Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (186)
- Universitas Indonesia (122)
- Washington and Lee University School of Law (28)
- American University Washington College of Law (24)
- UIC School of Law (23)
-
- University of Michigan Law School (21)
- Yeshiva University, Cardozo School of Law (21)
- University of Georgia School of Law (16)
- Georgetown University Law Center (13)
- BLR (12)
- Roger Williams University (11)
- Brooklyn Law School (8)
- University of San Diego (7)
- Southern Methodist University (6)
- University of Missouri-Kansas City School of Law (6)
- Vanderbilt University Law School (6)
- Cornell University Law School (5)
- Pace University (5)
- Penn State Dickinson Law (5)
- William & Mary Law School (5)
- Association of American Law Schools (4)
- Boston University School of Law (4)
- Cleveland State University (4)
- Columbia Law School (4)
- Florida A&M University College of Law (4)
- Florida State University College of Law (4)
- Mitchell Hamline School of Law (4)
- Montclair State University (4)
- Purdue University (4)
- St. Mary's University (4)
- Keyword
-
- International Criminal Court (33)
- War crimes (30)
- Terrorism (27)
- International Law (26)
- Military (22)
-
- Law (19)
- Criminal Law and Procedure (18)
- Criminal law (17)
- War (17)
- Genocide (16)
- Iraq (15)
- Criminal Law (13)
- Human Rights Law (13)
- ICC (13)
- Military, War and Peace (12)
- Afghanistan (11)
- Crimes against humanity (11)
- Human rights (11)
- International law (11)
- Courts (10)
- Crimes (10)
- International criminal law (10)
- Jurisdiction (10)
- Military law (10)
- Criminal (9)
- Obama (9)
- Tribunals (9)
- Constitutional Law (8)
- Judges (8)
- Jurisprudence (8)
- Publication Year
- Publication
-
- Seattle University Law Review (185)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Scholarly Articles (20)
- Georgia Journal of International & Comparative Law (15)
- Scholarly Articles in Law Reviews & Journals (14)
-
- ExpressO (12)
- UIC Law Review (12)
- Faculty Scholarship (11)
- Georgetown Law Faculty Publications and Other Works (11)
- Michigan Law Review (10)
- Life of the Law School (1993- ) (9)
- Brooklyn Journal of International Law (7)
- Michigan Journal of International Law (7)
- San Diego International Law Journal (7)
- UIC Law Open Access Faculty Scholarship (7)
- Articles (6)
- Faculty Journal Articles and Book Chapters (6)
- Cardozo Public Law, Policy & Ethics Journal (5)
- Faculty Works (5)
- Books and Chapters (4)
- Cardozo Journal of International and Comparative Law (4)
- Journal Publications (4)
- Journal of Legal Education (4)
- Scholarly Works (4)
- UIC Review of Intellectual Property Law (4)
- University of Richmond Law Review (4)
- Vanderbilt Law Review (4)
- William & Mary Bill of Rights Journal (4)
- Cardozo Arts & Entertainment Law Journal (3)
- Cardozo Journal of Equal Rights & Social Justice (3)
- Publication Type
- File Type
Articles 601 - 630 of 646
Full-Text Articles in Military, War, and Peace
One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana R. Lehr-Lehnardt
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.
The Taliban’S ‘Other’ Crimes, Mark A. Drumbl
The Taliban’S ‘Other’ Crimes, Mark A. Drumbl
Scholarly Articles
This paper explores possible legal responses to the Taliban's 'other' crimes--those inflicted against Afghans during Taliban rule. This criminality largely has been rendered invisible by virtue of the international community's focus on punishing the Taliban's support of transnational terrorists, in particular al-Qaeda. This invisibility is problematic given that carefully constructed prosecutions of these 'other' crimes could play an important role in post-conflict reconciliation and national reconstruction in Afghanistan. Such reconciliation and reconstruction can legitimise a representative post-conflict state and curb terrorist recidivism.
War Stories, Jessica Litman
War Stories, Jessica Litman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
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
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.
State-Supported Terrorism And The U.S. Courts: Some Foreign Policy Problems, Barry E. Carter
State-Supported Terrorism And The U.S. Courts: Some Foreign Policy Problems, Barry E. Carter
Georgetown Law Faculty Publications and Other Works
Terrorism is an evil that the United States and other civilized countries should combat aggressively. Fortunately, these countries have many tools they can use in their fight against terrorism, among them military force (as we have just demonstrated in Afghanistan), covert actions, and a variety of economic sanctions against a country or group that supports terrorists. These sanctions - which would preferably be applied in union with other countries, though unilaterally if necessary - can include freezing assets, as well as ending or limiting U.S. government programs (ranging from landing rights to foreign aid), cutting off exports to or imports …
Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor
Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the nuances surrounding the use of the death penalty in terrorism cases.
