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- International Law (3)
- Extraordinary Chambers in the Courts of Cambodia (2)
- Special Tribunal for Lebanon (2)
- 20 February 2009 Pre-Trial Chamber decision and Khieu Samphan’s appeal (1)
- Appeal and inadequate representation and international criminal tribunals (1)
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- Appeal based on inadequate representation; appeal and ineffective counsel and international criminal law (1)
- Chapeau elements of crimes against humanity (1)
- Confirming indictments and international criminal courts (1)
- Criminal procedure (1)
- Customary International Law (1)
- Customary international law and ECCC (1)
- Customary international law and international criminal law (1)
- Deferral of the Hariri case (1)
- Definition of terrorism (1)
- Domestic application (1)
- ECCC (1)
- ECCC and discovery evidence and additional charges; and trial chamber and additional charges based on discovery evidence (1)
- ECCC and rimes against humanity (1)
- Extraordinary Chamber for the Cambodian Courts and crimes against humanity and chapeau elements (1)
- Extraordinary Chamber of the Cambodian Courts and additional charges based on discovery evidence (1)
- Forced marriage and crimes against humanity and 1975 (1)
- Forced marriage and customary international law and 1975 (1)
- Forced marriage and international criminal law (1)
- General Assembly Resolutions (1)
- Global Financial Issues (1)
- Grotian Moment (1)
- Head of state immunity (1)
- Human rights (1)
- Immunity from witness subpoenas; international criminal law and immunity and witness subpoena (1)
- Indictments and Special Tribunal for Lebanon (1)
- Publication
Articles 1 - 23 of 23
Full-Text Articles in Law
Does Terrorism Constitute A Crime Under International Law And, If So, What Is Its Definition. Specifically Addressing The Argument That A Limited Definition Of Terrorism Has Emerged In Customary International Law That Provides For International Criminal Liability For Individual Non-State Actors., Avrum Jacobson
War Crimes Memoranda
No abstract provided.
Statutory Interpretation Regarding Joint Criminal Enterprise And Roots In Codes Of Superior Responsibility Doctrine. Does Article 3(1)(B) Of The Stl Statute Refer To The Joint Criminal Enterprise Doctrine (Jce) Or To Another Mode Of Liability? If This Provision Does Not Refer To Jce, What Was The Intent Of The Drafters Of The Statute Regarding The Meaning Of This Provision? What Support Is There For The Proposition That The Doctrine Of Superior Responsibility Is Rooted In National Criminal And Military Codes? Which Ones? Is It Possible To Find Concordant Law-Cases Issued Before February 14 2005 By National Courts From Different Legal Systems Which Establishes That Superior Responsibility As Set Out In Article 3 Of The Stl Statute Is Applicable To Terrorists Acts, Murder Or Other Crimes Within The Jurisdiction Of The Stl?, Jacqueline C. Greene
War Crimes Memoranda
No abstract provided.
The Use Of Sealed Indictments In International Law And The Issuance Of Sealed Indictments Ex Parte. Specifically Addressing The Case Law Of The International Tribunals As It Pertains To Sealed Indictments. Also, Whether It Is Legally Possible To Issue Sealed Indictments Ex Parte., Gregory L. Watkins
War Crimes Memoranda
No abstract provided.
What Is The Practice/Policy At The International Tribunals With Regard To Providing Witnesses Copies Of Their Statements? Do International Tribunals Have Blanket Policies, Or Is It On A Case-By-Case Basis (E.G., If The Witness Asks For It)? What Is The Practice In National Jurisdictions?, Yedga Sikod
War Crimes Memoranda
No abstract provided.
Concurrent Jurisdiction And Primacy. What Do The Concepts Of “Concurrent Jurisdiction” And “Primacy” Mean Concretely For The Stl And The Lebanese National Courts? ..., Helena Traner
War Crimes Memoranda
Concurrent Jurisdiction and Primacy. What do the concepts of “concurrent jurisdiction” and “primacy” mean concretely for the STL and the Lebanese national courts? What are the effects on the STL and Lebanese authorities of the deferral of the Hariri case
Appeal Based On Inadequate Representation, Ugochi Madubata
Appeal Based On Inadequate Representation, Ugochi Madubata
War Crimes Memoranda
No abstract provided.
Head Of State Immunity And Immunity Claims Against Witness Subpoena Requests. Specifically Addressing The Scope Of Head Of State And State Official Immunity, And Whether Claims Of Immunity May Successfully Prevent Witness Subpoena Requests At International And Hybrid Tribunals., Iskra Miralem
War Crimes Memoranda
No abstract provided.
Under What Conditions Would The Involvement Of A Judge In The Adoption Of A Piece Of Legislation Warrant His Recusal (Or Removal) From The Bench On Grounds Of Lack Of Impartiality Or Appearance Thereof?, Brandon J. Wheeler
War Crimes Memoranda
No abstract provided.
Potential Procedural Problems With Applying International Standards In Domestic Kenyan Courts, Kimberly M. Brown
Potential Procedural Problems With Applying International Standards In Domestic Kenyan Courts, Kimberly M. Brown
War Crimes Memoranda
No abstract provided.
