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Articles 1831 - 1860 of 2242

Full-Text Articles in Criminal Law

Rulemaking From The Bench: A Place For Minimalism At The Icty, Megan A. Fairlie Jan 2004

Rulemaking From The Bench: A Place For Minimalism At The Icty, Megan A. Fairlie

Faculty Publications

This article explores the ability of the International Criminal Tribunal for the former Yugoslavia to create and amend its own Rules of Procedure and Evidence. It also focuses on the manner in which the Tribunal addresses issues that arise, throughout the course of its proceedings, for which its statute and rules are silent. This article advances the theory that, when confronted with issues that are controversial, complex, or for which there is a lack of consensus among national legal systems or the Tribunal’s judiciary, the Court should simply decide the case before it rather that create broad and binding rules. …


Prosecutor V Radislav Krstić: Icty Authenticates Genocide At Srebrenica And Convicts For Aiding And Abetting, Mark Drumbl Jan 2004

Prosecutor V Radislav Krstić: Icty Authenticates Genocide At Srebrenica And Convicts For Aiding And Abetting, Mark Drumbl

Scholarly Articles

The Krstić Appeals Chamber decision makes two major contributions to international criminal law. It also provides a number of additional insights and clarifications. In this case note, I will critically examine the two major contributions. Firstly, Krstić authenticates that genocide was in fact perpetrated against the Bosnian Muslims of Srebrenica. This serves an important didactic purpose. Srebrenica is the only incidence of genocide the ICTY has found amidst the pervasive violence that roiled the former Yugoslavia. Secondly, Krstić narrows the scope of joint criminal enterprise as a mechanism to attribute individual criminal liability for acts perpetrated by groups acting collectively. …


Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld Jan 2004

Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld

Law Publications

This Article explores the advancement of the international crime of sexual slavery, from its initial inclusion in the Rome Statute of the International Criminal Court through further development in the delineation of the ICC's Elements of Crime document. This Article begins with a detailed exploration of the negotiation process that led to the inclusion of the crime of sexual slavery in the Rome Statute. The first Section describes the decision to include both sexual slavery and enforced prostitution as crimes, as well as the debate on listing sexual slavery as a crime separate from that of enslavement. Next, the Section …


Fighting Black Market And Oily Water: The Department Of Justice's National Initiatives To Combat Transnational Environmental Crime, Jim Rubin, Shata Stucky Jan 2004

Fighting Black Market And Oily Water: The Department Of Justice's National Initiatives To Combat Transnational Environmental Crime, Jim Rubin, Shata Stucky

Sustainable Development Law & Policy

No abstract provided.


Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov Jan 2004

Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov

UIC Law Review

No abstract provided.


Updates From The International Criminal Courts, Tejal Jesrani Jan 2004

Updates From The International Criminal Courts, Tejal Jesrani

Human Rights Brief

No abstract provided.


When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker Jan 2004

When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker

West Virginia Law Review

No abstract provided.


Corporate War Criminals And The International Criminal Court: Blood And Profits In The Democratic Republic Of Congo, Julia Graff Jan 2004

Corporate War Criminals And The International Criminal Court: Blood And Profits In The Democratic Republic Of Congo, Julia Graff

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Tejal Jesrani Jan 2004

Updates From The International Criminal Courts, Tejal Jesrani

Human Rights Brief

No abstract provided.


A Decade Of The Development Of Gender Crimes In International Courts And Tribunals: 1993 To 2003, Kelly D. Askin Jan 2004

A Decade Of The Development Of Gender Crimes In International Courts And Tribunals: 1993 To 2003, Kelly D. Askin

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Malissa Khumprakob, Tejal Jesrani, Mario Cava Jan 2004

Updates From The International Criminal Courts, Malissa Khumprakob, Tejal Jesrani, Mario Cava

Human Rights Brief

No abstract provided.


The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell Jan 2004

The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …


Is There A Basis For The Argument That The Detainees At Guantanamo Bay Are Entitled To Constitutional Protections?, Mark Pustay Jan 2004

Is There A Basis For The Argument That The Detainees At Guantanamo Bay Are Entitled To Constitutional Protections?, Mark Pustay

War Crimes Memoranda

No abstract provided.


The Icc Has Jurisdiction Where War Crimes, Crimes Against Humanity Or Genocide Are Committed Within The Territory Of A State Party. Can It Also Prosecute Those Who Plan Or Order Such Crimes, If They Do So Outside The Territory Of A State Party And If They Are Not Nationals Of A State Party?, Christa A. Grywalsky Jan 2004

The Icc Has Jurisdiction Where War Crimes, Crimes Against Humanity Or Genocide Are Committed Within The Territory Of A State Party. Can It Also Prosecute Those Who Plan Or Order Such Crimes, If They Do So Outside The Territory Of A State Party And If They Are Not Nationals Of A State Party?, Christa A. Grywalsky

War Crimes Memoranda

No abstract provided.


According To The Special Court Statute, What Are The Elements Of The Following Crimes: A) Collective Punishment; (Art. 3b) B) Terrorism; (Art. 3d), Marissa R. Ducca Jan 2004

According To The Special Court Statute, What Are The Elements Of The Following Crimes: A) Collective Punishment; (Art. 3b) B) Terrorism; (Art. 3d), Marissa R. Ducca

War Crimes Memoranda

No abstract provided.


