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2006

Case Western Reserve University School of Law

War Crimes Memoranda

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Full-Text Articles in Law

Article 85: If Someone Is Wrongfully Detained Or Convicted, What Recourse Does He Have? What Compensation Is He Entitled To? Is This Monetary, And If So, Where Does The Money Come From? What Should The Court Take Into Consideration When Deciding On Compensation?, Robert C. Bliss Jan 2006

Article 85: If Someone Is Wrongfully Detained Or Convicted, What Recourse Does He Have? What Compensation Is He Entitled To? Is This Monetary, And If So, Where Does The Money Come From? What Should The Court Take Into Consideration When Deciding On Compensation?, Robert C. Bliss

War Crimes Memoranda

No abstract provided.


Bail In The 21st Century: Is There A Role For Ankle Monitors, Electronic Supervision, And The Like Within International Criminal Justice In Light Of Long Pre-Trial Detention?, David Selby Jan 2006

Bail In The 21st Century: Is There A Role For Ankle Monitors, Electronic Supervision, And The Like Within International Criminal Justice In Light Of Long Pre-Trial Detention?, David Selby

War Crimes Memoranda

No abstract provided.


After The 1991 Gulf War Ended, The Shiite Population In Southern Iraq And The Kurdish Population In Northern Iraq Revolted Against The Iraqi Government... : Deliberate Attacks, Imams From These Mosques Were Providing Medical Treatment And Shelter To Injured Civilians And Insurgents..., Emily J. Peters Jan 2006

After The 1991 Gulf War Ended, The Shiite Population In Southern Iraq And The Kurdish Population In Northern Iraq Revolted Against The Iraqi Government... : Deliberate Attacks, Imams From These Mosques Were Providing Medical Treatment And Shelter To Injured Civilians And Insurgents..., Emily J. Peters

War Crimes Memoranda

. 3) Iraqi troops entered hospitals in Basrah and Karbala and summarily murdered any males between the age of 12 and 70. Iraqi troops also murdered, tortured, and raped medical personnel who had provided treatment to insurgents. 4) Ali Hassan Al Majid rounded up male civilians (of fighting age) and ordered them to drink petrol. After these men drank the petrol, Al Majid ordered his troops to fire or personally fired himself tracer bullets into the victims so that the petrol would ignite and the victim would explode. This tactic was used to intimidate people into offering information about insurgent …


Can An Alleged Superior Officer Be Convicted Under Command Repsonsibility Even If He Was Deprived Of His Authority But Still Held A Formal Command Position? What Is Meant By “Effective Control” Under The Doctrine Of Command Repsonsibility?, Zachery Lampell Jan 2006

Can An Alleged Superior Officer Be Convicted Under Command Repsonsibility Even If He Was Deprived Of His Authority But Still Held A Formal Command Position? What Is Meant By “Effective Control” Under The Doctrine Of Command Repsonsibility?, Zachery Lampell

War Crimes Memoranda

No abstract provided.


Can The International Criminal Court Accept A Referral From The United Nations Security Council Of The Murder Of Former Lebanese Prime Minister Rafik Hariri?, Madhusha Dissanayake Jan 2006

Can The International Criminal Court Accept A Referral From The United Nations Security Council Of The Murder Of Former Lebanese Prime Minister Rafik Hariri?, Madhusha Dissanayake

War Crimes Memoranda

No abstract provided.


In The Interest Of Conserving Tribunal Resources, What Concrete Limits Can A Trial Chamber Put On The Parties To Reduce The Length Of Their Cases, Limit Cross-Examination, And Impose A Date Certain For Completion Of Trial?, Michelle Oliver Jan 2006

In The Interest Of Conserving Tribunal Resources, What Concrete Limits Can A Trial Chamber Put On The Parties To Reduce The Length Of Their Cases, Limit Cross-Examination, And Impose A Date Certain For Completion Of Trial?, Michelle Oliver

War Crimes Memoranda

No abstract provided.


