Albany Law Review articles from March 1997

Albany Law Review archives from March 1997

Violence and the international world.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... The language of international law is changing. Violence against persons and force among nation states are, of course, endemic to domestic societies and to the international order, but international law has begun to reflect and promote a novel...

Conceptualizing violence: present and future developments in international law.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... Thank you, Professor Halewood. As the beneficiary, I am pleased that introductions are not made under oath. My assignment is to introduce the Symposium and to strike a key note. I leave the difficult part to the fine instrumentalists here...

Conceptualizing violence under international law: do tort remedies fit the crime?(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... TORT A private or civil wrong or injury, . . . for which the court will provide a remedy in the form of an action for damages.(1) CRIME [A]n act committed or omitted in violation of a law forbidding or commanding it, and to...

Sex, culture, and rights: a re/conceptualization of violence for the twenty-first century.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... I. INTRODUCTION The central theme of this Article, "Sex, Culture, and Rights: A Re/conceptualization of Violence,"(1) is that a re/vision of acts that constitute violence against women is necessary for gender equality--both...

The role of market forces in transnational violence.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... The idea of a free market has been one of the most influential and successful in history. According to many, it is one of the three fundamental characteristics that define the industrialized democracies--along with representative democracy and...

International criminal tribunals: a jurisprudential thought.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... After hearing the insightful presentations of the panel participants, I am struck by how humbling a subject this is for lawyers. In a very real sense, it tests the limits of what we as lawyers think of as "law." Are proceedings international...

It's no defense: nullum crimen, international crime and the gingerbread man.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... INTRODUCTION The primary focus of this Article is on certain alleged claims of defense or of international crime. In the past, certain defendants, such as foreign officials, have made claims that domestic sanctions should not...

Selective reaction to atrocity: war crimes and the development of international criminal law.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... That four great nations flushed with victory and stung with injury stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law is one of the most significant tributes that Power has ever...

War crimes, crimes against humanity and the death penalty.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... I. INTRODUCTION There can be no more dramatic evidence of the progress and evolution of human rights norms than in the fact that the first international war crimes tribunals, created in the aftermath of the Second World War, made...

Genocidal violence in Burundi: should international law prohibit domestic humanitarian intervention?(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... Nowhere else in Africa has so much violence killed so many people on so many occasions in so small a space as in Burundi during the years following independence.(1) On July 25, 1996, leaders of the Burundian Army, which is...

Didactic and dissident histories in war crimes trials.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... "All sorrows can be borne if you put them into a story or tell a story about them." The story reveals the meaning of what otherwise would remain an unbearable sequence of sheer happenings.... All her stories are actually...

The tribunal and the ICC: do precedents matter? (International Criminal Court)(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... INTRODUCTION Conventional wisdom has it that the success, or failure, of the ad hoc Criminal Tribunal for the Former Yugoslavia (the Tribunal) will have a critical impact on the establishment of a permanent International Criminal Court...

The Prosecutor v. Dusko Tadic: an appraisal of the first international war crimes trial since Nuremberg.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... I. INTRODUCTION During the twentieth century, four times as many civilians have been victims of war crimes and crimes against humanity than were soldiers killed in all the international wars combined.(1) After the Nazis exterminated 6...

Radical rules: the effects of evidential and procedural rules on the regulation of sexual violence in war.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... "The horror of that moment," the King went on, "I shall never, never forget!" "You will, though," the Queen said, "if you don't make a memorandum of it."(1) The International Criminal Tribunal adjudicating war crimes committed on...

Culture confronts the international.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... Shortly before this Albany Law Review Symposium, the New York Times reported the death sentence given to two accused adulterers in Afghanistan.(1) The couple had been found guilty of having an adulterous relationship and were sentenced to...

Violence against aboriginal women in Australia: possibilities for redress within the international human rights framework.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... It was a cold winter night in 1989 in a Central Australian Aboriginal community. Although late, muted sounds of fighting could still be heard coming from the camps. Suddenly the screams of a woman rent the air as she ran ...

A critical race feminist conceptualization of violence: South African and Palestinian women.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... I. INTRODUCTION Until very recently, violence against women was not thought of as a proper subject for international human rights law. There were three interrelated reasons for this exclusion: traditional concepts of state...

Violence against women and the asylum process.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... Perhaps no area of public legislation generates as much controversy, or attracts as much rhetoric, as immigration. Immigration is perceived as the eve of who we are as a nation. Legal norms governing the movement and migration of people across...

Conceptualizing private violence against sexual minorities as gendered violence: an international and comparative law perspective.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... I. INTRODUCTION To the extent that violence against women and sexual minorities(1) is predicated upon assumptions of a polar construction of gender,(2) in which nonconformity with gender role expectations is enforced through violent...

Genocide, rape, and crimes against humanity: an affirmation of individual accountability in the former Yugoslavia in the Karadzic actions.(Conceptualizing Violence: Present and Future Developments in International Law)
March 22, 1997... I. INTRODUCTION The United States has the opportunity to make a positive, definitive, and necessary statement in the realm of fundamental human rights law. After a history of conflict, there is "[o]nce again . . . genocide occurring in...