Citations for Diane Orentlicher

Articles and Other Contributions to Magazines, Newsletters, and Newspapers


"The Yugoslavia War Crimes Tribunal," Focus (American Society of International Law) (Summer, 1993), excerpted in Lillich, R. and H. Hannum, eds., International Human Rights: Problems of Law, Policy and Practice, Third Ed., 1995, and Newman, F. and D. Weissbrodt, eds., International Human Rights: Law, Policy and Process, Second Ed., 1996.


Articles and Other Contributions to Periodicals


"Responsibilities of States Participating in Multilateral Operations with Respect to Persons Indicted for War Crimes," in "Reigning in Impunity for International Crimes and Serious Violations of Fundamental Human Rights: Proceedings of the Siracusa Conference, 17-21 September 1998," 14 Nouvelles Etudes Penales 193 (1998); reprinted in Making Justice Work: The Report of the Century Foundation/Twentieth Century Fund Task Force on Apprehending Indicted War Criminals. New York: Century Foundation Press, 1998.

"Lawyers Under Siege," Index on Censorship (October 1985).


Articles and Other Contributions to Scholarly Journals and Law Reviews


"Whose Justice? Reconciling Universal Jurisdiction with Democratic Principles," 92 Georgetown Law Journal 1057 (2004).

"Unilateral Multilateralism: United States Policy Toward the International Criminal Court," 36 Cornell International Law Journal 415 (2004).

"Judging Global Justice: Assessing the International Criminal Court," 21 Wisconsin International Law Journal 495 (2003).

"When Justice Goes to War: Prosecuting Terrorists Before Military Commissions," 25 Harvard Journal of Law & Public Policy 653 (2002) (with Robert K. Goldman)

"The Role of Domestic Courts and Justices in the Implementation and Enforcement of International Humanitarian Law," 4 Fundamentum 5 (2001)

"The Imprint of Kosovo on International Law," in ILSA Journal of International & Comparative Law (2000).

"Politics by Other Means: The Law of the International Criminal Court," 32 Cornell International Law Journal 489 (1999).

"Forward, Symposium, War Crimes Tribunals: The Record and the Prospects," 13 American University International Law Review 1383 (1998).

"Separation Anxiety: International Responses to Ethno-Separatist Claims," 23 Yale Journal of International Law 1 (1998).

"Separatism and the Democratic Entitlement," 92 American Society of International Law Proceedings 131 (1998).

"International Criminal Law and the Cambodian Killing Fields," 3 ILSA Journal of International and Comparative Law 705 (1997).

"Swapping Amnesty for Peace and the Duty to Prosecute Human Rights Crimes," 3 ILSA Journal of International and Comparative Law 713 (1997).

"No Justice, No Peace: Accountability for Rape and Gender-Based Violence in the Former Yugoslavia," 5 Hastings Women's Law Journal 93 (1995) (co-author).

"Public Law, Private Actors: The Impact of Human Rights on Business Investors in China," 14 Northwestern Journal of International Law and Business 66 (1993) (with Gelatt, T.), excerpted in Steiner, H. and Philip Alston, eds., International Human Rights in Context: Law, Politics and Morals, Oxford University Press, 1996.

"Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime," 100 Yale Law Journal 2537 (1991), excerpted in Steiner, H. and Philip Alston, eds., International Human Rights in Context: Law, Politics and Morals, Oxford University Press, 1996; Newman, F. and D. Weissbrodt, eds., International Human Rights: Law, Policy and Process, Second Ed., 1996; and United States Institute of Peace, Transnational Justice: How Emerging Democracies Reckon with Former Regimes, 1995.

"The Power of an Idea: The Impact of United States Human Rights Policy," 1 Journal of Transnational Law and Contemporary Problems 43 (1991).

"Bearing Witness: The Art and Science of Human Rights Fact-Finding," 3 Harvard Human Rights Journal 83 (1990), excerpted in Lillich, R. and H. Hannum, eds., International Human Rights: Problems of Law, Policy and Practice, Third Ed., 1995.

"Transitions to Democracy and the Rule of Law," (symposium) 5 American University Journal of International Law and Policy 1049 (1990).

Book Review: Human Rights and U.S. Foreign Policy: Congress Reconsidered, 83 American Journal of International Law 972 (1989).

Book Review: Human Rights and Missions: A Study of the Fact-finding Practice of Non-governmental Organizations, 82 American Journal of International Law 873 (1988).

