International Law Commons^™

Report Of The Cleveland Experts Meeting: The International Criminal Court And The Crime Of Aggression, Experts Meeting

Case Western Reserve Journal of International Law

No abstract provided.

Ambiguities In Articles 5(2), 121 And 123 Of The Rome Statute, Roger S. Clark

Case Western Reserve Journal of International Law

No abstract provided.

Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Kara Karlson, Jennifer Goldsmith, Laura Jarvis, Megan Chapman

Human Rights Brief

No abstract provided.

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 …

Distinction And Loss Of Civilian Protection In International Armed Conflicts, Yoram Dinstein

International Law Studies

No abstract provided.

Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody

Scholarly Articles

In the wake of increasing globalization over the past fifty years, international criminal law has transformed from a toothless shadow into a concrete reality; the International Criminal Court is the most recent and impressive institutional accomplishment. Unfortunately, international criminal law has enjoyed this progress on the heels of increasingly horrific international crimes. International adjudicatory institutions have taken many forms and the sentences they deliver have varied widely. In Atrocity, Punishment, and International Law, Mark Drumbl reviews the strides made in international criminal law from the Nuremberg trials through present-day trials, particularly those related to the crimes committed in Rwanda and …

Competition And Control In International Adjudication, Jacob Katz Cogan

Faculty Articles and Other Publications

States are increasingly delegating or transferring powers to international organizations, and international organizations are increasingly pushing the limits of the powers conferred upon them. This expansion of powers embraces all areas of international authority-particularly lawmaking and adjudication. Recognizing that international organizations have gained this greater role, scholars have begun to think more deeply about the legitimacy, accountability, and good governance of international organizations, and States (as well as non-State entities, such as the European Union and nongovernmental organizations), knowing what is at stake, have become more forthright in seeking a seat at the table.

Part I of this paper explains …

Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Rita Espinoza, Sarah Venti, Katherine Anne Cleary

Human Rights Brief

No abstract provided.

The Victims Of Victim Participation In International Criminal Proceedings, Charles P. Trumbull Iv

Michigan Journal of International Law

This Article proceeds as follows. Part I discusses the emerging norms regarding victims' rights in international law and the factors that influenced the victim participation scheme in the Rome Statute. Section A focuses on the victims' rights movement in domestic and international law; Section B examines the case law on victim participation from several treaty-based international human rights tribunals; and Section C explains how criticisms of the ICTY and the ICTR resulted in extensive rights for victims in the ICC. Next, Part II explains the statutory framework that governs the victims' role in ICC proceedings. It then discusses the emerging …

Prosecuting Aggression, Noah Weisbord

Faculty Publications

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference.

Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …

The Gravity Threshold Of The International Criminal Court, Susana Sácouto, Katherine A. Cleary

Scholarly Articles in Law Reviews & Journals

From its inception, the world's first permanent International Criminal Court ("ICC" or "Court") was envisioned as a body that would preside over only those cases of most serious concern to the international community as a whole. Thus, the Court's subject matter jurisdiction is limited to the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. Moreover, Article 17(1)(d) of the Rome Statute provides that the Court shall determine that a case is inadmissible where the case is not of sufficient gravity to justify further action by the Court. This so-called "gravity threshold" has played a …

Victims' Participation In The Investigations Of The International Criminal Court, Susana Sacouto, Katherine A. Cleary

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Updates From The International Criminal Courts, Anna Katherine Drake, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.

Prosecuting Aggression, Noah Weisbord

Faculty Scholarship

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference. Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …

Strategic Communications And The Decline Of The Us Soft Power, Gene E. Bigler

International Law Studies

No abstract provided.

Transnational Networks And International Criminal Justice, Jenia Iontcheva Turner

Michigan Law Review

The theory of transgovernmental networks describes how government officials make law and policy on issues of global concern by coordinating informally across borders, without legal or official sanction. Scholars have argued that this sort of coordination is useful in many different areas of cross-border regulation, including banking, antitrust, environmental protection, and securities law. One area to which the theory has not yet been applied is international criminal law. For a number of reasons, until recently, international criminal law had not generated the same transgovernmental networks that have emerged in other fields. With few exceptions, international criminal law had been enforced …

Updates From The International Criminal Courts, Elizabeth J. Rushing, Rebecca Musarra, Anne Heindel, Angela Edman

Human Rights Brief

No abstract provided.

Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

The ICC Prosecutor's own charging policies should be prepared to give way to the judgments of legitimate political actors in times of political transition when actual arrests are more likely and competing justice proposals pose a more troubling challenge to the ICC's authority. In that scenario, I argue that the Prosecutor should encourage legitimate political actors to reach policy decisions that will command deference by the ICC. Such deference could take one or both of the following forms: (1) explicit deference to political actors, principally the U.N. Security Council acting under Chapter VII of the U.N. Charter, and (2) implied …

Chaos In The Courtroom, Controlling Disruptive Defendants And Contumacious Counsel In War Crimes Trials, Michael P. Scharf

Faculty Publications

During the eight month-long Dujail trial (October 2005-August 2006), Saddam Hussein, his seven co-defendants, and their dozen lawyers regularly disparaged the judges, interrupted witness testimony with outbursts, turned cross examination into political diatribes, and staged frequent walk-outs and boycotts. Drawn from the author's September 2006 lecture to the staff of the Office of the Prosecutor of the International Criminal Court in The Hague, this article examines some of history's previous messy trials and the strategies judges have employed with varying degrees of success to respond to disruptive conduct by trial participants. It then describes the various tactics employed by the …

Transnational Networks And International Criminal Justice, Jenia I. Turner

Faculty Journal Articles and Book Chapters

The theory of trans-governmental networks describes how elements within the governments of various nations make and affect policy by coordinating with each other informally, without official or formal legal sanction. Anne-Marie Slaughter and others have argued that this sort of coordination is useful in many different areas of cross-border regulation, including banking, antitrust, environmental protection, and securities law.

One area to which the theory has not yet been applied is international criminal law. By its nature, international criminal law transcends national boundaries. But at least until recently, it had not generated the kinds of informal trans-governmental networks that have emerged …

The Gravity Threshold Of The International Criminal Court , Susana Sacouto, Katherine Cleary

American University International Law Review

No abstract provided.

Coaltion Warfare: Challenges And Opportunites, Dale G. Stephens

International Law Studies

No abstract provided.

Legal Issues In Coalition Warfare: A Us Perspective, Charles Dunlap

International Law Studies

No abstract provided.

Military Commissions: Old Laws For New Wars, William K. Lietzau

International Law Studies

No abstract provided.

One Step Forward, Two Step Backwards: Addressing Objections To The Icc’S Prescriptive And Adjudicative Powers , Nema Milaninia

ExpressO

The Rome Statute of the International Criminal Court (ICC) permits the ICC to exercise subject-matter jurisdiction over individuals who engage in war crimes, genocide, crimes against humanity, and crimes of aggression. However, under Article 13, the ICC may only exercise personal jurisdiction over persons referred by the Security Council under Chapter VII, or over nationals of a state party, or persons whose alleged criminal conduct occurred on the territory of a state party

This article evaluates the interplay between principles of public international law and international criminal law in determining whether the ICC’s grant of jurisdiction under the Rome Statute …

Delineating The Interests Of Justice: Prosecutorial Discretion And The Rome Statute Of The International Criminal Court, Henry M. Lovat

ExpressO

Article 53(1) and 53(2) of the Rome Statute allow the prosecutor of the International Criminal Court (ICC) to decline to pursue an investigation or prosecution in the ‘interests of justice’. Some commentators have taken the view that the Office of the Prosecutor of the ICC should not invoke this ground for declining to act in situations where there is a possibility that investigations or prosecutions might impede or interfere with local peace and reconciliation initiatives such as amnesties or truth commissions. According to at least one prominent non-governmental organisation, such decisions are properly the domain of the UN Security Council, …

The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan

San Diego International Law Journal

Though the Genocide Convention was created to "liberate mankind from [the] odious scourge" of genocide, the dreams of its drafters have still not come to fruition. The commission of genocide, widely considered the most appalling of all crimes, did not end with the signing and ratification of the Convention in 1948. Genocide continues in the world today. While its sentiments were noble and its aims commendable, the Genocide Convention as it is interpreted and applied today is insufficient to stop the commission of genocide in the world. In order to rid the world of this crime, a new interpretation of …

Immunity Or Impunity The Potential Effect Of Prosecutions Of State Officials For Core International Crimes In States Like The United States That Are Not Parties To The Statute Of The International, Mark A. Summers

Faculty Scholarship

No abstract provided.

The Challenge Of A Global Standard Of Justice: Peace, Pluralism, And Punishment At The International Criminal Court, Eric Blumenson

Suffolk University Law School Faculty Works

This Article addresses what is often described as the "peace versus justice" problem, as it confronts the recently-established International Criminal Court (ICC). The problem typically arises when the threat of prosecution would derail peace negotiations or deter a tyrant from relinquishing power. If a state then grants amnesty or de facto impunity as the price of peace, should the ICC's prosecutor bring charges in its stead?

This Article analyzes the conflicting claims of peace, pluralism, and punishment in such cases by exploring three fundamental questions:

(1) Does justice in the aftermath of crime always require prosecution and punishment?

(2) If …

Seeking The Best Forum To Prosecute International War Crimes: Proposed Paradigms And Solutions, Milena Sterio

Law Faculty Articles and Essays

This Article will focus on some of the practical considerations underlying the decision to resort to a particular type of prosecution: international, hybrid, or national. Part II of this Article will describe the ICTY's referral of the Ademi/Norac case to Croatian national courts, focusing on the reasons underlying the referral, as well as on the appropriateness of the referral in light of international criminal law. Part III will then focus on the Special Court, in an effort to assess whether such a hybrid tribunal is a better form of international justice. Finally, Part IV will outline certain paradigms in an …