Law Commons^™

Do International Criminal Tribunals Have A Deterrent Effect On Human Rights Abuses?, Rachel Lehr

War Crimes Memoranda

No abstract provided.

Standard Of Review For Evaluating Post-Conviction Requests For Review, Morgan E. Austin

War Crimes Memoranda

No abstract provided.

The Legal Authority Of Ice Breaking On The Great Lakes Between The United States Coast Guard And The Canadian Coast Guard, The Implications Of The Ice Breaking Services Fee By The Ccg, And The Potential Liability Of Canadian Criminal Code Section 263 On The Uscg, Jason Edward Stafford

War Crimes Memoranda

No abstract provided.

The Level Of Proof Required To Indict A Person And Send Them To Trial At The Extraordinary Chambers In The Courts Of Cambodia Specifically Addressing The Levels Of Proof To Indict A Person Of France And Other International Criminal Courts, Also Analysing The Statutes, Documents And Jurispurdiction Of The Eccc To Draw A Conclusion, Xiong Shi

War Crimes Memoranda

No abstract provided.

Convert Or Die Policies As A Form Of Mental Harm Genocide Specifically Addressing The Argument That Convert Or Die Policies Are Acts Committed In Whole Or In Part To Destroy A Religious Group By Causing Mental Harm To Members Of The Religious Group., Ananya Mallavarapu

War Crimes Memoranda

No abstract provided.

In International Criminal Law Does The Prosecutor Have A Responsibility To Ensure That The Facts Forming The Historical Context In Which Large-Scale Human Rights Abuses Occurred Are Adjudicated At Trial? Why Or Why Not?, Tyler Portner

War Crimes Memoranda

No abstract provided.

Is The Eccc’S Supreme Court Chamber’S Conception Of A Common Criminal Plan In The Case 002/01 Appeal Judgment Supported By Customary International Law? Specifically Addressing The Arguments Surrounding The Supreme Court Chamber’S Rejection Of The Existence Of Jce3 And Whether Post World War Ii Jurisprudence Establishes The Existence Of Jce3 In Customary International Law., Jordan Elizabeth Dinsmore

War Crimes Memoranda

No abstract provided.

Whether The Adoption Of Civil Criminal Justice System As Opposed To The Common Law Criminal Justice System In Eccc Is A Correct Decision. Specifically Addressing The Pros And Cons Of Both Legal Systems, Lulu Jing

War Crimes Memoranda

No abstract provided.

What Would Be The Legal And Political Ramifications If The Un Decided To Stop Funding The Eccc Prior To The Current Investigations And Trials Being Finalized? Assess The Ramifications In The Cambodian And International Context., Stephanie M. Farah

War Crimes Memoranda

No abstract provided.

Modes Of Liability, Cumulative Convictions, And Charging Language, Ankita Channarasappa

War Crimes Memoranda

No abstract provided.

Foreword: The Art Of International Law, Michael P. Scharf, Katie Steiner

Faculty Publications

September 16, 2016, Case Western Reserve University School of Law’s Frederick K. Cox International Law Center, in conjunction with the celebration of the Cleveland Museum of Art’s centennial anniversary, convened a day-long conference with leading scholars and practitioners from around the world to explore topics at the intersection of art and international law.

The Icc's Role In Combatting The Destruction Of Cultural Heritage, Mark S. Ellis

Case Western Reserve Journal of International Law

However, the case’s firm grounding in international law, and the clear connection between a category of cultural-property crimes and attempts at cultural erasure, challenges the notion that these are second-rate crimes. The case reinforces the legal principle that attacks on culture, like attacks against people, constitute war crimes subject to international criminal prosecution. The Al Mahdi case will be significant in determining how the international community should best deal with such abhorrent attacks in the future.

Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio

Case Western Reserve Journal of International Law

Ahmad Al Faqi Al Mahdi, also known as Abon Tourab, was a member of the radical Islamic group Ansar Eddine, serving as one of four commanders during its brutal occupation of Timbuktu in 2012. The International Criminal Court (ICC) indicted Al Mahdi on several charges of war crimes, for intentional attacks against ten religious and historic buildings and monuments. All the buildings which Al Mahdi was charged with attacking had been under UNESCO protection, and most had been listed as world heritage sites. The case against Al Mahdi at the ICC unfolded relatively quickly and efficiently, from the official Malian …

Nazi-Looted Art: Preserving A Legacy, Alyssa R. Bickford

Case Western Reserve Journal of International Law

In the 2014 case of Meyer v. Bd. of Regents of the Univ. of Okla., victims of looting asked a court to resolve ownership of a piece of artwork that the Nazis had looted, and was sold several times, and ultimately donated to the University of Oklahoma. This case provides just one example of the issues facing claimants, museums, and courts regarding Nazi-looted art. Although this case reached a settlement, the lack of consistency and uniformity in this area of the law necessitates stronger guidelines to protect the competing interests of claimants and museums to the disputed pieces of art. …

The Ethics Of The International Display Of Fashion In The Museum, Felicia Caponigri

Case Western Reserve Journal of International Law

First, the article engages with the crucial question of how fashion is cultural heritage, or, at least, how fashion can be considered a part of the ICOM Code’s definition of heritage, and therefore within the scope of the minimum ethical standards it sets forth for its members and potentially for museums at large. Second, the article presents the ICOM Code, contextualizing it within the ICOM’s framework as a nongovernmental international public interest organization, and examines how the ICOM Code is a source of general principles of international law. As part of this section, the article also highlights how one of …

South-South Cooperation On The Return Of Cultural Property: The Case Of South America, Alice Lopes Fabris

Case Western Reserve Journal of International Law

This article challenges the notion that “south” countries fail to protect cultural property. Instead, it demonstrates that south countries have strong policies for the return of cultural property and against trafficking. This article will first analyze the international and regional policy frameworks, as well as bilateral agreements regarding the protection of cultural property against illicit trafficking. The second part of this article examines actions taken by the South American States for the return of cultural property. Finally, this article presents case studies of cultural property restituted among South American countries.

The Night Café Redux: A Study Of Sordidness, From Arles To The U.S. Courts, Allan Gerson

Case Western Reserve Journal of International Law

[T]o shed some light on the uncertainty that continues to surround The Night Café’s rightful ownership. Unfortunately, the Second Circuit Court of Appeals’ unpublished ruling, issued on October 20, 2015, that only adds to that uncertainty.

International Hurdles In Nazi-Era And Russian Revolution Cultural Property Cases, Jennifer Anglim Kreder

Case Western Reserve Journal of International Law

The FSIA, however, did not do away with the common law act of state doctrine, which is another hurdle plaintiffs must overcome. Under the act of state doctrine, U.S. courts decline to hear suits challenging the acts of another sovereign in its own territory. This doctrine, too, is grounded in flexible principles of international comity. This essay discusses both the FSIA and the act of state doctrine in the context of cases seeking to recover art and cultural property taken during the Nazi-era and Russian Revolution after providing necessary historical background.

Klatsky Endowed Lecture, Presented By The U.N. High Commissioner For Human Rights, Prince Zeid Ra'ad Al Hussein

Case Western Reserve Journal of International Law

A speech that discusses the quest for global justice through monitoring, factfinding and reporting injustices such as torture, arbitrary detention, enforced disappearance, sexual violence, slavery, murder, and discrimination.

Talking Foreign Policy: Art, Diplomacy And Accountability, Michael P. Scharf

Case Western Reserve Journal of International Law

Michael P. Scharf, Paul R. Williams, Mark Ellis, William Schabas, Shannon French, and Milena Sterio discuss art and international law topics.

Broadcast quarterly, "Talking Foreign Policy" is a one-hour radio program hosted by Case Western Reserve University School of Law Co-Dean Michael Scharf in which experts discuss the salient foreign policy issues of the day. The broadcast on October 7, 2016, addressed international law and art.

