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Case Western Reserve University School of Law

2005

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Articles 1 - 16 of 16

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Victim And Witness Provisions Of The Icc Compared To Other International Tribunals, Colin Mclaughlin Jan 2005

Victim And Witness Provisions Of The Icc Compared To Other International Tribunals, Colin Mclaughlin

War Crimes Memoranda

No abstract provided.


Were The Atrocities Committed By Saddam Hussein Against The Citizens Of Al-Dujail, In Response To A Failed Assassination Attempt In 1982, Justified As A Lawful Exercise Of Self Defense Under International Law?, Eric Reeves Jan 2005

Were The Atrocities Committed By Saddam Hussein Against The Citizens Of Al-Dujail, In Response To A Failed Assassination Attempt In 1982, Justified As A Lawful Exercise Of Self Defense Under International Law?, Eric Reeves

War Crimes Memoranda

No abstract provided.


With Reference To The Specific Crimes That Have Been Charged In The Indictments Issued By The Special Court For Sierra Leone, To What Extent Do The Elements Of Crimes Of The International Criminal Court Reflect Customary International Law As It Existed At The Time Material To The Indictments? In Other Words, To What Extent Are The Elements Of Crimes Of The International Criminal Court A Reliable Guide As To The Elements Of The Crimes Charged By The Special Court For Sierra Leone? In Cases Where The Elements Of Crimes Of The International Court Depart From Pre-Existing Customary International Law, What Are The Elements Of Crimes That Should Be Applied?, Christopher G. Kuhn Jan 2005

With Reference To The Specific Crimes That Have Been Charged In The Indictments Issued By The Special Court For Sierra Leone, To What Extent Do The Elements Of Crimes Of The International Criminal Court Reflect Customary International Law As It Existed At The Time Material To The Indictments? In Other Words, To What Extent Are The Elements Of Crimes Of The International Criminal Court A Reliable Guide As To The Elements Of The Crimes Charged By The Special Court For Sierra Leone? In Cases Where The Elements Of Crimes Of The International Court Depart From Pre-Existing Customary International Law, What Are The Elements Of Crimes That Should Be Applied?, Christopher G. Kuhn

War Crimes Memoranda

No abstract provided.


The Contours Of The Common Purpose / Joint Criminal Enterprise Doctrine Under The Jurisprudence Of The International Tribunals And Article 15(B)(4) Of The Ist Statute, Ruth Mary Hackler Jan 2005

The Contours Of The Common Purpose / Joint Criminal Enterprise Doctrine Under The Jurisprudence Of The International Tribunals And Article 15(B)(4) Of The Ist Statute, Ruth Mary Hackler

War Crimes Memoranda

No abstract provided.


How Will The Negotiation History Of The Rome Conference And Jurisprudence Of Ad Hoc Tribunals Aid The International Criminal Court In Its Interpretation Of The Gender-Related Provisions Unique To The Rome Statute?, Joshua Joseph Jan 2005

How Will The Negotiation History Of The Rome Conference And Jurisprudence Of Ad Hoc Tribunals Aid The International Criminal Court In Its Interpretation Of The Gender-Related Provisions Unique To The Rome Statute?, Joshua Joseph

War Crimes Memoranda

No abstract provided.


What Are The Rules Of National And International Law Regarding The Duty Of Counsel To Raise Issues In A Timely Manner?, Susan Cohen Jan 2005

What Are The Rules Of National And International Law Regarding The Duty Of Counsel To Raise Issues In A Timely Manner?, Susan Cohen

War Crimes Memoranda

No abstract provided.


Analyze The Judgment Of The Prosecutor V. Brdjanin From The Icty Re: Joint Criminal Enterprise. How Does This Holding Affect The Future Use Of Joint Criminal Enterprise?, Hilary Garon Brock Jan 2005

Analyze The Judgment Of The Prosecutor V. Brdjanin From The Icty Re: Joint Criminal Enterprise. How Does This Holding Affect The Future Use Of Joint Criminal Enterprise?, Hilary Garon Brock

War Crimes Memoranda

No abstract provided.


