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Full-Text Articles in Law
User-Generated Evidence, Rebecca Hamilton
User-Generated Evidence, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Around the world, people are using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user-generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security; (ii) evidentiary bias; and (iii) fair trial rights. In the absence of safeguards, user-generated evidence may address current problems in international criminal justice at the cost of creating new ones and shifting existing problems from traditional actors, who have institutional backing, to individual users …
Foreword, The Future Of International Criminal Justice, Claudio Grossman
Foreword, The Future Of International Criminal Justice, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
International criminal law attempts to sanction crimes that have a global nature and impact. After World War II, the international community came together to begin addressing important international issues, including preventing future war and non-war related atrocities and crimes. From the International Military Tribunals established in the wake of World War II to the world's first permanent International Criminal Court (ICC), a number of international bodies, treaties, and statutes have been formed in an effort to effectively administer criminal justice on an international level. Yet the administration and application of international criminal justice has faced significant hurdles and there are …
The Icc's Exit Problem, Rebecca Hamilton
The Icc's Exit Problem, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
The International Criminal Court (ICC) was never meant to supplant the domestic prosecution of international crimes. And yet the Court is now entering its second decade of operations in four African nations, with no plan for exit in sight. This Article identifies the looming need for the ICC to consider when and how to exit situations in which it is currently active. In addition to the normative concern that a failure to start planning for exit undercuts the Court’s placement within a system of complementarity, the need to consider exit is also driven by a financial imperative. The Court’s caseload …
Remarks By Diane Orentilcher, Diane Orentlicher
Remarks By Diane Orentilcher, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
Twenty years into the contemporary era of international criminal tribunals, a large measure of consensus has developed (at least among states that fund tribunals) has developed around the notion that these courts should dispense justice only in respect of the most serious international crimes. This view is reflected in the Rome Statute of the International Criminal Court (ICC), whose preamble affirms "that the most serious crimes of concern to the international community as a whole must not go unpunished" and whose admissibility provisions direct the Court to dismiss a case on the ground that it "is not of sufficient gravity …
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Over the last couple of decades, and particularly since 1998, incredible advances have been made in the effort to end impunity for sexual and gender-based violence committed in the context of war, mass violence, or repression. Before this, crimes committed exclusively or disproportionately against women and girls during conflict or periods of mass violence were either largely ignored, or at most, treated as secondary to other crimes. However, evidence of the large-scale and systematic use of rape in conflicts over the last two decades helped create unprecedented levels of awareness of sexual violence as a method of war and …