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Submissions from 2017
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Standard of review for evaluating post-conviction requests for review, Morgan E. Austin
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Modes of liability, cumulative convictions, and charging language, Ankita Channarasappa
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Is the ECCC’s supreme court chamber’s conception of a common criminal plan in the case 002/01 appeal judgment supported by customary international law? Specifically addressing the arguments surrounding the supreme court chamber’s rejection of the existence of jce3 and whether post world war II jurisprudence establishes the existence of jce3 in customary international law., Jordan Elizabeth Dinsmore
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What would be the legal and political ramifications if the UN decided to stop funding the ECCC prior to the current investigations and trials being finalized? Assess the ramifications in the Cambodian and International context., Stephanie M. Farah
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Whether the adoption of civil criminal justice system as opposed to the common law criminal justice system in ECCC is a correct decision. Specifically addressing the pros and cons of both legal systems, Lulu Jing
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Do International Criminal Tribunals have a Deterrent Effect on Human Rights Abuses?, Rachel Lehr
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Convert or die policies as a form of mental harm genocide specifically addressing the argument that convert or die policies are acts committed in whole or in part to destroy a religious group by causing mental harm to members of the religious group., Ananya Mallavarapu
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In international criminal law does the prosecutor have a responsibility to ensure that the facts forming the historical context in which large-scale human rights abuses occurred are adjudicated at trial? Why or why not?, Tyler Portner
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The level of proof required to indict a person and send them to trial at the extraordinary chambers in the courts of Cambodia specifically addressing the levels of proof to indict a person of France and other international criminal courts, also analysing the statutes, documents and jurispurdiction of the ECCC to draw a conclusion, Xiong Shi
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The legal authority of ice breaking on the great lakes between the united states coast guard and the Canadian coast guard, the implications of the ice breaking services fee by the CCG, and the potential liability of Canadian criminal code section 263 on the USCG, Jason Edward Stafford
Submissions from 2016
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Can Thomas Kwoyelo negate the requisite mens rea by qualifying for any psychological defenses resulting from his adbuction during his childhood by a militant organization?, Scott Bobbitt
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Practice regarding motions for acquittal at the close of evidence for the prosecution. Specifically an overview of the law and practice of the international criminal tribunals regarding motions for judgment of acquittal at the close of the prosecution case, the legal standards applied by the other tribunals that also provide for such motions, as well as in the practice adopted, including whether the practice involves full briefing by the parties or just oral argument., Daniel Joseph Carravallah
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Can a Service Member Who Lies in Order to Obtain Leave Still be Charged With Being Absent Without Leave Under Article 86 of the Uniform Code of Military Justice?, Christina Marie Dombrowski
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Anarchy in the tribal border regions – How do federal and state governments handle transnational crime prevention and enforcement in Tribal Border Regions?, Aji M. Drameh
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The Environmental Protection of the Great Lakes and Enbridge’s Line 5 Under the Straits of Mackinac, Brittany Hock
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Disagreement Settlement between Co-Investigating Judges when Super-Majority Vote is not Reached in Pre-Trial Chamber, Yitao Li
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Speed of the ECCC Trials compared to other international trials and tribunals. Specifically discussing the numerical speed of the pre-indictment, pre-trial, and trial phases as compared to other international trials and tribunals. Also specifically discussing whether the ECCC comparatively fails to achieve the purposes of international criminal trials as a direct result of the speed of the ECCC’s process., Erin Rosson
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Scope of Judicial Discretion over Indictment at the Pre-Trial Level. Specifically addressing whether a Suspect or Charged Person may be indicted by the Co-Investigating Judges for specific criminal events that have not been specifically requested to be investigated in either an Introductory or Supplemental Submission against that Suspect by the Co-Prosecutors? If so, under what conditions?, Victoria Sarant
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Drawing an Adverse Interest against the Accused for Refusal to Answer Questions, Emily Sherwood
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Fairness of the Trial of ECCC Case 002/01 Compared to Other Comparable Judgments in International Tribunals, Nicole Triola
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How does the judgement of the ECCC Trial Chamber against Nuon Chea and Khieu Samphan in Case 002/01 compare with the judgments of other international criminal courts or tribunals in terms of the quality and quantity of the evidence relied on as the basis of convictions?, Sabrina Turner
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Scope of a prosecutor’s duty to disclose impeachment evidence under rules for courts-martial 701(a)(6), Lauren Tuttle
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Relationship between old age and prosecution specifically addressing whether old age should ever be a factor in deciding whether to prosecute large scale human rights abusers, assuming reasonable health., Valerie Villacampa
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Federal preemption on Michigan state's authority enacting law concerning ballast water discharge in the great lake, Mengxue Xie
Submissions from 2015
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The standard that should be used by the U.S. coast guard in regard to its provision of boarding vessels arriving to the U.S. coasts, Silvia Garcia Ausin
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How the United States Coast Guard might conduct expedited border crossings on the Great Lakes in cooperation with Canadian authorities and law enforcement. Specifically addressing how current agreements and policies may be utilized in order to expedite border crossings on the great lakes and additional measures which can be taken to specifically address the matter through express agreement, Timothy R. Bierer
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Is the test for fitness to plead the same during the appeal process as the trial process at the ECCC?, Khali Blankenship
