Laws of war Part 3

Laws of war Part 3

 

28

Beyond the rudimentary and brutal: Procedure, evidence and sentencing in Australia’s first criminal court
Brent Salter
Criminal Law Journal
Volume 33, Number 2, April 2009 p.87

LAW JOURNAL / LAW REVIEW

The practices of Australia’s first superior criminal court between 1788-1807, the New South Wales Court of Criminal Jurisdiction, have been widely criticised as having been rudimentary and brutal, presided over by amateur judges and military members, and defined in terms of the rules and disciplines of war. In this article, the author argues that a closer examination of the everyday operations of this court in the early period after settlement suggests that, although there are many examples where the court could be accused of incompetency, bias, indifference and brutality, there are also numerous examples where the criminal laws of England have been carefully applied. The author suggests that an examination of court procedure, evidence of witnesses and sentencing during this period indicates judicial officers were generally maintaining consistent standards in a complex criminal legal system that had to constantly adapt to the unique circumstances of the infant penal colony.

29

Human Rights and the Laws of war under the American Convention on Human Rights
Conor McCarthy
European Human Rights Law Review
Issue 6, 2008 p.762

LAW JOURNAL / LAW REVIEW

30

The Laws of War and Traditional Cultures: A Case Study of the Pacific Region
Helen Durham
Commonwealth Law Bulletin
Volume 34, Number 4, 2008 p.833-841

LAW JOURNAL / LAW REVIEW

31

The Laws of War in Ancient Greece
Adriaan Lanni
Law and History Review
Volume 26, Number 3, Fall 2008 p.469

LAW JOURNAL / LAW REVIEW

32

Summary: The Humanisation of International Law by the Laws of War: From the Martens Clause to the “Responsibility to Protect”
Heidelberg Journal of International Law
Volume 68, Number 1, 2008 p.127

LAW JOURNAL / LAW REVIEW

33

WHEN DOES COLLATERAL DAMAGE RISE TO THE LEVEL OF A WAR CRIME?: EXPANDING THE ADEQUACY OF LAWS OF WAR AGAINST CONTEMPORARY HUMAN RIGHTS DISCOURSE
Saby Ghoshray
Creighton Law Review
Volume 41 Number 4, June 2008 p.679

LAW JOURNAL / LAW REVIEW

34

Tokyo High Court, Judgment, June 23, 2005 – Forced Labor during World War II – Individual’s Right to Bring Claims against the Offending State – Article 3 of the Convention respecting the Laws and Customs of War on Land the Convention concerning Forced or Compulsory Labour – the Slavery Convention and Customary International Law Rules on the Prohibition of Slavery – Crimes against Humanity
Japanese Yearbook of International Law
Volume 50, 2007 p.194

LAW JOURNAL / LAW REVIEW

35

Reconciling Crimes Against Humanity with the Laws of War: Human Rights, Armed Conflict, and the Limits of Progressive Jurisprudence
Payam Akhavan
Journal of International Criminal Justice
Volume 6, Number 1, March 2008 p.21-37

LAW JOURNAL / LAW REVIEW

36

Private Security Contractors in Iraq Violate Laws of War
Suffolk Transnational Law Review
Volume 31, Number 1, Winter 2007 p.75

LAW JOURNAL / LAW REVIEW

37

When Do States Follow the Laws of War?
JAMES D. MORROW
American Political Science Review
Volume 101, Number 3, August 2007 p.559-572

LAW JOURNAL / LAW REVIEW

38

Precision War and Responsibility: Transformational Military Technology and the Duty of Care Under the Laws of War
Dakota S. Rudesill
Yale Journal of International Law
Volume 32, Number 2, Summer 2007 p.517

LAW JOURNAL / LAW REVIEW

39

Book Notices
Michael F. Sturley
Journal of Maritime Law and Commerce
Volume 38, Number 2, April 2007 p.259

LAW JOURNAL / LAW REVIEW

THE RULES OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA: A COMMENTARY. Ed. P. Chandrasekhara Rao & Philippe Gautier; VESSEL-SOURCE MARINE POLLUTION: THE LAW AND POLITICS OF INTERNATIONAL REGULATION. By Alan Khee-Jim Tan; PREVENTION AND COMPENSATION OF MARINE POLLUTION DAMAGE: RECENT DEVELOPMENTS IN EUROPE, CHINA, AND THE US. Eds. Michael G. Faure & James Hu; INTERNATIONAL ENVIRONMENTAL LAW: FAIRNESS, EFFECTIVENESS, AND WORLD ORDER. By Elli Louka; TUG USE OFFSHORE, IN BAYS AND RIVERS: THE TMASTER’S MANUAL. By George H. Livingstone & Grant H. Livingstone; CANADA’S OFFSHORE: JURISDICTION, RIGHTS, AND MANAGEMENT. 3rd Ed. By Bruce Calderbank, Alec M. MacLeod, Ted L. McDorman & David H. Gray; ADMIRALTY AND MARITIME LAWS IN THE MEDITERRANEAN SEA (CA. 800-1050): THE KIT B AKRIYAT AL-SUFUN VIS-à€-VIS THE NOMOS RHODION NAUTIKOS. By Hassan S. Khalilieh.; LONE STAR NAVY: TEXAS. THE FIGHT FOR THE GULF OF MEXICO, AND THE SHAPING OF THE AMERICAN WEST. By Jonathan W. Jordan; LOST GOLD OF THE REPUBLIC: THE REMARKABLE QUEST FOR THE GREAT-EST SHIPWRECT TREASURE OF THE CIVIL WAR ERA. By Priit J. Vesilind

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

American Convention on Human Rights, Customary International Law, Laws of war.


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