Does The Principle Of Lex Mitior Limit The Iraqi High Tribunal’S Ability To Impose The Death Sentence On Those Found Guilty Of Capital Crimes?, Meredith Wood Bowen Jan 2006

Does The Principle Of Lex Mitior Limit The Iraqi High Tribunal’S Ability To Impose The Death Sentence On Those Found Guilty Of Capital Crimes?, Meredith Wood Bowen

War Crimes Memoranda

No abstract provided.


Do Any Of The Following Acts, Which Occurred During Iraq’S Invasion And Occupation Of Kuwait, Constitute Crimes Under The Iht Statute: (1) The Removal Of Food, Medical Supplies, And Medical Equipment From Kuwait To Iraq; (2) The Destruction Of Kuwaiti Assets And Infrastructures; And (3) The Destruction Of Kuwaiti Oil Wells And Oil Refineries, And The Deliberate Release Of Oil Into The Persian Gulf?, Andrew M. Katz Jan 2006

Do Any Of The Following Acts, Which Occurred During Iraq’S Invasion And Occupation Of Kuwait, Constitute Crimes Under The Iht Statute: (1) The Removal Of Food, Medical Supplies, And Medical Equipment From Kuwait To Iraq; (2) The Destruction Of Kuwaiti Assets And Infrastructures; And (3) The Destruction Of Kuwaiti Oil Wells And Oil Refineries, And The Deliberate Release Of Oil Into The Persian Gulf?, Andrew M. Katz

War Crimes Memoranda

No abstract provided.


How Will International Criminal Procedural Law Supplement Uncertainties Or Gaps In Cambodian Criminal Procedural Law During The Course Of The Cec Proceedings; And What Are The Major Impediments In Implementing International Procedural Safeguards On A Domestic Level?, Sarah Schauerte Jan 2006

How Will International Criminal Procedural Law Supplement Uncertainties Or Gaps In Cambodian Criminal Procedural Law During The Course Of The Cec Proceedings; And What Are The Major Impediments In Implementing International Procedural Safeguards On A Domestic Level?, Sarah Schauerte

War Crimes Memoranda

No abstract provided.


Evidentiary Challenges Due To The Lapse Of Thirty Years: Investigations Conducted By Ngo’S, The Role Of Hearsay Evidence, Forensic Evidence As An Important Feature, As Well As National And International Jurisprudence On Such Factors, Kathleen Rudis Jan 2006

Evidentiary Challenges Due To The Lapse Of Thirty Years: Investigations Conducted By Ngo’S, The Role Of Hearsay Evidence, Forensic Evidence As An Important Feature, As Well As National And International Jurisprudence On Such Factors, Kathleen Rudis

War Crimes Memoranda

No abstract provided.


Many Legal Scholars And Defense Attorneys Appearing Before The Iht Have Argued That, Under Relevant Principles Of International Law, A State Cannot Recognize The Consequences Of An Illegal Action…, Brian J. Field Jan 2006

Many Legal Scholars And Defense Attorneys Appearing Before The Iht Have Argued That, Under Relevant Principles Of International Law, A State Cannot Recognize The Consequences Of An Illegal Action…, Brian J. Field

War Crimes Memoranda

No abstract provided.


What Is The Purpose Of The Pre-Trial Chamber’S Confirmation Hearing?, Kevin Hussey Jan 2006

What Is The Purpose Of The Pre-Trial Chamber’S Confirmation Hearing?, Kevin Hussey

War Crimes Memoranda

No abstract provided.


What Course Of Action May Or Must The Trial Chamber Take If, At The End Of The Trial, It Is Not Satisfied That All Of The Elements Of The Crime Charged Have Been Proven Beyond A Reasonable Doubt But It Is Satisfied That The Evidence Proves Beyond A Reasonable Doubt All The Elements Of A Different, But Related, Crime., Traci M. Donovan Jan 2006

What Course Of Action May Or Must The Trial Chamber Take If, At The End Of The Trial, It Is Not Satisfied That All Of The Elements Of The Crime Charged Have Been Proven Beyond A Reasonable Doubt But It Is Satisfied That The Evidence Proves Beyond A Reasonable Doubt All The Elements Of A Different, But Related, Crime., Traci M. Donovan

War Crimes Memoranda

No abstract provided.


