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Articles 1 - 30 of 71
Full-Text Articles in Law
International Justice And Shifting Paradigms: Foreward, James T. Tsai
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
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
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
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
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
War Crimes Memoranda
No abstract provided.
Access To Witnesses In National & International Criminal Courts, Harper Jean Tobin
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
War Crimes Memoranda
No abstract provided.
Forward: Lessons From The Saddam Trial, Michael P. Scharf
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
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
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
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
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
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
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 …