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War Crimes Memoranda

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Articles 121 - 150 of 258

Full-Text Articles in Criminal Law

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 Jan 2007

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.


How Far Does The Requirement Of Judicial Impartiality Extend? Do The Requirements Of Judicial Impartiality Extended Down To Court Officers And Staff?, Michael Hammond Jan 2007

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.


In What Circumstances Can “Consciousness Of Guilt” Be Used As Evidence In International Criminal Law?, Sarah Paulett Jan 2007

In What Circumstances Can “Consciousness Of Guilt” Be Used As Evidence In International Criminal Law?, Sarah Paulett

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 Jan 2007

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.


Interpreting The Phrases “Senior Leaders” And “Those Most Responsible” In The Extraordinary Chambers In The Courts Of Cambodia, Sean Morrison Jan 2007

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.


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 Jan 2007

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.


Should The International Criminal Court (Icc) Allow Self-Represented Defendants An Absolute Right To Cross- Examine Witnesses?..., Stephanie Unick Jan 2007

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 Potential Problems Relating To Defendant Competence To Stand Trial And The Proper Means With Which To Address Them, Sarah Schauerte Jan 2007

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.


The Scope Of Military Necessity, Lydia Bakaki Jan 2007

The Scope Of Military Necessity, Lydia Bakaki

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 Jan 2007

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.


What Is The Evidentiary Threshold Of The Terms “Widespread” And “Systematic” When Proving Crimes Against Humanity In The Cambodian Context?, Samir Hadeed Jan 2007

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.


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 Jan 2007

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.


Recruitment Of Child Soldiers, Forced Marriage, And Customary International Law, Margaux J. Day Jan 2007

Recruitment Of Child Soldiers, Forced Marriage, And Customary International Law, Margaux J. Day

War Crimes Memoranda

No abstract provided.


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 Jan 2007

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.


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 Jan 2007

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 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 Jan 2007

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.


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.


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.


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.


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 …


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.