Criminal Law Commons^™

The War Crimes Research Office Presents: News From The International Criminal Tribunals, Maria Allison, Leslie Wilson

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Sarah Hymowitz, Abby Richardson

Human Rights Brief

No abstract provided.

The International Court Of Justices Decision In Congo V Belgium How Has It Affected The Development Of A Principle Of Universal Jurisdiction That Would Obligate All States To Prosecute War Criminals, Mark A. Summers

Faculty Scholarship

No abstract provided.

Genocide Politics And Policy: Conference Remarks, Madeline Morris

Faculty Scholarship

No abstract provided.

(1) Is There A Role For “Fair Trial Observers” In International Criminal Law Trials? (2) Discussion Of Observers In Other High Profile Trials (3) Proposed Guidelines For Ictr Fair Trial Observers, Ryan C. Scott

War Crimes Memoranda

No abstract provided.

A Comparative Analysis Of The Mens Rea Requirment For Complicity As Appled In The International Tribuanls And The Common-Law Jurisdictions Of The United States, England & Australia, John W. Gold

War Crimes Memoranda

No abstract provided.

A Comparative Study Of Exclusion Of Evidence On The Grounds Of The Means By Which It Was Obtained, Brian Beller

War Crimes Memoranda

No abstract provided.

A Comparative Study Of Sexual Violence Trials In The Icty And Ictr Comparing Six Particular Issues, Siobhan Kehoe Dubin

War Crimes Memoranda

No abstract provided.

Can An Omission Fulfill The Actus Reus Requirment For Complicity In Genocide, And To What Degree Does Article 6(3) Of The Ictr Statute Impute Criminal Liability For The Crime To A Superior Officer?, Raneisha Blair

War Crimes Memoranda

No abstract provided.

Command Responsibility For Failure To Punish War Crimes Committed Under A Predecessor Commander, Carol Tyler Fox

War Crimes Memoranda

No abstract provided.

Comparative Study Of Alternative Punishments To The Death Penalty, Courtney A. Mengel

War Crimes Memoranda

No abstract provided.

Comparative Study On The Weight To Be Attached To The Evidence Of Co-Perpetrators In Civil, Common Law And International Criminal Law Systems, Laura S. Steehler

War Crimes Memoranda

No abstract provided.

Does Conviction For Murder As A Crime Against Humanity Require Proof Of Premeditation? What Of The Differing Terms Used In The English And French Versions Of Article 3(A) Of The Ictr Statute And Article 5(A) Of The Icty Statute?, Jennifer Prude

War Crimes Memoranda

No abstract provided.

Does The Phrase “On Political, Racial, Or Religious Grounds” In Article 3(H) Of The Ictr Statute And 5(H) Of The Icty Statute Foreclose Conviction Based On Persecution Against Ethnic Or National Minorities?, Shaun M. Smith

War Crimes Memoranda

No abstract provided.

Head Of State Doctrine And International Law Violations, Diego A. Archer

War Crimes Memoranda

No abstract provided.

Procedural Rules Relating To The Admissibility Of Evidence Of A Consistent Pattern Of Conduct In Criminal Trials, Christopher B. Kiehl

War Crimes Memoranda

No abstract provided.

Reasoned Judgments Requirement In International Criminal Law, Heather M. Kern

War Crimes Memoranda

No abstract provided.

Responsibility Of Military Commanders To Protect Civilians From Attacks By Other Civilians And The State Within Commander’S Area Of Control, V. Justin Arpey

War Crimes Memoranda

No abstract provided.

The Legal Status, Under International Humanitarian Law, Of Captured Mercenaries In Internal Conflicts., Rajesh V. Fotedar

War Crimes Memoranda

No abstract provided.

The Role Of The Prosecutor And The Judge, Robert Tibbitts

War Crimes Memoranda

No abstract provided.

Trial Of “The Butare Four” In Belgium, Jessica A. Harrah

War Crimes Memoranda

No abstract provided.

What Is The Distinction Between “Joint Criminal Enterprise” As Defined By The Icty Case Law And Conspiracy In Common Law Jurisdictions?, Rajiv K. Punja

War Crimes Memoranda

No abstract provided.

Gross Negligence And Recklessness As Sufficient Mens Rea For A Crime Against Humanity Assuming The Accused Has Knowledge Of The Chapeau Elements, Stephen W. Byrne

War Crimes Memoranda

No abstract provided.

The Elements Of Rape As A Crime Against Humanity, What Witnesses Are Required To Say To Satisfy These Elements, And The Cultural Implications Of Describing Rape In Detail, Nicole Dorsky

War Crimes Memoranda

No abstract provided.

The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam

Articles

No abstract provided.

Unexploded Bomb: Voice, Silence And Consequence At The Hague Tribunals -- A Legal And Rhetorical Critique, Timothy W. Waters

Articles by Maurer Faculty

This Article examines the decision by the ICTY Prosecutor not to investigate NATO's bombing campaign during the Kosovo war - and the Prosecutor's unusual decision to publish an Inquiry explaining its reasons. Many scholars have examined the Inquiry, but all have focused on its substantive legal analysis. This Article takes a different approach: It focuses on how the Prosecution reached the conclusion not to investigate. Using rhetorical analysis, it examines the Prosecution's decision-making mindset to see what that indicates about the shape of future international prosecutorial decision-making, including at the ICC.

There is no evidence that the Prosecution succumbed to …

Stacking The Deck Against Suspected Terrorists: The Dwindling Procedural Limits On The Government's Power To Indefinitely Detain United States Citizens As Enemy Combatants, Nickolas A. Kacprowski

Seattle University Law Review

This Note examines Padilla v. Bush as an example of the contemporary application of enemy combatant law. This Note argues that in present and future applications of enemy combatant law, courts should treat Padilla as the preferred model of application because Padilla preserves more Constitutional protections, specifically the right to counsel in bringing a habeas petition, than do Hamdi or Quirin. The Padilla decision is preferable to Hamdi because Padilla restricts the movement of enemy combatant law away from the ex- press criminal protections of the Constitution. In contrast, Hamdi greatly accelerates such movement.

Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley

Scholarly Works

Discussing terrorism in light of the September 11 atrocities is daunting. It requires one to wonder how to maintain an equilibrium in the face of a menace that wishes its own death as long as it flows from the slaughter of ‘the enemy.‘ How is it possible to combat this menace without falling into a trap of hatred or blind fear that leads to the use of terror to fight terrorism? The overarching issues relating to September 11, terrorism, and counter-terrorism include: whether oppression can provide any justification for that atrocity; similarly, whether that attack calls for or allows self-defense …

Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet

Michigan Journal of International Law

This Note will examine problems that arise from the language of the Rome Statute itself. Part II will examine the potential strategic uses of the Rome Statute's jurisdictional aspects. It will also examine how the fairness concerns raised by this potential usage are exacerbated when the potential State abuser is a permanent member of the Security Council. Part III will look at the language of the Rome Statute's definition of crimes against humanity. It will also examine the various and varying interpretations of this language by the scholars and commentators who have examined the issue.

International Law: Valdez V. State Of Oklahoma And The Application Of International Law In Oklahoma, Jeffrey L. Green

Oklahoma Law Review

No abstract provided.