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Articles 1 - 12 of 12
Full-Text Articles in Law
Some Other Men's Rea? The Nature Of Command Responsibility In The Rome Statute, Joshua Root
Some Other Men's Rea? The Nature Of Command Responsibility In The Rome Statute, Joshua Root
Joshua L. Root
The Rome Statute of the International Criminal Court provides for Command Responsibility. The provision addressing this is ambiguous and raises a number of interpretive issues. Command responsibility can either be understood as a mode of liability – a way of holding commanders vicariously responsible for the acts of their subordinates, or it can be understood as a separate, distinct crime based on the commander’s dereliction of his supervisory duties. The Rome Statute is not clear on the matter and points in both directions. In recent years, the mode of liability approach has come under increasing scrutiny by academics and by …
Conflict Minerals And The Law Of Pillage, Patrick J. Keenan
Conflict Minerals And The Law Of Pillage, Patrick J. Keenan
Patrick J. Keenan
The illicit exploitation of natural resources—often called conflict minerals—has been associated with some of the worst violence in the past half-century, especially in the Democratic Republic of Congo. Prosecutors and scholars have struggled to develop legal tools to adequately hold accountable those who have been responsible for the exploitation of civilians and resources in conflict. The most common legal tool, the crime of pillage, has been inadequate because it has been applied only to discrete, relatively small episodes of theft. As important as it has been, the episodic theory is of limited utility when applied to what have been called …
Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims' Representatives., David C. Baluarte
Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims' Representatives., David C. Baluarte
David Baluarte
No abstract provided.
All Other Breaches: State Practice And The Geneva Conventions’ Nebulous Class Of Less Discussed Prohibitions, Jesse Medlong
All Other Breaches: State Practice And The Geneva Conventions’ Nebulous Class Of Less Discussed Prohibitions, Jesse Medlong
Michigan Journal of International Law
With respect to the protections afforded by the Geneva Conventions, a great deal of ink has been spilled in recent years over the two-tiered system of tribunals employed by the United States in its prosecution of enemy combatants in the “war on terror.” Less discussed, though, is the wholly separate two-tiered system for sorting violators of the Geneva Conventions that emerges from the very text of those agreements. This stratification is a function of the Conventions’ distinction between those who commit “grave breaches” and those who merely commit “acts contrary to the provisions of the present convention” or “all other …
The Rights Of Indigenous Peoples And International Human Rights Law, Claudia Martin, Diego Rodríguez-Pinzón
The Rights Of Indigenous Peoples And International Human Rights Law, Claudia Martin, Diego Rodríguez-Pinzón
American University International Law Review
No abstract provided.
Fourteenth Annual Grotius Lecture Response., Leila Nadya Sadat
Fourteenth Annual Grotius Lecture Response., Leila Nadya Sadat
American University International Law Review
No abstract provided.
Punishing Aggression As A Crime Against Humanity: A Noble But Inadequate Measure To Safeguard International Peace And Security, Chet Tan
American University International Law Review
No abstract provided.
After Assad: Syria’S Post-Conflict Reconstruction, H. M. Roff
After Assad: Syria’S Post-Conflict Reconstruction, H. M. Roff
Human Rights & Human Welfare
Simon Adams and Condoleezza Rice warn us that with the portended fall of Syria's Bashar al-Assad, the country could witness even more heinous crimes and, potentially, regional political fallout. These worries are not unfounded. However, what seems to be truly missing in their discussions is any mention of post-conflict reconstruction planning. This is unfortunate, as much handwringing is still occurring over "what to do" in Syria, and it will continue until there is a clear vision of what to do after this civil war. Syria's post-conflict reconstruction plan is—or should be—inherently tied to its current operational agenda.
Confronting Complexity Through Law: The Case For Reason, Vision, And Humanity, Jakob Kellenberger
Confronting Complexity Through Law: The Case For Reason, Vision, And Humanity, Jakob Kellenberger
American University International Law Review
No abstract provided.
El Derecho Penal Indígena: Entre La Diversidad Y Los Derechos Humanos, María Paz Avila Ordóñez
El Derecho Penal Indígena: Entre La Diversidad Y Los Derechos Humanos, María Paz Avila Ordóñez
American University International Law Review
No abstract provided.
Targeting And The Concept Of Intent, Jens David Ohlin
Targeting And The Concept Of Intent, Jens David Ohlin
Michigan Journal of International Law
International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well-settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems — often civil law jurisdictions — prosecutors, judges and even scholars have …
Prologue, Claudio Grossman
Prologue, Claudio Grossman
American University International Law Review
No abstract provided.