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Articles 1501 - 1530 of 2242
Full-Text Articles in Criminal Law
For Love Of Country And International Criminal Law, Zeid Ra'ad Zeid Al-Hussein
For Love Of Country And International Criminal Law, Zeid Ra'ad Zeid Al-Hussein
American University International Law Review
No abstract provided.
For Love Of Country And International Criminal Law, Further Reflections, David Scheffer
For Love Of Country And International Criminal Law, Further Reflections, David Scheffer
American University International Law Review
No abstract provided.
Commentary: International Prosecution Of Heads Of State For Genocide, War Crimes, And Crimes Against Humanity, 43 J. Marshall L. Rev. Xxv (2009), Hans Corell
UIC Law Review
No abstract provided.
Book Review, Kavita Kapur
Structural Human Rights Violations: The True Face Of Mexico’S War On Crime, Stephanie Erin Brewer
Structural Human Rights Violations: The True Face Of Mexico’S War On Crime, Stephanie Erin Brewer
Human Rights Brief
No abstract provided.
Defending International Sentencing: Past Criticism To The Promise Of The Icc, Marisa R. Bassett
Defending International Sentencing: Past Criticism To The Promise Of The Icc, Marisa R. Bassett
Human Rights Brief
No abstract provided.
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Kara Karlson, Jennifer Goldsmith, Laura Jarvis, Megan Chapman
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Kara Karlson, Jennifer Goldsmith, Laura Jarvis, Megan Chapman
Human Rights Brief
No abstract provided.
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Ellie Stevenson, Jenn Goldsmith, Peter Tran, Alexia Brooks, Katherine Anne Cleary
Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Ellie Stevenson, Jenn Goldsmith, Peter Tran, Alexia Brooks, Katherine Anne Cleary
Human Rights Brief
No abstract provided.
Updates From The International And Internationalized Criminal Courts, Cyrena Khoury, Shubra Ohri, Sharon Mills, Amanda Chace, Aileen Thomson, Rebecca Williams, Sarah Steinfeld, Katherine Anne Cleary
Updates From The International And Internationalized Criminal Courts, Cyrena Khoury, Shubra Ohri, Sharon Mills, Amanda Chace, Aileen Thomson, Rebecca Williams, Sarah Steinfeld, Katherine Anne Cleary
Human Rights Brief
No abstract provided.
Corrupt Conditions Surrounding The Eccc And Their Effect On Judicial Decision-Making And The Appearance Of Fairness, Michael A. Kertesz
Corrupt Conditions Surrounding The Eccc And Their Effect On Judicial Decision-Making And The Appearance Of Fairness, Michael A. Kertesz
War Crimes Memoranda
No abstract provided.
Can The Systematic Elimination Of Buddhist Leadership Along With A Ban On That Religion And Destruction Of Pagodas Be Used To Charge Genocide Against Khmer Rouge Leaders?, Stephen Ellsesser
Can The Systematic Elimination Of Buddhist Leadership Along With A Ban On That Religion And Destruction Of Pagodas Be Used To Charge Genocide Against Khmer Rouge Leaders?, Stephen Ellsesser
War Crimes Memoranda
No abstract provided.
Can The Systematic Elimination Of Cambodian Citizens Identified As Vietnamese Sympathizers Be Grounds For Charging The Khmer Rouge With Genocide Of The Vietnamese National Group?, Adrienne Cavender
War Crimes Memoranda
No abstract provided.
Grounds For Challenging/Defending Tribunal’S Establishment And Jurisdiction What Are The Possible Legal Challenges Relating To The Establishment And Jurisdiction Of The Tribunal? How Can These Arguments Best Be Refuted?, Jacqueline C. Greene
War Crimes Memoranda
No abstract provided.
Under U.S. And Other Common Law Traditions, What Conditions Have To Be Met For That To Take Place? How Can Assets Be Released And Generally For What Purposes? How And To What Extent And Under What Conditions Can Assets Be Unfrozen?, Saini Sudnagunta
War Crimes Memoranda
No abstract provided.
What Are The Requirements For Appointment Of An Expert Under International Criminal Law And What Is The Law Regarding The Examination Of An In-House Expert?, Alex Buskirk
War Crimes Memoranda
No abstract provided.
What Are The Requirements Of Pleading Jce In An Indictment? What Are The Requirements Of Pleading Co-Perpetration In And Indictment Under The Icc Statute?, Gregory Scott Miao
What Are The Requirements Of Pleading Jce In An Indictment? What Are The Requirements Of Pleading Co-Perpetration In And Indictment Under The Icc Statute?, Gregory Scott Miao
War Crimes Memoranda
No abstract provided.
What Does International Human Rights/ International Criminal Tribunal Jurisprudence Say About Trials In Absentia?, Jason A. Greenglass
What Does International Human Rights/ International Criminal Tribunal Jurisprudence Say About Trials In Absentia?, Jason A. Greenglass
War Crimes Memoranda
No abstract provided.
Would An Accused Or A Witness Who Is A State Official Be Able To Claim Immunity From Before The Stl? If So, What Type Of Immunity And What Would The Consequences Of Such A Successful Claim Be?, Heather Ludwig
War Crimes Memoranda
No abstract provided.
The Issue As Presented To Me Is “Enforced Disappearance As A Crime Against Humanity (1975): Was Enforced Disappearance A Crime Against Humanity As Part Of Customary International Law In 1975?, Elisabeth Herron
War Crimes Memoranda
No abstract provided.
