the convention on the prevention and punishment of the crime of genocide was adopted by the un general assembly in december 1948. in former yugoslavia and rwanda occurred many heinous crimes and majority ruling powers tried to destroy molem and totsi minority groups. the un security council established the international criminal tribunal for the former yugoslavia (icty) and rwanda (ictr). the u...

The post-World War II trials established many important principles. Specifically, they defined crimes against humanity as part of customary law or of general principles of law, rendered unavailable certain defenses such as superior orders, and established notions of criminal participation through the principle of command responsibility. However, the international tribunals at Nuremberg and Toky...

This article is devoted to the analysis of sources field civil procedural law Ukraine and outline role court precedent among them. A schematic normative legal acts, international treaties, customs judicial acts as carried out. The importance noted, where norms law, which systematically regulate procedure for consideration resolution cases, are located most. An codified non-codified laws out, it...

Lower courts supposedly follow Supreme Court precedent—but they often don’t. Instead of adhering to the most persuasive interpretations of the Court’s opinions, lower courts often adopt narrower readings. For example, recent courts of appeals’ decisions have narrowly interpreted the Court’s rulings on police searches, gun control, and campaign finance. This practice—which I call “narrowing from...

Mental health courts are the most recent development in therapeutic courts [1]. While mental health courts vary in their characteristics, they rest on the assumption that creating access to treatment for defendants is an important strategy in reducing recidivism. Mental health courts differ from traditional criminal courts in a number of important ways. The most significant is that the judge an...

Different nations’ tendency to expand their judicial and legislative territory outside their ruling kingdom has caused conflicts in the criminal qualification and the coming into existence of legal bad effects. Among these bad effects is the double or additional punishment of someone who has been tried and received their penalty in another country before, which is at odds with the principles of...