Law Commons^™

Practice Regarding Motions For Acquittal At The Close Of Evidence For The Prosecution. Specifically An Overview Of The Law And Practice Of The International Criminal Tribunals Regarding Motions For Judgment Of Acquittal At The Close Of The Prosecution Case, The Legal Standards Applied By The Other Tribunals That Also Provide For Such Motions, As Well As In The Practice Adopted, Including Whether The Practice Involves Full Briefing By The Parties Or Just Oral Argument., Daniel Joseph Carravallah

War Crimes Memoranda

No abstract provided.

Disagreement Settlement Between Co-Investigating Judges When Super-Majority Vote Is Not Reached In Pre-Trial Chamber, Yitao Li

War Crimes Memoranda

No abstract provided.

Federal Preemption On Michigan State's Authority Enacting Law Concerning Ballast Water Discharge In The Great Lake, Mengxue Xie

War Crimes Memoranda

No abstract provided.

Can Thomas Kwoyelo Negate The Requisite Mens Rea By Qualifying For Any Psychological Defenses Resulting From His Adbuction During His Childhood By A Militant Organization?, Scott Bobbitt

War Crimes Memoranda

No abstract provided.

Scope Of Judicial Discretion Over Indictment At The Pre-Trial Level. Specifically Addressing Whether A Suspect Or Charged Person May Be Indicted By The Co-Investigating Judges For Specific Criminal Events That Have Not Been Specifically Requested To Be Investigated In Either An Introductory Or Supplemental Submission Against That Suspect By The Co-Prosecutors? If So, Under What Conditions?, Victoria Sarant

War Crimes Memoranda

No abstract provided.

Drawing An Adverse Interest Against The Accused For Refusal To Answer Questions, Emily Sherwood

War Crimes Memoranda

No abstract provided.

Can A Service Member Who Lies In Order To Obtain Leave Still Be Charged With Being Absent Without Leave Under Article 86 Of The Uniform Code Of Military Justice?, Christina Marie Dombrowski

War Crimes Memoranda

No abstract provided.

The Environmental Protection Of The Great Lakes And Enbridge’S Line 5 Under The Straits Of Mackinac, Brittany Hock

War Crimes Memoranda

No abstract provided.

How Does The Judgement Of The Eccc Trial Chamber Against Nuon Chea And Khieu Samphan In Case 002/01 Compare With The Judgments Of Other International Criminal Courts Or Tribunals In Terms Of The Quality And Quantity Of The Evidence Relied On As The Basis Of Convictions?, Sabrina Turner

War Crimes Memoranda

No abstract provided.

Anarchy In The Tribal Border Regions – How Do Federal And State Governments Handle Transnational Crime Prevention And Enforcement In Tribal Border Regions?, Aji M. Drameh

War Crimes Memoranda

No abstract provided.

Speed Of The Eccc Trials Compared To Other International Trials And Tribunals. Specifically Discussing The Numerical Speed Of The Pre-Indictment, Pre-Trial, And Trial Phases As Compared To Other International Trials And Tribunals. Also Specifically Discussing Whether The Eccc Comparatively Fails To Achieve The Purposes Of International Criminal Trials As A Direct Result Of The Speed Of The Eccc’S Process., Erin Rosson

War Crimes Memoranda

No abstract provided.

Relationship Between Old Age And Prosecution Specifically Addressing Whether Old Age Should Ever Be A Factor In Deciding Whether To Prosecute Large Scale Human Rights Abusers, Assuming Reasonable Health., Valerie Villacampa

War Crimes Memoranda

No abstract provided.

Scope Of A Prosecutor’S Duty To Disclose Impeachment Evidence Under Rules For Courts-Martial 701(A)(6), Lauren Tuttle

War Crimes Memoranda

No abstract provided.

Fairness Of The Trial Of Eccc Case 002/01 Compared To Other Comparable Judgments In International Tribunals, Nicole Triola

War Crimes Memoranda

No abstract provided.

