The Sea": The Difficulties Of Prosecuting Pirates And Terrorists, Eugene Kontorovich
"A Guantanamo On The Sea": The Difficulties Of Prosecuting Pirates And Terrorists, Eugene Kontorovich
Faculty Working Papers
As a surge in pirate attacks in the seas around the Horn of Africa threatens to seriously damage international trade, the nations of the world have refused to enforce international law against these criminals. The dozens of nations patrolling the Gulf of Aden have ample legal authority to detain and prosecute pirates. Yet the United States and other navies have, as a matter of policy, been releasing apprehended pirates because of the difficulty of detaining or successfully prosecuting them. These fears are not unwarranted. As this Essay shows, while on the one hand international law requires all nations to fight …
International Human Rights At The Close Of The Twentieth Century, Anthony D'Amato
International Human Rights At The Close Of The Twentieth Century, Anthony D'Amato
Faculty Working Papers
Speculates as to why the human-rights revolution is increasingly likely to dominate our foreign-policy attentions in the decades to come. Ventures some predictions, of particular interest perhaps to international lawyers, about where the cause of international human rights is heading.
Human Rights As Part Of Customary International Law:A Plea For Change Of Paradigms, Anthony D'Amato
Human Rights As Part Of Customary International Law:A Plea For Change Of Paradigms, Anthony D'Amato
Faculty Working Papers
The question for us international lawyers is how, and how much of, public sentiment for human rights has been transformed into binding international law.
On Genocide, Anthony D'Amato
On Genocide, Anthony D'Amato
Faculty Working Papers
The crime of genocide is the newest international crime. It must be kept as a separate, distinct, and coherent concept. It is the first truly subjective crime; all other crime, though requiring mens rea, require only that the defendant consciously committed the criminal acts. In the case of genocide, however, the underlying criminal acts are no different from the acts required to prove ordinary crimes. The difference is one of motive. What is being punished by the crime of genocide is the selection of victims according to their involuntary membership in four kinds of groups: national, ethnical, racial, or religious. …
The Relation Of The Individual To The State In The Era Of Human Rights, Anthony D'Amato
The Relation Of The Individual To The State In The Era Of Human Rights, Anthony D'Amato
Faculty Working Papers
I address the question of the relation of the individual to the state and, in so doing, invoke Hegel, the preeminent philosopher of relationships. As students of international law, we should look forward to achieving the complex synthesis implicit in Hegel's philosophy: to promote the human rights of all persons in the natural context of the unique nation in which they live. Examines a legal problem that highlights this interrelatedness: Frolova v. Union of Soviet Socialist Republics.