International Law Commons^™

Male Rape In U.S. Prisons: Are Conjugal Visits The Answer?, Rachel Wyatt

Case Western Reserve Journal of International Law

No abstract provided.

The White House Torture Memoranda, White House

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 37 Issue 2 (2006)

Case Western Reserve Journal of International Law

No abstract provided.

Rebuilding Nation Building: An Introduction, Hiram Chodosh

Case Western Reserve Journal of International Law

No abstract provided.

Federalism, Peter H. Schuck

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 38 Issue 1 (2006)

Case Western Reserve Journal of International Law

No abstract provided.

On The Specificity Of Middle Eastern Constitutionalism, Chibli Mallat

Case Western Reserve Journal of International Law

No abstract provided.

Building The New World Of Nanotechnology, Michael A. Van Lente

Case Western Reserve Journal of International Law

No abstract provided.

Religion, Conflict And Peace, David Little

Case Western Reserve Journal of International Law

No abstract provided.

Latin American Experience With Rule Of Law Reforms And Applicability Of Nation Building Efforts, Linn Hammergren

Case Western Reserve Journal of International Law

No abstract provided.

For Human Borders: Two Decades Of Death And Illegal Activity In The Sonoran Desert, Daniel A. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

The Imf's Role In A Post-Conflict Situation, Sean Hagan

Case Western Reserve Journal of International Law

No abstract provided.

From The Exile Files: An Essay On Trading Justice For Peace, Michael P. Scharf

Faculty Publications

In the spring and summer of 2003, the United States offered exile in lieu of invasion and prosecution to two rogue leaders accused of committing international crimes - Iraqi President Saddam Hussein (who declined) and Liberian President Charles Taylor (who accepted). In this essay, the author argues that the offer to Hussein was inappropriate, as it violated international treaties requiring prosecution, but that the offer to Taylor was permissible under international law. The essay examines the costs and benefits of amnesty and exile-for-peace deals and the limited nature of the international duty to prosecute. Where the duty to prosecute does …

Developing A Universal Juridical Conscience: Trindade Offers A Viable Agenda For The 21st Century, Johannes Van Aggelen

Case Western Reserve Journal of International Law

No abstract provided.

Analyze The Judgment Of The Prosecutor V. Brdjanin From The Icty Re: Joint Criminal Enterprise. How Does This Holding Affect The Future Use Of Joint Criminal Enterprise?, Hilary Garon Brock

War Crimes Memoranda

No abstract provided.

Whether The Anfal Operations Constitude Genocide, Jessica L. Doinidis

War Crimes Memoranda

No abstract provided.

Are The 1949 Geneva Conventions Self-Executing Treaties For Purposes Of Challenges To Military Commissions Procedures?, Rachel E. Cohen

War Crimes Memoranda

No abstract provided.

Do Former Leaders Have An International Right To Act As Their Own Lawyer In War Crimes Trials?, Michael P. Scharf, Christopher Rassi

Faculty Publications

Picture what would happen if former Iraqi dictator Saddam Hussein sought to represent himself at his war crimes trial before the Iraqi Special Tribunal. While doing so, assume that the judge presiding over his case decided to follow the precedent of the Trial Chamber of the International

Criminal Tribunal for the former Yugoslavia (ICTY) that tried the case of Slobodan Milosevic, which held: "[U]nder customary international law, the defendant has a right to counsel, but he also has a right not to have counsel."

Errors And Missteps: Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Michael P. Scharf, Ahran Kang

Faculty Publications

In a few months, the trial of Saddam Hussein and other former Iraqi regime leaders will begin before the Iraqi Special Tribunal (IST). The IST is a unique "internationalized-domestic tribunal" whose Statute and Rules of Procedure are modeled upon the UN-created Yugoslavia War Crimes Tribunal (ICTY), Rwanda Genocide Tribunal (ICTR), and the Special Court for Sierra Leone (SCSL), but whose judges are all Iraqis and whose courtroom is in Baghdad. There is much the IST can learn both from the successes and missteps of the ICTY, ICTR, and SCSL; many of the issues that will arise in the trials of …

After Saddam Hussein’S Trial Begins, What Restrictions, If Any, Can The Supreme Iraqi Criminal Tribunal Place On Both Hussein And His Defense Counsel To Prevent Or Punish Statements Made In Or Out Of Court Inciting The Insurgency In Iraq?, Nicolette Lee

War Crimes Memoranda

No abstract provided.

Can Terrorist Acts Be Considered Crimes Against Humanity Or War Crimes?, Bradley Olson

War Crimes Memoranda

No abstract provided.

Can The Former Iraqi Leaders Responsible For The Establishment Of The Revolutionary Command Council Court And The Ministry Of Interior Special Court, As Well As The Members Of Those Courts Themselves, Be Properly Tried For Crimes Within The Jurisdiction Of The State Of The Iraqi Special Tribunal?, James Zink

War Crimes Memoranda

No abstract provided.

Can The Iraqi Federal Judiciary Hear Issues On Appeal, That First Arise In An Iraqi Special Tribunal Proceeding? / Is The Denial Of The Right To Appeal To A Nation’S Highest Federal Court A Violation Of Human Rights Norms?, Pratheep Sevanthinathan

War Crimes Memoranda

No abstract provided.

Did The Execution Of Baghdad Merchants In July Of 1992 Amount To Any Crimes Within The Jurisdiction Of The Iraqi Special Tribunal?, Pratheep Sevanthinathan

War Crimes Memoranda

No abstract provided.

Did The Transitional Assembly Have The Constitutional Powers To Revise The Statute Of The Iraqi Special Tribunal Without Amending The Law Of Administration For The State Of Iraq For The Transitional Period (Tal)?, James T. Tsai

War Crimes Memoranda

No abstract provided.

Does The Principle Of Complementarity Apply To Security Council Referrals To The Icc?, Reid Perry Swayze

War Crimes Memoranda

[The Sudan Claims That it Does and Seeks to Block the ICC from Investigating and Prosecuting Cases Related to the Darfur by Instituting its Own Investigation and Prosecution]

Head Of State Immunity And Its Applications In The Prosecution Against The Former Ba’Athish Regime Of Saddam Hussein, Lisa F. Levy

War Crimes Memoranda

No abstract provided.

Immediate Application Of Amendments To The Rules Of Procedure And Evidence Under Rule 6(D) And The Rights Of The Accused, Sean A. Stevens

War Crimes Memoranda

No abstract provided.

Prosecuting Plunder And Pillage Within The Framework Of Internal Armed Conflicts, Amanda J. Perkett

War Crimes Memoranda

No abstract provided.

The Admissibility Of Acts And Declarations Of A Co-Conspirator In International Criminal Law, Allison L. Carr

War Crimes Memoranda

No abstract provided.