The Scope Of “Public Interest” As A Justification For Non-Disclosure Of Evidence By The Prosecution In International Tribunals And Domestic Courts, Geoff B. Mccarrell
The Scope Of “Public Interest” As A Justification For Non-Disclosure Of Evidence By The Prosecution In International Tribunals And Domestic Courts, Geoff B. Mccarrell
War Crimes Memoranda
No abstract provided.
International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan
International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan
NYLS Law Review
No abstract provided.
Book Review, Kenneth S. Gallant, The Principle Of Legality In International And Comparative Criminal Law (2009), Mark A. Drumbl
Book Review, Kenneth S. Gallant, The Principle Of Legality In International And Comparative Criminal Law (2009), Mark A. Drumbl
Scholarly Articles
Not available.
Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall
Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall
Michigan Journal of International Law
This Article embraces one of two contested understandings of what a failure to punish entails. On the first understanding, a military commander's failure to punish is construed solely as a dereliction of duty. Accordingly, his failure to punish constitutes a separate offense from the underlying atrocity that his troops have committed. The failure to punish is, then, a substantive offense in its own right. On a second understanding, for which I argue here, the failure to punish renders the commander criminally liable for the atrocity itself, even if he neither ordered nor even knew about the atrocity before its occurrence. …
Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin
Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article examines the U.K. and U.S. systems to determine what lessons, if any, the United States can learn from the United Kingdom's experience. Part I provides a background of the CCRC and the U.K. Court of Appeal, and describes how these two entities work in tandem with broad powers to investigate and correct miscarriages of justice in the United Kingdom. Part II takes an in-depth look at the Court of Appeal's decisions of CCRC referred cases and identifies five categories into which these decisions fall-- categories that exemplify the institutional mechanisms that facilitate review of miscarriages of justice. These …
No Way Out? The Question Of Unilateral Withdrawals Of Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd
No Way Out? The Question Of Unilateral Withdrawals Of Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd
Faculty Publications
Growing out of the authors' work for the International Criminal Court, which was sponsored by a grant from the Open Society Institute, No Way Out examines one of the most vexing legal questions facing the International Criminal Court - whether a State that has referred a case to the Court can subsequently withdraw its referral as part of a domestic peace agreement? The issue has arisen with respect to Uganda's interest in withdrawing its self-referral as part of a peace deal with the leaders of the Lord's Resistance Army. This article examines the Rome Statute, the drafting history, and the …
Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt
Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
In this Article, I take up a focused analysis of the Uganda prosecutions, considering both the interpretive dilemmas facing the Court and the efforts of Prosecutor Luis Moreno-Ocampo to address them. Part I provides a summary of events leading to the LRA arrest warrants and the recent peace negotiations. Part II turns to the text of the Rome Statute, with a focus on Article 19's framework for complementary jurisdiction and the Article 53 dictate that “interests of justice” may trump the admissibility of investigations and cases that otherwise meet all relevant statutory criteria. Although the ICC is structured to give …
International Law And The Torture Memos, Michael P. Scharf
International Law And The Torture Memos, Michael P. Scharf
Faculty Publications
This article explores the influence of international law in the evolution of the Bush Administration's policies toward detainees in the global war on terror. The detainee case study provides a modern lens for evaluating Jack Goldsmith and Eric Posner's hypothesis set forth in THE LIMITS OF INTERNATIONAL LAW that international law exerts no “compliance pull” on American policymakers in times of crisis.
Justice On The Ground: Can International Criminal Courts Strengthen Domestic Rule Of Law In Post-Conflict Societies?, Jane E. Stromseth
Justice On The Ground: Can International Criminal Courts Strengthen Domestic Rule Of Law In Post-Conflict Societies?, Jane E. Stromseth
Georgetown Law Faculty Publications and Other Works
The author examines how developments in international criminal law – including creation of the International Criminal Court and various hybrid tribunals – can have an impact on rule-of-law building efforts in post-conflict societies. Although trials of atrocity perpetrators primarily and appropriately focus on fairly trying the accused individuals, these processes also have a wider impact on public perceptions of justice and potentially can influence a society’s ability to embrace rule of law norms. The quality of outreach and capacity-building accompanying these trials may well have a decisive effect on whether these proceedings, on balance, strengthen or undermine public confidence in …
Towards A Unique Theory Of International Criminal Sentencing, Jens David Ohlin
Towards A Unique Theory Of International Criminal Sentencing, Jens David Ohlin
Cornell Law Faculty Publications
International criminal law currently lacks a robust procedure for sentencing convicted defendants. Legal scholars have already critiqued the sentencing procedures at the ad hoc tribunals, and the Rome Statute does little more than refer to the gravity of the offense and the individual circumstances of the criminal. No procedures are in place to guide judges in exercising their discretion in a matter that is arguably the most central aspect of international criminal law - punishment. This paper argues that the deficiency of sentencing procedures stems from a more fundamental theoretical deficiency - the lack of a unique theory of punishment …
Self-Representation In The International Arena: Removing A False Right Of Spectacle, Eugene Cerruti
Self-Representation In The International Arena: Removing A False Right Of Spectacle, Eugene Cerruti
Articles & Chapters
Recent historical scholarship has demonstrated that the practice of self-representation at common law was developed and promoted not to secure a valued right to the accused but rather to compromise the defendant’s ability to present an effective defense - by denying him an effective right to be represented by counsel. The Supreme Court in Faretta v. California stood this history on its head in order to read into the Sixth Amendment an implied right to self-representation equal to the now preeminent right to counsel. The Faretta doctrine was carelessly adopted yet has been resolutely defended by the Supreme Court, to …