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- Criminal (12)
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- ECCC (6)
- War crimes--Yemen (6)
- Constitutional Law (5)
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- International Criminal Court (5)
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- Burden of proof--international criminal tribunals (2)
- Complementrity and Security Council referrals and International Criminal Court (2)
- Complementrity--International Criminal Court (2)
- Confessions (2)
- Crimes against humanity (2)
- Ecocide (2)
- Elimination of Buddhist leadership as genocide (2)
- Extradition and piracy and Seychelles (2)
- Extraordinary Chambers for the Courts of Cambodia (2)
- International Criminal Law (2)
- Iraqi High Tribunal (2)
- Jurisdiction--international criminal courts (2)
- Juvenile (2)
- Legitimacy--Iraqi Special Tribunal (2)
- Lockerbie Model and proposed Extraterritorial Somali Anti-Piracy Court (2)
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Articles 1 - 30 of 350
Full-Text Articles in Criminal Law
Torture And The Yemen Civil War, Case Western Reserve University School Of Law
Torture And The Yemen Civil War, Case Western Reserve University School Of Law
Yemen Accountability Project (YAP)
No abstract provided.
From One Prison To Another: The Inordinate Criminalization Of Women Who Kill Abusive Partners And A Proposed U.N. Response, Annalie Buscarino
From One Prison To Another: The Inordinate Criminalization Of Women Who Kill Abusive Partners And A Proposed U.N. Response, Annalie Buscarino
Case Western Reserve Journal of International Law
Paradoxically, criminal justice systems around the world punish women who kill abusive partners with inordinate sentences despite explicitly recognizing the victimization that led them to homicide. This Note examines how universally entrenched gender stereotypes lead to such overcriminalization and amount to a violation of women’s rights to equality before the law. This Note then proposes a U.N. resolution offering guidelines for criminal justice systems to craft appropriate judicial responses to women’s survival strategies.
Uncovering Spain's Lost Victims: Can The Continuing Crimes Doctrine Expand The Jurisdiction Of The International Criminal Court?, Kaitlyn Booher
Uncovering Spain's Lost Victims: Can The Continuing Crimes Doctrine Expand The Jurisdiction Of The International Criminal Court?, Kaitlyn Booher
Case Western Reserve Journal of International Law
Throughout Spain’s transition years (1975-1985), the country has maintained an “agreement to forget” and consequently failed to prosecute any perpetrators of crimes during the Franco dictatorship. This Note examines Franco-era forced disappearances in Spain and argues that the ICC has ratione temporis jurisdiction to investigate and prosecute perpetrators under the application of the continuing crimes doctrine, which is consistent with the principle of nullum crimen sine lege. (Abstract from author.)
Gender-Based Violence And The Yemen Civil War, Case Western Reserve University School Of Law
Gender-Based Violence And The Yemen Civil War, Case Western Reserve University School Of Law
Yemen Accountability Project (YAP)
No abstract provided.
"Other Inhumane Acts Of A Similar Character Intentionally Causing Great Suffering." Does Ecocide Fit Within The Bounds Of Crimes Against Humanity, Amanda Price
Case Western Reserve Journal of International Law
No abstract provided.
Crimes Against The Environment, Ecocide, And The International Criminal Court, Milena Sterio
Crimes Against The Environment, Ecocide, And The International Criminal Court, Milena Sterio
Case Western Reserve Journal of International Law
Ecocide as well as other crimes against the environment have become a feature of warfare, as exemplified in the Russian invasion of Ukraine and the devastating environmental harm caused as a result. As this Paper has described, significant obstacles remain associated with the ICC’s ability to prosecute environmental crimes, either as war crimes or crimes against humanity. (Abstrast excerpted from article's Conclusion.)
