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International Law

Case Western Reserve University School of Law

Series

2003

Keyword
Publication

Articles 1 - 24 of 24

Full-Text Articles in Law

A Comparative Study Of Exclusion Of Evidence On The Grounds Of The Means By Which It Was Obtained, Brian Beller Jan 2003

A Comparative Study Of Exclusion Of Evidence On The Grounds Of The Means By Which It Was Obtained, Brian Beller

War Crimes Memoranda

No abstract provided.


(1) Is There A Role For “Fair Trial Observers” In International Criminal Law Trials? (2) Discussion Of Observers In Other High Profile Trials (3) Proposed Guidelines For Ictr Fair Trial Observers, Ryan C. Scott Jan 2003

(1) Is There A Role For “Fair Trial Observers” In International Criminal Law Trials? (2) Discussion Of Observers In Other High Profile Trials (3) Proposed Guidelines For Ictr Fair Trial Observers, Ryan C. Scott

War Crimes Memoranda

No abstract provided.


Command Responsibility For Failure To Punish War Crimes Committed Under A Predecessor Commander, Carol Tyler Fox Jan 2003

Command Responsibility For Failure To Punish War Crimes Committed Under A Predecessor Commander, Carol Tyler Fox

War Crimes Memoranda

No abstract provided.


Can An Omission Fulfill The Actus Reus Requirment For Complicity In Genocide, And To What Degree Does Article 6(3) Of The Ictr Statute Impute Criminal Liability For The Crime To A Superior Officer?, Raneisha Blair Jan 2003

Can An Omission Fulfill The Actus Reus Requirment For Complicity In Genocide, And To What Degree Does Article 6(3) Of The Ictr Statute Impute Criminal Liability For The Crime To A Superior Officer?, Raneisha Blair

War Crimes Memoranda

No abstract provided.


Comparative Study Of Alternative Punishments To The Death Penalty, Courtney A. Mengel Jan 2003

Comparative Study Of Alternative Punishments To The Death Penalty, Courtney A. Mengel

War Crimes Memoranda

No abstract provided.


Does The Phrase “On Political, Racial, Or Religious Grounds” In Article 3(H) Of The Ictr Statute And 5(H) Of The Icty Statute Foreclose Conviction Based On Persecution Against Ethnic Or National Minorities?, Shaun M. Smith Jan 2003

Does The Phrase “On Political, Racial, Or Religious Grounds” In Article 3(H) Of The Ictr Statute And 5(H) Of The Icty Statute Foreclose Conviction Based On Persecution Against Ethnic Or National Minorities?, Shaun M. Smith

War Crimes Memoranda

No abstract provided.


Head Of State Doctrine And International Law Violations, Diego A. Archer Jan 2003

Head Of State Doctrine And International Law Violations, Diego A. Archer

War Crimes Memoranda

No abstract provided.


Reasoned Judgments Requirement In International Criminal Law, Heather M. Kern Jan 2003

Reasoned Judgments Requirement In International Criminal Law, Heather M. Kern

War Crimes Memoranda

No abstract provided.


Responsibility Of Military Commanders To Protect Civilians From Attacks By Other Civilians And The State Within Commander’S Area Of Control, V. Justin Arpey Jan 2003

Responsibility Of Military Commanders To Protect Civilians From Attacks By Other Civilians And The State Within Commander’S Area Of Control, V. Justin Arpey

War Crimes Memoranda

No abstract provided.


The Elements Of Rape As A Crime Against Humanity, What Witnesses Are Required To Say To Satisfy These Elements, And The Cultural Implications Of Describing Rape In Detail, Nicole Dorsky Jan 2003

The Elements Of Rape As A Crime Against Humanity, What Witnesses Are Required To Say To Satisfy These Elements, And The Cultural Implications Of Describing Rape In Detail, Nicole Dorsky

War Crimes Memoranda

No abstract provided.


What Is The Distinction Between “Joint Criminal Enterprise” As Defined By The Icty Case Law And Conspiracy In Common Law Jurisdictions?, Rajiv K. Punja Jan 2003

What Is The Distinction Between “Joint Criminal Enterprise” As Defined By The Icty Case Law And Conspiracy In Common Law Jurisdictions?, Rajiv K. Punja

War Crimes Memoranda

No abstract provided.


The Role Of The Prosecutor And The Judge, Robert Tibbitts Jan 2003

The Role Of The Prosecutor And The Judge, Robert Tibbitts

War Crimes Memoranda

No abstract provided.


A Comparative Analysis Of The Mens Rea Requirment For Complicity As Appled In The International Tribuanls And The Common-Law Jurisdictions Of The United States, England & Australia, John W. Gold Jan 2003

A Comparative Analysis Of The Mens Rea Requirment For Complicity As Appled In The International Tribuanls And The Common-Law Jurisdictions Of The United States, England & Australia, John W. Gold

War Crimes Memoranda

No abstract provided.


