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Articles 1 - 8 of 8

Full-Text Articles in Law

Litigating The Holocaust: A Consistent Theory In Tort For The Private Enforcement Of Human Rights Violations , Derek Brown Oct 2012

Litigating The Holocaust: A Consistent Theory In Tort For The Private Enforcement Of Human Rights Violations , Derek Brown

Pepperdine Law Review

No abstract provided.


Is The Prosecution Of War Crimes Just And Effective? Rethinking The Lessons From Sociology And Psychology, Ziv Bohrer Jun 2012

Is The Prosecution Of War Crimes Just And Effective? Rethinking The Lessons From Sociology And Psychology, Ziv Bohrer

Michigan Journal of International Law

Should perpetrators of genocide, violent acts against civilians during war, or other massive violations of core human rights be punished? International criminal law (ICL) answers this question affirmatively, asserting that the punishment of such atrocities is just and that their effective prosecution can (and should) contribute to the prevention of such future acts. Moreover, an increasing attempt has been made in the international and domestic arenas to act in accordance with these assertions of ICL through the prosecution of war crimes. During the last two decades the role of ICL has become gradually more significant, and the fall of the …


Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann May 2012

Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann

Pepperdine Law Review

No abstract provided.


The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting Apr 2012

The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting

Pepperdine Dispute Resolution Law Journal

On July 18, 2000, as part of the Annual Meeting of the American Bar Association, an all star cast of American and English lawyers gathered in the Common Room of the Law Society of England and Wales in London to simulate oral argument before the International Criminal Court ("ICC"). The fictitious proceedings involved a head of state, President Luis Medema, charged with genocide, war crimes and crimes against humanity. The prosecutors and defense counsel engaged in lively oral argument before the Trial Chamber in the context of three critical issues: (1) jurisdiction of the ICC over citizens of non-state parties; …


Legitimizing International Criminal Justice: The Importance Of Process Control, Nancy Amoury Combs Feb 2012

Legitimizing International Criminal Justice: The Importance Of Process Control, Nancy Amoury Combs

Michigan Journal of International Law

The last two decades have witnessed an astounding transformation of the international legal landscape as the international community has created a series of courts and tribunals to prosecute those accused of genocide, war crimes, and crimes against humanity. As a consequence of this international institution building, prosecutions are currently underway for crimes committed across the globe: in the former Yugoslavia, Bosnia, Sierra Leone, the Democratic Republic of the Congo, and Cambodia, among other places. These international criminal tribunals and particularly the first modern tribunal- the International Criminal Tribunal for the former Yugoslavia (ICTY)-have undergone two significant evolutions. One of these …


Choosing To Prosecute: Expressive Selection At The International Criminal Court, Margaret M. Deguzman Feb 2012

Choosing To Prosecute: Expressive Selection At The International Criminal Court, Margaret M. Deguzman

Michigan Journal of International Law

The International Criminal Court (ICC), an institution in its infancy, has had occasion to make only a relatively small number of decisions about which defendants and which crimes to prosecute. But virtually every choice it has made has been attacked: the first defendant, Thomas Lubanga, was not senior enough and the crimes with which he was charged-war crimes involving the use of child soldiers-were not serious enough; the Court should have investigated British soldiers for war crimes committed in Iraq; the ICC should not be prosecuting only rebel perpetrators in Uganda and the Democratic Republic of Congo; the Court's focus …


The Crime Of Genocide Committed Against The Poles By The Ussr Before And During World War Ii: An International Legal Study, Karol Karski Jan 2012

The Crime Of Genocide Committed Against The Poles By The Ussr Before And During World War Ii: An International Legal Study, Karol Karski

Case Western Reserve Journal of International Law

No abstract provided.


Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto Jan 2012

Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto

Michigan Journal of Gender & Law

The question this Article poses is whether victim participation--one of the most recent developments in international criminal law--has increased the visibility of the actual lived experience of survivors of sexual and gender-based violence in the context of war, mass violence, or repression. Under the Rome Statute, victims of the world's most serious crimes were given unprecedented rights to participate in proceedings before the Court. Nearly a decade later, a similar scheme was established to allow victims to participate as civil parties in the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC or Extraordinary Chambers), a court created …