Juridical And Jurisdictional Disconnects, Mark A. Drumbl
Juridical And Jurisdictional Disconnects, Mark A. Drumbl
Scholarly Articles
Although extraterritorial trials for human rights abusers certainly achieve some justice, this Article posits -- through a case-study of post-genocide Rwanda -- that the effects of such trials are circumscribed by the fact they may have little meaning among perpetrators and victims in post-conflict societies. This limited meaning particularly attaches to trials conducted extraterritorially through international tribunals as well as trials conducted in foreign national courts through the exercise of what loosely is called "universal jurisdiction." This circumscribed meaning results in these trials' having limited deterrence effects, although they may go some way to satisfying the deontological need to punish …
It's Time To Put The Military's Death Penalty To Sleep , Michael I. Spak
It's Time To Put The Military's Death Penalty To Sleep , Michael I. Spak
Cleveland State Law Review
Part I will focus on the death penalty in the civilian sector of the United States. It begins with a brief history of and an introduction to death penalty laws in the United States. A critical examination of the primary arguments used to justify the death penalty follows. Part I next offers a brief overview of other independent reasons for the abolition of the death penalty. After having concluded that the application of the death penalty is unfair in the civilian sector and should thus be abolished, the article will then shift its focus to the death penalty in the …
A Man Lost In The Gray Zone, David Luban
A Man Lost In The Gray Zone, David Luban
Georgetown Law Faculty Publications and Other Works
The Rudolf Kastner trial was one of the three great scandals that rocked Israeli party politics in the 1950s (the others were the negotiations with Germany for Holocaust reparations and the so-called "Lavon affair"). Although Leora Bilsky describes it as an "almost forgotten trial," it has not been forgotten by subsequent writers: it makes an important cameo appearance in Arendt's Eichmann in Jerusalem; it features prominently in Tom Segev's The Seventh Million (1991); Yehuda Bauer's Jews for Sale? (1994) takes pains to refute the charges against Kastner; and it inspired two novels - Amos Elon's Timetable (1980) and Neil Gordon's …
When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr.
When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
My Lai: An American Tragedy, William G. Eckhardt
Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl
Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl
Scholarly Articles
Following the 1994 Rwandan genocide, national and international trials set out to encourage national reconciliation, promote peace, punish perpetrators, foster a culture of human rights, and effect justice. In this Article, Professor Mark Drumbl questions the ability of these trials to achieve these goals and suggests they may in fact aggravate ethnic identity politics, thereby threatening Rwanda's long-term stability. He argues that the highly interdependent yet dualist nature of Rwandan society, together with the widespread level of participation in and victimization by the genocide, create a situation where accountability for the violence and the deterrence of future violence can be …
Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law
Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law
Michigan Journal of International Law
Symposium transcript.
Punishment Goes Global: International Criminal Law, Conflict Zones, And Gender (In)Equality, Mark A. Drumbl
Punishment Goes Global: International Criminal Law, Conflict Zones, And Gender (In)Equality, Mark A. Drumbl
Scholarly Articles
The creation of the International Criminal Court (ICC) enables the international community to hold accountable those who inflict violence in the form of sexual and ethnic hatred. Drawing on case studies from Rwanda and Bosnia, the author observes the extent to which retributive criminal justice can deter offenders and foster structural societal change.
Sobriety In A Post‐Genocidal Society: Good Neighborliness Among Victims And Aggressors In Rwanda?, Mark A. Drumbl
Sobriety In A Post‐Genocidal Society: Good Neighborliness Among Victims And Aggressors In Rwanda?, Mark A. Drumbl
Scholarly Articles
Now as Rwanda begins to mourn the firth anniversary of its genocide, it should also celebrate the fifth anniversary of its survival. As time passes, Rwanda enters a stage of social and historical development which can be referred to as the "post-genocidal" stage. Some would say that Rwanda is actually in an intra-genocidal phase, given the persistence of Hutu rebel insurrection throughout the country, specifically in the Ruhengeri prefecture of the north-west. Although the merits of this classification can be debated, fatalistically characterizing Rwanda to be intra-genocidal assumes an ability to look in the future, a task no scholar is …
Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez
Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez
Michigan Law Review
In 1993 and 1994, following allegations of mass atrocities, including systematic killings, rapes, and other horrific forms of violence in Rwanda and the territories of the former Yugoslavia, two ad hoc international war crimes tribunals were established to prosecute individuals for grave violations of international humanitarian law, including genocide. As might be expected, advocates for the creation of these entities - the first international courts to prosecute individuals under international law since the trials at Nuremberg and Tokyo after World War II - aspired to grand goals inspired by, but extending far beyond, the pedestrian aims of ordinary criminal prosecutions. …
Capital Punishment And The Courts-Martial: Questions Surface Following Loving V. United States, Christine Daniels
Capital Punishment And The Courts-Martial: Questions Surface Following Loving V. United States, Christine Daniels
Washington and Lee Law Review
No abstract provided.
