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Full-Text Articles in Law

Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody Jul 2019

Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody

Karen Woody

In the wake of increasing globalization over the past fifty years, international criminal law has transformed from a toothless shadow into a concrete reality; the International Criminal Court is the most recent and impressive institutional accomplishment. Unfortunately, international criminal law has enjoyed this progress on the heels of increasingly horrific international crimes. International adjudicatory institutions have taken many forms and the sentences they deliver have varied widely. In Atrocity, Punishment, and International Law, Mark Drumbl reviews the strides made in international criminal law from the Nuremberg trials through present-day trials, particularly those related to the crimes committed in Rwanda and …


The Combatant's Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin Aug 2016

The Combatant's Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin

Jens David Ohlin

Do Autonomous Weapon Systems (AWS) qualify as moral or rational agents? This paper argues that combatants on the battlefield are required by the demands of behavior interpretation to approach a sophisticated AWS with the “Combatant’s Stance” — the ascription of mental states required to understand the system’s strategic behavior on the battlefield. However, the fact that an AWS must be engaged with the combatant’s stance does not entail that other persons are relieved of criminal or moral responsibility for war crimes committed by autonomous weapons. This article argues that military commanders can and should be held responsible for perpetrating war …


Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza Aug 2015

Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza

Naomi Roht-Arriaza

Some of the tasks needed to be done by legal scholars and advocates to combat impunity in cases of massive violations of human rights are discussed. Pathways for implementation of these ideas are many and overlapping.


Human Rights Module: On Crimes Against Humanity, Genocide, Other Crimes Against Human Rights, And War Crimes, Jimmy Gurule, Jordan Paust Jun 2015

Human Rights Module: On Crimes Against Humanity, Genocide, Other Crimes Against Human Rights, And War Crimes, Jimmy Gurule, Jordan Paust

Jimmy Gurule

The Human Rights Module provides an up-to-date exploration of the "core" international crimes most often associated with human rights infractions for those interested in human rights and for use in international law courses, human rights courses, or seminars. "Core" crimes include crimes against humanity, genocide, other crimes against human rights (such as torture, criminalized race discrimination, apartheid, hostage-taking, and disappearances), and war crimes. There is also a separate chapter on sanctions against Karadzic that applies many of the core crimes in both criminal and civil sanctions arenas (before the International Criminal Tribunal for former Yugoslavia and the U.S. federal courts) …


Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel Nov 2013

Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel

Douglass Cassel

No abstract provided.


Accountability For Property Crimes And Environmental War Crimes: Prosecution, Litigation, And Development, Mark A. Drumbl Apr 2013

Accountability For Property Crimes And Environmental War Crimes: Prosecution, Litigation, And Development, Mark A. Drumbl

Mark A. Drumbl

None available.


The Push To Criminalize Aggression: Something Lost Amid The Gains?, Mark A. Drumbl Jan 2013

The Push To Criminalize Aggression: Something Lost Amid The Gains?, Mark A. Drumbl

Mark A. Drumbl

The International Criminal Court has jurisdiction over the crime of aggression, but the Rome Statute fails to define the crime. A Special Work- ing Group on the Crime of Aggression, however, has made considerable progress in developing a definition. The consensus that has emerged favors a narrow definition. Three characteristics animate this consensus: (1) that state action is central to the crime; (2) that acts of aggression involve inter- state armed conflict; and (3) that criminal responsibility attaches only to very top political or military leaders. This Article normatively challenges this consensus. I argue that expanding the scope of the …


The Gravity Threshold Of The International Criminal Court, Susana Sácouto, Katherine A. Cleary Apr 2012

The Gravity Threshold Of The International Criminal Court, Susana Sácouto, Katherine A. Cleary

Susana L. SáCouto

From its inception, the world's first permanent International Criminal Court ("ICC" or "Court") was envisioned as a body that would preside over only those cases of most serious concern to the international community as a whole. Thus, the Court's subject matter jurisdiction is limited to the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. Moreover, Article 17(1)(d) of the Rome Statute provides that the Court shall determine that a case is inadmissible where the case is not of sufficient gravity to justify further action by the Court. This so-called "gravity threshold" has played a …