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作者:Crook, JR
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作者:[Anonymous]
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作者:Reisman, WM
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作者:Karnavas, MG
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作者:Udombana, NJ
作者单位:University of Lagos
摘要:After reviewing the African Commission on Human and Peoples' Rights' application of the exhaustion of local remedies rule and comparing it to the practice of other human rights bodies, the author recommends a context-sensitive and flexible approach that can maximize the promotion and protection of human rights by avoiding inadmissibility decisions at the international level when local remedies are ineffective.
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作者:Aceves, WJ
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作者:Danner, AM
作者单位:Vanderbilt University
摘要:Enhancing the Legitimacy and Accountability of Prosecutorial Discretion at the International Criminal Court Allison Marston Danner This article inquires into both the political accountability of the ICC Prosecutor regarding the considerable discretion invested in him by the Rome Statute and the extent to which he will be able to claim legitimacy. The author argues that the Prosecutor can contribute to the ICC's legitimacy through good process, which should include the public articulation of pr...
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作者:Marcus, D
摘要:The author argues that international criminal law assigns individual responsibility to those who deliberately or recklessly create, prolong, or inflict faminogenic conditions. After demonstrating with three case studies how famines often arise out of gross human rights violations, the author defines two degrees of famine crimes corresponding to mental states of knowledge and recklessness and locates in existing international criminal law the elements of the two definitions. The article conclud...
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作者:Carozza, PG
作者单位:University of Notre Dame
摘要:Thanks to its capacity to embrace a conception of common good, consonant with human rights, while still affirming and protecting the pluralism of the global community, the idea of subsidiarity, more than classic notions of state sovereignty, can help to understand and evaluate the fundamental structure of international human rights law.
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作者:Lewis, MW
摘要:The Law of Aerial Bombardment in the 1991 Gulf War Michael W. Lewis The author analyzes the extent to which the air campaign in the 1991 Gulf war conformed with international law, describing the role and effectiveness of the judge Advocate General's Corps in advising commanders on the law of armed conflict. After discussing the merits of various criticisms of the campaign, he concludes that it was conducted with appropriate legal oversight, but that even appropriate legal oversight cannot prev...