Journal of Criminal Law and Criminology

This journal publishes articles in the field of criminal law and criminology, focusing on legal doctrine.

Articles from Vol. 98, No. 3, Spring

Arguing for an Integrated Approach to Resolving the Crisis in Darfur: The Challenges of Complementarity, Enforcement, and Related Issues in the International Criminal Court
I. INTRODUCTION The International Criminal Court's (ICC or Court) case regarding the conflict in Darfur, Sudan sheds light on the development and meaning of the complementarity principle under the Rome Statute of the International Criminal Court...
Foreword: Symposium on Redefining International Criminal Law
This special issue of the Journal of Criminal Law and Criminology brings together contributions from international law practitioners and scholars. The Articles in this Symposium explore a broad range of international criminal law questions, and offer...
From Incitement to Indictment? Prosecuting Iran's President for Advocating Israel's Destruction and Piecing Together Incitement Law's Emerging Analytical Framework
Israel must be wiped off the face of the map. --Iranian president Mahmoud Ahmadinejad (1) Let us consult yet, in this long forewhile How to ourselves we may prevent this ill. --Homer (2) I. INTRODUCTION On October 25, 2005,...
Hearts on Their Sleeves: Symbolic Displays of Emotion by Spectators in Criminal Trials
I. INTRODUCTION The pursuit of justice within the American legal system hinges on impartiality, fairness, and evenhandedness. (1) These idealistic concepts are especially imperative in the sphere of criminal law, where the life of the criminally...
Police, Politics, and Culture in a Deeply Divided Society
I. INTRODUCTION A review of the academic literature in the field of police-minority relations in deeply divided societies reveals that tense relations between the minority and the police are a frequent phenomenon. One of the sources of this tension...
Pretrial and Preventive Detention of Suspected Terrorists: Options and Constraints under International Law
I. DETAINING SUSPECTED TERRORISTS: SCENARIOS UNDER INTERNATIONAL LAW On what grounds, by what procedures, and within what limits under international law, may the United States lawfully detain suspected terrorists in order to interrogate or prosecute...
State Policy as an Element of International Crimes
I. INTRODUCTION "Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced," reads the judgment of the International...
The Constitutionality of the Rome Statute of the International Criminal Court
A decade has elapsed since the final text of the Rome Statute of the International Criminal Court (ICC) (1) was approved at the conclusion of a diplomatic conference in Rome, Italy. (2) Legal scholars have written a great deal since then about whether...
The Crime of Complicity in Genocide: How the International Criminal Tribunals for Rwanda and Yugoslavia Got It Wrong, and Why It Matters
I. INTRODUCTION The Convention on the Prevention and Punishment of the Crime of Genocide (1) (Genocide Convention) arose from the ashes of the Holocaust. Born of revulsion at the almost incomprehensible scale and success of the German campaign to...
The New Wars and the Crisis of Compliance with the Law of Armed Conflict by Non-State Actors
I. INTRODUCTION II. INTERNATIONAL HUMANITARIAN LAW AND THE REGULATIONS OF ARMED CONFLICTS III. CHARACTERISTICS OF NON-INTERNATIONAL AND INTERNAL CONFLICTS A. LEGAL CHARACTERIZATIONS B. CONTEXT SPECIFIC DIFFERENTIATIONS OF...