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Articles 1 - 12 of 12
Full-Text Articles in Law
Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner
Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner
All Faculty Scholarship
Talk of law reform is in the air throughout East Asia. Whether in Beijing or Tokyo or here, law reform is spoken of in terms of strengthening the Rule of Law. But what is the Rule of Law? Different legal systems have different roads to reach the Rule of Law. These different roads are noticeable mainly in the different emphases different systems place on two critical elements in the realization of the Rule of Law State, namely rules and the machinery for implementing the rules, i.e., courts and administrative agencies. The Rule of Law makes demands on both the legal …
Justice And Peace, M. Cherif Bassiouni
Justice And Peace, M. Cherif Bassiouni
Case Western Reserve Journal of International Law
No abstract provided.
The Role Of Justice In Building Peace: Foreword, Michael P. Scharf
The Role Of Justice In Building Peace: Foreword, Michael P. Scharf
Case Western Reserve Journal of International Law
No abstract provided.
Functions Of Justice And Anti-Justice In The Peace-Building Process, Michael P. Scharf, Paul R. Williams
Functions Of Justice And Anti-Justice In The Peace-Building Process, Michael P. Scharf, Paul R. Williams
Case Western Reserve Journal of International Law
No abstract provided.
The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement, Paul R. Williams, Patricia Taft
The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement, Paul R. Williams, Patricia Taft
Case Western Reserve Journal of International Law
No abstract provided.
A View From The Trenches: The Military Role In The Pursuit Of Justice, Michael A. Newton
A View From The Trenches: The Military Role In The Pursuit Of Justice, Michael A. Newton
Case Western Reserve Journal of International Law
No abstract provided.
International Law Association Panel Discussion On "The Holocaust As Catalyst For International Justice": Summary Of Extemporaneous Remarks, Benjamin B. Ferencz
International Law Association Panel Discussion On "The Holocaust As Catalyst For International Justice": Summary Of Extemporaneous Remarks, Benjamin B. Ferencz
ILSA Journal of International & Comparative Law
After more than 40 million persons had been killed in war, there was an overwhelming determination to prevent the recurrence of such tragedies.
The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft
The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft
Articles in Law Reviews & Other Academic Journals
Throughout the 1990's, the approach of the European Union and the United States to the conflicts in the former Yugoslavia was one of coercive appeasement. By most professional and historical accounts, this approach was a failed one, with the consequences that over 250,000 civilians were killed, thousands raped and millions displaced. Throughout the conflict, the institutions of justice created by the international community frequently served as a mere placebo rather than an antidote to the dominant approach of coercive appeasement. Frequently key policymakers actively sought to constrain the role of justice during the peace building process. At times during the …
The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff
The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff
Articles in Law Reviews & Other Academic Journals
Recently, there has been increasing use of the tool of justice/accountability in the peace-building process. Yet, the norms of justice, while increasingly invoked, is seldom defined in the context of peace-building. To understand the role that justice has played and has the potential of playing in the peace-building process, it is important first to define the norm as well as articulate its functions. This article therefore serves as an introduction to The Case Western Reserve Journal of International Law’s “Role of Justice in Building Peace” Symposium Issue by providing a detailed definitional description of the justice norm. In addition, it …
The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams
The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams
Faculty Publications
In our examination of the functions of justice in the peace-building process, we use the former Yugoslavia as an illustrative case study. Reference to the Yugoslavia experience provides a particularly useful touchstone for this analysis because in no other peace-building process in history has there been so much political emphasis placed on the need to employ the norm of justice, and so much energy devoted to creating and utilizing justice-based institutions. The Yugoslav conflict is a particularly fertile research ground for accurately assessing the role of justice in peace- building given the UN Security Council's creation of the United Nations …
Foreword: The Role Of Justice In Building Peace, Michael P. Scharf
Foreword: The Role Of Justice In Building Peace, Michael P. Scharf
Faculty Publications
Forward to The War Crimes Research Symposium: The Role of Justice in Building Peace, Cleveland, Ohio 2003.
Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes
Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes
All Faculty Scholarship
Over the span of 100 days in 1994, almost one million Rwandans died in a genocide that left Rwandan society traumatized and its institutions in disarray. The genocide implicated not only the actual instigators and killers, who came from all levels of Rwandan society, but also the culture of impunity that had thrived in Rwanda for decades. This culture of impunity and inaction in the face of atrocities eerily mirrored the international community's failure to intervene to prevent or respond to the genocide. The genocide provoked a process of reflection within Rwanda and the broader international community about how the …