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Articles 1 - 16 of 16
Full-Text Articles in Law
Submission Of Amicus Curiae Observations In The Case Of The Prosecutor V. Dominic Ongwen, Erin Baines, Kamari M. Clarke, Mark A. Drumbl
Submission Of Amicus Curiae Observations In The Case Of The Prosecutor V. Dominic Ongwen, Erin Baines, Kamari M. Clarke, Mark A. Drumbl
Scholarly Articles
The important questions laid out by the Appeals Chamber in this case highlight the need for the proper delineation and interplay between mental illness and criminal responsibility under international law. Specifically, this case represents a watershed moment for the Appeals Chamber to set a framework for adjudicating mental illness in the context of collectivized child abuse and trauma. This is especially true for former child soldiers who occupy both a victim and alleged perpetrator status.
Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos
Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Problems Facing The International Criminal Court: African Perspectives, Sarah Nimigan
The Problems Facing The International Criminal Court: African Perspectives, Sarah Nimigan
Electronic Thesis and Dissertation Repository
Since the establishment of the International Criminal Court (ICC), it has faced serious problems and has been subject to criticism, particularly from African states. More specifically, some African states have argued that the operation of the Court has produced outcomes that are vastly different from what was imagined and hoped for at the time the Court was negotiated in 1998. The dissertation answers four interrelated research questions: (1) What kind of International Criminal Court (ICC) did African states want prior to and during the Rome Diplomatic Conference in 1998? (2) Why did African states ratify the Rome Statute more than …
America's Ambivalent Commitment To International Justice, Robert Howse, Ruti G. Teitel
America's Ambivalent Commitment To International Justice, Robert Howse, Ruti G. Teitel
Other Publications
No abstract provided.
Kewenangan International Criminal Court Dalam Mengadili Pelaku Kejahatan Perang Pada Negara Yang Tidak Meratifikasi Rome Statute 1998, R Gilang Wisnhu Dhuara
Kewenangan International Criminal Court Dalam Mengadili Pelaku Kejahatan Perang Pada Negara Yang Tidak Meratifikasi Rome Statute 1998, R Gilang Wisnhu Dhuara
"Dharmasisya” Jurnal Program Magister Hukum FHUI
International Humanitarian Law is a part of the law that regulates provisions for protection of victims of war, the law of war that rule the war itself and everything that concerns the way of war itself. Rome Statute 1998 became the foundation of the International Criminal Court (ICC) is a permanent and independent court that can prosecute the perpetrators of serious crimes, one of them is war. to be able to do the jurisdiction of the ICC in a country, then the country must ratify the Statute. Furthermore, if a country does not ratify the Statute, how the ICC can …
Propaganda Warfare On The International Criminal Court, Sara L. Ochs
Propaganda Warfare On The International Criminal Court, Sara L. Ochs
Michigan Journal of International Law
Propaganda warfare, while novel in nomenclature, is far from new in practice. In an era dominated by constant news, battles for public opinion complement physical attacks. In fact, “winning modern wars is as much dependent on carrying domestic and international public opinion as it is on defeating the enemy on the battlefield.” The fight for public opinion has become so valuable to military initiatives that the U.S. Department of Defense Law of War Manual specifically recognizes propaganda directed towards “civilian or neutral audiences” as a “permissible means of war.”
Justice Delayed, Justice Denied? The Search For Accountability For Alleged Wartime Atrocities Committed In Sri Lanka, Aloka Wanigasuriya
Justice Delayed, Justice Denied? The Search For Accountability For Alleged Wartime Atrocities Committed In Sri Lanka, Aloka Wanigasuriya
Pace International Law Review
During the final stages of its nearly three-decades-long civil war in 2009, Sri Lanka attracted considerable international attention due to the allegations of international crimes that were said to have been committed both by the Sri Lankan government Armed Forces, the Guerilla Force, and the Liberation Tigers of Tamil Eelam (LTTE). According to United Nations (UN) experts, an estimated 40,000 civilians were killed during the final offensive, which lasted from January to May 2009. However, the Sri Lankan government has set this figure at 9,000 with no civilian casualties. Several UN bodies found credible allegations that international crimes were committed …
Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced, Richard Perez
Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced, Richard Perez
University of Miami Inter-American Law Review
No abstract provided.
