Applying the Death Penalty to Crimes of Genocide

@article{Ohlin2005ApplyingTD,
  title={Applying the Death Penalty to Crimes of Genocide},
  author={Jens David Ohlin},
  journal={American Journal of International Law},
  year={2005},
  volume={99},
  pages={747 - 777}
}
  • J. Ohlin
  • Published 1 October 2005
  • Political Science, Law
  • American Journal of International Law
After the Rwandan genocide of 1994, the United Nations Security Council moved quickly to establish an international tribunal to indict the architects of the slaughter. Whether motivated by a sincere desire for international justice or a self-serving desire to assuage international guilt for the lack of significant military intervention, one thing is clear: the Security Council began a program that, when coupled with its establishment of the International Criminal Tribunal for the Former… 

Domestic Prosecution of International Crimes: The Case of Rwanda

This contribution provides a comprehensive synopsis of the legal path which Rwanda took after the genocide in 1994. It critically assesses the work of all three judicial branches which were active in

Can we end the death penalty? The role of NGOs in the world-wide campaign

The death penalty that as recently as the end of the Second World War was prevalent and largely uncontested is now at a point where universal abolition appears to be achievable. The causes of the

‘Upholding the Cause of Civilization’: The Australian Death Penalty in War and Colonialism

  • M. Finnane
  • Political Science, History
    International Journal for Crime, Justice and Social Democracy
  • 2022
The abolition of the death penalty in Queensland in 1922 was the first in Australian jurisdictions, and the first in the British Empire. However, the legacy of the Queensland death penalty lingered

Retribution's Role

For many decades, criminal law scholars have directed their efforts at finding a philosophical justification of criminal punishment. This endeavor has created a split between retributivists (who deem

Transnational Networks and International Criminal Justice

The theory of trans-governmental networks describes how elements within the governments of various nations make and affect policy by coordinating with each other informally, without official or

Sentencing, Punishment, and Appeals

This chapter will explore international criminal sentencing at the Trial Chamber and subsequent proceedings before the Appeals Chamber . The Rome Statute provides some boundaries for appropriate

An Opening: The Death Penalty in an Era of Democratization

The end of the Cold War brought an opening, as African countries restored civilian rule, multiparty politics, and market economies. New constitutional orders provided the best opportunity since

The Council of Europe and the death penalty : the relationship of state sovereignty and human rights

This study investigates the processes of the removal of the death penalty within the Council of Europe and its Member States. An evaluation is conducted of the relationship of sovereignty and the

Civil Rights in International Law: Compliance with Aspects of the "International Bill of Rights"

International law has developed what many might consider a constitutional understanding of individual civil rights that individuals can claim vis-à-vis their own governments. This article discusses

Specially-Affected States and the Formation of Custom

  • K. Heller
  • Law
    American Journal of International Law
  • 2018
Abstract Although the United States has relied on the ICJ's doctrine of specially-affected states to claim that it and other powerful states in the Global North play a privileged role in the

References

SHOWING 1-10 OF 96 REFERENCES

Niyonteze v. Public Prosecutor

  • Luc Reydams
  • Political Science, History
    American Journal of International Law
  • 2002
The conviction in Niyonteze v. Public Prosecutor for war crimes committed in an internal armed conflict is the first by a municipal court exercising universal jurisdiction under the 1949 Geneva

On the Current Trends towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law

This article focuses on the problems of, and prospects for, the enforcement of international humanitarian law through the prosecution and punishment of individuals accused of violations of

International Law and Abolition of theDeath Penalty

I. Introduction The Universal Declaration of Human Rights (Universal Declaration), adopted December 10, 1948, proclaimed that "[e]veryone has the right to life" and "[n]o one shall be subjected to

The Soering Case

  • R. Lillich
  • Law
    American Journal of International Law
  • 1991
The unanimous judgment of the European Court of Human Rights in the Soering case, handed down on July 7, 1989, holds that Great Britain’s extradition of the applicant to the United States to stand

Punishment Postgenocide: From Guilt to Shame to 'Civis' in Rwanda

Following the 1994 Rwandan genocide, national and international trials set out to encourage national reconciliation, promote peace, punish perpetrators, foster a culture of human rights, and effect

Justice and Reconciliation In the Great Lakes Region of Africa: The Contribution of the International Criminal Tribunal for Rwanda

The end of the Cold War, which paralyzed the United Nations from its inception, was a cause for celebration and hope. Following the historic Security Council Summit Meeting of January 1992, the then

Human Rights Compliance and the Gacaca Jurisdictions in Rwanda

Following the 1994 genocide in Rwanda, the Government of National Unity embarked upon the ambitious task of trying over 100,000 detainees suspected of participating, at some level, in the genocide.

In Defense of International Rules on the Use of Force

The Nuremberg principles that emerged at the end of World War II were hailed as a momentous advance toward an effective rule of law in international society. They affirmed in unmistakable terms that

The Abolition of the Death Penalty: Does "Abolition" Really Mean What You Think it Means?

Human rights, in all that the phrase embodies, represent a massive and constantly growing body of law. The protection of human rights is constantly expanding, and though obviously of local and

Dilemmas of Transitional Justice: The Case of South Africa's Truth and Reconciliation Commission

After almost three years of work, South Africa's Truth and Reconciliation Commission (TRC) delivered its final report to President Nelson Mandela on 29 October 1998. The delivery occurred amid
...