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Articles 1 - 30 of 71

Full-Text Articles in Law

International Justice And Shifting Paradigms: Foreward, James T. Tsai Jan 2007

International Justice And Shifting Paradigms: Foreward, James T. Tsai

Case Western Reserve Journal of International Law

No abstract provided.


Babes With Arms: International Law And Child Soldiers, Timothy Webster Jan 2007

Babes With Arms: International Law And Child Soldiers, Timothy Webster

Faculty Publications

This article examines advances in preventing children from participating in armed conflict. It references international human rights treaties, UN Security Council resolutions and jurisprudence from international courts to chart the course by which recruiting child soldiers became an international crime. At the same time, it calls on UN bodies – and the states that comprise them – to implement some of the many resolutions and veiled threats leveled at various groups and militias that use child soldiers.


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 Jan 2007

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.


Recruitment Of Child Soldiers, Forced Marriage, And Customary International Law, Margaux J. Day Jan 2007

Recruitment Of Child Soldiers, Forced Marriage, And Customary International Law, Margaux J. Day

War Crimes Memoranda

No abstract provided.


A Memorandum In Support Of The Brdjanin Decision On Interlocutory Appeal Regarding The Application Of The Theory Of Responsibility Under The Third Category Of Joint Criminal Enterprise Vis-À-Vis The Crime Of Genocide, Michelle Oliver Jan 2007

A Memorandum In Support Of The Brdjanin Decision On Interlocutory Appeal Regarding The Application Of The Theory Of Responsibility Under The Third Category Of Joint Criminal Enterprise Vis-À-Vis The Crime Of Genocide, Michelle Oliver

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 Jan 2007

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.


Access To Witnesses In National & International Criminal Courts, Harper Jean Tobin Jan 2007

Access To Witnesses In National & International Criminal Courts, Harper Jean Tobin

War Crimes Memoranda

No abstract provided.


Prosecuting The Crime Of Destruction Of Cultural Property. Specifically Addressing Whether The 1954 Hague Convention For The Protection Of Cultural Property In The Event Of An Armed Conflict Allows For The Eccc To Prosecute The Crime Of Destruction Of Cultural Property And Determining What Are The Elements Of Such A Crime., Anup Misra Jan 2007

Prosecuting The Crime Of Destruction Of Cultural Property. Specifically Addressing Whether The 1954 Hague Convention For The Protection Of Cultural Property In The Event Of An Armed Conflict Allows For The Eccc To Prosecute The Crime Of Destruction Of Cultural Property And Determining What Are The Elements Of Such A Crime., Anup Misra

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 Jan 2007

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 Jan 2007

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.


Should The International Criminal Court (Icc) Allow Self-Represented Defendants An Absolute Right To Cross- Examine Witnesses?..., Stephanie Unick Jan 2007

Should The International Criminal Court (Icc) Allow Self-Represented Defendants An Absolute Right To Cross- Examine Witnesses?..., Stephanie Unick

War Crimes Memoranda

Should the International Criminal Court (ICC) allow self-represented defendants an absolute right to cross- examine witnesses?... If so, how much leeway should the court allow the defendant to have? Should the ICC refrain from impinging on the defendant’s right or limit the defendant’s ability during cross-examination? Should the ICC allow a represented defendans to follow up his counsel’s cross-examination with more cross examination of his own, as is allowed in the IHT and other civil law countries generally?


The Scope Of Military Necessity, Lydia Bakaki Jan 2007

The Scope Of Military Necessity, Lydia Bakaki

War Crimes Memoranda

No abstract provided.


In What Circumstances Can “Consciousness Of Guilt” Be Used As Evidence In International Criminal Law?, Sarah Paulett Jan 2007

In What Circumstances Can “Consciousness Of Guilt” Be Used As Evidence In International Criminal Law?, Sarah Paulett

War Crimes Memoranda

No abstract provided.


What Is The Evidentiary Threshold Of The Terms “Widespread” And “Systematic” When Proving Crimes Against Humanity In The Cambodian Context?, Samir Hadeed Jan 2007

What Is The Evidentiary Threshold Of The Terms “Widespread” And “Systematic” When Proving Crimes Against Humanity In The Cambodian Context?, Samir Hadeed

War Crimes Memoranda

No abstract provided.


The Post-Trial Re-Sentencing Of Ramadan: If The Iraqi High Tribunal Deviates From International Standards Regarding Fair Trials, What Are The Potential Legal Obstacles To The Transfer Of Convicted Iraqi High Tribunal Defendants From Us Custody To Iraqi Custody?, Chelan Bliss Jan 2007

The Post-Trial Re-Sentencing Of Ramadan: If The Iraqi High Tribunal Deviates From International Standards Regarding Fair Trials, What Are The Potential Legal Obstacles To The Transfer Of Convicted Iraqi High Tribunal Defendants From Us Custody To Iraqi Custody?, Chelan Bliss

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 Jan 2007

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.


