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Articles 1 - 15 of 15

Full-Text Articles in Law

Expert Witnesses, Kimberly M. Miles Jan 2001

Expert Witnesses, Kimberly M. Miles

War Crimes Memoranda

No abstract provided.


Proving The Nexus Between A Criminal Defendant And The Criminal Conducts Of Subordinates And Associates In War Crimes Charges Pursuant To Article 4 Of The Ictr, Richard Davies Jan 2001

Proving The Nexus Between A Criminal Defendant And The Criminal Conducts Of Subordinates And Associates In War Crimes Charges Pursuant To Article 4 Of The Ictr, Richard Davies

War Crimes Memoranda

No abstract provided.


A Comparative Analysis Of National Rules In The United States, The United Kingdom And Canada On The Ethical Duties Of A Judge, Prosecutor And Defense Counsel On Making Commentary To The Press In An Ongoing Case, Bradley M.J. Kellogg Jan 2001

A Comparative Analysis Of National Rules In The United States, The United Kingdom And Canada On The Ethical Duties Of A Judge, Prosecutor And Defense Counsel On Making Commentary To The Press In An Ongoing Case, Bradley M.J. Kellogg

War Crimes Memoranda

No abstract provided.


Is Evidence Of Rape Relevant And Therefore Admissible Where Genocide, But Not Crimes Against Humanity (Rape), Has Been Charged In An Indictment?, Kathleen Cavanaugh Jan 2001

Is Evidence Of Rape Relevant And Therefore Admissible Where Genocide, But Not Crimes Against Humanity (Rape), Has Been Charged In An Indictment?, Kathleen Cavanaugh

War Crimes Memoranda

No abstract provided.


The Concept Of Withdrawal From A Conspiracy, Tammy Lopez Jan 2001

The Concept Of Withdrawal From A Conspiracy, Tammy Lopez

War Crimes Memoranda

No abstract provided.


The Degree Of Corroboration Required For A Witness’ Testimony To Be Considered Credible By The Trial Chamber., Patricia Wedding Jan 2001

The Degree Of Corroboration Required For A Witness’ Testimony To Be Considered Credible By The Trial Chamber., Patricia Wedding

War Crimes Memoranda

No abstract provided.


The Exercise Of Universal Jurisdiction By Belgium Over Ictr Targets, Julia J. Carabillo Jan 2001

The Exercise Of Universal Jurisdiction By Belgium Over Ictr Targets, Julia J. Carabillo

War Crimes Memoranda

No abstract provided.


Undue Delay, Kelly M. Before Jan 2001

Undue Delay, Kelly M. Before

War Crimes Memoranda

No abstract provided.


The Balancing Of The Rights Of The Accused Against The Rights Of A Witness In Regard To Anonymous Testimony., Anna M. Haughton Jan 2001

The Balancing Of The Rights Of The Accused Against The Rights Of A Witness In Regard To Anonymous Testimony., Anna M. Haughton

War Crimes Memoranda

No abstract provided.


Superior Responsibility Absent The Subordinate Being Formally Charged, Chad Frederick Affsa Jan 2001

Superior Responsibility Absent The Subordinate Being Formally Charged, Chad Frederick Affsa

War Crimes Memoranda

No abstract provided.


Surrender Of Accused By Domestic States To The Ictr, Agnes Escurel Jan 2001

Surrender Of Accused By Domestic States To The Ictr, Agnes Escurel

War Crimes Memoranda

No abstract provided.


The Decision By The Appeals Chamber In Jelisić Not To Remit The Case For Trial After Reversing A Mid-Trial Acquittal, Gregory P. Lombardi Jan 2001

The Decision By The Appeals Chamber In Jelisić Not To Remit The Case For Trial After Reversing A Mid-Trial Acquittal, Gregory P. Lombardi

War Crimes Memoranda

No abstract provided.


The International Criminal Court's Jurisdiction Over The Nationals Of Non - Party States: A Critique Of The U.S. Position, Michael P. Scharf Jan 2001

The International Criminal Court's Jurisdiction Over The Nationals Of Non - Party States: A Critique Of The U.S. Position, Michael P. Scharf

Faculty Publications

This article analyzes the validity of the U.S. argument against the ICC's jurisdiction over the nationals of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of non-party states, but the U.S. government's legal argument, which rests on shaky foundations. The article also highlights the potential unintended repercussions of the current U.S. legal position. This analysis could have a substantial bearing on the approach the United States takes to the Rome Statute, for it indicates that the United States actually …


The Icc's Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf Jan 2001

The Icc's Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf

Faculty Publications

This article analyzes the validity of the U.S. argument against the ICC's jurisdiction over the nationals of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of non- party states, but the U.S. government's legal argument, which rests on shaky foundations. The article also highlights the potential unintended repercussions of the current U.S. legal position. This analysis could have a substantial bearing on the approach the United States takes to the Rome Statute, for it indicates that the United States …


Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law, Michael P. Scharf Jan 2001

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law, Michael P. Scharf

Faculty Publications

The problem of defining "terrorism" has vexed the international community for years. The United Nations General Assembly has repeatedly called for the convening of an international conference to define terrorism and distinguish it from legitimate acts in furtherance of national liberation struggles.' A decade ago, representing the United States, I gave a speech in the United Nations Sixth (Legal) Committee, in which I pointed out that general definitions of terrorism "are notoriously difficult to achieve and dangerous in what all but the most perfect of definitions excludes by chance." Today, we hear calls for a renewed effort to reach international …