Judicial decisions of the International Criminal Court (ICC) and other international criminal tri... more Judicial decisions of the International Criminal Court (ICC) and other international criminal tribunals now serve as instances of practice and statements of opinio juris for the formation of customary international criminal law and customary international human rights law related to criminal law and procedure. In these areas of law and others, they are no longer "subsidiary" sources as that word is used in Article 38 of the Statute of the International Court of Justice (ICJ).' In the same fields of customary international law, other binding acts of international organizations, such as the United Nations Security Council ("Security Council"), are also used as practice, and the statements of these organizations are used as opinio juris. Where judicial and quasi-judicial decisions of international * Professor, University of Arkansas at Little Rock, William H. Bowen School of Law, 1201 McMath Ave., Little Rock, AR 72202-5142, USA. Phone: 1-501-324-9912. E-mail: k...
Crime control thro11gh lmr enforcement is generally considered to be a two-part process of appre ... more Crime control thro11gh lmr enforcement is generally considered to be a two-part process of appre hending and incapacitating or rehabilitating the gLtilt y , and deterring the innocent f r om crime by the ihreat of punishment. The analysis presented here slwws that the protection of the innocent from harass ment-detention, arresr. p11nishment, and other inrrusions by the criminal justice system-is important in deterring crime. Spec(fically, the analysis shoH•s that deterrence from crime is weakened and then lost /or a rational indii•idual ,,•ho holds the majorit y arritude roward risk, if the levels of rightful punishment and-..,, 1-rongfLtl harassmem are increased, as in a war 011 crime, and the likelihoods of wrongful and right ful pLtnishment are reasonably close. The analysis is employed ro show how the perceived likelihood of harassment may be a comributing factor to the disproponionarely high representation of minoriry groups in the U.S. prison s y stem.
Appeals in the Ad Hoc International Criminal Tribunals: Structure, Procedure, and Recent Cases
J. App. Prac. & Process, 2001
... Kenneth S. Gallant is a Professor of Law at the University of Arkansas at Little Rock William... more ... Kenneth S. Gallant is a Professor of Law at the University of Arkansas at Little Rock William H. Bowen School of Law. The authors wish to thank Stuart Beresford, Andrea Carcano, and XavierTracol for their very helpful comments on an earlier draft of this article. ...
Chapter 4: Modern Development of International Human Rights Law: State Practice Involving Multilateral Treaties and Non-Binding International Documents
The Enforceability Deficit Concerning Victims’ Remedies
International Criminal Law Review
Traditionally, states would not grant enforcement of criminal judgments from other states. As a r... more Traditionally, states would not grant enforcement of criminal judgments from other states. As a result, there has been a large deficit in enforcement of monetary and other remedies for victims of criminal violations of international humanitarian law and international human rights law. In recent decades, there has been some progress in national law and treaty law towards allowing or requiring transnational enforcement of victims’ remedies contained in foreign criminal judgments. This article examines the traditional law, modern progress concerning criminal remedies, and recent United Nations work in the area. Even with modern trends in the international law of criminal enforcement jurisdiction, it may turn out that civil judgments of restitution and reparation will be easier to obtain and enforce than criminal judgments in many, if not most, cases.
Michail Vagias, The Territorial Jurisdiction of the International Criminal Court, Cambridge, Cambridge University Press, 2014, 340 pp., ISBN 9781107034273, (hb), £75.00
Judicial decisions of the International Criminal Court (ICC) and other international criminal tri... more Judicial decisions of the International Criminal Court (ICC) and other international criminal tribunals now serve as instances of practice and statements of opinio juris for the formation of customary international criminal law and customary international human rights law related to criminal law and procedure. In these areas of law and others, they are no longer "subsidiary" sources as that word is used in Article 38 of the Statute of the International Court of Justice (ICJ).' In the same fields of customary international law, other binding acts of international organizations, such as the United Nations Security Council ("Security Council"), are also used as practice, and the statements of these organizations are used as opinio juris. Where judicial and quasi-judicial decisions of international * Professor, University of Arkansas at Little Rock, William H. Bowen School of Law, 1201 McMath Ave., Little Rock, AR 72202-5142, USA. Phone: 1-501-324-9912. E-mail: k...
Crime control thro11gh lmr enforcement is generally considered to be a two-part process of appre ... more Crime control thro11gh lmr enforcement is generally considered to be a two-part process of appre hending and incapacitating or rehabilitating the gLtilt y , and deterring the innocent f r om crime by the ihreat of punishment. The analysis presented here slwws that the protection of the innocent from harass ment-detention, arresr. p11nishment, and other inrrusions by the criminal justice system-is important in deterring crime. Spec(fically, the analysis shoH•s that deterrence from crime is weakened and then lost /or a rational indii•idual ,,•ho holds the majorit y arritude roward risk, if the levels of rightful punishment and-..,, 1-rongfLtl harassmem are increased, as in a war 011 crime, and the likelihoods of wrongful and right ful pLtnishment are reasonably close. The analysis is employed ro show how the perceived likelihood of harassment may be a comributing factor to the disproponionarely high representation of minoriry groups in the U.S. prison s y stem.
Appeals in the Ad Hoc International Criminal Tribunals: Structure, Procedure, and Recent Cases
J. App. Prac. & Process, 2001
... Kenneth S. Gallant is a Professor of Law at the University of Arkansas at Little Rock William... more ... Kenneth S. Gallant is a Professor of Law at the University of Arkansas at Little Rock William H. Bowen School of Law. The authors wish to thank Stuart Beresford, Andrea Carcano, and XavierTracol for their very helpful comments on an earlier draft of this article. ...
Chapter 4: Modern Development of International Human Rights Law: State Practice Involving Multilateral Treaties and Non-Binding International Documents
The Enforceability Deficit Concerning Victims’ Remedies
International Criminal Law Review
Traditionally, states would not grant enforcement of criminal judgments from other states. As a r... more Traditionally, states would not grant enforcement of criminal judgments from other states. As a result, there has been a large deficit in enforcement of monetary and other remedies for victims of criminal violations of international humanitarian law and international human rights law. In recent decades, there has been some progress in national law and treaty law towards allowing or requiring transnational enforcement of victims’ remedies contained in foreign criminal judgments. This article examines the traditional law, modern progress concerning criminal remedies, and recent United Nations work in the area. Even with modern trends in the international law of criminal enforcement jurisdiction, it may turn out that civil judgments of restitution and reparation will be easier to obtain and enforce than criminal judgments in many, if not most, cases.
Michail Vagias, The Territorial Jurisdiction of the International Criminal Court, Cambridge, Cambridge University Press, 2014, 340 pp., ISBN 9781107034273, (hb), £75.00
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