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Full-Text Articles in Law

Introductory Note To Prosecutor V. Ratko Mladić (U.N. Int’L Residual Mechanism Crim. Tribunals App. Chamber), Steven Arrigg Koh Apr 2022

Introductory Note To Prosecutor V. Ratko Mladić (U.N. Int’L Residual Mechanism Crim. Tribunals App. Chamber), Steven Arrigg Koh

Faculty Scholarship

On June 8, 2021, the UN International Residual Mechanism for Criminal Tribunals (Mechanism) Appeals Chamber delivered its appeals judgment in Prosecutor v. Ratko Mladić. The judgment affirmed the 2017 trial judgment of Trial Chamber I of the UN International Criminal Tribunal for the former Yugoslavia (ICTY), which convicted Mladić, the Bosnian Serb commander, of genocide, crimes against humanity, and war crimes during the war in Bosnia between 1992 and 1995, as well as affirming his sentence of life imprisonment. This constituted Mladić’s final appeal, opening the door for his assignment to a prison somewhere in Europe.


Access, Authentication And Preservation: Three Keys To Boosting The Integrity And Inclusivity Of Public Information, Leslie A. Street, Anne E. Burnett Feb 2022

Access, Authentication And Preservation: Three Keys To Boosting The Integrity And Inclusivity Of Public Information, Leslie A. Street, Anne E. Burnett

Library Staff Publications

No abstract provided.


A New Narrative Of Statelessness, David Baluarte Jan 2022

A New Narrative Of Statelessness, David Baluarte

Scholarly Articles

Statelessness: A Modern History by Dr. Mira Siegelberg offers a meticulous reconstruction of the varied contributions of artists, scholars, and policy makers to the understanding of statelessness in the years between the First and Second World Wars. Siegelberg situates statelessness in some of the most prominent debates about international law and relations in modern history, most notably whether the individual is an appropriate subject of international law and whether a political order beyond the confines of the nation-state is desirable.


The Roots Of Collapse: Imposing Constitutional Governance, Catherine Baylin Duryea Jan 2022

The Roots Of Collapse: Imposing Constitutional Governance, Catherine Baylin Duryea

Faculty Publications

The foundational assumption of constitutional governance poses a conundrum for contemporary state-builders: a constitution heavily influenced by foreigners does not represent the views of the governed. Can a modern state-building effort foster democratic institutions when the new government reflects foreign? Nowhere was this tension more apparent than in Afghanistan, where the United States and the United Nations were heavily involved in drafting the 2004 Constitution. They shaped the process from the initial framework to the final, frenzied approval. Foreigners were engaged at both the procedural level—determining how the negotiations would occur and who would participate—and at the substantive level—providing input …


International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann Jan 2022

International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann

Scholarly Works

The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …


Mobilizing Universalism: The Origins Of Human Rights, Catherine Baylin Duryea Jan 2022

Mobilizing Universalism: The Origins Of Human Rights, Catherine Baylin Duryea

Faculty Publications

Human rights law claims to be universal, setting rights apart from paradigms based on shared religion, culture, or nationality. This claim of universality was a significant factor in the proliferation of human rights NGOs in the 1970s and remains an important source of legitimacy. The universality of human rights has been challenged and contested since they were first discussed at the United Nations (UN). Today, much of the debate centers around the origins of human rights-particularly whether they arose out of Western traditions or whether they have more global roots. For too long, discussions about universality have ignored the practice …


Non-Binding International Dispute Settlement, Sean D. Murphy Jan 2022

Non-Binding International Dispute Settlement, Sean D. Murphy

GW Law Faculty Publications & Other Works

The period of the Cold War, with its associated East-West divisions and ever-present threat of nuclear war, presented considerable obstacles to the flowering of the methods of international dispute resolution that were envisaged in Chapters VI and VII of the UN Charter. Those approaches to dispute resolution might be grouped into three categories: resolution of disputes by applying rules of international law, such as resort to arbitration or international courts; resolution of disputes through the projection of power, either in self-defence or under authorisation of the Security Council; and resolution of disputes by identifying and accommodating the interests of the …