Inter-National Justice For Them Or Global Justice For Us?: The U.S. As A Supranational Justice Donor, Margaret M. Deguzman

Case Western Reserve Journal of International Law

U.S. policy concerning international justice, particularly at the ICC, involves case-by-case support when such support is in U.S. national interests. This policy signals that the U.S. considers itself a supranational justice donor rather than a member of a global justice community committed to enforcing shared values. This approach to international criminal justice both inhibits global justice efforts and undermines the U.S. claim to global moral leadership. The next U.S. administration should assert full membership in the global justice community by joining the ICC and providing unequivocal support for all efforts to address serious international crimes.

Foreword: The International Law Legacy Of The Obama Administration, Michael P. Scharf, Julia Liston

Case Western Reserve Journal of International Law

An introduction is presented in which editor discusses various articles within the issue based on the legacy of U.S. President Barack Obama's administration on right to use force in self-defense against non-state actors, foreign policy accomplishments in the Middle East and climate change.

Essay: Iran And The Military Option, Gregory P. Noone Dr.

Case Western Reserve Journal of International Law

When politicians, pundits, and prognosticators discuss the "military option" for Iran it is important to understand that it will in all likelihood result in a full scale international armed conflict. If the "military option" mission is to eliminate Iran's nuclear capabilities, there is no one target to destroy, bomb, or obliterate that will render Iran's nuclear program dead therefore making such an option unlikely to be quick or efficient. A conflict with Iran would involve an extensive air campaign and probably result in Iran launching missiles at Israel and Eastern Europe. The Persian Gulf would effectively be closed off as …

How The War Against Isis Changed International Law, Michael P. Scharf

Case Western Reserve Journal of International Law

Full-text is available at:

https://scholarlycommons.law.case.edu/faculty_publications/1638/

In an effort to destroy ISIS, beginning in August 2014, the United States, assisted by a handful of other Western and Arab countries, carried out thousands of bombing sorties and cruise missile attacks against ISIS targets in Iraq and Syria. Iraq had consented to the airstrikes in its territory, but Syria had not, and Russia blocked the UN Security Council from authorizing force against ISIS in Syria. The United States invoked several different legal arguments to justify its airstrikes, including the right of humanitarian intervention, the right to use force in a failed state, and …

President Obama's Legacy: The Iran Nuclear Agreement?, Milena Sterio

Case Western Reserve Journal of International Law

Iran, the United States, and several world super-powers signed a historic nuclear agreement over the summer of 2015. The Agreement is a comprehensive plan of action, with an unprecedented level of minutia and detail regarding Iran's commitment to curb its nuclear program in exchange for the lifting of United Nations-imposed sanctions against Iran. This Agreement, if it is successfully implemented, may represent President Obama's most significant foreign policy achievement and may become the most important element of President Obama's legacy. This Article will examine the Iran Nuclear Agreement by focusing on the events which led to the imposition of sanctions …

President Obama's Approach To The Middle East And North Africa: Strategic Absence, Paul Williams

Case Western Reserve Journal of International Law

No abstract provided.

Climate Change Negotiations: Legal And Other Issues On The Road To Paris, Susan Biniaz

Case Western Reserve Journal of International Law

This article is born of a panel discussion from September 18, 2015, regarding "Regulating and Treaty-Making: Addressing Climate Change under the Obama Presidency." The article examines issues that affected discussions shortly before the final negotiations at the United Nations Climate Change Conference in Paris in 2015.

The Obama Administration's Clean Air Act Legacy And The Unfcc, Uma Outka

Case Western Reserve Journal of International Law

This article is born of a panel discussion from September 18, 2015, regarding "Regulating and Treaty-Making: Addressing Climate Change under the Obama Presidency." The article examines issues that affected discussions shortly before the final negotiations at the United Nations Climate Change Conference in Paris in 2015.

Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson

Case Western Reserve Journal of International Law

Political rhetoric and ongoing litigation that challenge the use of prosecutorial discretion and deferred action in immigration law often prominently feature claims that these initiatives demonstrate a lack of respect for the rule of law. This short essay seeks to highlight gaps between U.S. immigration law and its international human rights obligations and identify ways in which the use of discretion can advance rather than undermine the rule of law. In reconciling the ability of States to control matters of immigration with protections of family integrity, the touchstone in international law is balance. A State's right to expel a non-citizen …

Remarks On Executive Action And Immigration Reform, Shoba Sivaprasad Wadhia

Case Western Reserve Journal of International Law

This essay places the President's executive actions on immigration last November into a larger context by providing a brief history of prosecutorial discretion in immigration cases. This essay also describes how law students at Penn State Law School used the President's announcement of executive actions as a platform for local change in the State College community.

International Law In The Obama Administration's Pivot To Asia: The China Seas Disputes, The Trans-Pacific Partnership, Rivalry With The Prc, And Status Quo Legal Norms In U.S. Foreign Policy, Jacques Delisle

Case Western Reserve Journal of International Law

The Obama administration's "pivot" or "rebalance" to Asia has shaped the Obama administration's impact on international law. The pivot or rebalance has been primarily about regional security in East Asia (principally, the challenges of coping with a rising and more assertive China--particularly in the context of disputes over the South China Sea -- and resulting concerns among regional states), and secondarily about U.S. economic relations with the region (including, as a centerpiece, the Trans-Pacific Partnership). In both areas, the Obama administration has made international law more significant as an element of U.S. foreign policy and has sought to present the …

Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz

Case Western Reserve Journal of International Law

At the 2015 Annual Meeting of the American Society of International Law, a U.S. policy statement on the crime of aggression was presented as part of a panel entitled "The ICC Crime of Aggression and the Changing International Security Landscape." This article examines current U.S. policy on the crime of aggression, highlighting the historic role that the U.S. played in establishing aggression as an international crime after World War II, and concludes that activation of ICC jurisdiction over the crime of aggression would be a significant step forward in the development of international law.

Criminally Disproportionate Warfare: Aggression As A Contextual War Crime, Rachel E. Vanlandingham

Case Western Reserve Journal of International Law

International law has long recognized the general principle that an illegal act cannot produce legal rights. Yet, this principle of ex injuria jus non oritur is seemingly ignored in the uneasy relationship between the two international legal regimes most associated with war. A head of State can, for example, violate international law regulating the resort to armed force by ordering his military forces to illegally invade another country, yet he, through his military forces, simultaneously and subsequently benefits on the battlefield from the application of the separate body of international law regulating the actual conduct of war. The paradoxical benefit …

Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris

Case Western Reserve Journal of International Law

War has forever been considered the utmost necessary evil. Nevertheless, international law has for some time sought to limit the right to wage war (jus ad bellum), as well as the means and methods employed amid war (jus in bello). Although these two branches of law now share humanitarian purposes the prevention of war and its effects -- they have generally been kept separate throughout history. However, confronted with widespread violations of jus in bello, resulting in appalling humanitarian disasters, some have suggested amending their relationship. This was notably sought at the Nuremberg Trials, where prosecutors failed to contend that …

The Fission And Fusion In International Use Of Force: Relating Unlawful Use Of Force And The War Crime Of Disproportionate Force Not Justified By Miitary Necessity, Mbori Otieno, Emmah Wabuke, Smith Otieno

Case Western Reserve Journal of International Law

Jus ad bellum and jus in bello are not disparate in operation. There are several points of intersection in the two concepts, commencing with the context in which they apply, and further, in their interpretation of the general principles of proportionality and necessity. Although proportionality connotes divergent theoretical notions depending on the backdrop against which it is set, in practice, these notions are often fused together. However, points of fission (divergence) still persist. The best example of which is in the context of 'The Crime of Disproportionate Use of Force' where the difference between the two notions of 'proportionality' can …

Talking Foreign Policy: The Iran Nuclear Accord, Radio Program

Case Western Reserve Journal of International Law

one hour radio program on the Iran Nuclear Agreement, featuring Michael P. Scharf, Mileno Sterio, Avidan Cover, Paul Williams, and Col. Mike Newton