Michael J. Kelly

'Never Again'? German Chemical Corporation Complicity in the Kurdish Genocide

German chemical corporations were complicit in the gassing of Allied troops in World War I and concentration camp prisoners in World War II. The shock of the Holocaust resulted in adoption of the Genocide Convention and the determination to never let this happen again. Genocide, of course, has happened again, but the great irony is that German chemical corporations were once more complicit in the genocide that wiped out thousands of Kurdish civilians in northern Iraq in 1988. Corporations should be criminally liable for their conduct - including genocide. This paper reviews the evidence and makes the case for prosecuting German chemical corporations for their involvement in the Kurdish genocide.

The Status of Victims Under the Rome Statute of the International Criminal Court

This chapter analysis the three traditional foci of victim status under international criminal law: participation, protection, and reparation. Whereas, both the ICTY and ICTR statutes largely ignored victim issues, the Rome Statute of the ICC specifically addresses the interests of victims in cases against their persecutors. However, as a new body with little experience to draw upon, the process of bringing victims into the proceedings in a meaningful way is still under development. As a threshold matter, a person must meet the definition of “victim” under Rule 85 RPE ICC before they can qualify to participate. The author explores the parameters of “victimhood” by placing the definition in a variety of contexts—especially with respect to other rights and obligations victims may have under the Rome Statute. Victim safety is also addressed as well as the new Victim and Witness Unit within the ICC bureaucracy. With respect to reparations for victims, the author considers the options of restitution, compensation, and rehabilitation. To date the Trust Fund for Victims has not resolved key operational questions on reparations concerning the seizure and management of defendant assets, investment, return upon acquittal, and disbursement to qualified victims upon conviction.

Law after Auschwitz: Towards a Jurisprudence of the Holocaust, David Fraser (Durham, NC: Carolina Academic Press, 2005), xi + 451 pp., cloth,

lor Willy Brandt, who so forcefully insisted on accepting German responsibility for Nazi crimes. “Political enlightenment” may not have been a consequence of the legal proceedings in Frankfurt, but the Auschwitz trial was only one piece of a larger puzzle. As a next step, we might take Wittmann’s work and see how it fits with other pieces. A detailed outline of West Germany’s varied efforts in the 1960s and beyond to confront the crimes of National Socialism might temper Wittmann’s conclusion that “in many ways the misrepresentation of Nazi crime that came out of the trial is the prevalent interpretation informing people’s understanding of the Holocaust to this day” (p. 274).

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This paper urged the Clinton Administration not to negotatiate an environmental side accord to NAFTA, but rather to re-open NAFTA and include more stringent environmental protections in the trade treaty itself for fear that a side accord would be much weaker than what was needed.

Environmental Implications of the North American Free Trade Agreement

The federal governments policy responses to the 9/11 terrorist attacks and the ensuing conduct of President Bushs war on terror have thrown American civil liberty rights into disarray. Attorney General Ashcroft and Defense Secretary Rumsfeld have trampled U.S. constitutional and international norms in their unlawful detention of hundreds of individuals and designation of enemy combatants, unlawful combatants, and material witnesses. The federal judiciary is now responding to these executive abuses. This article considers the early judicial responses to the policies effectuated by the Bush administration.