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- Elimination of Buddhist leadership as genocide (2)
- Extradition and piracy and Seychelles (2)
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- Lockerbie Model and proposed Extraterritorial Somali Anti-Piracy Court (2)
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Articles 91 - 120 of 343
Full-Text Articles in Criminal Law
Use Of Force By Private Contractors Against Somali Pirates, Effy Folberg
Use Of Force By Private Contractors Against Somali Pirates, Effy Folberg
War Crimes Memoranda
No abstract provided.
Under International Law, What Conventions Or Customary International Law Best Address Modern Acts Of Piracy?, Baker & Mckenzie Llp
Under International Law, What Conventions Or Customary International Law Best Address Modern Acts Of Piracy?, Baker & Mckenzie Llp
War Crimes Memoranda
No abstract provided.
Would The Right Of Hot Pursuit Enable Third States To Apprehend Pirates In The Territorial Waters Of Another State Without Its Consent?, Brett Ashley Edwards
Would The Right Of Hot Pursuit Enable Third States To Apprehend Pirates In The Territorial Waters Of Another State Without Its Consent?, Brett Ashley Edwards
War Crimes Memoranda
No abstract provided.
Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp
War Crimes Memoranda
No abstract provided.
In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?, Brett Ashley Edwards
In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?, Brett Ashley Edwards
War Crimes Memoranda
No abstract provided.
Responding To Political Corruption: Some Institutional Considerations, Jonathan L. Entin
Responding To Political Corruption: Some Institutional Considerations, Jonathan L. Entin
Faculty Publications
This article, written for a conference on "The Scandal of Political Corruption and the Law’s Response," examines some institutional mechanisms (such as open-meetings laws and term limits) that are intended to prevent corruption and others (such as independent counsels, special prosecutors, and ethics commissions) that seek to punish corruption after the fact. The article assesses some of the legal and practical constraints of these devices and, relying on the insights of Durkheim and other social scientists, asks whether some minimum level of corruption might serve the function of helping to define and reinforce social norms and values.
Losing The War Against Dirty Money: Rethinking Global Standards On Preventing Money Laundering And Terrorism Financing, Richard K. Gordon
Losing The War Against Dirty Money: Rethinking Global Standards On Preventing Money Laundering And Terrorism Financing, Richard K. Gordon
Faculty Publications
Following a brief overview in Part I.A of the overall system to prevent money laundering, Part I.B describes the role of the private sector, which is to identify customers, create a profile of their legitimate activities, keep detailed records of clients and their transactions, monitor their transactions to see if they conform to their profile, examine further any unusual transactions, and report to the government any suspicious transactions. Part I.C continues the description of the preventive measures system by describing the government's role, which is to assist the private sector in identifying suspicious transactions, ensure compliance with the preventive measures …
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.
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.
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.
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.
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.
What Are The Requirements For Appointment Of An Expert Under International Criminal Law And What Is The Law Regarding The Examination Of An In-House Expert?, Alex Buskirk
War Crimes Memoranda
No abstract provided.
Can The Systematic Elimination Of Buddhist Leadership Along With A Ban On That Religion And Destruction Of Pagodas Be Used To Charge Genocide Against Khmer Rouge Leaders?, Stephen Ellsesser
Can The Systematic Elimination Of Buddhist Leadership Along With A Ban On That Religion And Destruction Of Pagodas Be Used To Charge Genocide Against Khmer Rouge Leaders?, Stephen Ellsesser
War Crimes Memoranda
No abstract provided.
What Are The Requirements Of Pleading Jce In An Indictment? What Are The Requirements Of Pleading Co-Perpetration In And Indictment Under The Icc Statute?, Gregory Scott Miao
What Are The Requirements Of Pleading Jce In An Indictment? What Are The Requirements Of Pleading Co-Perpetration In And Indictment Under The Icc Statute?, Gregory Scott Miao
War Crimes Memoranda
No abstract provided.
