Albany Law Review

A student-run journal that publishes critical and analytical articles written by judges, lawyers, and law school professors, as well as notes and comments on legal topics written by Law Review members and other Albany Law School students. Academic and pro

Articles from Vol. 60, No. 3, Spring

A Critical Race Feminist Conceptualization of Violence: South African and Palestinian Women
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 responsibility under...
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Conceptualizing Private Violence against Sexual Minorities as Gendered Violence: An International and Comparative Law Perspective
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 and non-violent...
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Conceptualizing Violence: Present and Future Developments in International Law
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 assembled....
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Conceptualizing Violence under International Law: Do Tort Remedies Fit the Crime?
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 which is annexed,...
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Culture Confronts the International
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 death by...
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Didactic and Dissident Histories in War Crimes Trials
"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 "Anecdotes of...
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Genocidal Violence in Burundi: Should International Law Prohibit Domestic Humanitarian Intervention?
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 comprised almost...
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Genocide, Rape, and Crimes against Humanity: An Affirmation of Individual Accountability in the Former Yugoslavia in the Karadzic Actions
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 Europe....
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International Criminal Tribunals: A Jurisprudential Thought
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 criminal...
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It's No Defense: Nullum Crimen, International Crime and the Gingerbread Man
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 pertain because...
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Radical Rules: The Effects of Evidential and Procedural Rules on the Regulation of Sexual Violence in War
"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 the territory...
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Selective Reaction to Atrocity: War Crimes and the Development of International Criminal Law
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 paid to Reason.(1)...
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Sex, Culture, and Rights: A Re/conceptualization of Violence for the Twenty-First Century
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 domestically and...
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The Prosecutor V. Dusko Tadic: An Appraisal of the First International War Crimes Trial since Nuremberg
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 million...
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The Role of Market Forces in Transnational Violence
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 the...
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The Tribunal and the ICC: Do Precedents Matter?
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 (ICC).(1)...
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Violence against Aboriginal Women in Australia: Possibilities for Redress within the International Human Rights Framework
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 towards the...
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Violence against Women and the Asylum Process
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 the...
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Violence and the International World
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 concern...
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War Crimes, Crimes against Humanity and the Death Penalty
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 widespread...
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