All posts by James G. Stewart

Judicial Notice in International Criminal Law: A Reconciliation of Potential, Peril and Precedent

The International Criminal Law Review Vol. 3(3) 2003 (peer reviewed).

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This article was cited with approval by the Special Court for Sierra Leone and the Appeals Chamber of the International Criminal Tribunal for Rwanda in the decision to take judicial notice of the Rwandan Genocide. It argues for great use of judicial notice in international criminal justice as a means of overcoming the need to prove background contextual elements of international crimes, such as the existence of an armed conflict, especially when they are common knowledge and previously adjudicated.

 

Towards a Single Definition of Armed Conflict in International Humanitarian Law: A Critique of Internationalized Armed Conflict

The International Review of the Red Cross, June 2003, Vol. 85 No 850, 313 (peer reviewed).

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en Español
в России
باللغة العربية

This article argues for the abolition of the distinction between international and non-international armed conflict in the laws of armed conflict, by highlighting the current dichotomy’s failure to cope with conflicts that contain both elements, namely, internationalized armed conflicts. The article was cited within the International Criminal Court’s first judgment, was listed as one of four documents of interest on the ICRC’s main international humanitarian law webpage, and is translated into Arabic, Spanish and Russian.