Can The Systematic Elimination Of Cambodian Citizens Identified As Vietnamese Sympathizers Be Grounds For Charging The Khmer Rouge With Genocide Of The Vietnamese National Group?, Adrienne Cavender
War Crimes Memoranda
No abstract provided.
Grounds For Challenging/Defending Tribunal’S Establishment And Jurisdiction What Are The Possible Legal Challenges Relating To The Establishment And Jurisdiction Of The Tribunal? How Can These Arguments Best Be Refuted?, Jacqueline C. Greene
War Crimes Memoranda
No abstract provided.
Under U.S. And Other Common Law Traditions, What Conditions Have To Be Met For That To Take Place? How Can Assets Be Released And Generally For What Purposes? How And To What Extent And Under What Conditions Can Assets Be Unfrozen?, Saini Sudnagunta
War Crimes Memoranda
No abstract provided.
What Does International Human Rights/ International Criminal Tribunal Jurisprudence Say About Trials In Absentia?, Jason A. Greenglass
What Does International Human Rights/ International Criminal Tribunal Jurisprudence Say About Trials In Absentia?, Jason A. Greenglass
War Crimes Memoranda
No abstract provided.
The Issue As Presented To Me Is “Enforced Disappearance As A Crime Against Humanity (1975): Was Enforced Disappearance A Crime Against Humanity As Part Of Customary International Law In 1975?, Elisabeth Herron
War Crimes Memoranda
No abstract provided.
Corrupt Conditions Surrounding The Eccc And Their Effect On Judicial Decision-Making And The Appearance Of Fairness, Michael A. Kertesz
Corrupt Conditions Surrounding The Eccc And Their Effect On Judicial Decision-Making And The Appearance Of Fairness, Michael A. Kertesz
War Crimes Memoranda
No abstract provided.
Would An Accused Or A Witness Who Is A State Official Be Able To Claim Immunity From Before The Stl? If So, What Type Of Immunity And What Would The Consequences Of Such A Successful Claim Be?, Heather Ludwig
War Crimes Memoranda
No abstract provided.
The Scope Of “Public Interest” As A Justification For Non-Disclosure Of Evidence By The Prosecution In International Tribunals And Domestic Courts, Geoff B. Mccarrell
The Scope Of “Public Interest” As A Justification For Non-Disclosure Of Evidence By The Prosecution In International Tribunals And Domestic Courts, Geoff B. Mccarrell
War Crimes Memoranda
No abstract provided.
International Law And The Torture Memos, Michael P. Scharf
International Law And The Torture Memos, Michael P. Scharf
Faculty Publications
This article explores the influence of international law in the evolution of the Bush Administration's policies toward detainees in the global war on terror. The detainee case study provides a modern lens for evaluating Jack Goldsmith and Eric Posner's hypothesis set forth in THE LIMITS OF INTERNATIONAL LAW that international law exerts no “compliance pull” on American policymakers in times of crisis.
The Nrc Report And Its Implications For Criminal Litigation, Paul C. Giannelli
The Nrc Report And Its Implications For Criminal Litigation, Paul C. Giannelli
Faculty Publications
The National Research Council, an arm of the National Academy of Sciences, issued a landmark report on forensic science in February 2009. In the long run, the report’s recommendations, if adopted, would benefit law enforcement and prosecutors. The recommendations would allow forensic science to develop a strong scientific basis and limit evidentiary challenges regarding the reliability of forensic evidence. In keeping with its congressional charge, however, the NRC Committee did not directly address admissibility issues. Nevertheless, given its content, the report will inevitably be cited in criminal cases. Indeed, within months, the United States Supreme Court cited the report, noting …
Foreword: Combating Terrorist Financing, Richard K. Gordon, Christyn Rossman
Foreword: Combating Terrorist Financing, Richard K. Gordon, Christyn Rossman
Faculty Publications
Forward to the Case Western Reserve University School of Law's Institute for Global Security Law and Policy symposium The World Conference on Combating Terrorist Financing, Cleveland, OH, April 10 to 11, 2008