Sexual Slavery As A War Crime: A Reform Proposal, Alessandro Storchi
Sexual Slavery As A War Crime: A Reform Proposal, Alessandro Storchi
Michigan Journal of International Law
For the first time in the history of international criminal law, the ICC Elements of Crimes included a statutory definition of sexual slavery as a war crime and as a crime against humanity. Such definition is derived from, and in fact almost identical to, the definition of enslavement in the same text. In July 2019, that language for the first time was adopted and applied in the conviction of general Bosco Ntaganda, the first ever conviction for sexual slavery as a war crime and as a crime against humanity at the ICC, as part of the situation in the Democratic …
On Command, Diane Marie Amann
On Command, Diane Marie Amann
Scholarly Works
By reference to the Lieber Code and other sources, this essay emphasizes the history of responsibility underlying the doctrine of command responsibility, and further criticizes developments that seem to have intermingled that doctrine with what are called “modes of liability. The essay urges that consideration of commander responsibility stand apart from other such “modes,” and cautions against a jurisprudence that raises the risk that, before fora like the International Criminal Court, no one can be held to account. It appears in a symposium issue exploring a 2020 Cambridge University Press book by Darryl Robinson, Justice in Extreme Cases: Criminal Law …
Rehabilitating Charge Bargaining, Nancy Amoury Combs
Rehabilitating Charge Bargaining, Nancy Amoury Combs
Faculty Publications
Nobody likes plea bargaining. Scholars worldwide have excoriated the practice, calling it coercive and unjust, among other pejorative adjectives. Despite its unpopularity, plea bargaining constitutes a central component of the American criminal justice system, and the United States has exported the practice to a host of countries worldwide. Indeed, plea bargaining has even appeared at international criminal tribunals, created to prosecute genocide and crimes against humanity--the gravest crimes known to humankind. Although all forms of plea bargaining are unpopular, commentators reserve their harshest criticism for charge bargaining because charge bargaining is said to distort the factual basis of the defendant's …
International Criminal Responsibility Of The Individual: A Quantum Leap For Man’S Humanity, Giovanni Distefano
International Criminal Responsibility Of The Individual: A Quantum Leap For Man’S Humanity, Giovanni Distefano
UAEU Law Journal
Properly speaking, international criminal responsibility is not a new chapter of public international law, but rather the recent revival of an old chapter of the Law of Nations. In the recent past, we have seen the emergence of ad hoc international criminal tribunals that is with a limited competence, as established in their statutes.[1] Instead, today’s International Criminal Court enjoys, within its statutory (treaty) limits, a general jurisdiction; it is thus a permanent organ of a general character, mirroring the ICJ in matters of international criminal law. It will also be in charge of the international criminal responsibility of …
The International Criminal Court And The Security Council: Ten Years Of Coexistence Or Conflict?, Mohamed Hasan Alqassimi
The International Criminal Court And The Security Council: Ten Years Of Coexistence Or Conflict?, Mohamed Hasan Alqassimi
UAEU Law Journal
The important role that was hoped to be done by the International Criminal Court requires us to look at the actual practice it has undertaken during the last ten years, and assess the extent to which it had managed to live up to the expectations that were prevalent when it was established, particularly, its role in eliminating the idea of immunity and impunity punishment, which has long been an obstacle to the development of the international criminal system. This paper mainly evaluates the work of the International Criminal Court, particularly in determining the scope of its relationship to the UN …
A False Messiah? The Icc In Israel/Palestine And The Limits Of International Criminal Justice, Jeremie Bracka
A False Messiah? The Icc In Israel/Palestine And The Limits Of International Criminal Justice, Jeremie Bracka
Vanderbilt Journal of Transnational Law
This Article challenges the International Criminal Court’s (ICC) quasi-messianic mandate in the Middle-East. It casts doubt over the legal basis and desirability of an ICC intervention in the situation of Palestine. Despite the prosecutor’s formal opening of an investigation in 2021, there exist formidable obstacles to exercising jurisdiction over Gaza and the Israeli settlements. The Office of the Prosecutor (OTP) faces an uphill battle based on complex territorial and temporal dimensions. Indeed, the admissibility hurdles at the ICC of Palestinian statehood, complementarity, gravity and the interests of justice merit close inquiry. This Article also challenges the ICC as an ideal …
Justice Without Fear Or Favour? The Uncertain Future Of The International Criminal Court, Leila Nadya Sadat
Justice Without Fear Or Favour? The Uncertain Future Of The International Criminal Court, Leila Nadya Sadat
Scholarship@WashULaw
This essay traces the history of the International Criminal Court from its establishment in 1998 until the current day. It briefly surveys the history of the Court’s founding and evokes many of its current challenges and innovative aspects of its jurisprudence, particularly regarding jurisdiction, immunities, and admissibility, including decisions relating to the Situations in Afghanistan, Bangladesh/Myanmar, Libya, Palestine, and Sudan. As the essay notes, although many challenges have emerged from internal difficulties the Court has faced or design elements of the Statute, external challenges arising from the geopolitical environment within which it operates exist as well. Despite these problems, which …
The Legal Legacy Of The Special Court For Sierra Leone: The Relationship Between The Court And The Sierra Leone Truth And Reconciliation Commission, Joseph Rikhof
FIU Law Review
No abstract provided.