Criminal Law Commons^™

Material Facts Not Pleaded In The Indictment, Jessica A. A. Levenberg

War Crimes Memoranda

No abstract provided.

Sentencing: An Assessment Of Rule 101 Of The Ictr Rules Of Procedure And Evidence, Federal Sentencing Laws In England, France And Other Countries As Well As In Prisoner-Receiving Countries, And The Kayishema/Ruzindana Judgement., Dora Kripapuri

War Crimes Memoranda

No abstract provided.

The Extent Of The Prosecutor’S Duty To Disclose Evidence In The Charge Of Genocide, Uma Arunachalam

War Crimes Memoranda

No abstract provided.

The Tu Quoque Defense, Stephanie Berlin

War Crimes Memoranda

No abstract provided.

Whether There Is A Duty For A Country To Take An Accused As A Political Refugee If His Request For Asylum Is Based On A Well-Founded Fear Of Persecution., Robert K. Mcandrews

War Crimes Memoranda

No abstract provided.

One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana R. Lehr-Lehnardt

Faculty Works

No abstract provided.

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

Michigan Journal of International Law

This Article argues that, for political reasons, the future of international criminal law enforcement will largely be at the domestic level. It anticipates the emergence of a community of courts-domestic, semi-internationalized, and supranational. A decentralized system of international criminal law enforcement may give pause for concern: How can such a system be regulated? How can uniformity and effectiveness be assured? It is the claim of this Article that, in a world in which information is power, the relationships between these courts-the exchange of information, ideas, and personnel-brings order and regularity to the system. These interdependent relationships are defined by the …

Treat Your Women Well: Comparisons And Lessons From An Imperfect Example Across The Waters, Rana R. Lehr-Lehnardt

Faculty Works

A young woman could not endure another night with the elderly man she was forced to marry, so she slipped out of the house and spent the night with the young man she had loved for years and desperately wanted to marry. When the woman's father learned of the illicit behavior, he entered the police station where she had sought refuge and fired four shots at her. He shed his daughter's blood to cleanse the family's honor. Jordan, 1999

A jealous husband returned home from an evening at the mosque and accused his pregnant wife of having an affair. The …

The Principle Of Complementarity: A New Machinery To Implement International Criminal Law, Mohamed M. El Zeidy

Michigan Journal of International Law

According to the doctrine of State sovereignty each State has the right to exercise its jurisdiction over crimes committed in its territory-known as the territoriality principle. Even if the crimes committed are of a type that affects the international community as a whole, States are often hesitant to have their own nationals tried by an international judicial organ. History demonstrates that States rarely waived this right, which is inherent to their sovereignties, and did not rely exclusively on international justice. Rather they always preferred to exercise their jurisdiction exclusively, and only occasionally, when coerced by special circumstances, have they accepted …

The War On Terrorism And The End Of Human Rights, David Luban

Georgetown Law Faculty Publications and Other Works

In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The War on Terrorism is a different proposition, however, and a different model of governmental action—not law but war. Most …

The International Criminal Court: A Contextual Study Of A Nascent Court Within The International Criminal Legal System, Ronald Ian Mackay Rennie

LLM Theses

The 'Rome Statute' of the International Criminal Court (ICC) represents an exciting and revolutionary development in the field of international law generally and international criminal law specifically. Unfortunately there are many ways in which academics, the media and political decision-makers misinterpret its intent and its nature. This thesis considers these traps and embarks upon an analysis of international criminal law by considering the content of the Statute and how it proceeds to establish an International Criminal Court, capable of bringing those most serious perpetrators to account. The subject matter of the ICC reveals a Court with a very limited jurisdiction, …

The Terrors Of Dealing With September 11th, Christopher L. Blakesley

Scholarly Works

No abstract provided.

Internationalised Criminal Trial And Access To Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

The influence of a human rights paradigm over the recent development of local and regional criminal justice concerns throughout Europe is indisputable. Essential to this is the commitment that crucial lay parties within the justice process (such as the accused and the victims) should have adequate access to common procedural protections of criminal justice. This paper takes this trend and measures its influence on the development of international criminal justice, the trial in particular. At the very least we argue that parallel concerns about fair trial in the international procedural context will endorse the importance of a fair trial paradigm …

Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson

Presentations

Panel discussion.

