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Articles 1 - 13 of 13

Full-Text Articles in Law

Human Rights & The International Criminal Court, John Shattuck, Valerie Epps, Hurst Hannon Sep 2003

Human Rights & The International Criminal Court, John Shattuck, Valerie Epps, Hurst Hannon

New England Journal of Public Policy

From the EPIIC Symposium at Tufts University. These articles speak about topics on war and the effects that the US government had on it, issues about war crimes, and human rights to name a few.


Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley Jul 2003

Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley

University of Miami Law Review

No abstract provided.


The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks Jun 2003

The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks

Michigan Law Review

The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …


We Must Not Make A Scarecrow Of The Law: A Legal Analysis Of The Israeli Policy Of Targeted Killings, Orna Ben-Naftali, Karen R. Michaeli Apr 2003

We Must Not Make A Scarecrow Of The Law: A Legal Analysis Of The Israeli Policy Of Targeted Killings, Orna Ben-Naftali, Karen R. Michaeli

Cornell International Law Journal

No abstract provided.


Defense Of Superior Orders Before Military Commissions, James B. Insco Apr 2003

Defense Of Superior Orders Before Military Commissions, James B. Insco

Duke Journal of Comparative & International Law

No abstract provided.


Passion And Nation: War, Crime, And Guilt In The Individual And The Collective, Steve Sheppard Jan 2003

Passion And Nation: War, Crime, And Guilt In The Individual And The Collective, Steve Sheppard

Steve Sheppard

Riffing off of George Fletcher's theory of Romanticism and war, the article reviews Fletcher's arguments, which received derisive reviews during the War against Iraq in 2003. The article takes Fletcher's approach seriously in considering the problem of war as a Romantic impulse, and the difficulties caused by that understanding. The article then derives arguments on the limits of the laws of war to apply to military actions against terrorism. The article considers the nature of collective guilt as a mitigating element in the crimes of one individual, and it considers the nature of non-state enemies in war. This last point …


Arresting War Criminals: Mission Creep Or Mission Impossible, David Scheffer Amb. Jan 2003

Arresting War Criminals: Mission Creep Or Mission Impossible, David Scheffer Amb.

Case Western Reserve Journal of International Law

No abstract provided.


Building The Historic Record: Reporting On War Crimes And International Trials, David Freudberg Jan 2003

Building The Historic Record: Reporting On War Crimes And International Trials, David Freudberg

Case Western Reserve Journal of International Law

No abstract provided.


Personal Reflections On Nuremberg, Henry T. King Jr. Jan 2003

Personal Reflections On Nuremberg, Henry T. King Jr.

Case Western Reserve Journal of International Law

No abstract provided.


Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley Jan 2003

Politicizing The Crime Against Humanity: The French Example, Vivian Grosswald Curran Jan 2003

Politicizing The Crime Against Humanity: The French Example, Vivian Grosswald Curran

Articles

The advantages of world adherence to universally acceptable standards of law and fundamental rights seemed apparent after the Second World War, as they had after the First. Their appeal seems ever greater and their advocates ever more persuasive today. The history of law provides evidence that caution may be in order, however, and that the human propensity to ignore what transpires under the surface of law threatens to dull and silence the ongoing self-examination and self-criticism required in perpetuity by the law if it is to be correlated with justice.

This Essay presents one side, the dark side, of the …


The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement, Paul R. Williams, Patricia Taft Jan 2003

The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement, Paul R. Williams, Patricia Taft

Case Western Reserve Journal of International Law

No abstract provided.


A View From The Trenches: The Special Court For Sierra Leone - The First Year, Bruce M. Mackay Jan 2003

A View From The Trenches: The Special Court For Sierra Leone - The First Year, Bruce M. Mackay

Case Western Reserve Journal of International Law

No abstract provided.