A More Acceptable Solution: The Proposed European Union Agency Of Asylum And Refugees, Sarah Katz

Case Western Reserve Journal of International Law

This Note details the improvements that should be made to a recent proposal submitted by a group of scholars to the European Parliament. The scholars have suggested that the European Union create an independent organization to process asylum applications and to deal with refugee issues in the European Union. This Note agrees with this central proposal, but fleshes out more details that are missing from this initial proposition. The five aspects of refugee processing are detailed in turn: (1) defining a refugee; (2) assigning responsibility for dealing with asylum claims; (3) reception conditions; (4) temporary protection; and (5) long-term residence …

Water Scarcity: Preventing Future Conflicts, Rush O'Connor

Case Western Reserve Journal of International Law

This Note focuses on nations with shared water sources forming transboundary agreements to promote peaceful solutions and to protect people's right to water. Given the growing scarcity of water, this Note emphasizes the urgent need to create agreements. It argues that international agreements are ineffective with respect to protecting the right to water and do not create proper forums for settling disputes over water. Yet international organizations can take an active role in helping to form transboundary agreements and acting as mediators when an agreement fails. This Note then explores how transboundary agreements work and why they are better than …

Dealing With Laundering In The Swiss Art Market: New Legislation And Its Threat To Honest Traders, Katie L. Steiner

Case Western Reserve Journal of International Law

On January 1, 2016, new regulations took effect in Switzerland that impact the country's art market. The laws aim to close channels for laundering money and illicit antiquities within the art trade. Because the art market's opacity provides attractive conditions for launderers, Switzerland's new regulations introduce greater transparency in transactions for high-value works of art and in duty-free art-storage facilities, such as the Geneva freeport. The Geneva warehouse serves an international clientele of art collectors, who have traditionally stored works of art in the facility anonymously and indefinitely, without adverse tax consequences. The freeport provides essential services for honest collectors …

Us–Cool: How The Appellate Body Misconstrued The National Treatment Principle, Severely Restricting Agency Discretion To Promulgate Mandatory, Pro-Consumer Labeling Rules, Juscelino F. Colares, William P. Canterberry

Faculty Publications

In United States–Certain Country of Origin Labeling Requirements, the Appellate Body ("AB") of the World Trade Organization ("WTO") ruled that the United States' country-of-origin labeling regulations ("COOL") on beef and pork products violated the Agreement on Technical Barriers to Trade's ("TBT") National Treatment ("NT") Principle. Aimed at promoting informed consumer choice, COOL required retailers to disclose the covered products' origin. In prior decisions under the General Agreement on Tariffs and Trade ("GATT") art. III:4, the AB correctly rejected protectionist rules that unnecessarily encumbered consumer choice by adversely affecting conditions of competition for imports. In US–COOL, however, the AB …

Foreword: The Art Of International Law, Michael P. Scharf, Katie Steiner

Case Western Reserve Journal of International Law

No abstract provided.

War And Passion: Who Keeps The Art?, Margaret M. Miles

Case Western Reserve Journal of International Law

Here, I would like to recall how and where ideas about repatriation, restitution, and proper ownership of art got started, a subject I have explored in detail elsewhere.

Al Mahdi Has Been Convicted Of A Crime He Did Not Commit, William Schabas

Case Western Reserve Journal of International Law

A closer look at the Rome Statute suggests that Al Mahdi did not commit the crime for which he was convicted.

Property As Prophesy: Legal Realism And The Indeterminancy Of Ownership, John Humbach

Case Western Reserve Journal of International Law

Property law, like all law, is indeterminate. This means that ownership itself is indeterminate and every owner is vulnerable to challenges based on unexpected legal rules or newly created ones. Even the most seemingly secure rights can be defeated or compromised if a clever-enough lawyer is retained to mount a challenge. The casebooks used in first-year property courses are full of examples. In the case of particularly valuable property, such as works of art, the motivation to fashion arguments to support ownership challenges is obvious. Short and strictly interpreted statutes of limitations can mitigate the risks to ownership by cabining …

Introduction: 2016 Klatsky Endowed Lecture In Human Rights, Bruce J. Klatsky

Case Western Reserve Journal of International Law

No abstract provided.

Falling Short For Labor: Why The Trans-Pacific Partnership Does Not Do Enough For Workers' Rights, And Evaluating Better Options, Judd Cohen

Case Western Reserve Journal of International Law

Using free trade agreements to increase labor standards in developing countries has not worked. Although most critics focus on lack of enforcement by the U.S., the real problem is the inherent tension between using free trade to make money, and spending money to improve labor standards. If the U.S. were to enforce labor standards, it would destroy the gains from free trade, which is why there is no incentive for developed countries to enforce the agreements. The Trans-Pacific Partnership is the latest example of a U.S. free trade agreement that does not address the tension between trade and labor. This …