Impunity Watch: Scholarly Articles

Justice in the Balance

By: Michael Miklaucic

Miklaucic analyzes the international tribunals established after the atrocities committed in Yugoslavia, Rwanda, and Sierra Leone. The author takes an in-depth look at the successes and costs of these tribunals finding that they have largely accomplished the objectives laid out at their inceptions, and for that reason history is likely to judge these courts in a favorable light. Should another spasm of mass violence erupt, on the the magnitude of the events in the former Yugoslavia, Rwanda and Sierra Leone in the 1990s, the U.S. Government will want to draw on the lessons learned from these tribunals as it helps shape the international community's response.

For the entire article, please see: Download Justice in the Balance

Al-Qaeda Financing and the Kimberley Process

By: Adam R. Young

Young takes an in-depth look at diamonds and their implications for fueling conflict and terrorism, specifically examining al-Qaeda's use of them as a financing tool.  He further explains the international community's response to conflict diamonds through the Kimberley Process and its limitations.

For the entire article, please see: Download Al-Qaeda Financing and the Kimberley Process

Crushing the Press with an Iron Fist

By: Mark R. Butscha Jr.

In Impunity Watch's first published student note, Mark Butscha examines Russia's restrictions on the freedom of information, ideas, speech and the press against the backdrop of the International Covenant on Civil and Political Rights.

For the entire article, please see: Download Crushing the Press with an Iron Fist

The Criminalization of Dictatorship

By: Patrick J. Glen

This paper questions whether the human rights framework is adequate to prevent the commission of atrocities. Rather, the author suggests that dictatorship should be criminalized, provides a mechanism for achieving this, and describes the challenges that would certainly surface with such a significant shift in international law and policy.

It is republished with the permission of its author and original publisher, the Buffalo Human Rights Law Review (Original citation: Patrick J. Glen, Towards the Criminalization of Dictatorship: A Draft Proposal for an International Convention on Dictatorship, 14 Buff. Hum. Rts. L. Rev. 15 (2008)).

For the entire article, please see: Download Criminalization of Dictatorship

The Prosecution of Kim Jong Il: Accountability in a Post 9/11 World

By: Eric M. Pedersen

With the world watching as the International Criminal Court takes on Sudanese President Omar al Bashir, this paper proposes a similar take down of North Korean leader Kim Jong Il.  This paper outlines the possibilities for criminal charges and the different fora available for such a prosecution, concluding that accountability is necessary if the world is to take seriously its commitment to human rights.

For the entire article, please see: Download The Prosecution of Kim Jong Il - Accountability in a Post 9-11 World

Proposing the Incorporation of the Doctrine of Command Responsibility into the International Human Rights Context

By: Sarah Davila A.

In an effort to introduce new tools to the human rights agenda, this paper proposes the incorporation of the doctrine of command responsibility to the human rights context.  This would serve the dual purpose of providing a standard for determining when a superior is responsibile for the unlawful actions of his subordinates and encouraging militaries to incorporate human rights protections into their policies.  This will, ultimately, create accountability within the military hierarchy.

For the entire article, please see: Download Command Responsibility_PDF

Torture: Its Use, Prohibition and Futility

By: Lissa Palermo

This paper describes the law of torture around the world and, in particular, its effect on the United States.  The paper also discusses the possibility that the United States engaged in torture after 9/11 and presents arguments in favor and against the use of torture to counter terrorism. 

For the entire article, please see: Download ARTICLE.doc

Spirit of Nuremberg - Idealism

By: Henry T. King, Jr.

This speech was given at the International Humanitarian Law Dialog, held at the Chautauqua Institution on August 29, 2007.  It is republished with the permission of its author and original publisher, American Society of International Law.

For the entire speech, please see: Download Spirit of Nuremberg-Idealism

The Path from the 1907 Hague Conference to Nuremberg and Forward

By: John Q. Barrett

This speech was given at the International Humanitarian Law Dialog, held at the Chautauqua Institution on August 29, 2007.  It is republished with the permission of its author and original publisher, American Society of International Law.

For the entire speech, please see: Download the_path_from_the_1907_hague_conference_to_nuremberg_and_forward.pdf

The Legacy of Nuremberg

By: Whitney R. Harris

This article was part of the first International Humanitarian Dialogs at the Chautauqua Institution in August, 2007.  It is republished with the permission of its author and original publisher, American Society of International Law.

For the entire article, please see: Download the_legacy_of_nuremberg.pdf