Task Force Statement Of The Twentieth Century Fund's Task Force On Apprehending Indicted War Criminals: Meeting The Obligations Of Justice, Paul Williams
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont
Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont
Penn State International Law Review (1982 - 2011)
No abstract provided.
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt
Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt
Faculty Works
No abstract provided.
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
Articles
No abstract provided.
Pitfalls And Imperatives: Applying The Lessons Of Nuremberg To The Yugoslav War Crimes Trials, Kevin R. Chaney
Pitfalls And Imperatives: Applying The Lessons Of Nuremberg To The Yugoslav War Crimes Trials, Kevin R. Chaney
Penn State International Law Review (1982 - 2011)
No abstract provided.
Post-Soviet Organized Crime And The Rule Of Law, 28 J. Marshall L. Rev. 827 (1995), Louise Shelley
Post-Soviet Organized Crime And The Rule Of Law, 28 J. Marshall L. Rev. 827 (1995), Louise Shelley
UIC Law Review
No abstract provided.
Getting To Know The General: American Conceits About The Rule Of Law, Kenneth Anderson
Getting To Know The General: American Conceits About The Rule Of Law, Kenneth Anderson
Book Reviews
This essay reviews a book about General Manuel Noriega, the Panamanian strongman toppled by the Bush Sr. administration in 1989; Noriega was tried on drug charges in Miami and has spent many years in prison. This book examines Noriega's background and rise to power, involvement in drugs and politics in Central America, including the famous murder of Hugo Spadafora, and his trial in the United States. The book's author covered the trial for newspapers; the review's author monitored human rights in Panama in the two years prior to the US invasion and covered the invasion for human rights organizations.
Liability For 'Knowing' Transmission Of Hiv: The Evolution Of A Duty To Disclose, Jody B. Gabel
Liability For 'Knowing' Transmission Of Hiv: The Evolution Of A Duty To Disclose, Jody B. Gabel
Florida State University Law Review
No abstract provided.
Book Review: Red Scare In Court: New York Versus The International Workers Order, 27 J. Marshall L. Rev. 139 (1993), Elena Marcheschi
Book Review: Red Scare In Court: New York Versus The International Workers Order, 27 J. Marshall L. Rev. 139 (1993), Elena Marcheschi
UIC Law Review
No abstract provided.
Be All You Can Be (Without The Protection Of The Constitution), Keith M. Harrison
Be All You Can Be (Without The Protection Of The Constitution), Keith M. Harrison
Law Faculty Scholarship
[Excerpt] “Despite the generous inclusion by President Reagan of the many soldiers, sailors, airmen, and marines in the concept of "the people" of this republic, it is not altogether dear whether one whose status has changed from ordinary "citizen" to "a member of the armed forces" can legitimately claim any of the constitutional protections of citizenship until he or she is no longer a member of the armed forces. In the course of this nation's history the Supreme Court has denied some or all of the protection of the Constitution to many groups of people, including African-Americans, 2 women,3 Native …
Post-Traumatic Stress Disorder: A Controversial Defense For Veterans Of A Controversial War, Michael J. Davidson
Post-Traumatic Stress Disorder: A Controversial Defense For Veterans Of A Controversial War, Michael J. Davidson
William & Mary Law Review
No abstract provided.
A Report And Analysis Of The Military Mental Nonresponsibility Defense, Darryll K. Jones
A Report And Analysis Of The Military Mental Nonresponsibility Defense, Darryll K. Jones
Journal Publications
Due to the intense pressures of warfare, and the more common stress related demands placed on the peacetime service member, the mental nonresponsibility defense should be more often legitimately asserted in a military criminal trial. Further, those who place demands on service members have an obligation to ensure that the nonresponsibility defense is substantively and procedurally fair. This article analyzes the nonresponsibility defense, beginning with the procedural aspects and later examining significant substantive issues and how they are resolved by the United States Court of Military Appeals. The procedural section will discuss how the nonresponsibility issue is raised, the defendant's …