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Articles 1 - 6 of 6
Full-Text Articles in International Relations
The Intenational Crimial Court (Icc) As A Mechanism For Global Justice And Rule Of Law, Paolo Davide Farah
The Intenational Crimial Court (Icc) As A Mechanism For Global Justice And Rule Of Law, Paolo Davide Farah
Book Chapters
Throughout history, institutions have been the chosen platforms for governing and regulating society. However, in the twenty-first century, with unprecedented connectivity and interdependence, working toward multilateral solutions for global challenges, whether in climate change through the UNFCCC or in trade via the World Trade Organization, has become increasingly complex. This rise in complexity within the international landscape has not been met with proportional attention to cooperation, conflict resolution, and harmonizing human values.
It is relevant to highlight the intersection between the International Criminal Court (ICC) and broader questions within international humanitarian law, (IHL) its interconnections and intertwinement with International Criminal …
The Creation Of International Crimes: How Narratives Shape Our Understanding Of The "Most Serious Crimes Of International Concern", Christine Bianco
The Creation Of International Crimes: How Narratives Shape Our Understanding Of The "Most Serious Crimes Of International Concern", Christine Bianco
FIU Electronic Theses and Dissertations
The Rome Statute for the International Criminal Court labels the crimes within its jurisdiction as “the most serious crimes of international concern.” This characterization creates a hierarchy of international issues in which those that are under the jurisdiction of the court are portrayed as more important than those that are not. The Statute’s framing implies a permeance and absolutism to the distinction between international issues that obscures the political contestation behind this topic. The line between wrong and criminal in international law is one that is neither constant nor entirely coherent. It is one that has grown and changed over …
Between Politics And Morality: Hans Kelsen's Contributions To The Changing Notion Of International Criminal Responsibility, Jason Kropsky
Between Politics And Morality: Hans Kelsen's Contributions To The Changing Notion Of International Criminal Responsibility, Jason Kropsky
Dissertations, Theses, and Capstone Projects
The pure theory of law analyzes the legal normative basis of jurisprudence. According to its author, Hans Kelsen (1881-1973), the study of law as a science can only arise once “alien elements” associated with sociology, politics, ethics and psychology are extracted from strict legal cognition. But what happens when the international sphere of law that possesses the special quality of holding state officials accountable for core international crimes requires intrusion by extra-legal sources? Does Kelsen’s structural edifice collapse? Or is it reconstituted? In examining how international criminal responsibility, a test case for Kelsen’s positive law claims derives its legitimacy, this …
The Contribution Of The Special Court For Sierra Leone To The Law On Criminal Responsibility Of Children In International Criminal Law, Ana Paula Podcameni
The Contribution Of The Special Court For Sierra Leone To The Law On Criminal Responsibility Of Children In International Criminal Law, Ana Paula Podcameni
FIU Electronic Theses and Dissertations
The revision of laws and the application of culpability to those most responsible for serious humanitarian law violations has functioned as a necessary condition for achieving peace in most post-war societies. However, there is an embarrassing silence when it comes to addressing the question of whether children are to be subjected to the principle of individual criminal responsibility. As morally controversial as it is, the question remains fundamental. Unfortunately, children have been involved in armed conflicts, as victims primarily, but not exclusively. Children are among those accused of having committed brutal and terrible international crimes in times of armed conflict …
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
International Human Rights Law Journal
This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.
The Darfur Name Game: Use Of Realpolitik By The United Nations In Decision-Making And Intervention, Angela Overton
The Darfur Name Game: Use Of Realpolitik By The United Nations In Decision-Making And Intervention, Angela Overton
Sociology & Criminal Justice Theses & Dissertations
Violence has plagued the westernmost region of Sudan, known as Darfur, since 2003. The conflict contains elements of political and ethnic divisiveness, desertification, and resource scarcity. The violence there continues to date. Many have declared genocide in Darfur while others maintain that the conflict is instead a crime against humanity. The labeling of the conflict is critical because this process determines the interventions available. This paper focuses on the decision-making process of the United Nations and its Security Council to determine if the labeling of the conflict impacted the discourse and intervention decisions by those bodies. Discourse analysis results indicate …