Reparations for Afghan Victims of Australian War Crimes [PDF]
, 2023 Briefing Paper prepared for the University of Newcastle (Australia)’s Centre for Law and Social Justice webinar on reparations for war crimes in Afghanistan held on 28 April ...
Fowler, A.
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Victoria University of Wellington Law Review, 1995 This article examines the status of crimes against humanity in New Zealand and international law at the time of the Second World War. It argues, on the basis of an historical examination of the laws and customs of war, that crimes against humanity were established in customary international law over 100 years before the War. This conclusion effectively
Gilbertson, Tristan
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Order versus Justice: An Assessment of the Challenges Faced by The Commission of Experts and The International Criminal Tribunal for the former Yugoslavia During Their Attempts to Investigate and Prosecute Atrocity Crimes [PDF]
, 2006 The English School focuses on the issue of humanitarian intervention, because "it poses the conflict between order and justice in international relations in its starkest form.
Cinnamond, Martin
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Australian War Crimes in Afghanistan: Prosecutions Face an Uncertain Road Ahead [PDF]
, 2021 The article discusses the potential for prosecutions of Australian Special Forces members for war crimes in Afghanistan in the wake of the Brereton Inquiry Report, released in late ...
Fowler, A.
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Animating the U.S. War Crimes Act [PDF]
, 2021 All war crimes are challenging to prosecute. Typical reasons include the technicality of some constitutive elements, the difficulties of amassing sufficient evidence, the vagaries of unreliable or unavailable witnesses, and the often-impenetrable khaki ...
Van Schaack, Beth
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U.S. Recognition of a Commander’s Duty to Punish War Crimes [PDF]
, 2021 This article explores the United States\u27 recognition of the doctrine of command responsibility. The doctrine has been invoked by those alleging that President Trump’s pardons of U.S.
Finucane, Brian
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Processing War Crimes in front of National Courts in the Region – Between International Obligations and Real Politics [PDF]
Historijski pogledi, 2023 The fight against impunity for war crimes is one of the basic principles of international law. The criminal prosecution of the perpetrators of these crimes stems from international obligations that states have for the purpose of establishing facts and ...
Sabina Subašić Galijatović
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The Accountability Turn in Third Wave Human Rights Fact-Finding
Utrecht Journal of International and European Law, 2017 Whereas the characteristics of human rights fact-finding largely vary depending on the typology and scope of the entity that carries it out, consensus seems to be developing that a common set of challenges to human rights fact-finding exists.
Federica D'Alessandra
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The Urgency of War Crimes Regulation in Indonesian Criminal Law
Fiat Justisia, 2023 Indonesia's Law Number 26 of 2000 concerning the Human Rights Court aligns with the principles of the Rome Statute but does not address war crimes, which are specifically regulated by the Rome Statute. Given that war crimes do not have an expiration date,
Desia Rakhma Banjarani +3 more
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War crimes and spirituality: to prosecute or to forgive and reconcile
Law and Safety, 2023 Conducting investigations on war crimes has a clear goal of establishing facts on crimes, perpetrators, and victims. On the other hand, the question of forgiveness and reconciliation, as essential conditions for re-establishing the coexistence of former ...
Goran Šimić
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