Comparative Study On The Weight To Be Attached To The Evidence Of Co-Perpetrators In Civil, Common Law And International Criminal Law Systems, Laura S. Steehler Jan 2003

Comparative Study On The Weight To Be Attached To The Evidence Of Co-Perpetrators In Civil, Common Law And International Criminal Law Systems, Laura S. Steehler

War Crimes Memoranda

No abstract provided.


Gross Negligence And Recklessness As Sufficient Mens Rea For A Crime Against Humanity Assuming The Accused Has Knowledge Of The Chapeau Elements, Stephen W. Byrne Jan 2003

Gross Negligence And Recklessness As Sufficient Mens Rea For A Crime Against Humanity Assuming The Accused Has Knowledge Of The Chapeau Elements, Stephen W. Byrne

War Crimes Memoranda

No abstract provided.


Procedural Rules Relating To The Admissibility Of Evidence Of A Consistent Pattern Of Conduct In Criminal Trials, Christopher B. Kiehl Jan 2003

Procedural Rules Relating To The Admissibility Of Evidence Of A Consistent Pattern Of Conduct In Criminal Trials, Christopher B. Kiehl

War Crimes Memoranda

No abstract provided.


A Comparative Study Of Sexual Violence Trials In The Icty And Ictr Comparing Six Particular Issues, Siobhan Kehoe Dubin Jan 2003

A Comparative Study Of Sexual Violence Trials In The Icty And Ictr Comparing Six Particular Issues, Siobhan Kehoe Dubin

War Crimes Memoranda

No abstract provided.


The Legal Status, Under International Humanitarian Law, Of Captured Mercenaries In Internal Conflicts., Rajesh V. Fotedar Jan 2003

The Legal Status, Under International Humanitarian Law, Of Captured Mercenaries In Internal Conflicts., Rajesh V. Fotedar

War Crimes Memoranda

No abstract provided.


Does Conviction For Murder As A Crime Against Humanity Require Proof Of Premeditation? What Of The Differing Terms Used In The English And French Versions Of Article 3(A) Of The Ictr Statute And Article 5(A) Of The Icty Statute?, Jennifer Prude Jan 2003

Does Conviction For Murder As A Crime Against Humanity Require Proof Of Premeditation? What Of The Differing Terms Used In The English And French Versions Of Article 3(A) Of The Ictr Statute And Article 5(A) Of The Icty Statute?, Jennifer Prude

War Crimes Memoranda

No abstract provided.


Trial Of “The Butare Four” In Belgium, Jessica A. Harrah Jan 2003

Trial Of “The Butare Four” In Belgium, Jessica A. Harrah

War Crimes Memoranda

No abstract provided.


Earned Sovereignty: Juridical Underpinnings, Michael P. Scharf Jan 2003

Earned Sovereignty: Juridical Underpinnings, Michael P. Scharf

Faculty Publications

This piece is the second in a trilogy of three simultaneously published articles in the Denver Journal of International Law that examine the emerging doctrine of "earned sovereignty," a concept that seeks to reconcile the principles of self-determination and humanitarian intervention with the principles of sovereignty and territorial integrity. This article sets forth the legal underpinnings for the doctrine, while the other two articles in the trilogy provide its policy foundations, and apply the doctrine to several modem case studies. Together, the three articles are the product of the Public International Law and Policy Group's "Intermediate Sovereignty Project," sponsored by …


Foreword: The Role Of Justice In Building Peace, Michael P. Scharf Jan 2003

Foreword: The Role Of Justice In Building Peace, Michael P. Scharf

Faculty Publications

Forward to The War Crimes Research Symposium: The Role of Justice in Building Peace, Cleveland, Ohio 2003.


The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams Jan 2003

The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams

Faculty Publications

In our examination of the functions of justice in the peace-building process, we use the former Yugoslavia as an illustrative case study. Reference to the Yugoslavia experience provides a particularly useful touchstone for this analysis because in no other peace-building process in history has there been so much political emphasis placed on the need to employ the norm of justice, and so much energy devoted to creating and utilizing justice-based institutions. The Yugoslav conflict is a particularly fertile research ground for accurately assessing the role of justice in peace- building given the UN Security Council's creation of the United Nations …


Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul R. Williams, Michael P. Scharf, James R. Hooper Jan 2003

Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul R. Williams, Michael P. Scharf, James R. Hooper

Faculty Publications

All too frequently the mantra of sovereignty is used by states to shield themselves from international action to prevent them from violating human rights and committing atrocities in their attempts to stifle self-determination movements, as in the case of the Iraqi Anfal campaigns against the Kurds, the Turkish suppression of Kurdish human rights, the Russian campaign in Chechnya, the targeting of Christians in Southern Sudan, and Indonesia's brutal occupation of East Timor and its recent campaign in Aceh. Recent state practice, however, has evidenced a growing creativity among states and policy makers which has led to the emergence of a …