What May/Must The Trial Chamber Do If All Of The Elements Of The Charged Offense Are Not Proven Beyond A Reasonable Doubt But All Of The Elements Of An Uncharged, But Related, Offense Are Proven Beyond A Reasonable Doubt?, Christopher Kringel Jan 2006

What May/Must The Trial Chamber Do If All Of The Elements Of The Charged Offense Are Not Proven Beyond A Reasonable Doubt But All Of The Elements Of An Uncharged, But Related, Offense Are Proven Beyond A Reasonable Doubt?, Christopher Kringel

War Crimes Memoranda

No abstract provided.


What Precautions And Remedies May A Trial Chamber Exercise When Defense Counsel Fails To Appear?, Kyle David Miller Jan 2006

What Precautions And Remedies May A Trial Chamber Exercise When Defense Counsel Fails To Appear?, Kyle David Miller

War Crimes Memoranda

What precautions and remedies may a trial chamber exercise when defense counsel fails to appear? If the purpose of a defendant is to delay the proceedings, is replacing counsel tantamount to acceding to such delay? Why are tribunals reluctant to rely on co-counsel serving as lead counsel? Should duty counsel be appointed? Should the international courts use a public-defender system to avoid such problems? Do national bars have a duty to honor punishments doled out by the international tribunals? Is there any practical effect?


What Minimum Standards Must The Iht Follow When Assigning Pulic Defenders In Place Of Privately Retained Defense Counsel So That The Defendant’S Right To A Fair Trial Is Not Prejudiced?, Thihan Nyun Jan 2006

What Minimum Standards Must The Iht Follow When Assigning Pulic Defenders In Place Of Privately Retained Defense Counsel So That The Defendant’S Right To A Fair Trial Is Not Prejudiced?, Thihan Nyun

War Crimes Memoranda

No abstract provided.


As For Self-Representation In The International Criminal Court, Is There An International Right To Self-Representation In War Crimes Trials, Or Should Defense Counsel Be Imposed From The Outset Of The Trial At The Icc? How Should The Icc Deal With A Defendant-Lawyer Who Uses Self-Representation To Disrupt The Orderly Trial Proceedings?, Chelan Bliss Jan 2006

As For Self-Representation In The International Criminal Court, Is There An International Right To Self-Representation In War Crimes Trials, Or Should Defense Counsel Be Imposed From The Outset Of The Trial At The Icc? How Should The Icc Deal With A Defendant-Lawyer Who Uses Self-Representation To Disrupt The Orderly Trial Proceedings?, Chelan Bliss

War Crimes Memoranda

No abstract provided.


One Of The Likely Defendants Before The Extraordinary Chambers, Mr. Ieng Sary, Received A Pardon By The King Of Cambodia In Relation To His 1979 Conviction For Genocide. The U.N. And Cambodia Have Agreed That [The Eccc] Should Decide The Scope Of This Pardon.., Conor Mclaughlin Jan 2006

One Of The Likely Defendants Before The Extraordinary Chambers, Mr. Ieng Sary, Received A Pardon By The King Of Cambodia In Relation To His 1979 Conviction For Genocide. The U.N. And Cambodia Have Agreed That [The Eccc] Should Decide The Scope Of This Pardon.., Conor Mclaughlin

War Crimes Memoranda

No abstract provided.


Are Civilian Informants From Al Dujayl Liable Before The Iht?, Kevin Pendergast Jan 2006

Are Civilian Informants From Al Dujayl Liable Before The Iht?, Kevin Pendergast

War Crimes Memoranda

No abstract provided.


