the international criminal court , which is part of the fourth generation of the criminal courts, plays a prominent role in the institutionalization of international humanitarian law (ihl). hence, it was expected that negotiators utilized from previous criminal tribunals experiences and they terminated in the distinctions between gross breaches of international humanitarian law. it was expected...

This dissertation is a study into the casuistry of substantive international criminal law. It analyses how international criminal courts use the facts of individual cases to shape and develop individual criminal liability for international crimes – that is, war crimes, crimes against humanity, genocide and the crime of aggression. Chapter I is the prologue to the study. It sketches the backgrou...

the legal system of any given society, whether national or international, requires that legal disputes between the parties must be finally concluded and settled. abiding by judgments made by international courts and prevention of contradictory judgments are related to international public order. variety of international courts, arbitration tribunals and commissions increases the possibility of ...

The legal 'tests' for suicide liability in negligence and workmen's compensation law have developed along parallel, but not identical, lines to the tests for criminal responsibility. Current legal precedent has shifted the focus from cognitive awareness and irresistible impulse theories to the ability of a negligent act or injury to cause an abnormal mental state. The courts, in their variable ...

International courts have proliferated in the international system in the past century, with one hundred judicial or quasi-judicial bodies currently in existence. While the supply of international courts has increased substantially, state level support for international courts varies across states, across courts, and over time. This paper focuses on the cross-sectional and temporal variation in...

The number of mental health courts in the United States is rapidly increasing, from one in 1997 to nearly 100 in 2004. However, to date there is comparatively little research regarding these specialty courts. The present study reports data on the referral and disposition decision-making processes of seven mental health courts. Information on all referrals to the seven courts over a three-month ...

The doctrine of precedent, as it has evolved within the common law, has at its heart a form of reasoning—broadly speaking, a logic—according to which the decisions of earlier courts in particular cases somehow generalize to constrain the decisions of later courts facing different cases, while still allowing these later courts a degree of freedom in responding to fresh circumstances. Although th...

What can the enlightened sectors of the international community do to prevent and halt the proliferation of genocides and massive human rights violations around the planet? We evade the obvious, albeit costliest answer—to arrest them before, or at least while they are happening, by any means necessary: to stop them by stopping them. Instead, we focus on actions after the fact. One method, which...