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Articles 61 - 71 of 71
Full-Text Articles in Criminal Law
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
International Criminal Courts And Fair Trials: Difficulties And Prospects, Jacob Katz Cogan
International Criminal Courts And Fair Trials: Difficulties And Prospects, Jacob Katz Cogan
Faculty Articles and Other Publications
The question "Can international criminal courts provide defendants with fair trials?" is one that has barely been posed, let alone answered. The realm of international criminal justice is distinguished from domestic criminal justice not simply because accountability and sovereignty weigh heavier in this context, but also because of the absence of an effective counterweight to check these interests. One approach to the fair trial issue focuses on the rights delineated in the tribunals' statutes, rules of procedure and evidence, and case law. A second approach to the problem of fair trials asks, instead, whether these international courts have the independence …
The Relationship Between The International Criminal Court And The International Community, Khaled M. Ahmed
The Relationship Between The International Criminal Court And The International Community, Khaled M. Ahmed
LLM Theses and Essays
Due to the fact that no work of this size could address every aspect of the Rome Statute, this study is limited to the provisions of Parts 2, 9, and 10 of the Rome Statute. These provisions cover all matters being on the relationship between the Court and states, in general, and especially the obligations of states parties under the Statute. The first chapter will examine the historical journey toward an international criminal court, beginning with World War I, continuing throughout the twentieth century and ending with the adoption of the Rome Statute in the Diplomatic Conference in Rome on …
The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States, Madeline Morris
The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States, Madeline Morris
Faculty Scholarship
This article questions the validity under international law of the provisions of the Treaty for an International Criminal Court (ICC) that purport to give the ICC jurisdiction over nationals of states that are not parties to the Treaty. The article examines two facially plausible theories for the validity of ICC jurisdiction over non-party nationals: that the ICC may exercise universal jurisdiction delegated to it by states parties, and that the ICC may exercise territorial jurisdiction delegated to it by states parties. Each of those theories is found to be flawed. The article then questions whether there is in fact any …
The Role And Powers Of Defense Counsel In The Rome Statute Of The International Criminal Court, Kenneth S. Gallant
The Role And Powers Of Defense Counsel In The Rome Statute Of The International Criminal Court, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan
The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan
Faculty Articles and Other Publications
International criminal courts will be judged by their fairness to defendants as well as to victims. In a very practical way, such claims will hinge, inter alia, on the ability of prosecutors and defendants to have reasonable access to probative evidence. But international criminal courts depend on states to provide them with evidence or access to evidence. The obligation of states to cooperate with international criminal tribunals in the production of evidence was at issue in the recent decision of the International Criminal Tribunal for the former Yugoslavia in the Blaki case (1997). That judgment and the provisions of the …
Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher
Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley
Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley
Scholarly Works
Professor Blakesley participates in this panel discussion on the International Criminal Court. The Association of American Law Schools sponsored the panel.
Getting Serious About An International Criminal Court, Michael P. Scharf
Getting Serious About An International Criminal Court, Michael P. Scharf
Faculty Publications
No abstract provided.
The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf
The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf
Faculty Publications
In 1989, the United Nations General Assembly proclaimed the 1990s to be "The Decade of International Law." Moreover, 1990, which witnessed both the devolution of the Cold War and the effective use of the United Nations to coalesce universal support for international action against Iraq for its invasion of Kuwait, was a year of renewed optimism for international institutions. It is therefore fitting that proposals for an international criminal court should, at this time, get a fresh look from the international legal community. Towards this end, in the words of the U.S. Representative to the United Nations Sixth (Legal) Committee …
Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, Daniel H. Derby, M. Cherif Bassiouni
Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, Daniel H. Derby, M. Cherif Bassiouni
Scholarly Works
No abstract provided.