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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...

‘Admission’ v. ‘Submission’ of Evidence at the International Criminal Court

Fabricio Guariglia.

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...

Adverse Impacts on Offense-Based Proportionality and Prison-Use Priorities

Richard S. Frase, Julian V. Roberts and Rhys Hester.

in Paying for the Past

August 2019; p ublished online August 2019 .

Chapter. Subjects: Constitutional and Administrative Law; Criminal Law; Criminology and Criminal Justice. 4625 words.

This chapter shows how powerful criminal history enhancements undermine important goals of guidelines reforms. First, these enhancements undermine the goal of making punishment severity...

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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...

After Kiobel

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...

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...

Alexander Laban Hinton, Man or Monster? The Trial of a Khmer Rouge Torturer

Sabah Carrim.

in Journal of International Criminal Justice

September 2017; p ublished online October 2017 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 1052 words.

Alexis Demirdjian (ed.), The Armenian Genocide Legacy

Nadia Tapia Navarro.

in Journal of International Criminal Justice

September 2017; p ublished online October 2017 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 791 words.

Alison Bisset, Truth Commissions and Criminal Courts

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.

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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An Analysis of the ICC Office of the Prosecutor’s Policy Paper on Case Selection and Prioritization from the Perspective of Business and Human Rights

Nadia Bernaz.

in Journal of International Criminal Justice

July 2017; p ublished online August 2017 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 7330 words.

Abstract

In September 2016, the Office of the Prosecutor of the International Criminal Court issued a Policy Paper on Case Selection and Prioritization in...

Andrew Clapham and Paola Gaeta (eds), The Oxford Handbook of International Law in Armed Conflict

William St-Michel.

in Journal of International Criminal Justice

December 2014; p ublished online October 2014 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 1797 words.

Anne-Marie de Brouwer, Charlotte Ku, Renée Römkens, Larissa van den Herik (eds), Sexual Violence as an International Crime: Interdisciplinary Approaches

Olga Jurasz.

in Journal of International Criminal Justice

May 2014; p ublished online April 2014 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 740 words.

The Anti-slavery Potential of International Criminal Justice

James Cockayne.

in Journal of International Criminal Justice

May 2016; p ublished online May 2016 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 7281 words.

Antonio Cassese and Srebrenica

Luisa Vierucci and Micaela Frulli.

in Journal of International Criminal Justice

September 2016; p ublished online August 2016 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 2068 words.

The authors, students and friends of former ICTY President Antonio Cassese, recall his reaction to the Srebrenica massacres. They reflect on the effect that Srebrenica had on Cassese, as a...

Antonio Cassese Prize for International Criminal Law Studies 2015–2016

in Journal of International Criminal Justice

July 2017; p ublished online September 2017 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 12654 words.

Appendices

in Journal of International Criminal Justice

May 2016; p ublished online May 2016 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 3997 words.

Applicable Law in Practice and Theory

Gudrun Hochmayr.

in Journal of International Criminal Justice

September 2014; p ublished online September 2014 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 13310 words.

Article 21 of the ICC Statute on the law to be applied by the International Criminal Court (ICC) is a complex provision. Falling amongst those contentious issues arising from this Article...

Applying the Genocide Convention at the ICTY

Michelle Jarvis and Alan Tieger.

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. 10611 words.

In the years between the adoption of the Genocide Convention and the establishment of the ad hoc tribunals for the former Yugoslavia and Rwanda (ICTY and ICTR), efforts to apply the...

The arc of civilianization

Eugene R. Fidell.

in Military Justice

October 2016; p ublished online October 2016 .

Chapter. Subjects: Warfare and Defence; Criminal Law. 1589 words.

Since World War II, there has been an accelerating trend toward the assimilation of military and civilian legal systems, with military justice increasingly approximating civilian criminal...

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