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Amicus Curiae Observations By Public International Law & Policy Group, Milena Sterio, Michael P. Scharf, Paul R. Williams
Amicus Curiae Observations By Public International Law & Policy Group, Milena Sterio, Michael P. Scharf, Paul R. Williams
Law Faculty Briefs and Court Documents
The amicus brief argues that in a case where the defendant alleges a ground excluding criminal responsibility (an affirmative defense), such as mental illness or duress, the defendant has an evidentiary burden to produce some evidence to support his/her claim of mental illness or duress, but that the prosecution retains the legal burden of proof to establish the defendant's responsibility beyond reasonable doubt.
“This ruling will have repercussions for future cases where the defendant asserts a mental illness or duress affirmative defense. Depending on how the ICC decides, future defendants will have to meet a specific evidentiary (or legal) burden …
Complaint, Milena Sterio, Diane Marie Amann, Margaret Deguzman, Gabor Rona
Complaint, Milena Sterio, Diane Marie Amann, Margaret Deguzman, Gabor Rona
Law Faculty Briefs and Court Documents
On June 11, 2020, President Donald J. Trump issued Executive Order 13,928, Blocking Property of Certain Persons Associated With the International Criminal Court, threatening severe sanctions, monetary penalties, and imprisonment on persons who assist the International Criminal Court (ICC). The Executive Order exceeds its legal authority, impermissibly prohibits speech, and fails to provide notice as to who it covers and what for what activities.
Those impacted by the Executive Order include U.S. persons, including U.S. entities, as well as foreign persons and foreign entities. The Open Society Justice Initiative and four law professors, all of whom have engaged extensively …
Amicus Curiae Observations By Public International Law & Policy Group, Situation In The Democratic Republic Of The Congo, Milena Sterio, Michael P. Scharf, Paul R. Williams
Amicus Curiae Observations By Public International Law & Policy Group, Situation In The Democratic Republic Of The Congo, Milena Sterio, Michael P. Scharf, Paul R. Williams
Law Faculty Briefs and Court Documents
The Public International Law & Policy Group (“PILPG”) offers the following amicus curiae observations pursuant to the Decision No. ICC-01/04-02/06-2569. PILPG is willing to appear before the Court if it would assist. Prof. Paul R. Williams, Dean Michael P. Scharf, Prof. Milena Sterio, Dr. Brianne McGonigle Leyh, Dr. Julie Fraser, Jonathan Worboys, Eian Katz, Raghavi Viswanath, Nicole Carle, Alexandra Koch, Isabela Karibjanian, and Olivia Wang contributed to these observations.