CORNELL INTERNATIONAL LAW JOURNAL最新文献_第4页

Individuals as Subjects of International Law 个人作为国际法的主体

CORNELL INTERNATIONAL LAW JOURNAL Pub Date : 2008-03-04 DOI: 10.2139/SSRN.1101693

M. Janis

引用次数: 18

Another Kind of Justice: Transitional Justice as Recognition 另一种正义:作为承认的过渡正义

CORNELL INTERNATIONAL LAW JOURNAL Pub Date : 2007-01-01 DOI: 10.2139/SSRN.1458308

F. Haldemann

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引用次数: 41

Iraq’s Constitution: A Drafting History 伊拉克宪法:起草历史

CORNELL INTERNATIONAL LAW JOURNAL Pub Date : 2007-01-01 DOI: 10.2139/SSRN.3068137

A. Deeks, M. Burton

引用次数: 25

Errors and Missteps: Key Lessons the Iraqi Special Tribunal Can Learn from the ICTY, ICTR and SCSL 错误和过失:伊拉克特别法庭可从前南问题国际法庭、卢旺达问题国际法庭和特别法庭吸取的主要教训

CORNELL INTERNATIONAL LAW JOURNAL Pub Date : 2005-09-01 DOI: 10.2139/SSRN.804607

M. Scharf, Ahran Kang

{"title":"Errors and Missteps: Key Lessons the Iraqi Special Tribunal Can Learn from the ICTY, ICTR and SCSL","authors":"M. Scharf, Ahran Kang","doi":"10.2139/SSRN.804607","DOIUrl":"https://doi.org/10.2139/SSRN.804607","url":null,"abstract":"In a few months, the trial of Saddam Hussein and other former Iraqi regime leaders will begin before the Iraqi Special Tribunal (IST). The IST is a unique \"internationalized-domestic tribunal\" whose Statute and Rules of Procedure are modeled upon the UN-created Yugoslavia War Crimes Tribunal (ICTY), Rwanda Genocide Tribunal (ICTR), and the Special Court for Sierra Leone (SCSL), but whose judges are all Iraqis and whose courtroom is in Baghdad. There is much the IST can learn both from the successes and missteps of the ICTY, ICTR, and SCSL; many of the issues that will arise in the trials of Saddam Hussein and other Ba'ath party leaders have been tested in the real-world judicial laboratory of the three ad hoc tribunals. This article thus analyzes the experience of the ICTY, ICTR, and SCSL with respect to the following ten questions: (1) What is the most effective prosecutorial strategy for the trial of Saddam Hussein; (2) How should the IST handle challenges to its legitimacy; (3) Must the IST permit Saddam Hussein to act as his own lawyer; (4) should the IST televise its proceedings; (5) should the IST employ international trial observers; (6) what steps should the IST take to protect witnesses; (7) should the IST employ plea bargaining; (8) should the IST employ a hearsay rule; (9) should the IST take judicial notice of certain historic facts; and (10) how should the IST handle some of the unique defenses that are often raised in war crimes trials such as the tu quoque (you also) defense.","PeriodicalId":45714,"journal":{"name":"CORNELL INTERNATIONAL LAW JOURNAL","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2005-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67832627","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

The Law and Politics of Contemporary Transitional Justice 当代过渡时期司法的法律与政治

CORNELL INTERNATIONAL LAW JOURNAL Pub Date : 2005-01-01 DOI: 10.1093/acprof:oso/9780195394948.003.0007

Ruti G. Teitel

引用次数: 54

Theory in Search of Practice: The Right of Innocent Passage in the Territorial Sea 寻求实践的理论:领海无害通过权

CORNELL INTERNATIONAL LAW JOURNAL Pub Date : 2005-01-01 DOI: 10.1007/3-540-33192-1_4

K. Agyebeng

引用次数: 19

Global Criminal Justice: An Idea Whose Time Has Passed 全球刑事司法:一个过时的理念

CORNELL INTERNATIONAL LAW JOURNAL Pub Date : 2005-01-01 DOI: 10.4324/9781315254081-10

J. Rabkin

引用次数: 19

Misapplied ethical considerations: U.S. federal stem cell mandates lack global focus and market foresight. 误用伦理考虑:美国联邦干细胞法规缺乏全球关注和市场远见。

CORNELL INTERNATIONAL LAW JOURNAL Pub Date : 2004-01-01

Heather L Fowler

引用次数: 0

Limiting attacks on dual-use facilities performing indispensable civilian functions 限制攻击具有不可或缺民用功能的两用设施

CORNELL INTERNATIONAL LAW JOURNAL Pub Date : 2002-12-01 DOI: 10.1093/acprof:oso/9780198767626.003.0015

H. Shue, D. Wippman

引用次数: 23

The Role of Reciprocity in International Law 互惠在国际法中的作用

CORNELL INTERNATIONAL LAW JOURNAL Pub Date : 2002-04-12 DOI: 10.2139/SSRN.307141

F. Parisi, Nita Ghei

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引用次数: 39