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Articles 1 - 15 of 15

Full-Text Articles in Law

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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.


No Way Out? The Question Of Unilateral Withdrawals Of Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd Jan 2009

No Way Out? The Question Of Unilateral Withdrawals Of Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd

Faculty Publications

Growing out of the authors' work for the International Criminal Court, which was sponsored by a grant from the Open Society Institute, No Way Out examines one of the most vexing legal questions facing the International Criminal Court - whether a State that has referred a case to the Court can subsequently withdraw its referral as part of a domestic peace agreement? The issue has arisen with respect to Uganda's interest in withdrawing its self-referral as part of a peace deal with the leaders of the Lord's Resistance Army. This article examines the Rome Statute, the drafting history, and the …


International Law And The Torture Memos, Michael P. Scharf Jan 2009

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.


Foreword: Combating Terrorist Financing, Richard K. Gordon, Christyn Rossman Jan 2009

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


The Nrc Report And Its Implications For Criminal Litigation, Paul C. Giannelli Jan 2009

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 …