"Enforcement of Arbitral Awards Issued by the Additional Facility of the International Centre of Settlement of Investment Disputes (ICSID)," 2 Journal of International Arbitration 15 (1985) (with E. Leahy).

"Expropriation in the Energy Industry: Canada's Crown Share Provision as a Violation of International Law," 29 McGill Law Journal 439 (1984) (with C. Olmstead and E. Krauland).

"The Philippines: A Country in Crisis - A Report for the Lawyers Committee for International Human Rights," 15 Columbia Human Rights Law Review 69 (1983) (with M. Frankel and J. Greenberg).

"Snepp v. United States: CIA Secrecy Agreements and the First Amendment," (comment) 81 Columbia Law Review 662 (1981), excerpted in Tushnet, M., G. Stone, L. Sedman and C. Sunstein, eds.,Constitutional Law, 1996.


Attorney Work Product

Books Authored

Chapters and Other Contributions to Collective Works


"International Responses to Separatist Claims," Ch. 1, and "Democratic Principles and Separatist Claims: A Response and Further Inquiry," Ch. 3, in Macedo, S. & Buchanan, A., Eds., XLV NOMOS. New York, NY: New York University Press, 2003.

"Striking a Balance: Mixed Law Tribunals and Conflicts of Jurisdiction," in Lattimer and Sands, Eds., Justice for Crimes Against Humanity: International Law After Pinochet, Cambridge: Hart Press, 2003

"The Future of Universal Jurisdiction in the New Architecture of Transnational Justice," in Macedo, S., Ed., Universal Jurisdiction: National Courts and the Prosecution of Serious Crimes Under International Law. University of Pennsylvania Press, 2003

"Contemporary International Law and Policy Responses to Separatist Movements," in Sidiropoulos, ed., A Continent Apart: Kosovo, Africa and Humanitarian Intervention. 2001.

"Relativism and Religion," in Ignatieff, M, Human Rights as Politics and Religion. Princeton, NJ: Princeton University Press, 2001.

"Genocide," in R. Guttman & D. Rieff (eds.), K. Anderson (legal ed.) Crimes of War. New York: W.W. Norton & Co., 1999.

"Citizenship and National Identity," in Wippman, D., Ed., International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press, 1998.

"Democracy and Difference: Democratic Rights and Separatist Claims," in Schoenbaum, T., Nakagawa, J. and Reif, L., Eds., Trilateral Perspectives on International Legal Issues: From Theory into Practice. American Society of International Law. Ardsley, N.Y.: Transnational Publishers, 1998.

"Responsibilities of States Participating in Multilateral Operations with Respect to Persons Indicted for War Crimes," in Nouvelles Etudes Penales, reprinted in Making Justice Work: The Report of the Century Foundation/Twentieth Century Fund Task Force on Apprehending Indicted War Criminals. New York: Century Foundation Press, 1998.

"The Reagan Administration's Policy on Latin America, in Schmertz, E., N. Datlof and A. Ugrinsky, President Reagan and the World. Greenwood Press, 1997.

"Addressing Gross Human Rights Abuses: Punishment and Victim Compensation," in Henkin, L. and J.L. Hargrove (eds.), Human Rights: An Agenda for the Next Century. Washington, D.C.: American Society of International Law, 1994.

"The United States Commitment to Human Rights," in Claude, R. and Weston, B. (eds.), Human Rights in the World Community. Philadelphia: University of Pennsylvania Press, 1992.

Critique: Review of the Department of State's Country Reports on Human Rights Practices for 1986. Lawyers Committee for Human Rights, Americas Watch, Helsinki Watch and Asia Watch, 1987 (contributing author).

The Reagan Administration's Record on Human Rights in 1986. Lawyers Committee for Human Rights, Americas Watch, Helsinki Watch and Asia Watch, 1987 (contributing author).

"...In the Face of Cruelty": The Reagan Administration's Human Rights Record in 1984. Lawyers Committee for Human Rights, Americas Watch, Helsinki Watch and Asia Watch, 1985 (contributing author).

The Reagan Administration's Record on Human Rights in 1985. Lawyers Committee for Human Rights, Americas Watch, Helsinki Watch and Asia Watch, 1986 (contributing author).

Critique: Review of the Department of State's Country Reports on Human Rights Practices for 1983. Lawyers Committee for Human Rights, Americas Watch, Helsinki Watch and Asia Watch, 1984 (contributing author).

Critique: Review of the Department of State's Country Reports on Human Rights Practices for 1984. Lawyers Committee for Human Rights, Americas Watch, Helsinki Watch and Asia Watch, 1985 (contributing author).

