Individual Responsibility in International Law for Serious Human Rights Violations. By Lyal S. Sunga. Dordrecht, Boston, London: Martinus Nijhoff Publishers, 1992. Pp. xxii, 222. Index. $82.50
American Journal of International Law, 1994
Abbreviations. Table of Treaties, Table of Cases. Resolutions of UN General Assembly. I. Introduc... more Abbreviations. Table of Treaties, Table of Cases. Resolutions of UN General Assembly. I. Introduction. II. Individual Responsibility in Positive Laws of War. III. Individual Responsibility in International Human Rights Law. IV. Patterns of Implementation. V. Codification of International Responsibility. VI. The Position of the Individual in International Law. VII. Emergence of a General Rule of Individual Responsibility for Serious Human Rights Violations. Annex: Draft Code of Crimes against the Peace and Security of Mankind. Bibliography. Index.
This article is an open access article distributed under the terms and conditions of the Creative... more This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY
Commentary: The Čelebići Case: A Comment on the Main Legal Issues in the ICTY's Trial Chamber Judgment
Leiden Journal of International Law, 2000
The Čelebići Trial Judgment, rendered by the International Criminal Tribunal for the Former Yugos... more The Čelebići Trial Judgment, rendered by the International Criminal Tribunal for the Former Yugoslavia – the first ever to involve the joint trial of more than one accused – considers numerous important issues, from the method of interpreting international criminal law, the meaning and interrelationship between Articles 2 and 3 of the Statute, the character of the armed conflict and the status of “protected persons”, to many difficult questions surrounding the heinous acts perpetrated in Čelebići Camp. This comment analyzes the reasoning of the Trial Chambers to critically evaluate the significance of this fascinating case for the future development of international criminal law doctrine.
International Journal on Minority and Group Rights, 2014
Does climate change create conditions in which ethnic groups, particularly in developing countrie... more Does climate change create conditions in which ethnic groups, particularly in developing countries, become more likely to struggle for scarce resources which can then spur ethnically motivated violence and serious atrocities? Or is the relation between climate change and atrocities, if there is one, far more complex and perhaps indirect? How should climate change be viewed as a risk factor for the onset of violent ethnic conflict? What practical relevance could climate change effects have on early warning and prevention of serious human rights violations including crimes against humanity and genocide? The author first considers whether climate change science warnings deserve to be taken seriously before reviewing empirical studies focussing on the supposed link between climate change and ethnic conflict. Second, he argues that it is valuable to treat climate change as a possible risk factor for ethnic conflict situations in which crimes against humanity or genocide might be perpetra...
European Journal of Crime, Criminal Law and Criminal Justice, 1998
Among the main points of contention during the drafting process, both at the Preparatory Committe... more Among the main points of contention during the drafting process, both at the Preparatory Committee stage in New York and in the Rome Conference, were which crimes under international law should be included in the jurisdiction of the permanent International Criminal Court, how should they be defined, to whom should the rules apply (i.e. crimes committed by whom against whom?), and when and where do they apply (i.e. under what kinds of circumstances?). The purpose of the present enquiry is to indicate the extent to which the crimes listed and defined in the Rome Statute reflect the established norms of international law, and if they differ, how and why. In order to evaluate the degree of fidelity of the Rome Statute's jurisdiction ratione materiae to the lex lata, it is necessary to review Articles 5 to 10 of the Rome Statute against the backdrop of established international criminal law norms. Moreover, to understand why there may be certain discrepancies or divergences between the Rome Statute régime and general international law, it is valuable to consider a number of specific issues along the way, in particular, the crimes selected for inclusion in the Statute, the controversy over the crime of aggression, and the often heated debate that went on in the drafting process over the scope and application of provisions prohibiting crimes against humanity and war crimes.
Full terms and conditions of use: http://www.informaworld.com/terms-and-conditions-of-access.pdf ... more Full terms and conditions of use: http://www.informaworld.com/terms-and-conditions-of-access.pdf This article may be used for research, teaching and private study purposes. Any substantial or systematic reproduction, redistribution , reselling , loan or sub-licensing, systematic supply or distribution in any form to anyone is expressly forbidden. The publisher does not give any warranty express or implied or make any representation that the contents will be complete or accurate or up to date. The accuracy of any instructions, formulae and drug doses should be independently verified with primary sources. The publisher shall not be liable for any loss, actions, claims, proceedings, demand or costs or damages whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of the use of this material.
In this essay, the author reviews and critically assesses the book Yugoslavia: Peace, War, and Di... more In this essay, the author reviews and critically assesses the book Yugoslavia: Peace, War, and Dissolution, authored by Noam Chomsky and edited by Davor Dzalto. The author also points to the importance and value of the book for the field of political theory, international relations and Yugoslav studies, examining at the same time particular concepts (such as ?genocide?) within the broader context of legal theory and international law.
Can Human Rights NGOs Be Trusted in the Corridors of the United Nations and International Criminal Justice Institutions?
Partnerships in International Policy-Making, 2016
Governments around the world have been shortening the leash on human rights non-governmental orga... more Governments around the world have been shortening the leash on human rights non-governmental organization (NGO) watchdogs. Some see NGOs working in the field of human rights, and more recently, those working to fight impunity for serious violations, as Trojan Horses for foreign intervention in their internal affairs. Many worry that NGOs dictate United Nations (UN) human rights and international criminal justice policy, force a Western agenda on countries of the Global South and undermine their national security and sovereignty. Have human rights NGOs become too numerous and too powerful in international and regional policy-making fora? Are they accountable to anyone? Are they really objective and independent? To discover whether or not human rights NGOs can be trusted in the corridors of the UN and international criminal justice institutions, Lyal S. Sunga looks beyond rhetoric and reaction to explore how and why human rights NGOs came to acquire the influence they currently wield, the kinds of NGO issue states argue about in the UN accreditation process, and the many ways in which NGOs interact with the UN human rights system and international criminal justice institutions.
Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy, by S.R. Ratner & J.S. Abrams. Clarendon Press, Oxford, 1977, ISBN 0-198265506, xxxv and 368 pp., US$ 89/£55
The author argues that the relationship between climate change and the deaths in Darfur is less d... more The author argues that the relationship between climate change and the deaths in Darfur is less direct than some accounts suggest. While 'ontological vulnerability' theory is not without promise for understanding the relationship between climate change and its effects on human populations, the theory requires supplementation with the kind of empirical work reflected in vulnerability and adaptation science. The author suggests that existing international legal arrangements offer a well-established, accepted and universal normative, theoretical and practical framework to help understand and address the relationship between climate change and human well-being in general and between climate change and the outbreak of ethnic armed conflict in particular.
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