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- Publication Year
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- Case Western Reserve Journal of International Law (197)
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- Publication Type
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Articles 1921 - 1950 of 2919
Full-Text Articles in Entire DC Network
Access To Witnesses In National & International Criminal Courts, Harper Jean Tobin
Access To Witnesses In National & International Criminal Courts, Harper Jean Tobin
War Crimes Memoranda
No abstract provided.
Can A State Party That Has Referred A Situation To The Icc "Withdraw" The Referral?, Patrick G. Dowd
Can A State Party That Has Referred A Situation To The Icc "Withdraw" The Referral?, Patrick G. Dowd
War Crimes Memoranda
No abstract provided.
Discuss The Relationship Between Command Responsibility And Jce3. Address Specifically The Argument That If Jce3 Applies Then Any Acts Of Violence Committed By Service Members Against Civilians (Such As Rape) Will Be War Crimes Because Such Acts Are Foreseeable During War. Also Address Whether The Approach Of Applying Jce3 To War Crimes Dictates That Commanders Will Always Be War Criminals When Pursuing A War., Meredith Wood Bowen
War Crimes Memoranda
No abstract provided.
How Far Does The Requirement Of Judicial Impartiality Extend? Do The Requirements Of Judicial Impartiality Extended Down To Court Officers And Staff?, Michael Hammond
How Far Does The Requirement Of Judicial Impartiality Extend? Do The Requirements Of Judicial Impartiality Extended Down To Court Officers And Staff?, Michael Hammond
War Crimes Memoranda
No abstract provided.
Individual Liability For Those Who Establish Or Control Instruments Of Government Specifically Addressing The Argument To What Extent, And How Far Can Reliance On An Accused’S Participation In The Establishment And/Or Control Of The Instruments Of Government That Spearheaded/Masterminded A Genocide And Other International Crimes, Take The Prosecutor In Establishing The Criminal Culpability Of An Accused?, William Clifford Ferrell
War Crimes Memoranda
No abstract provided.
The Scope Of Military Necessity, Lydia Bakaki
The Scope Of Military Necessity, Lydia Bakaki
War Crimes Memoranda
No abstract provided.
Using Criminal Means To Arrive At A Legitimate Purpose: Jce Liability And Notice In Light Of The Prosecutor V. Brima, Kamara And Kanu Judgment, Niki Dasarathy
Using Criminal Means To Arrive At A Legitimate Purpose: Jce Liability And Notice In Light Of The Prosecutor V. Brima, Kamara And Kanu Judgment, Niki Dasarathy
War Crimes Memoranda
No abstract provided.
What Was Saddam’S Status When He Was In United States Custody At The Request Of The Iraqi Government? Does The Characterization Of The Conflict Affect Saddam's Status As A Detainee? Can A Prisoner's Status Change Over Time, And If So, How?, Robert C. Bliss
War Crimes Memoranda
No abstract provided.
After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika R. George
After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika R. George
Loyola University Chicago International Law Review
No abstract provided.
What Is The Current Status Of The Legality Of The Criminal Liability Theory Of Joint Criminal Enterprise And Can It Be Argued That Jce Theory Was Part Of Customary International Law In 1975?, Jonathan Barra
War Crimes Memoranda
No abstract provided.
Darfur, The Authority Of Law, And Unilateral Humanitarian Intervention, 39 U. Tol. L. Rev. 97 (2007), Samuel Vincent Jones
Darfur, The Authority Of Law, And Unilateral Humanitarian Intervention, 39 U. Tol. L. Rev. 97 (2007), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson
The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson
Research Reports & White Papers
This short policy paper considers US counterterrorism policy with particular attention to treatment of detainees in matters of challenging detention, interrogation, trial of detainees, and release. It analyzes the existing US war on terror and considers future policies that would address both national security concerns and human rights/civil liberties concerns. The paper is written by two experts and advocates in counterterrorism-related issues, coming from the center right and the center left in American politics, as part of a project of the Stanley Foundation, Bridging the Foreign Policy Divide, which publishes papers by pairs of experts coming from conservative and progressive …
Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt
Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
The ICC Prosecutor's own charging policies should be prepared to give way to the judgments of legitimate political actors in times of political transition when actual arrests are more likely and competing justice proposals pose a more troubling challenge to the ICC's authority. In that scenario, I argue that the Prosecutor should encourage legitimate political actors to reach policy decisions that will command deference by the ICC. Such deference could take one or both of the following forms: (1) explicit deference to political actors, principally the U.N. Security Council acting under Chapter VII of the U.N. Charter, and (2) implied …
The Role Of The International Criminal Court In Enforcing International Criminal Law, Philippe Kirsch
The Role Of The International Criminal Court In Enforcing International Criminal Law, Philippe Kirsch
American University International Law Review
No abstract provided.
Chaos In The Courtroom, Controlling Disruptive Defendants And Contumacious Counsel In War Crimes Trials, Michael P. Scharf
Chaos In The Courtroom, Controlling Disruptive Defendants And Contumacious Counsel In War Crimes Trials, Michael P. Scharf
Faculty Publications
During the eight month-long Dujail trial (October 2005-August 2006), Saddam Hussein, his seven co-defendants, and their dozen lawyers regularly disparaged the judges, interrupted witness testimony with outbursts, turned cross examination into political diatribes, and staged frequent walk-outs and boycotts. Drawn from the author's September 2006 lecture to the staff of the Office of the Prosecutor of the International Criminal Court in The Hague, this article examines some of history's previous messy trials and the strategies judges have employed with varying degrees of success to respond to disruptive conduct by trial participants. It then describes the various tactics employed by the …
Forward: Lessons From The Saddam Trial, Michael P. Scharf
Forward: Lessons From The Saddam Trial, Michael P. Scharf
Faculty Publications
Forward to the conference on "Lessons from the Daddam Trial."