The Reckless Tolerance Of Unsafe Autonomous Vehicle Testing: Uber's Culpability For The Criminal Offense Of Negligent Homicide, Helen Stamp
Journal of Law, Technology, & the Internet
When Elaine Herzberg was struck and killed by an Uber autonomous vehicle on a public road in Arizona in 2018, sole criminal responsibility fell on the Uber employee operating the vehicle. Uber escaped all criminal accountability despite evidence of flawed vehicle technology and Uber’s non-existent safety culture. This lack of accountability is confronting given that legislators and courts in Arizona, and in other States, have consistently supported criminal sanctions for corporations who are culpable for the offense of negligent homicide.
The criminal proceedings against the Uber vehicle operator were settled in July 2023, closing off the court’s ability to consider …
Yemen's Youngest Victims: The Yemen Civil War's Toll On Children, Case Western Reserve University School Of Law
Yemen's Youngest Victims: The Yemen Civil War's Toll On Children, Case Western Reserve University School Of Law
Yemen Accountability Project (YAP)
No abstract provided.
Ukraine's Push To Prosecute Aggression: Implications For Immunity Ratione Personae And The Crime Of Aggression, Rebecca Hamilton
Ukraine's Push To Prosecute Aggression: Implications For Immunity Ratione Personae And The Crime Of Aggression, Rebecca Hamilton
Case Western Reserve Journal of International Law
No abstract provided.
The War In Ukraine: A Case Study In Modern Atrocity Crimes Documentation, Dr. Paul R. Williams, Nicole Carle
The War In Ukraine: A Case Study In Modern Atrocity Crimes Documentation, Dr. Paul R. Williams, Nicole Carle
Case Western Reserve Journal of International Law
No abstract provided.
Prosecuting Atrocities Committed In Ukraine: A New Era For Universal Jurisdiction?, Yvonne M. Dutton
Prosecuting Atrocities Committed In Ukraine: A New Era For Universal Jurisdiction?, Yvonne M. Dutton
Case Western Reserve Journal of International Law
No abstract provided.
The Ukraine Crisis And The Future Of International Courts And Tribunals, Milena Sterio
The Ukraine Crisis And The Future Of International Courts And Tribunals, Milena Sterio
Case Western Reserve Journal of International Law
No abstract provided.
Prosecuting Russian Leaders For War Crimes (Oct. 24, 2021 Broadcast), Talking Foreign Policy
Prosecuting Russian Leaders For War Crimes (Oct. 24, 2021 Broadcast), Talking Foreign Policy
Case Western Reserve Journal of International Law
No abstract provided.
Cultural Property: Building The Case For Prosecuting The Destruction Of Cultural Property In Yemen, Case Western Reserve University School Of Law
Cultural Property: Building The Case For Prosecuting The Destruction Of Cultural Property In Yemen, Case Western Reserve University School Of Law
Yemen Accountability Project (YAP)
No abstract provided.
Starvation: Building The Case For Prosecuting Starvation Crimes In Yemen, Case Western Reserve University School Of Law
Starvation: Building The Case For Prosecuting Starvation Crimes In Yemen, Case Western Reserve University School Of Law
Yemen Accountability Project (YAP)
No abstract provided.
Aiding & Abetting: Holding States, Corporations, And Individuals Accountable For War Crimes In Yemen, Case Western Reserve University School Of Law
Aiding & Abetting: Holding States, Corporations, And Individuals Accountable For War Crimes In Yemen, Case Western Reserve University School Of Law
Yemen Accountability Project (YAP)
No abstract provided.
Convert Or Die Policies As A Form Of Mental Harm Genocide Specifically Addressing The Argument That Convert Or Die Policies Are Acts Committed In Whole Or In Part To Destroy A Religious Group By Causing Mental Harm To Members Of The Religious Group., Ananya Mallavarapu
War Crimes Memoranda
No abstract provided.
Do International Criminal Tribunals Have A Deterrent Effect On Human Rights Abuses?, Rachel Lehr
Do International Criminal Tribunals Have A Deterrent Effect On Human Rights Abuses?, Rachel Lehr
War Crimes Memoranda
No abstract provided.
