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During the trial of Saddam Hussein evidence was largely ignored by media coverage. The media's focus on controversial judicial rulings, assassinations of defense counsel, resignation of judges, scathing outbursts, allegations of mistreatment, hunger strikes, and even underwear appearances...
Persistent link: https://www.econbiz.de/10012772909
This symposium introduction provides an overview of the issues raised by fourteen scholars of international criminal law as they engage with Darryl Robinson's excellent book, Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law
Persistent link: https://www.econbiz.de/10013217409
In Allen Buchanan’s essay, "The Complex Epistemology of Institutional Legitimacy Assessments," 33 TEMP. INT’L & COMP. L. J. 323, 323 (2019), he suggests that the legitimacy of the International Criminal Court (ICC) is weak – perhaps so weak that it is unworthy of support. This response...
Persistent link: https://www.econbiz.de/10013247723
Since crimes against humanity were first defined in the Charters of the International Military Tribunals at Nuremberg and for the Far East, various international, hybrid and national institutions have adopted definitions that differ in important respects. The International Law Commission’s...
Persistent link: https://www.econbiz.de/10013244465
Saddam Hussein brazenly admitted command responsibility in his trial at the Iraqi High Tribunal. The proceeding, known as the Dujail case, was the first in a series of trials planned against Saddam and his co-defendants. The charges stemmed from a failed July 1982 assassination attempt against...
Persistent link: https://www.econbiz.de/10012746657
This article aims at an examination of the colonial career of the modern construction of race and its traces in post-coloniality. It locates race in regimes of legality and illegality attendant to British colonial rule over India to underscore the defining role of colonialism in modern...
Persistent link: https://www.econbiz.de/10014050887
The immigrant puts at issue assumptions of inviolability of borders, territoriality of sovereignty, and exclusivity of citizenship - fundamental characteristics of the modern state. The immigrant calls into question cultural homogeneity, linguistic commonality, shared history, and security of...
Persistent link: https://www.econbiz.de/10014050888
I begin with a mea culpa. In 2016, I published an article about citizen’s arrest. The idea for the article arose in 2014, when a disgruntled Virginia citizen came in off the street and attempted to arrest a law school professor while class was in progress. I set out to research and write a...
Persistent link: https://www.econbiz.de/10014345158
The EU has a long history of directives concerned with confiscating proceeds of crime. Post-conviction confiscation, as the term implies, requires a criminal conviction before confiscation can occur. In this regard, such confiscation is unproblematic (though there are separate practical...
Persistent link: https://www.econbiz.de/10014255650
Policing in the recent years have gone a long way from the traditional law and order police. Now the police have a wide variety of functions, and is seen as the sovereign arm of the state which is a protector of human rights, life, liberty and dignity of every person in the society. However,...
Persistent link: https://www.econbiz.de/10014044276