What Provisions And Protections Need To Be Put Into Place By The Ictr And The International Community For The Protection Of Those Indicted But Acquitted By The Ictr?, Kelly Schmidt Jan 2007

What Provisions And Protections Need To Be Put Into Place By The Ictr And The International Community For The Protection Of Those Indicted But Acquitted By The Ictr?, Kelly Schmidt

War Crimes Memoranda

No abstract provided.


To What Extent Is There Individual Criminal Responsibility For Violations Of The Vienna Convention On Diplomatic Relations (1961) Under Article 8 And 29 Of The Eccc Law? If Liability Exists, What Are The Elements Of Such Crimes?, Colin Nisbet Jan 2007

To What Extent Is There Individual Criminal Responsibility For Violations Of The Vienna Convention On Diplomatic Relations (1961) Under Article 8 And 29 Of The Eccc Law? If Liability Exists, What Are The Elements Of Such Crimes?, Colin Nisbet

War Crimes Memoranda

No abstract provided.


Interpreting The Phrases “Senior Leaders” And “Those Most Responsible” In The Extraordinary Chambers In The Courts Of Cambodia, Sean Morrison Jan 2007

Interpreting The Phrases “Senior Leaders” And “Those Most Responsible” In The Extraordinary Chambers In The Courts Of Cambodia, Sean Morrison

War Crimes Memoranda

No abstract provided.


Can A State Party That Has Referred A Situation To The Icc "Withdraw" The Referral?, Patrick G. Dowd Jan 2007

Can A State Party That Has Referred A Situation To The Icc "Withdraw" The Referral?, Patrick G. Dowd

War Crimes Memoranda

No abstract provided.


The Potential Problems Relating To Defendant Competence To Stand Trial And The Proper Means With Which To Address Them, Sarah Schauerte Jan 2007

The Potential Problems Relating To Defendant Competence To Stand Trial And The Proper Means With Which To Address Them, Sarah Schauerte

War Crimes Memoranda

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 Jan 2007

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.


Distinguishing Forced Marriage As A Separate Crime Against Humanity Specifically Addressing The Question As To Whether Jurisprudence Exists To Support The Crime Of Forced Marriage As Separate From Sexual Slavery And If So, How The Elements Of The Two Crimes Differ. In Addition, Whether Forced Marriage Is Unique From Other Enslavement Crimes., Michelle Marie Celli Jan 2007

Distinguishing Forced Marriage As A Separate Crime Against Humanity Specifically Addressing The Question As To Whether Jurisprudence Exists To Support The Crime Of Forced Marriage As Separate From Sexual Slavery And If So, How The Elements Of The Two Crimes Differ. In Addition, Whether Forced Marriage Is Unique From Other Enslavement Crimes., Michelle Marie Celli

War Crimes Memoranda

No abstract provided.


Forward: Lessons From The Saddam Trial, Michael P. Scharf Jan 2007

Forward: Lessons From The Saddam Trial, Michael P. Scharf

Faculty Publications

Forward to the conference on "Lessons from the Daddam Trial."


Balancing Individual Rights And Public Health Safety During Quarantine: The U.S. And Canada, Erin M. Page Jan 2007

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.


Origins Of The Genocide Convention, Henry T. King Jr., Benjamin B. Ferencz, Whitney R. Harris Jan 2007

Origins Of The Genocide Convention, Henry T. King Jr., Benjamin B. Ferencz, Whitney R. Harris

Case Western Reserve Journal of International Law

No abstract provided.


Atrocity Crimes Framing The Responsibility To Protect, David Scheffer Jan 2007

Atrocity Crimes Framing The Responsibility To Protect, David Scheffer

Case Western Reserve Journal of International Law

No abstract provided.


International Court Of Justice As A Forum For Genocide Cases, John Quigley Jan 2007

International Court Of Justice As A Forum For Genocide Cases, John Quigley

Case Western Reserve Journal of International Law

No abstract provided.


Foreword: To Prevent And Punish, Michael P. Scharf, Brianne M. Draffin Jan 2007

Foreword: To Prevent And Punish, Michael P. Scharf, Brianne M. Draffin

Case Western Reserve Journal of International Law

No abstract provided.


Nafta's Double Standard Of Review, Juscelino F. Colares Jan 2007

Nafta's Double Standard Of Review, Juscelino F. Colares

Faculty Publications

Chapter 19 of the North American Free Trade Agreement (NAFTA) replaced court review of U.S. antidumping and countervailing duties with binding review by special binational panels of trade experts. It requires these panels to apply the same standard of review that U.S. courts use in trade remedy cases. Despite the centrality of this requirement to the Chapter 19 panel system, these panels have not adhered to this mandate. Chapter 19 panels overturn U.S. agency rulings much more often than the courts. In fact, they apply two different standards of review: exacting scrutiny where foreign producers and governments appeal, and near-absolute …