Criminal Law Commons^™

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 …

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.

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

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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

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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

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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

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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

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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

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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

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

War Crimes Memoranda

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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

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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

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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

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

War Crimes Memoranda

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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

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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

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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?

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

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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

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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

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

War Crimes Memoranda

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Peace Versus Justice, Richard J. Goldstone

Nevada Law Journal

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How Can Psychological Science Enhance The Effectiveness Of Identification Procedures? An International Comparison, Tim Valentine, Stephen Darling, Amina Memon

Public Interest Law Reporter

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Criminal Defamation And The Evolution Of The Doctrine Of Freedom Of Expression In International Law, Jo M. Pasqualucci

Vanderbilt Journal of Transnational Law

Restrictions on freedom of expression may take direct and indirect forms. A state may censor speech, criminalize defamation, harass the media or individual journalists, fail to investigate crimes against the media , require the compulsory licensing of journalists, or fail to enact freedom of information laws or laws that prohibit monopoly ownership of the media. A victim of a restriction on freedom of expression that violates international law may have no recourse in domestic courts, either because state law offers no remedy or because judges are too intimidated to enforce the laws as written. In such instances, victims need recourse …

Reforming The Crime Of Libel, Clive Walker

NYLS Law Review

No abstract provided.

Reconceptualising Female Trafficking: The Inhuman Trade In Women, Alison Cole

Cardozo Journal of Equal Rights & Social Justice

The article argues that female trafficking must be reconceptualized under international criminal law as a crime against humanity to establish a uniform legal framework for combating this global issue. It critiques existing international approaches for lacking coherence and enforcement, emphasizing the need for a clear definition and standardized measures to address the severity of trafficking. The UN Trafficking Protocol, while authoritative, leaves significant discretion to states, resulting in varied domestic policies that hinder effective international cooperation. By classifying female trafficking as a crime against humanity, the article proposes a more robust legal basis for universal jurisdiction and individual liability, aligning …

Who's Afraid Of The Big Bad Wolf? The International Criminal Court As A Weapon Of Asymmetric Warfare, W. C. Austin

Vanderbilt Journal of Transnational Law

The United States is engaged in a war on terror against enemies who wage "asymmetric war" through terrorism, media manipulation, and "law-fare"---exploiting judicial processes to achieve political or military objectives.

This Article explores whether the fledgling International Criminal Court (ICC) could eventually be exploited by these groups as a tool of asymmetric "law-fare." It briefly traces the history of the ICC and recounts why the United States opposes the Court. Examining the methods of asymmetric war, the Authors then explore whether the ICC could be exploited by future asymmetric warriors.

The Authors describe three asymmetric methods that could be used …

Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie

Articles, Book Chapters, & Popular Press

Both domestic and international laws regarding the extradition of fugitive criminal offenders are in a state of flux throughout the world. The current legal landscape reflects tension between the interest of state authorities in promoting “security,” on the one hand, and increasing recognition that human rights obligations are at play, on the other. Gary Botting’s book, Extradition Between Canada and the United States, successfully addresses this tension by way of a detailed examination of what is probably the most integrated extradition partnership outside the European Union.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

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Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs

Faculty Publications

International tribunals prosecuting those responsible for genocide, crimes against humanity, and war crimes face many of the same resource constraints that bedevil national criminal justice systems. Consequently, international tribunals have begun to utilize various procedural devices long used by national prosecutors to speed case dispositions. One such procedural device is the guilty plea. National prosecutors induce criminal defendants to plead guilty and waive their rights to trial through a process of plea bargaining; that is, by offering defendants sentencing concessions in exchange for their guilty pleas. International prosecutors who seek to engage in plea bargaining, however, face a host of …