Did The Forcible Transfer, Active Concealment, Torture And Murder Of Non-Combatant Kuwaiti Citizens And Third Party Nationals In August Of 1991 To March Of 1992 Constitute Any Crime Within The Jurisdiction Of The Iraqi High Tribunal? Did The Capture, Torture And Public Murder Of Captive Coalition Troops By Iraqi Troops During The 1991 War Constitute A Crime Within The Jurisdiction Of The Iraqi High Tribunal? Did The Seizure And Placement Of Non-Combatant Foreigners In Direct Proximity To Military Targets Constitute A Crime Within The Jurisdiction Of The Iraqi High Tribunal?, Gregory S. Mcneal Jan 2006

Did The Forcible Transfer, Active Concealment, Torture And Murder Of Non-Combatant Kuwaiti Citizens And Third Party Nationals In August Of 1991 To March Of 1992 Constitute Any Crime Within The Jurisdiction Of The Iraqi High Tribunal? Did The Capture, Torture And Public Murder Of Captive Coalition Troops By Iraqi Troops During The 1991 War Constitute A Crime Within The Jurisdiction Of The Iraqi High Tribunal? Did The Seizure And Placement Of Non-Combatant Foreigners In Direct Proximity To Military Targets Constitute A Crime Within The Jurisdiction Of The Iraqi High Tribunal?, Gregory S. Mcneal

War Crimes Memoranda

No abstract provided.


To What Extent Does The Cambodian Extraordinary Chambers Meet The Requirements For A Tribunal To Be Deemed Legitimate As Set Out By The Appeals Chamber Of The Icty In The Tadic Case?, Brianne Draffin Jan 2006

To What Extent Does The Cambodian Extraordinary Chambers Meet The Requirements For A Tribunal To Be Deemed Legitimate As Set Out By The Appeals Chamber Of The Icty In The Tadic Case?, Brianne Draffin

War Crimes Memoranda

No abstract provided.


Does International Law Provide Guidance About The Obligations Of The Iraqi Government And/Or Multinational Forces-Iraq To Provide Security For The Defense Attorneys And Their Families?, David Willis Jan 2006

Does International Law Provide Guidance About The Obligations Of The Iraqi Government And/Or Multinational Forces-Iraq To Provide Security For The Defense Attorneys And Their Families?, David Willis

War Crimes Memoranda

No abstract provided.


To What Extent Is Icty Rule 90(H)(Ii), Ictr Rule 90(G)(Ii), Or The Rule From Browne V. Dunn, Followed In The Laws Of Different Nations?, Susanne Townsend Jan 2006

To What Extent Is Icty Rule 90(H)(Ii), Ictr Rule 90(G)(Ii), Or The Rule From Browne V. Dunn, Followed In The Laws Of Different Nations?, Susanne Townsend

War Crimes Memoranda

No abstract provided.


Voluntary Surrender To The Custody Of The International Criminal Tribunal For Rwanda, Scott D. Perlmuter Jan 2006

Voluntary Surrender To The Custody Of The International Criminal Tribunal For Rwanda, Scott D. Perlmuter

War Crimes Memoranda

No abstract provided.


The Applicability Of Article 3 Common To The Geneva Conventions To The Prosecution Of The Armed Forces Revolutionary Council, Kelly Sheahen Jan 2006

The Applicability Of Article 3 Common To The Geneva Conventions To The Prosecution Of The Armed Forces Revolutionary Council, Kelly Sheahen

War Crimes Memoranda

No abstract provided.


Where An Ongoing Joint Criminal Enterprise Exists, What Is Necessary To Bring About Its Termination As A Matter Of Law Or To Terminate An Individual’S Membership In The Joint Criminal Enterprise?, Michael A. Glazer Jan 2006

Where An Ongoing Joint Criminal Enterprise Exists, What Is Necessary To Bring About Its Termination As A Matter Of Law Or To Terminate An Individual’S Membership In The Joint Criminal Enterprise?, Michael A. Glazer

War Crimes Memoranda

No abstract provided.


What Is The Definition Of Genocide And What Is The Applicability Of Genocide To The Situation In Cambodia With Respect To The Elements Of “Group” And The Mental State Of The Perpetrator?, Mark H. Bardwell Jan 2006

What Is The Definition Of Genocide And What Is The Applicability Of Genocide To The Situation In Cambodia With Respect To The Elements Of “Group” And The Mental State Of The Perpetrator?, Mark H. Bardwell

War Crimes Memoranda

No abstract provided.