Failure: The Reagan Administration's Human Rights Policy in 1983. Lawyers Committee for Human Rights, Americas Watch, Helsinki Watch and Asia Watch, 1984 (contributing author).


Hearings Transcripts


"Romani Human Rights Issues," Testimony before the Commission on Security and Cooperation in Europe, United States Congress, June 8, 2000.


Recent Appearances

Reports, Scholarly Papers, and Small Monographs


Report of the independent expert to update the Set of Principles to combat impunity, Diane Orentlicher, UN Doc. E/CN.4/2005/102 (18 February 2005), and Updated Set of principles for the protection and promotion of human rights through action to combat impunity, UN Doc. E/CN.4/2005/102/Add.1 (8 February 2005).

Independent Study on Best Practices, Including Recommendations, to Assist States in Strengthening their Domestic Capacity to Combat All Aspects of Impunity, by Professor Diane Orentlicher, UN Doc. E/CN.4/2004/88 (27 February 2004)

Universal Jurisdiction After Pinochet: Prospects and Perils, Working Paper published by the Center for Global Peace & Conflict Studies, University of California at Irvine (2003)

The Role of Domestic Courts and Judges in the Implementation and Enforcement of International Humanitarian Law, publication by United States Institute of Peace forthcoming.

Seven Candidates for Prosecution: Accountability for the Crimes of the Khmer Rouge (Co-Editor). Washington, DC: War Crimes Research Office, American University, and Coalition for International Justice, 2001.

Report on the Situation of Roma and Sinti in the OSCE Area. The High Commissioner on National Minorities, Organization for Security and Co-operation in Europe, 2000 (contributing author).

Genocide and Crimes Against Humanity: The Legal Regime. United States Holocaust Memorial Council, 1998.

No Justice, No Peace: Accountability for Rape and Gender-Based Violence in the Former Yugoslavia. International Human Rights Law Group, 1993.

Getting Down to Business: The Human Rights Responsibilities of China's Investors and Trade Partners. International League for Human Rights, 1992 (co-authored with Timothy Gelatt).

Business As Usual...?: The International Response to Human Rights Violations in China. International League for Human Rights, 1991 (co-authored).

Impunity: Prosecutions of Human Rights Violations in the Philippines. Lawyers Committee for Human Rights, 1991 (co-authored).

In Brief: Human Rights at the United Nations: Accountability for Human Rights Crimes. International League for Human Rights, 1991 (co-authored).

The Long Road to Justice: A Report on the Letelier-Moffitt Case. International League for Human Rights, 1991 (co-authored).

Human Rights in Indonesia. Asia Watch, 1988.

Vigilantes in the Philippines: A Threat to Democratic Rule. Lawyers Committee for Human Rights, 1988 (co-authored).

"Human Rights and the Administration of Justice in Chile: A Report of a Delegation of the Association of the Bar of the City of New York and the International Bar Association," 42 Record of the Association of the Bar of the City of New York 431 (1987) (with W. Zabel and D. Nachman).

"The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment: A Report of the Committee on International Human Rights," 42 Record of the Association of the Bar of the City of New York 235 (1987) (principal author).

Seeking Shelter: Cambodians in Thailand. Lawyers Committee for Human Rights, 1987 (co-authored).

The War Against Children: South Africa's Youngest Victims. Lawyers Committee for Human Rights, 1986 (co-authored).

Honduras: A Crisis on the Border. Lawyers Committee for Human Rights, 1985 (co-authored).

Kampuchea: After the Worst. Lawyers Committee for Human Rights, 1985 (co-authored).

Nicaragua: Revolutionary Justice. Lawyers Committee for Human Rights, 1985 (co-authored).

Salvaging Democracy: Human Rights in the Philippines. Lawyers Committee for Human Rights, 1985 (co-authored).

Free Fire: A Report on Human Rights in El Salvador. Lawyers Committee for Human Rights and Americas Watch, 1984 (co-authored).

The Philippines: A Country in Crisis. Lawyers Committee for Human Rights, 1983.


Works Edited


Supplement to Human Rights, (University Casebook Series)Foundation Press, 2003 (co-edited with L. Henkin, G. Neuman & D. Leebron)

Human Rights: Documentary Supplement. (University Casebook Series) Foundation Press, 2000 (with L. Henkin, G. Neuman & D. Leebron).

Human Rights (University Casebook Series). Foundation Press, 1999 (with L. Henkin, G. Neuman and D. Leebron).


Works in Progress