Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 16 of 16
Full-Text Articles in Law
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers
Articles in Law Reviews & Other Academic Journals
On June 8, 2018, a majority of the Appeals Chamber of the International Criminal Court (ICC) reversed the conviction of former military commander Jean-Pierre Bemba for the crimes against humanity of rape and murder and the war crimes of rape, murder, and pillaging committed by his troops in the Central African Republic (CAR) between October 2002, and March 2003. The decision was clearly a disappointment for the victims of the crimes committed by Bemba’s troops, who have been waiting for more than fifteen years for a measure of justice. Significantly, the acquittal also means that sixteen years after the Rome …
Exploring The Intersections Between International And Domestic Justice Efforts, Susana Sacouto
Exploring The Intersections Between International And Domestic Justice Efforts, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Regulation 55 And The Rights Of The Accused At The International Criminal Courts, Susana Sacouto, Katherine Cleary Thompson
Regulation 55 And The Rights Of The Accused At The International Criminal Courts, Susana Sacouto, Katherine Cleary Thompson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Icc's Exit Problem, Rebecca Hamilton
The Icc's Exit Problem, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
The International Criminal Court (ICC) was never meant to supplant the domestic prosecution of international crimes. And yet the Court is now entering its second decade of operations in four African nations, with no plan for exit in sight. This Article identifies the looming need for the ICC to consider when and how to exit situations in which it is currently active. In addition to the normative concern that a failure to start planning for exit undercuts the Court’s placement within a system of complementarity, the need to consider exit is also driven by a financial imperative. The Court’s caseload …
Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson
Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Bosnia V. Serbia: Lessons From The Encounter Of The International Court Of Justice With The International Criminal Tribunal For The Former Yugoslavia, Rebecca Hamilton, Richard J. Goldstone
Bosnia V. Serbia: Lessons From The Encounter Of The International Court Of Justice With The International Criminal Tribunal For The Former Yugoslavia, Rebecca Hamilton, Richard J. Goldstone
Articles in Law Reviews & Other Academic Journals
This article uses the recent judgment of the ICJ in Bosnia v. Serbia to highlight the potential problems that arise when international courts have to adjudicate on overlapping situations. It describes the dispute between the ICJ and the ICTY on the appropriate legal standard for the attribution of state responsibility, and finds that the ICJ’s approach in this case suggests that those keen to minimize the fragmentation of international law between adjudicative bodies should not overlook the need for consistency within those bodies.With regard to fact finding, this article raises serious concerns about the manner in which the ICJ relied …
The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson
The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This 2007 article (based around an invited conference talk at Wayne State in early 2007) addresses risk assessment and cost benefit analysis as mechanisms in counterterrorism policy. It argues that although policy is often best pursued by agreeing to set aside deep foundational differences, in order to obtain a strategic plan for an activity such as counterterrorism, foundational differences must be addressed in order that policy not merely devolve into a policy minimalism that is always and damagingly tactical, never strategic, in order to avoid domestic democratic political conflict. The article takes risk assessment in counterterrorism, using cost benefit analysis, …
El Desarrollo Del Arbitraje Comercial Internacional: Sofisticacion O Complejdad, Horacio A. Grigera Naón
El Desarrollo Del Arbitraje Comercial Internacional: Sofisticacion O Complejdad, Horacio A. Grigera Naón
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher
Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Enforcement Of Arbitral Awards Issued By The Additional Facility Of The International Centre Of Settlement Of Investment Disputes (Icsid), Diane Orentlicher
Enforcement Of Arbitral Awards Issued By The Additional Facility Of The International Centre Of Settlement Of Investment Disputes (Icsid), Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman
International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman
Articles in Law Reviews & Other Academic Journals
No abstract provided.