Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (7)
- Criminal Law (5)
- Comparative and Foreign Law (3)
- Criminal Procedure (3)
- Human Rights Law (3)
-
- International Humanitarian Law (3)
- Law and Gender (2)
- Law and Politics (2)
- Sexuality and the Law (2)
- Transnational Law (2)
- Arts and Humanities (1)
- Civil Rights and Discrimination (1)
- Courts (1)
- Cultural Heritage Law (1)
- Dispute Resolution and Arbitration (1)
- Feminist, Gender, and Sexuality Studies (1)
- History (1)
- International Trade Law (1)
- Jurisdiction (1)
- Land Use Law (1)
- Law and Society (1)
- Law of the Sea (1)
- Legal History (1)
- Legal Remedies (1)
- Military, War, and Peace (1)
- National Security Law (1)
- Water Law (1)
- Institution
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Law
Crimes Against Humanity In Venezuela: Can The Icc Bring Justice To Venezuelan Victims?, Ayumary M. Fitzgerald
Crimes Against Humanity In Venezuela: Can The Icc Bring Justice To Venezuelan Victims?, Ayumary M. Fitzgerald
University of Miami International and Comparative Law Review
State parties to the Rome Statute submit to the jurisdiction of the International Criminal Court (ICC). This permanent and autonomous Court tries individuals for heinous international crimes, including crimes against humanity (CAH). Crimes such as murder, imprisonment, or torture, when committed as part of a widespread or systematic attack directed against a civilian population, with knowledge of the attack, are known as CAH. Under the Statute, national jurisdictions are primarily responsible for investigating and prosecuting those responsible for international crimes. So, before it can assert jurisdiction, the ICC must determine that a state party is unwilling or unable to prosecute …
The Rome Statute: Global Justice And The Asymmetries Of Recognition, Hans Lindahl
The Rome Statute: Global Justice And The Asymmetries Of Recognition, Hans Lindahl
Indiana Journal of Global Legal Studies
Given the emergence of challenges that are increasingly global in nature, and given the irreducible contingency of state borders, it would seem that justice must become global justice: justice that takes shape through a legal order that holds for all of humanity and everywhere. But is justice for all and everywhere possible? At issue, in this question, is not a rearguard defense of the state and state law. Instead, the question concerns the globality of global law and global justice. Is any legal order possible, global or otherwise, that organizes itself as an inside without an outside, that is, which …
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Standards In Command Responsibility Prosecutions: How Strict, And Why?, Michael J. Sherman
Standards In Command Responsibility Prosecutions: How Strict, And Why?, Michael J. Sherman
Northern Illinois University Law Review
The attached article looks at the concept of command responsibility “ the idea that a commander may be held liable for crimes committed by his or her soldiers, even if the commander did not order these crimes to be committed, and may not have been aware of the criminal activity at all. It examines command responsibility prosecutions attached to a number of different conflicts: World War II, the Yugoslavian and Rwandan genocides, and the Sierra Leonean civil war. It also discusses proposed standards for command responsibility prosecutions set out by the African Union and the UN (both in the International …
Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Icc Policy Paper On Sexual And Gender-Based Crimes: A Crucial Step For International Criminal Law, Valerie Oosterveld
The Icc Policy Paper On Sexual And Gender-Based Crimes: A Crucial Step For International Criminal Law, Valerie Oosterveld
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Amicus Curiae Observations On The “Prosecution’S Request For A Ruling On Jurisdiction Under Article 19(3) Of The Statute”, Fannie Lafontaine, Robert Currie, Amanda Ghahremani
Amicus Curiae Observations On The “Prosecution’S Request For A Ruling On Jurisdiction Under Article 19(3) Of The Statute”, Fannie Lafontaine, Robert Currie, Amanda Ghahremani
Reports & Public Policy Documents
The Amici Curiae (‘the Amici’) have been granted leave by Pre-Trial Chamber I (‘the Chamber’) to submit observations in the present proceeding, which derives from the Prosecutor’s request under art. 19(3) for a ruling on whether the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh.
The Amici respectfully offer the Chamber observations on the novel legal issues raised by the Prosecutor’s Request: (II) the scope of art. 19(3) and the powers of the Prosecutor to seek a ruling on jurisdiction before a formal situation has been assigned to it; (III) the scope …
Rape And Sexual Violence Used As A Weapon Of War And Genocide, Larissa Peltola
Rape And Sexual Violence Used As A Weapon Of War And Genocide, Larissa Peltola
CMC Senior Theses
Rape and other forms of sexual violence have been used against civilian populations since the advent of armed conflict. However, recent scholarship within the last few decades proves that rape is not a byproduct of war or a result of transgressions by a few “bad apples,” rather, rape and sexual violence are used as strategic, systematic, and calculated tools of war, ethnic cleansing, and genocide. Rape has also been used as a means of preventing future generations of children of “undesirable” groups from being born. Rape and sexual violence are also used with the purpose of intimidating women and their …
Pluralism In International Criminal Procedure, Jenia I. Turner
Pluralism In International Criminal Procedure, Jenia I. Turner
Faculty Journal Articles and Book Chapters
Over the last two decades, international criminal procedure has become a recognized body of law, with textbooks, treatises, and law review articles discussing its rules and principles and theorizing its goals and methods. The term refers to the procedures used at the international criminal courts and tribunals created to address some of the most serious offenses, such as genocide, crimes against humanity, and war crimes. Some of these courts are fully international, like the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the permanent International Criminal Court (ICC). Others are “hybrid courts,” …