Category: Volume 53 Issue 3
Note
Economic Crimes Against Humanity, Vol. 53
Federico J. Wynter
Whether economic sanctions can amount to crimes against humanity seems to be an issue of first impression in the ICC. It is, however, the next case in a line of disputes attempting to extend crimes against humanity into new territories and factual scenarios. This Note argues that economic sanctions applied in peacetime, such as the…
Mar 2022
Note
Fighting the Power: Queer Social Movements and Their Impact on African Laws and Culture, Vol. 53
Khalid O. Vrede
The current approach by Western actors cannot be said to help queer people in Africa achieve sustainable rights. Instead of promoting rights for sexual and gender minorities, Western punitive advocacy has worsened the situation for queer people in Africa. What, then, if anything, can Western actors do to help secure rights for queer folk in…
Mar 2022
Article
“Charming Betsy” and the Constitution, Vol. 53
Shelly Aviv Yeini & Ariel L. Bendor
One of the main disputes in regard to how courts should interpret the federal Constitution pertains to the legitimacy of relying on international law in constitutional interpretation. This Article examines the interpretative status of international law, in general, and the controversy over the use of international law in constitutional interpretation, in particular. The Article offers…
Mar 2022
Article
“Jurisdictional Immunities” and “Certain Iranian Assets”: Missed Opportunities for Defining Sovereign Immunity at the International Court of Justice, Vol. 53
Ylli Dautaj & William F. Fox
Recently, in the case of Certain Iranian Assets, the ICJ was presented with a magnificent opportunity to rework, clarify, and enhance the troubled doctrine of sovereign immunity, especially with regard to immunity from execution. The authors believe that the ICJ had a singular opportunity—just as it did in the Jurisdictional Immunities case in 2012—to broaden…
Mar 2022
Article
Victims and Prosecutors: Clientelism, Legalism, and Culture at the International Criminal Court, Vol. 53
Stephen Cody
Prosecutors at the International Criminal Court (ICC) have a dual mission: hold perpetrators accountable for grave international crimes, and deliver justice to victims. To fulfill these mandates, the Office of the Prosecutor must navigate dynamic understandings of justice in disparate post-conflict societies. Yet, few empirical studies have investigated how culture—viewed as a resource for navigating…
Mar 2022