Abdicated Legacy
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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The Abu Ghraib Misdeeds
in Journal of International Criminal Justice
December 2004; p ublished online December 2004 .
Journal Article. Subjects: Criminal Law; International Law. 0 words.
Access to Justice and Its Pitfalls
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...
Accountability for Torture Abroad and the Limits of the Act of State Doctrine
in Journal of International Criminal Justice
September 2010; p ublished online August 2010 .
Journal Article. Subjects: Criminal Law; International Law. 10343 words.
This article analyses the decision of the Federal Court of Australia that a claim brought by an Australian citizen against Australian government officials, who had allegedly aided and...
Achievements and Problems of the International Criminal Court
in Journal of International Criminal Justice
September 2008; p ublished online November 2008 .
Journal Article. Subjects: Criminal Law; International Law. 8938 words.
In order to analyse both the achievements and the challenges faced by the International Criminal Court (ICC) it is important to recall the sui generis character of the Rome Statute, and to...
Acknowledgements
in Arcs of Global Justice
January 2018; p ublished online January 2018 .
Chapter. Subjects: Public International Law; Criminal Law. 128 words.
Many have assisted us in bringing this volume to fruition. We wish to thank Danielle DerOhannesian, Clementa Amazan, Quincy Conrad, and Margaret McDermott for excellent research assistance,...
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Addressing ‘Colonial Crimes’ through Reparations?
in Journal of International Criminal Justice
July 2012; p ublished online June 2012 .
Journal Article. Subjects: Criminal Law; International Law. 6072 words.
In 2011, Dutch history came to the courtroom. In the so-called Rawagede case, reparations were asked of the Dutch state for mass executions committed on 9 December 1947 in Indonesia under...
Addressing White Collar Crime on a Domestic Level
in Journal of International Criminal Justice
July 2010; p ublished online July 2010 .
Journal Article. Subjects: Criminal Law; International Law. 6561 words.
Combating white-collar crime appears on the agenda of any legislator. Since major commercial enterprises now operate transnationally, the efforts to prosecute and punish business crimes are...
Admissibility of Evidence, Standard of Proof, and Nature of the Decision in the ICC Confirmation of Charges in Lubanga
in Journal of International Criminal Justice
July 2008; p ublished online July 2008 .
Journal Article. Subjects: Criminal Law; International Law. 7459 words.
On 29 January 2007, Pre-Trial Chamber I of the International Criminal Court issued the decision on the confirmation of charges in the Lubanga case, committing the suspect for trial for the...
Admission of Guilt before the ICC and in Continental Systems
in Journal of International Criminal Justice
December 2004; p ublished online December 2004 .
Journal Article. Subjects: Criminal Law; International Law. 0 words.
After noting that the Statute of the International Criminal Court is clearly of common law inspiration on this matter, the author shows that the purpose and utility of a simplified...
‘Admission’ v. ‘Submission’ of Evidence at the International Criminal Court
in Journal of International Criminal Justice
May 2018; p ublished online May 2018 .
Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 12449 words.
Abstract
A recent string of decisions by Trial Chambers of the International Criminal Court moves away from the classic common law rooted approach to...
Adopting Incitement to Commit War Crimes
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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Advancing International Criminal Law
in Journal of International Criminal Justice
November 2008; p ublished online January 2009 .
Journal Article. Subjects: Criminal Law; International Law. 4969 words.
The Appeals Chamber of the Special Court for Sierra Leone (SCSL) in Brima, Kamara and Kanu recognized that forced marriages may amount to crimes against humanity, falling under the...
Advantages and Risks of Proliferation: A Blueprint for Action
in Journal of International Criminal Justice
June 2004; p ublished online June 2004 .
Journal Article. Subjects: Criminal Law; International Law. 0 words.
Advising Defendants about Guilty Pleas before International Courts
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...
Aesthetics (Theary Seng, Vann Nath, and Victim Participation)
in The Justice Facade
March 2018; p ublished online May 2018 .
Chapter. Subjects: Public International Law; Criminal Law. 9538 words.
The second part of the book, “Turbulence,” centers on the transitional justice encounter of three survivors (Theary Seng, Vann Nath, and Bou Meng) involved in victim participation at the...
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The African Union and Universal Jurisdiction
in The International Criminal Court and Africa
October 2017; p ublished online November 2017 .
Chapter. Subjects: Public International Law; Criminal Law. 16152 words.
Universal jurisdiction permits states to investigate and prosecute perpetrators of certain widely condemned offences, irrespective of whether they possess any of the traditional...
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The African Union, the Security Council, and the International Criminal Court
in The International Criminal Court and Africa
October 2017; p ublished online November 2017 .
Chapter. Subjects: Public International Law; Criminal Law. 17526 words.
This chapter analyses the controversies surrounding the work of the African Union, the Security Council, and the International Criminal Court. It examines whether the legal justifications...
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After Kiobel
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...
After the Honeymoon
in Journal of International Criminal Justice
July 2013; p ublished online June 2013 .
Journal Article. Subjects: Criminal Law; International Law. 4853 words.
At the turn of the millennium, international criminal justice (ICJ) was in its honeymoon; today it seems that the honeymoon is over. What comes after the honeymoon? By now we have learned...
