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Articles 91 - 113 of 113
Full-Text Articles in Military, War, and Peace
Prosecuting The "Fog Of War?, Christopher D. Booth
Prosecuting The "Fog Of War?, Christopher D. Booth
Vanderbilt Journal of Transnational Law
In the Fall of 1999, the Associated Press reported a story of an alleged massacre of Korean civilians, conducted by U.S. troops at the beginning of the Korean War in the hamlet of No Gun Ri. The story had an incendiary effect, both in the United States and abroad. The story of an incident from half-a-century ago caused many to reexamine the conduct of American forces in that war, the current security arrangements in East Asia, the U.S.-R.O.K. relationship, and the wisdom and ability of modem Americans to investigate, evaluate, and judge historical events from our current historical and cultural …
Definition Of War Crimes And Their Use In The International Criminal Tribunals For The Former Yugoslavia And Rwanda, Leon Friedman
Definition Of War Crimes And Their Use In The International Criminal Tribunals For The Former Yugoslavia And Rwanda, Leon Friedman
Hofstra Law & Policy Symposium
What is the lesson we are learning about war crimes in the International Criminal Tribunals for the Former Yugoslavia and Rwanda? We begin with this question: what is a war crime and how have the definitional difficulties come to the fore in conjunction with the International Criminal Tribunal for the Former Yugoslavia? One broad category of war crimes, called "crimes against peace," as established by the Nuremberg Charter,' is simply commencing an aggressive war in violation of treaties. A second category is "crimes against humanity." But in the definition of a crime against humanity there is a qualifying phase - …
War Crimes In The 21st Century, Marsha V. Mills
War Crimes In The 21st Century, Marsha V. Mills
Hofstra Law & Policy Symposium
No abstract provided.
Why Only War Crimes: De-Linking Human Rights Offenses From Armed Conflict, Steven R. Ratner
Why Only War Crimes: De-Linking Human Rights Offenses From Armed Conflict, Steven R. Ratner
Hofstra Law & Policy Symposium
No abstract provided.
Whose Security Is It? Military Violence Against Women During Peacetime, Cathleen Caron
Whose Security Is It? Military Violence Against Women During Peacetime, Cathleen Caron
Human Rights Brief
No abstract provided.
Full Volume 72: Law Of Military Operations Liber Amicorum
Full Volume 72: Law Of Military Operations Liber Amicorum
International Law Studies
No abstract provided.
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. …
Did Military Justice Fail Or Prevail?, Robinson O. Everett
Did Military Justice Fail Or Prevail?, Robinson O. Everett
Michigan Law Review
The subject of war crimes is now receiving significant attention. On March 13, 1998, the United States Senate, by a vote of 93-0, adopted a resolution urging the President to call on the- United Nations to create a tribunal to indict and try Saddam Hussein for his "crimes against humanity." In the recent past, United Nations tribunals have tried crimes against humanity perpetrated in the former Yugoslavia and in Rwanda. With Administration backing, Congress has also recently enacted legislation intended to confer jurisdiction on the federal district courts to try certain war crimes of which American nationals are perpetrators or …
The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand
The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand
Michigan Journal of International Law
On the night of May 2, 1997, some twenty-five abandoned Serb houses were set on fire in the Croat-controlled municipality of Drvar, part of the Muslim-Croat Federation of Bosnia and Herzegovina. It was clear from all the circumstances that Croats organized the arson of houses in Drvar to obstruct the return of the original Serb residents to the area. Croat authorities then made a concerted effort to resettle displaced Croats in Drvar in order to solidify a stretch of "ethnically-pure" territory adjacent to the Republic of Croatia. These displaced Bosnian Serbs are just a few of the estimated 2.3 million …
Tadić, The Anonymous Witness And The Sources Of International Procedural Law, Natasha A. Affolder
Tadić, The Anonymous Witness And The Sources Of International Procedural Law, Natasha A. Affolder
Michigan Journal of International Law
This article explores the Trial Chamber's decision to allow the use of anonymous testimony as a protective measure in the wake of the final judgment in the Tadić trial. This initial decision, granting the prosecutor's request for protective measures including the withholding of four witnesses' identities from the accused, formed a precedent upon which later rulings for protective measures relied, both throughout the Tadić case and in subsequent cases before the International Tribunal.
The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd
The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd
Michigan Journal of International Law
The aim of this article is neither to condemn departures from jus cogens nor to engage in verbal gymnastics designed to obfuscate the fact that the international community is treating or will treat "peremptory norms" as moralisms irrelevant in practical terms. Rather, this article seeks to show that the problem lies in the concept of jus cogens itself. More specifically, the article intends to make the case that the concept is intellectually indefensible - at best useless and at worst harmful in the practical conduct of international relations.
