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Abdicated Legacy

Florence Hartmann.

in The Milosevic Trial

January 2014; p ublished online January 2014 .

Chapter. Subjects: Public International Law; Criminal Law. 11124 words.

Since Miloševićs death, several new trials associated with his regime have begun at the ICTY. They involve principal members of Serbia's or the FRY's state apparatus engaged in the same JCE...

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Access to Justice and Its Pitfalls

Francesco Francioni.

in Journal of International Criminal Justice

July 2016; p ublished online January 2016 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 3313 words.

In spite of commendable efforts towards addressing the issue of reparation for victims of Nazi crimes during the Second World War, Judgment No. 238, which was handed down by the Italian...

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Adopting Incitement to Commit War Crimes

Gregory S. Gordon.

in Atrocity Speech Law

June 2017; p ublished online May 2017 .

Chapter. Subjects: Criminal Law; Public International Law. 7445 words.

Chapter 10 proposes a new atrocity speech offense—incitement to commit war crimes. It demonstrates that any imagined ills related to this proposed expansion of speech criminalization in the...

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Advising Defendants about Guilty Pleas before International Courts

Rodney Dixon and Alexis Demirdjian.

in Journal of International Criminal Justice

July 2005; p ublished online July 2005 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 5992 words.

The aim of the article is to convey to the reader the variety of considerations that Defence Counsel before the International Tribunals must take into account when advising accused persons...

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After <i>Kiobel</i>

Sarah H. Cleveland.

in Journal of International Criminal Justice

July 2014; p ublished online June 2014 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 13078 words.

In Kiobel v. Royal Dutch Petroleum, the Supreme Court held that ‘principles underlying the presumption against extraterritoriality’ constrain courts in crafting a common law...

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Aiding and Abetting by Omission before the International Criminal Tribunals

Jessie Ingle.

in Journal of International Criminal Justice

September 2016; p ublished online October 2016 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 10735 words.

The mode of liability of aiding and abetting by omission is fraught with analytical difficulties. It is prone to gratuitous expansion beyond more settled modes of liability, being grounded...

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Airing Crimes, Marginalizing Victims

Denisa Kostovicova.

in The Milosevic Trial

January 2014; p ublished online January 2014 .

Chapter. Subjects: Public International Law; Criminal Law. 5810 words.

This chapter examines the failure of the Milošević trial to engage Kosovar Albanians and the mixed reception of the RECOM process—the regional civil society initiative aimed at documenting...

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Alison Bisset, <i>Truth Commissions and Criminal Courts</i>

Birju Kotecha.

in Journal of International Criminal Justice

May 2015; p ublished online April 2015 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 2107 words.

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The Alternative Hypothesis Approach, Robustness and International Criminal Justice

Mark Klamberg.

in Journal of International Criminal Justice

July 2015; p ublished online June 2015 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 9083 words.

This article deals with issues pertaining to the process of evaluation of evidence in international criminal justice. Initially, the author analyses some theoretical approaches to the...

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Ambiguous Choices in the Trials of Milošević’s Serbia

Tibor Várady.

in The Milosevic Trial

January 2014; p ublished online January 2014 .

Chapter. Subjects: Public International Law; Criminal Law. 2521 words.

This chapter considers the question of whether Milošević's trial contributed to the rule of law. It argues that the idea that state-centered legal processes can adequately represent...

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