Can The Trial Chamber Add Charges To The Indictment Based On The Discovery Of Evidence At Trial?, Danamarie Pannella
Can The Trial Chamber Add Charges To The Indictment Based On The Discovery Of Evidence At Trial?, Danamarie Pannella
War Crimes Memoranda
No abstract provided.
Was Forced Marriage A Crime Against Humanity Under Customary International Law In 1975?, Allyson Justine Montgomery
Was Forced Marriage A Crime Against Humanity Under Customary International Law In 1975?, Allyson Justine Montgomery
War Crimes Memoranda
No abstract provided.
Customary International Law Status Of The Enumerated Crimes Of Article 5 Of The Extraordinary Chambers In The Courts Of Cambodia Law And Whether They Are Prosecutable, Andrew Bader
War Crimes Memoranda
No abstract provided.
Chapeau Elements Of Crimes Against Humanity, Crimes Against Humanity, Crimes Against Humanity And Chapeau Elements, R. Garrison Mason Jr.
Chapeau Elements Of Crimes Against Humanity, Crimes Against Humanity, Crimes Against Humanity And Chapeau Elements, R. Garrison Mason Jr.
War Crimes Memoranda
No abstract provided.
Proceeding In The Physical Absence Of The Accused, And The Use Of Technology, Jon-Paul Mcconnell
Proceeding In The Physical Absence Of The Accused, And The Use Of Technology, Jon-Paul Mcconnell
War Crimes Memoranda
No abstract provided.
What Is The Legal Standard For Confirming An Indictment In International Criminal Courts? How Might The Case Law Of The Other International Courts Apply At Stl?, Kevin M. Griffith
What Is The Legal Standard For Confirming An Indictment In International Criminal Courts? How Might The Case Law Of The Other International Courts Apply At Stl?, Kevin M. Griffith
War Crimes Memoranda
No abstract provided.
Accused’S Right To Document Translation..., John K. Sawyer
Accused’S Right To Document Translation..., John K. Sawyer
War Crimes Memoranda
Specifically addressing what the rights are of the accused to the translation of documents (in his or her own language and/or in the language of his or her counsel) and the concomitant obligations of the parties. Also, the issues were examined with reference to the 20 February 2009 Pre-Trial Chamber decision in Khieu Samphan’s appeal.
Degree Of Precision Required In International Criminal Indictments, David O"Brien
Degree Of Precision Required In International Criminal Indictments, David O"Brien
War Crimes Memoranda
No abstract provided.
The Torture Lawyers, Michael P. Scharf
The Torture Lawyers, Michael P. Scharf
Faculty Publications
This article recounts the story about how these four individuals intentionally cut off the government's primary experts on the Geneva Conventions, the Torture Convention, and customary international law from the decision making process. In doing so, they presented a one-sided and distorted view of U.S. obligations under international law that led to a widespread government policy and practice of torture. It also reveals how a trio of important Supreme Court precedents disrupted these plans, and ultimately swung the balance back in favor of compliance with international law.
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change, Michael P. Scharf
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change, Michael P. Scharf
Faculty Publications
Growing out of the author’s experience as Special Assistant to the International Prosecutor of the Cambodia Genocide Tribunal in 28, this article examines the concept of “Grotian moment,” a term the author uses to denote a paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance. The article makes the case that the paradigm-shifting nature of the Nuremberg precedent, and the universal and unqualified endorsement of the Nuremberg Principles by the U.N. General Assembly in 1946, resulted in accelerated formation of customary international law, including the mode of international criminal responsibility now …
Foreword: Lawfare!, Michael P. Scharf, Shannon Pagano
Foreword: Lawfare!, Michael P. Scharf, Shannon Pagano
Faculty Publications
Forward to the Case Western Reserve Journal of International Law's symposium "Lawfare!" 2012, Cleveland, OH.
International Human Rights Law In Japan: The View At Thirty, Timothy Webster
International Human Rights Law In Japan: The View At Thirty, Timothy Webster
Faculty Publications
Japanese courts have become increasingly open to the use of international human rights law in the past two decades. This paper examines several of the key decisions that reflect the judiciary's embrace of international law, particularly in the areas of criminal procedure and minority rights. I argue that the judiciary has eclipsed the other branches of government as the primary disseminator of human rights norms in Japan.
On The Use And Abuse Of Standards For Law: Global Governance And Offshore Financial Centers, Richard K. Gordon
On The Use And Abuse Of Standards For Law: Global Governance And Offshore Financial Centers, Richard K. Gordon
Faculty Publications
Current trends in international legal scholarship have shifted from a paradigm of state actors working within recognized sources of international law to one that includes networks of domestic regulators that develop and implement best practices or standards on a global basis. The new paradigm can be seen in operation in the efforts by onshore jurisdictions (most of which are financial centers themselves) to restrict the activities of offshore financial centers. Onshore jurisdictions enlisted these regulatory networks, as well as key international organizations, such as the Organization for Economic Co-operation and Development and the International Monetary Fund, to advance new standards …
Keynote Address: The T-Team, Michael P. Scharf
Keynote Address: The T-Team, Michael P. Scharf
Faculty Publications
No abstract provided.