Does The Principle Of Complementarity Apply To Security Council Referrals To The Icc?, Reid Perry Swayze Jan 2005

Does The Principle Of Complementarity Apply To Security Council Referrals To The Icc?, Reid Perry Swayze

War Crimes Memoranda

[The Sudan Claims That it Does and Seeks to Block the ICC from Investigating and Prosecuting Cases Related to the Darfur by Instituting its Own Investigation and Prosecution]


Can Congress Buy Rluipa's Way To Constitutional Salvation, Benjamin D. Cramer Jan 2005

Can Congress Buy Rluipa's Way To Constitutional Salvation, Benjamin D. Cramer

Case Western Reserve Law Review

No abstract provided.


Stop The Presses: The Impact Of Hosty V. Carter And Pitt News V. Pappert On The Editorial Freedom Of College Newspapers, Daniel A. Applegate Jan 2005

Stop The Presses: The Impact Of Hosty V. Carter And Pitt News V. Pappert On The Editorial Freedom Of College Newspapers, Daniel A. Applegate

Case Western Reserve Law Review

No abstract provided.


Conditional Liberty: Restricting Procreation Of Convicted Child Abusers And Dead Beat Dads, Sara C. Busch Jan 2005

Conditional Liberty: Restricting Procreation Of Convicted Child Abusers And Dead Beat Dads, Sara C. Busch

Case Western Reserve Law Review

No abstract provided.


Errors And Missteps: Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Michael P. Scharf, Ahran Kang Jan 2005

Errors And Missteps: Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Michael P. Scharf, Ahran Kang

Faculty Publications

In a few months, the trial of Saddam Hussein and other former Iraqi regime leaders will begin before the Iraqi Special Tribunal (IST). The IST is a unique "internationalized-domestic tribunal" whose Statute and Rules of Procedure are modeled upon the UN-created Yugoslavia War Crimes Tribunal (ICTY), Rwanda Genocide Tribunal (ICTR), and the Special Court for Sierra Leone (SCSL), but whose judges are all Iraqis and whose courtroom is in Baghdad. There is much the IST can learn both from the successes and missteps of the ICTY, ICTR, and SCSL; many of the issues that will arise in the trials of …


Do Former Leaders Have An International Right To Act As Their Own Lawyer In War Crimes Trials?, Michael P. Scharf, Christopher Rassi Jan 2005

Do Former Leaders Have An International Right To Act As Their Own Lawyer In War Crimes Trials?, Michael P. Scharf, Christopher Rassi

Faculty Publications

Picture what would happen if former Iraqi dictator Saddam Hussein sought to represent himself at his war crimes trial before the Iraqi Special Tribunal. While doing so, assume that the judge presiding over his case decided to follow the precedent of the Trial Chamber of the International


Criminal Tribunal for the former Yugoslavia (ICTY) that tried the case of Slobodan Milosevic, which held: "[U]nder customary international law, the defendant has a right to counsel, but he also has a right not to have counsel."


Refusal To Undergo A Cesarean Section: A Woman's Right Or A Criminal Act ?, Monica K. Miller Jan 2005

Refusal To Undergo A Cesarean Section: A Woman's Right Or A Criminal Act ?, Monica K. Miller

Health Matrix: The Journal of Law-Medicine

No abstract provided.


International Criminal Law - How Long Will Some Miss The Missing Link, Hans Corell Jan 2005

International Criminal Law - How Long Will Some Miss The Missing Link, Hans Corell

Case Western Reserve Journal of International Law

No abstract provided.


Dancing With The Devil: Prosecuting West Africa's Warlords: Building Initial Prosecutorial Strategy For An International Tribunal After Third World Armed Conflicts, David M, Crane Jan 2005

Dancing With The Devil: Prosecuting West Africa's Warlords: Building Initial Prosecutorial Strategy For An International Tribunal After Third World Armed Conflicts, David M, Crane

Case Western Reserve Journal of International Law

No abstract provided.