The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii

Vanderbilt Journal of Transnational Law

This Note argues that despite theoretical criticisms, the prosecution of rape and sexual enslavement as crimes against humanity, by the International Criminal Tribunal for the former Yugoslavia (ICTY) fits within a larger, emerging picture of international legal jurisprudence. First, the ICTY built upon both its own prior decisions and the decisions of the International Criminal Tribunal for Rwanda (ICTR), especially Prosecutor v. Akayesu, in order to close gaps in the international legal conceptualizations of rape and enslavement, torture, war crimes, genocide and crimes against humanity. Second, building upon the example set by the ICTR, the ICTY broadened international protections of …

The International And Comparative Criminal Trial Project, Mark Findlay

Research Collection Yong Pung How School Of Law

The International Criminal Trial Project (ICTP) has been in operation within the Centre for Legal Research (CLR), Nottingham Law school since January 2000. To date the project has succeeded in establishing a global network of scholars researching international and comparative criminal justice. The ICTP examines and compares trial processes and practice in a variety of local, regional and global contexts. The research incorporates particular evaluations of issues and relationships essential to the operation of trial process in different jurisdictions and stages of development. From the focus on the trial the project is producing knowledge about international and comparative criminal justice. …

Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone

Faculty Publications

No abstract provided.

Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant

The Journal of Appellate Practice and Process

The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda are international tribunals that are developing and remaking much of international humanitarian law. The courts double as trial and appellate courts. Each court has jurisdiction over events that occurred in a specific area during a specific time period. The courts have an unusual appellate structure. These unique Appellate Chambers review important trial decisions that deal with genocide, crimes against humanity, and war crimes.

Trends. Human Rights And Politics: The Wrong Argument Against The International Criminal Court, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the International Criminal Court, or ICC. At issue is the contention that the ICC has been used primarily as a political tool for settling vendettas against the governments of nation-states and/or the leaders of these states instead of furthering human rights through adjudicating allegations of genocide, crimes against humanity, and war crimes.

The Newness Of New Technology, Monroe E. Price

Cardozo Law Review

No abstract provided.

Ever The Twain Shall Meet, Fred S. Mcchesney

Michigan Law Review

Instinctively, corruption is deplorable. Nobody likes private citizens paying governmental officials for special favors. Few have deplored corruption longer or in greater detail than economist Susan Rose-Ackerman. In Corruption and Government, Professor Rose-Ackerman discusses how corruption starts ("causes"), why it is bad ("consequences"), and how to stop it ("reform"), principally from an economic perspective. Professor Rose-Ackerman's interest in corruption derives partly from her outside work with international agencies, especially time spent at the World Bank - "a transformative experience" (p. xi). Her twenty-two page bibliography ranges across sources in economics and politics, plus many documents from the World Bank and …

Chinese Population Transfer In Tibet, John S. Hall

Cardozo Journal of International and Comparative Law

The note examines the impact of China's population transfer policies in Tibet since the 1950 invasion, arguing that these policies have led to the marginalization of Tibetans, significant environmental degradation, and human rights abuses. It explores various legal and diplomatic strategies to address these issues, including the Dalai Lama's Five Point Plan, human rights law, environmental law, and international negotiations.

Which Of The Preparatory Commission's Latest Proposals For The Definition Of The Crime Of Aggression And The Exercise Of Jurisdiction Should Be Adopted Into The Rome Statute Of The International Criminal Court?, Rachel Peirce

Brigham Young University Journal of Public Law

No abstract provided.

The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant

Scholarly Articles

Two international criminal tribunals are developing and remaking much of international humanitarian law—the law of genocide, crimes against humanity, and war crimes. These are the International Criminal Tribunal for the Former Yugoslavia (“ICTY”)and the International Criminal Tribunal for Rwanda (“ICTR”).

For the first time, appellate practice and procedure have become vital to the development of international humanitarian law. These two ad hoc Tribunals have substantial appellate as well as trial jurisdiction. In this, they are quite different from their historic predecessors, the International Military Tribunals at Nuremberg and Tokyo following World War II, which had no appellate jurisdiction or appellate …

Negotiating An Institution For The Twenty-First Century: Multilateral Diplomacy And The International Criminal Court, Valerie Oosterveld

Law Publications

The authors review the decades of discussion and years of negotiation that led to the adoption of the Statute of the International Criminal Court in 1998. By placing the creation of the International Criminal Court in its historical context, they emphasize the significance of the statute and the Court for international law. The lecture discusses various provisions of the statute, highlighting controversial aspects such as the jurisdiction of the Court and the crime of aggression. The statute reflects the compromises struck throughout the negotiations, compromises that are a necessary part of multilateral diplomacy. Though it was not possible to reconcile …

News From The International Criminal Tribunals, Cecile E.M. Meijer

Human Rights Brief

No abstract provided.

News From The International Criminal Tribunals , Cecile E.M. Meijer, Amardeep Singh

Human Rights Brief

No abstract provided.

News From The International Criminal Tribunals , Alexandra L. Wisotsky, Kelly D. Askin

Human Rights Brief

No abstract provided.