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Full-Text Articles in Law
Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt
Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
The ICC Prosecutor's own charging policies should be prepared to give way to the judgments of legitimate political actors in times of political transition when actual arrests are more likely and competing justice proposals pose a more troubling challenge to the ICC's authority. In that scenario, I argue that the Prosecutor should encourage legitimate political actors to reach policy decisions that will command deference by the ICC. Such deference could take one or both of the following forms: (1) explicit deference to political actors, principally the U.N. Security Council acting under Chapter VII of the U.N. Charter, and (2) implied …
Congress, The Supreme Court, And Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy By Placing Limits On Federal Court Jurisdiction, Neal Devins
Faculty Publications
No abstract provided.
Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams
Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Steve Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa
Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Steve Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa
Articles, Book Chapters, & Popular Press
The reach of national law is often greater than its grasp. Canada, like other countries, has effective legal power over its territory and all within it. However, one consequence of the current process of globalization, for good or ill, is that Canadian interests are no longer contained exclusively within Canadian borders. Canada thus finds it increasingly necessary to consider asserting its legal jurisdiction beyond its frontiers. Such extraterritorial assertion of Canadian authority may well run into strong opposition from other countries, who might view Canada as attempting to intervene in their own national territory and domestic affairs. Likewise, other states, …
The Act Requirement As A Basic Concept Of Criminal Law, Luis E. Chiesa
The Act Requirement As A Basic Concept Of Criminal Law, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Forward: Lessons From The Saddam Trial, Michael P. Scharf
Forward: Lessons From The Saddam Trial, Michael P. Scharf
Faculty Publications
Forward to the conference on "Lessons from the Daddam Trial."