The Federal Judicial Power And The International Legal Order, Curtis A. Bradley
The Federal Judicial Power And The International Legal Order, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility?, Dermot Groome
Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility?, Dermot Groome
Faculty Scholarly Works
Last February, the International Court of Justice issued a judgement adjudicating claims by Bosnia and Herzegovina that Serbia breached the 1948 Genocide Convention – the case marks the first time a state has made such claims against another. The alleged genocidal acts were the same as those that have been the subject of several criminal trials in the Yugoslav Tribunal. The judgment contained several landmark rulings – among them, the Court found that a state, as a state, could commit the crime of genocide and the applicable standard of proof for determining state responsibility is comparable to the standard used …
Re-Evaluating The Theoretical Basis And Methodology Of International Criminal Trials, Dermot Groome
Re-Evaluating The Theoretical Basis And Methodology Of International Criminal Trials, Dermot Groome
Faculty Scholarly Works
No abstract provided.
Balancing Lives: Individual Accountability And The Death Penalty As Punishment For Genocide (Lessons From Rwanda), Melynda J. Price
Balancing Lives: Individual Accountability And The Death Penalty As Punishment For Genocide (Lessons From Rwanda), Melynda J. Price
Law Faculty Scholarly Articles
The purpose of this Article is not to answer the question of whether the death penalty is an appropriate punishment for genocide. One could safely argue that there is an emerging norm in international law against the death penalty, but individual countries have maintained their right to use the death penalty and continue to do so in code and in practice. This Article, using Rwanda as a case study, evaluates the real outcomes of such discrepancies in punishment at the domestic and international level, and the ability of both approaches to bring justice to the victims of genocide. Both domestic …
Balancing Individual Rights And Public Health Safety During Quarantine: The U.S. And Canada, Erin M. Page
Balancing Individual Rights And Public Health Safety During Quarantine: The U.S. And Canada, Erin M. Page
Case Western Reserve Journal of International Law
No abstract provided.
Atrocity Crimes Framing The Responsibility To Protect, David Scheffer
Atrocity Crimes Framing The Responsibility To Protect, David Scheffer
Case Western Reserve Journal of International Law
No abstract provided.
Boxed In - Semantic Indifference To Atrocity, David M. Crane
Boxed In - Semantic Indifference To Atrocity, David M. Crane
Case Western Reserve Journal of International Law
No abstract provided.
The International Criminal Court: Seeking Global Justice, Luis Moreno-Ocampo
The International Criminal Court: Seeking Global Justice, Luis Moreno-Ocampo
Case Western Reserve Journal of International Law
No abstract provided.
The Punishment And Prevention Of Genocide: The International Criminal Court As A Benchmark Of Progress And Need, Christine H. Chung
The Punishment And Prevention Of Genocide: The International Criminal Court As A Benchmark Of Progress And Need, Christine H. Chung
Case Western Reserve Journal of International Law
No abstract provided.
Defending Individuals Accused Of Genocide, Mikhail Wladimiroff
Defending Individuals Accused Of Genocide, Mikhail Wladimiroff
Case Western Reserve Journal of International Law
No abstract provided.
The Nuremberg Roles Of Justice Robert H. Jackson, John Q. Barrett
The Nuremberg Roles Of Justice Robert H. Jackson, John Q. Barrett
Faculty Publications
This lecture covers the background of Robert H. Jackson and the story of "Nuremberg," which is Jackson's Nuremberg. The program of this Nuremberg conference states that Prof. Barrett will speak about "The Crucial Role of Robert H. Jackson." In fact, there were multiple Jackson roles at Nuremberg—many, many roles and moments were encompassed in the undertaking that has come to be so significant historically that the primary, global meaning of the word "Nuremberg" today is, and probably always will be, the 1945-46 international trial of the principal surviving Nazi criminals. Justice Jackson's Nuremberg was over 15 months of full time …
Judging International Judgments, Mark L. Movsesian
Judging International Judgments, Mark L. Movsesian
Faculty Publications
What effect should rulings of international courts have in domestic courts? In the U.S., debate has centered on a series of rulings by the International Court of Justice (ICJ) on the application of the Vienna Convention on Consular Relations (VCCR). The VCCR, a multilateral treaty that the United States ratified in 1969, grants foreign nationals the right to seek the assistance of their consulates in the event that local authorities arrest them. An Optional Protocol to the VCCR gives the ICJ jurisdiction over disputes relating to the interpretation and application of the treaty. Since the late 1990s, the ICJ repeatedly …
Endless Emergency: The Case Of Egypt, Sadiq Reza
Endless Emergency: The Case Of Egypt, Sadiq Reza
Articles & Chapters
The Arab Republic of Egypt has been in a declared state of emergency continuously since 1981 and for all but three of the past fifty years. Emergency powers, military courts, and other exceptional powers are governed by longstanding statutes in Egypt and authorized by the constitution, and their use is a prominent feature ofeveryday rule there today. This essay presents Egypt as a case study in what is essentially permanent governance by emergency rule and other exceptional measures. It summarizes the history and framework ofemergency rule in Egypt, discusses the apparent purposes and consequences of that rule, mentions judicial limitations …
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
Law Faculty Scholarship
No abstract provided.