The Yugoslav War Crimes Tribunal: The Compatibility Of Peace, Politics, And International Law, Karl A. Hochkammer
The Yugoslav War Crimes Tribunal: The Compatibility Of Peace, Politics, And International Law, Karl A. Hochkammer
Vanderbilt Journal of Transnational Law
Since 1991, a brutal war has raged among ethnic groups of the former Yugoslavia. Outraged by the atrocities that have pervaded the war, the United Nations established an international tribunal in 1993 to adjudicate violations of international humanitarian law committed in the Yugoslav conflict. Although well-intentioned, the Yugoslav Tribunal nevertheless may fail to accomplish its goals. A number of practical and legal obstacles may impede its success. In particular, the United Nations lack of physical control over the combatants in the Yugoslav conflict may frustrate the Tribunal's ability to bring accused war criminals to justice. This Note surveys the problems …
Oil In The Persian Gulf War: Legal Appraisal Of An Environmental Warfare., Margaret T. Okorodudu-Fubara
Oil In The Persian Gulf War: Legal Appraisal Of An Environmental Warfare., Margaret T. Okorodudu-Fubara
St. Mary's Law Journal
Oil, modern history’s most “powerful” natural economic resource stood at the epicenter of the Iraqi invasion of Kuwait and became the latest unconventional weapon of warfare. The objective of this Article is to assess the legal implications of this recent environmental warfare involving the “oil weapon,” the first of its kind in recorded history. The experiences from national and international wars demonstrate one sure victim of wars, even barring human losses, is the environment. The delicacy of mankind’s planetary ecosystem necessitates urgency addressed to protecting the environment in the international struggle for arms control and disarmament agreement. This Article indicates …
Naval Targeting: Lawful Objects Of Attack, Sally V. Mallison, W. Thomas Mallison
Naval Targeting: Lawful Objects Of Attack, Sally V. Mallison, W. Thomas Mallison
International Law Studies
No abstract provided.
The Tokyo War Crimes Trial, L C. Green
The Tokyo War Crimes Trial, L C. Green
Dalhousie Law Journal
Until comparatively recently (see, eg., The Other Nuremberg by Arnold C. Brackman, 1987) there has been little written in western countries concerning the International Military Tribunal for the Far East - the Tokyo Tribunal - when compared with its "sister" Tribunal at Nuremberg. The compilation of Principles drawn up by the United Nations is known as the Nuremberg Principles regardless of the fact that the same principles were applied in Tokyo. In 1983, to coincide with the first Japanese showing of the film The Tokyo Trial premiered in New York two years later, an International Symposium on the Trial was …
United States V. Henry Wirz (Washington, 24 October 1865), Howard S. Levie
United States V. Henry Wirz (Washington, 24 October 1865), Howard S. Levie
International Law Studies
No abstract provided.
Chapter Vi Penal Sanctions For Maltreatment Of Prisoners Of War, Howard S. Levie
Chapter Vi Penal Sanctions For Maltreatment Of Prisoners Of War, Howard S. Levie
International Law Studies
No abstract provided.
The Trial Of General Tomoyuki Yamashita: A Case Study In Command Responsibility, L. H. Redford
The Trial Of General Tomoyuki Yamashita: A Case Study In Command Responsibility, L. H. Redford
History Theses & Dissertations
The case of General 'Tomoyuki Yamashita, the subject of this thesis, established a precedent in international law, at least so far as the United States respected that law, Its successful prosecution prepared the way for the prosecution of numerous, subsequent war crimes cases, upon a standard of liability developed and approved by the United States in Yamashita, and without regard for the attenuated procedural protections granted in American civil courts. General Mac-Arthur played an important part in Yamashita’s trial, and this essay shall also discuss the extent of his interest and involvement in the case.
Punishment For War Crimes: Duty--Or Discretion?, Michigan Law Review
Punishment For War Crimes: Duty--Or Discretion?, Michigan Law Review
Michigan Law Review
In 1968, a movie called The Graduate received wide critical acclaim for characterizing the malaise of youthful America. For many, the scene most representative of contemporary irrelevance took place during the protagonist's homecoming party, at which a businessman, with grave and repetitive insistence, encouraged the recent college graduate to enter the plastics industry. In a CBS-TV news interview on November 24, 1969, Paul D. Meadlo revealed his participation in an incident in Vietnam that has captured the horrified attention of the nation. Meadlo, twenty-three years old, is a machine operator in a Terre Haute, Indiana plastics factory.
The War Crimes Trial: A Second Look, Robert L. Birmingham
The War Crimes Trial: A Second Look, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
War Crimes--A Refutation Of Objection, Otto E. Reik
War Crimes--A Refutation Of Objection, Otto E. Reik
Kentucky Law Journal
No abstract provided.
Reel: The Case Of General Yamashita, Michigan Law Review
Reel: The Case Of General Yamashita, Michigan Law Review
Michigan Law Review
A Review of THE CASE OF GENERAL YAMASHITA By A. Frank Reel.
Constitutional Law-Power Of Supreme Court To Review Judgments Of International Military Tribunal For Far East, J. R. Mackenzie S. Ed.
Constitutional Law-Power Of Supreme Court To Review Judgments Of International Military Tribunal For Far East, J. R. Mackenzie S. Ed.
Michigan Law Review
The board of directors of defendant, a nonprofit corporation, passed a resolution that persons should not be denied membership on racial, religious or political grounds. Plaintiff, a branch member of defendant, had enacted by-laws denying Negroes admission to its group. Defendant's board declared plaintiff's by-laws were in conflict with the resolution and threatened to expel plaintiff branch if its by-laws were not amended. Plaintiff brought suit to enjoin defendant from carrying out its threat. Held, injunction granted. No national by-law required admission of all races to membership in branches, nor did the national directors have power to expel a …