Modes Of Liability, Cumulative Convictions, And Charging Language, Ankita Channarasappa
Modes Of Liability, Cumulative Convictions, And Charging Language, Ankita Channarasappa
War Crimes Memoranda
No abstract provided.
The Legal Authority Of Ice Breaking On The Great Lakes Between The United States Coast Guard And The Canadian Coast Guard, The Implications Of The Ice Breaking Services Fee By The Ccg, And The Potential Liability Of Canadian Criminal Code Section 263 On The Uscg, Jason Edward Stafford
War Crimes Memoranda
No abstract provided.
Standard Of Review For Evaluating Post-Conviction Requests For Review, Morgan E. Austin
Standard Of Review For Evaluating Post-Conviction Requests For Review, Morgan E. Austin
War Crimes Memoranda
No abstract provided.
The Level Of Proof Required To Indict A Person And Send Them To Trial At The Extraordinary Chambers In The Courts Of Cambodia Specifically Addressing The Levels Of Proof To Indict A Person Of France And Other International Criminal Courts, Also Analysing The Statutes, Documents And Jurispurdiction Of The Eccc To Draw A Conclusion, Xiong Shi
War Crimes Memoranda
No abstract provided.
What Would Be The Legal And Political Ramifications If The Un Decided To Stop Funding The Eccc Prior To The Current Investigations And Trials Being Finalized? Assess The Ramifications In The Cambodian And International Context., Stephanie M. Farah
War Crimes Memoranda
No abstract provided.
In International Criminal Law Does The Prosecutor Have A Responsibility To Ensure That The Facts Forming The Historical Context In Which Large-Scale Human Rights Abuses Occurred Are Adjudicated At Trial? Why Or Why Not?, Tyler Portner
War Crimes Memoranda
No abstract provided.
Whether The Adoption Of Civil Criminal Justice System As Opposed To The Common Law Criminal Justice System In Eccc Is A Correct Decision. Specifically Addressing The Pros And Cons Of Both Legal Systems, Lulu Jing
War Crimes Memoranda
No abstract provided.
Is The Eccc’S Supreme Court Chamber’S Conception Of A Common Criminal Plan In The Case 002/01 Appeal Judgment Supported By Customary International Law? Specifically Addressing The Arguments Surrounding The Supreme Court Chamber’S Rejection Of The Existence Of Jce3 And Whether Post World War Ii Jurisprudence Establishes The Existence Of Jce3 In Customary International Law., Jordan Elizabeth Dinsmore
War Crimes Memoranda
No abstract provided.
Drawing An Adverse Interest Against The Accused For Refusal To Answer Questions, Emily Sherwood
Drawing An Adverse Interest Against The Accused For Refusal To Answer Questions, Emily Sherwood
War Crimes Memoranda
No abstract provided.
Scope Of A Prosecutor’S Duty To Disclose Impeachment Evidence Under Rules For Courts-Martial 701(A)(6), Lauren Tuttle
Scope Of A Prosecutor’S Duty To Disclose Impeachment Evidence Under Rules For Courts-Martial 701(A)(6), Lauren Tuttle
War Crimes Memoranda
No abstract provided.
Federal Preemption On Michigan State's Authority Enacting Law Concerning Ballast Water Discharge In The Great Lake, Mengxue Xie
Federal Preemption On Michigan State's Authority Enacting Law Concerning Ballast Water Discharge In The Great Lake, Mengxue Xie
War Crimes Memoranda
No abstract provided.
Practice Regarding Motions For Acquittal At The Close Of Evidence For The Prosecution. Specifically An Overview Of The Law And Practice Of The International Criminal Tribunals Regarding Motions For Judgment Of Acquittal At The Close Of The Prosecution Case, The Legal Standards Applied By The Other Tribunals That Also Provide For Such Motions, As Well As In The Practice Adopted, Including Whether The Practice Involves Full Briefing By The Parties Or Just Oral Argument., Daniel Joseph Carravallah
War Crimes Memoranda
No abstract provided.