Law Commons^™

Globalization: New Challenges, Cornelio Sommargua, Robert Jackson, Ramu Damodaran, Philip Bobbitt

New England Journal of Public Policy

From the EPIIC Symposium at Tufts University. These articles speak about topics on war and the effects that the UN has on it, sovereignity, and human rights to name a few.

Human Rights & The International Criminal Court, John Shattuck, Valerie Epps, Hurst Hannon

New England Journal of Public Policy

From the EPIIC Symposium at Tufts University. These articles speak about topics on war and the effects that the US government had on it, issues about war crimes, and human rights to name a few.

John D. Becker On International Crimes, Peace And Human Rights: The Role Of The International Criminal Court Edited By Dinah Shelton. Ardsley, Ny: Transnational Publishers. 356pp., John D. Becker

Human Rights & Human Welfare

A review of:

International Crimes, Peace and Human Rights: The Role of the International Criminal Court edited by Dinah Shelton. Ardsley, NY: Transnational Publishers. 356pp.

Combating Impunity: A Compilation Of Articles On The International Criminal Court And Its Relevance To India, Vahida Nainar, Saumya Uma

Dr. Saumya Uma

American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez

Michigan Law Review

Much has been written recently on African American reparations and reparations movements worldwide, both in the popular press and scholarly publications. Indeed, the expanding volume of writing underscores the impact on the public psyche of movements for reparations for historic injustice. Some of that writing has highlighted the legal obstacles faced by proponents of reparations lawsuits, particularly a judicial system that focuses on individual (and not group-based) claims and tends to squeeze even major social controversies into the narrow litigative paradigm of a two-person auto collision (requiring proof of standing, duty, breach, causation, and direct injury). Other writings detail the …

The Least Dangerous Branch: Six Letters From Publius To Cato In Support Of The International Criminal Court, Leila Nadya Sadat

Case Western Reserve Journal of International Law

No abstract provided.

The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant

Villanova Law Review

No abstract provided.

Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet

Michigan Journal of International Law

This Note will examine problems that arise from the language of the Rome Statute itself. Part II will examine the potential strategic uses of the Rome Statute's jurisdictional aspects. It will also examine how the fairness concerns raised by this potential usage are exacerbated when the potential State abuser is a permanent member of the Security Council. Part III will look at the language of the Rome Statute's definition of crimes against humanity. It will also examine the various and varying interpretations of this language by the scholars and commentators who have examined the issue.

Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Prosecuting Human Rights Violations In Europe And America: How Legal System Structure Affects Compliance With International Obligations, Micah S. Myers

Michigan Journal of International Law

Will states really live up to these obligations? Are some states, and some legal systems, better equipped to do so than others? After all, it is one thing to commit to prosecuting horrendous offenses, or to recognize that there is an obligation under customary international law to do so, yet it is quite another to actually prosecute the perpetrators of such an offense; this is particularly the case when the government has a strong desire not to prosecute, because the accused are members of the government, because they are strong supporters of it, because they are foreign allies of the …

Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short

Michigan Journal of Race and Law

This note will explore the treatment of the two primary violent sexual acts, rape and forced pregnancy, in modern international criminal law; more specifically in its treatment as genocide. The woman as an individual is the primary sufferer of sexual violence during armed conflict, however sexual violence is a calculated means by which perpetrators seek to destroy an entire ethnic group. Sexual violence is both an attack against the woman and an attack against the ethnic group, and should be prosecuted as such. While crimes against individuals are best prosecuted as crimes against humanity or under domestic law, crimes committed …

Assessing International Criminal Adjudication Of Human Rights Atrocities, Diane Marie Amann

Scholarly Works

These remarks were presented on January 5, 2001, as part of a panel on international criminal adjudication at a conference entitled "Into the 21st Century: Reconstruction and Reparations" in Cape Town, South Africa.

The United States joined a number of countries that rushed to sign the treaty to establish the International Criminal Court. They included states like Yemen, Iran, and Israel. These three, along with the United States, were among the few that had refused to vote in favor of the treaty when it was adopted at a diplomatic conference in Rome in 1998. By the end of 2000, 139 …

Unexploded Bomb: Voice, Silence And Consequence At The Hague Tribunals -- A Legal And Rhetorical Critique, Timothy W. Waters

Articles by Maurer Faculty

This Article examines the decision by the ICTY Prosecutor not to investigate NATO's bombing campaign during the Kosovo war - and the Prosecutor's unusual decision to publish an Inquiry explaining its reasons. Many scholars have examined the Inquiry, but all have focused on its substantive legal analysis. This Article takes a different approach: It focuses on how the Prosecution reached the conclusion not to investigate. Using rhetorical analysis, it examines the Prosecution's decision-making mindset to see what that indicates about the shape of future international prosecutorial decision-making, including at the ICC.

There is no evidence that the Prosecution succumbed to …

Establishing The International Criminal Court, Nancy Amoury Combs

Faculty Publications

No abstract provided.