At The Trial Of An Accused Person, Whether The Fact That A Judge Has Written Critically About That Accused Before He Came To Be Appointed As Judge Impugns The Competence, Independence And Impartiality Of The Tribunal Of Which That Judge Forms A Part, Gregory D. Metrick Jan 2004

At The Trial Of An Accused Person, Whether The Fact That A Judge Has Written Critically About That Accused Before He Came To Be Appointed As Judge Impugns The Competence, Independence And Impartiality Of The Tribunal Of Which That Judge Forms A Part, Gregory D. Metrick

War Crimes Memoranda

No abstract provided.


Did The Plenary Have The Power To Adopt Rule 11bis?, Vivian M. Hermiz Jan 2004

Did The Plenary Have The Power To Adopt Rule 11bis?, Vivian M. Hermiz

War Crimes Memoranda

No abstract provided.


Does The Conspiracy Charge On Our Current Charge Sheet For Hamdan Constitute A War Crime Of Other Crime Triable By Military Commission?, Pallavi Chintapalli Jan 2004

Does The Conspiracy Charge On Our Current Charge Sheet For Hamdan Constitute A War Crime Of Other Crime Triable By Military Commission?, Pallavi Chintapalli

War Crimes Memoranda

No abstract provided.


Forced Marriage As A Prosecutable Crime Against Humanity, Suzanne D. Mattler Jan 2004

Forced Marriage As A Prosecutable Crime Against Humanity, Suzanne D. Mattler

War Crimes Memoranda

No abstract provided.


Hazing And Initiation Rites As International War Crimes, John R. Tullio Jan 2004

Hazing And Initiation Rites As International War Crimes, John R. Tullio

War Crimes Memoranda

No abstract provided.


Is Incitement To Commit Genocide A Continuing Crime Such That Acts Committed Outside The Temporal Jurisdiction Of The Ictr Can Be Considered In Prosecuting An Accused?, Kam F. Siu Jan 2004

Is Incitement To Commit Genocide A Continuing Crime Such That Acts Committed Outside The Temporal Jurisdiction Of The Ictr Can Be Considered In Prosecuting An Accused?, Kam F. Siu

War Crimes Memoranda

No abstract provided.


Is There Authority For Allowing The Statement Of A Dead Witness As To The Acts And Conduct Of The Accused As Charged In The Indictment To Be Admitted In Evidence To The Ictr, Jonathan Luis-Lancho Van Balen Jan 2004

Is There Authority For Allowing The Statement Of A Dead Witness As To The Acts And Conduct Of The Accused As Charged In The Indictment To Be Admitted In Evidence To The Ictr, Jonathan Luis-Lancho Van Balen

War Crimes Memoranda

No abstract provided.


Joint Criminal Enterprise - What Is The Degree Of Participation Required For Conviction? An Exhaustive Memo Of The Jurisprudence On Joint Criminal Enterprise., Christopher J. Knezevic Jan 2004

Joint Criminal Enterprise - What Is The Degree Of Participation Required For Conviction? An Exhaustive Memo Of The Jurisprudence On Joint Criminal Enterprise., Christopher J. Knezevic

War Crimes Memoranda

No abstract provided.


The Effect Of The International Covenant Of Civil And Political Rights On The United States Of America, Monica E. Nussbaum Jan 2004

The Effect Of The International Covenant Of Civil And Political Rights On The United States Of America, Monica E. Nussbaum

War Crimes Memoranda

No abstract provided.


The Jurisdiction Of Military Commissions Over Those Captured On The Battlefield In Afghanistan And Then Moved To Guantanamo Bay Naval Base For Trial, Beau D. Hollowell Jan 2004

The Jurisdiction Of Military Commissions Over Those Captured On The Battlefield In Afghanistan And Then Moved To Guantanamo Bay Naval Base For Trial, Beau D. Hollowell

War Crimes Memoranda

No abstract provided.


The Legitimacy Of Article 4(B) And The Status Of Unamsil As Civilians Under The International Law Of Armed Conflict, Christopher M. Mclaughlin Jan 2004

The Legitimacy Of Article 4(B) And The Status Of Unamsil As Civilians Under The International Law Of Armed Conflict, Christopher M. Mclaughlin

War Crimes Memoranda

No abstract provided.


The Prosecutor’S Duty To Disclose Exculpatory Evidence To The Defense And The Method And Timing Of Such Disclosure, Matthew R. Roznovak Jan 2004

The Prosecutor’S Duty To Disclose Exculpatory Evidence To The Defense And The Method And Timing Of Such Disclosure, Matthew R. Roznovak

War Crimes Memoranda

No abstract provided.


The Reconcilability Of The Nahimana “Media Case” Decision For Direct And Public Incitement To Commit Genocide And Persecution As A Crime Against Humanity With U.S. Free Expression Law, Philip E. Hamilton Jan 2004

The Reconcilability Of The Nahimana “Media Case” Decision For Direct And Public Incitement To Commit Genocide And Persecution As A Crime Against Humanity With U.S. Free Expression Law, Philip E. Hamilton

War Crimes Memoranda

No abstract provided.


To What Extent Can The Special Court For Sierra Leone Constitutionally Issue An Exterritorial Subpoena To A Non-Resident Witness To Testify Before The Court, Lukas M. Grabiec Jan 2004

To What Extent Can The Special Court For Sierra Leone Constitutionally Issue An Exterritorial Subpoena To A Non-Resident Witness To Testify Before The Court, Lukas M. Grabiec

War Crimes Memoranda

No abstract provided.


Whether The Referrals To The Icc By Uganda And The Democratic Republic Of Congo Violate The Principle Of Complementarity, Andrea Telloni Jan 2004

Whether The Referrals To The Icc By Uganda And The Democratic Republic Of Congo Violate The Principle Of Complementarity, Andrea Telloni

War Crimes Memoranda

No abstract provided.