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Full-Text Articles in Law

Prosecuting Torturers, Protecting "Child Molesters": Toward A Power Balance Model Of Criminal Process For International Human Rights Law, Mykola Sorochinsky Jan 2009

Prosecuting Torturers, Protecting "Child Molesters": Toward A Power Balance Model Of Criminal Process For International Human Rights Law, Mykola Sorochinsky

Michigan Journal of International Law

In the age of terrorism, human rights law globally suffers substantial setbacks. However, at the regional level, human rights law is now more relevant than ever. More cases are decided each year by regional human rights tribunals, particularly in Europe. More importantly, human rights law affects more areas of domestic legal systems than ever before-from trademark law to limits on corporal punishment of children. This growing complexity presents two challenges: first, the challenge of comprehension (or the increasing need to make sense of the ever-expanding case law in many substantive areas) and second, the challenge of responsibility (or the fact …


A Critical Guide To The Iraqi High Tribunal's Anfal Judgement: Genocide Against The Kurds, Jennifer Trahan Jan 2009

A Critical Guide To The Iraqi High Tribunal's Anfal Judgement: Genocide Against The Kurds, Jennifer Trahan

Michigan Journal of International Law

In the Anfal trial, the Iraqi High Tribunal (IHT or the Tribunal) in Baghdad convicted former Iraqi high officials of genocide, crimes against humanity, and war crimes. Unlike its predecessor-the Dujail trial-the Anfal trial included the presentation of a high volume of documentary and eye-witness evidence. This evidence clearly revealed the existence of a genocidal campaign by the former Iraqi government and military that eliminated an estimated 182,000 Iraqi Kurds in 1988, as part of the eight-phased "Anfal campaign" (the Anfal). Relying on this and other evidence, judges in the Anfal Trial Chamber explained fairly persuasively how genocide, crimes against …


Jurisdiction Without Territory: From The Holy Roman Empire To The Responsibility To Protect, Anne Orford Jan 2009

Jurisdiction Without Territory: From The Holy Roman Empire To The Responsibility To Protect, Anne Orford

Michigan Journal of International Law

This Essay focuses upon one contemporary manifestation of that ongoing battle over the relationship between jurisdiction and control over territory-the emergence and institutionalization of the "responsibility to protect" concept. The idea that States and the international community have a responsibility to protect populations has shaped internationalist debates about conflict prevention, the use of force, and international administration since its development by the International Commission on Intervention and State Sovereignty (ICISS) in 2001. The responsibility to protect concept is premised on the notion, to quote former Secretary- General Kofi Annan, that "the primary raison d'être and duty" of every State is …


International Responsibility And The Admission Of States To The United Nations, Thomas D. Grant Jan 2009

International Responsibility And The Admission Of States To The United Nations, Thomas D. Grant

Michigan Journal of International Law

The present Article considers what identifiable substantive obligations might be relevant to admission; whether admission as practiced has resulted in a breach of obligation; and whether any such breach might impose international responsibility on the international actors involved in the decision to admit new States. The Article further considers what future reparative obligations such responsibility might entail.