Law Commons^™

Roadblocks Of Retribution: The Problems With Internationalized Criminal Tribunals As A Mechanism For Reconciliation, Elizabeth Anne Weinman

Senior Theses

Since their inception, scholars have questioned the efficacy of internationalized criminal tribunals, or ICTs. ICTs are a tool for the international community to deal with and punish perpetrators of atrocities. More recent ad hoc (or ‘as needed’) tribunals, such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Court for Sierra Leone (SCSL) also stated goals beyond the retributive justice of punishment; they sought to promote reconciliation. I examined why these courts were ultimately unable to promote reconciliation. Through an analysis of the histories, formation, and implementation of the ICTY and SCSL, I found that these …

Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron

CMC Senior Theses

The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, …

Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, Carolyn Helen Filteau

PhD Dissertations

The dissertation involves a study of the emerging international norm of ‘The Responsibility to Protect’ which states that citizens must be protected in cases of human atrocities, war crimes, ethnic cleansing and genocide where states have failed or are unable to do so. According to the work of the International Commission on the Responsibility to Protect (ICISS), this response can and should span a continuum involving prevention, a response to the violence, when and if necessary, and ultimately rebuilding shattered societies. The most controversial aspect, however, is that of forceful intervention and much of the thesis focuses on this aspect. …

Genocide: Emotional Adjective Or Legal Term: Public Misunderstanding And The Expedient And Effective Implementation Of International Criminal Law, Ida Rose Nininger

Undergraduate Honors Thesis Collection

This paper will explain the significance of the term of “genocide” beginning with Lemkin’s inception and intent, and the Nuremberg Tribunals that set forth the concrete points from which international criminal law, including genocide, would evolve. I will continue to the first, and current authoritative legal definition of genocide as set forth in the Convention on the Prevention and Punishment of the Crime of Genocide and the obligations therein of states party. I will explain the norms thereafter established by tribunals and courts prosecuting genocide, the Rome Statute of the International Criminal Court and its significance for the international community, …

Dissertation On The Prosecution And The Trial Of Heads Of State Under International Law: The Case Of Slobodan Milosevic And Charles Ghankay Taylor, Julia A. Shilunga

Theses and Dissertations

In the past, the responsibility of head of State and of Government was national competence. There were no international rules which established their responsibilities in international law. If they committed crimes, this remained exclusively the matter of the State and if there was the responsibility for the wrong behavior, it was the responsibility of the States themselves and not of the leaders as persons.

It was only very slowly that the State leaders started to be called to responsibility. One of the first attempts, which failed, was the 1919 Treaty of Versailles which wanted to prosecute the German Emperor. The …