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Cross-border Distress Calls, Investigation and Potential Compensation, Chadwick P. Cleveland
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International standards for forensic digital evidence, Amar Dzaferovic
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Attribution Evidence of Cell Phone Data, Sana Haider
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Analyze the practical differences and issues, if any, in prosecuting the crimes of aiding the enemy under article 104 of the UCMJ, treason, and material support for terrorism. Has the offense of "material support for terrorism," as defined in the military commissions act of 2009 (10 U.S.C. § 950 t (27)), been tried by U.S. military commissions or foreign military tribunals enforcing the law of war? Please consider whether the UCMJ/MCA crime of “aiding the enemy” 1) is comparable to any international offenses; 2) analyze the practical differences and issues , if any, in prosecuting the crimes of aiding the enemy (under article 104 of the UCMJ) and treason; 3) is a duty of allegiance necessary to prosecute someone for the UCMJ crime (article 104) of aiding the enemy; 4) based on the language of the offense contained in the UCMJ and manual for courts-martial (governed by executive order), can “any person” regardless of military status actually be prosecuted in a court martial for aiding the enemy under UCMJ article 104; and 5) analyze the feasibility of a prosecutor in a military commission charging an alien with article 104 of the UCMJ, taking into account consideration of whether or not there is a duty of allegiance., Nicholas Noah Hossin
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Ballast water regulation in the Great Lakes, Erin James
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Legal Obligations of States and Organizations Under the Rome Statute. Specifically addressing the legal obligations of States Parties, Non-States Parties, and the Security Council, and analyzing what options exist to aid the ICC in its enforcement of these obligiations., Jessica Joyce
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Prosecution Disclosure Obligations, Jeradon Z. Mura
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Finality of Trial Judgment when Accused Dies or is Found Mentally Unfit before Final Appellate Verdict, Katelyn R. Pierce
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Universal definition of piracy & improvements in international coorporation and prosecution, Brad Pyle
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Clarify terms and definitions relevant to Military Commission Prosecutions, Anna Victoria Quiñones Barr
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If the residual mechanism should close for example in Sierra Leone. What should happen to the prisoners who choose to vioalte the conditions of early release? What options are available to monitor and enforce the conditions of release?, Matilda Sodiya
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How long can we suspend the Jones Act for port emergencies? What impacts does the Jones Act have on international voyages on the great lakes? What changes to either Canadian or U.S. law are necessary to enhance commerce on the great lakes? What impacts would those changes have on the U.S. domestic fleet? What are the limitations on the tug-barge manning requirements?, Alpha Taylor
Submissions from 2014
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Categorization of Detainees and Standards of Detention, Ellen Van Cleave
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US-VISIT System, Malea R. Hetrick
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Does political pressure necessarily amount to political interference. Specifically addressing what can be done to alleviate worries that political pressure amounts to political interference within the international courts, Alexis Lee Krivoshik
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The Right to Appeal, Julia Liston
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Under domestic and international law, when does non-international armed conflict begin, and when does it end?, Katherine A. Mozynski
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Whether the Special Tribunal for Lebanon is properly considered to be more a civil law institution or a common law institution., Estefanía Sixto Seijas
Submissions from 2013
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Political Pressure and Political Interference in the function of the Judiciary, Nathaniel T. Dreyfuss
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Obligations of a Country Where Trafficking For Ransom Occurs, Morgan Kearse
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Obligation to Proceed to the Second Trial and the Potential Defense Argument, Kyunghwa Kim
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A Comparative Study of Sentencing in In Absentia Trials, Heather Lee
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Comparative Analysis of Global Domestic Terrorism Sentencing Laws, Evan Charles Pelecky
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Applicability of Combatant Status to Pirates, The PILPG
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Applying the Lockerbie Model to a Proposed Extraterritorial Somali Anti-Piracy Court, The PILPG
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Piracy Definitions in Domestic and Regional Systems, The PILPG
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Comparative Study on the Qualifications and Testimonies of Expert Witnesses, Jonathan Slomski
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Adverse Inference from Silence of Accused, Jiefei Yang
Submissions from 2012
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How can a program similar to Rewards for Justice be established that offers rewards for information related to the financiers or key leaders of pirate organizations?, Baker & McKenzie LLP
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Provide a comparative analysis of the proposed United Nations Extraterritorial Piracy Court and the Lockerbie Tribunal, Baker & McKenzie LLP
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Implications of the UNCLOS definition of piracy on Seychelles prosecutions specifically addressing the incorporation of the definition of piracy in article 101 of UNCLOS and the implications for Seychelles piracy prosecutions, Randall Christopher Bray
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A study of comparative practice of the international tribunals: how do other international tribunals deal with witnesses who have provided a written statement at the pre-trial stage of the proceedings but are unavailable to testify at trial?, Christopher L. Cassaniti
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Recruitment and use of child pirates as crimes against humanity, Maura Finn
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How may the Seychelles Penal Code be amended to support the prosecution of financiers of piracy who reside outside the Seychelles, and what issues arise concerning the extradition of non-national suspects into the Seychelles for prosecution?, Jones Day
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What types of evidence are used to prove a joint criminal enterprise under International Criminal Law?, Katlyn Kraus
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Piracy and International Humanitarian Law, Matthew Langton
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Recruitment and use of children as an act of piracy, Aalia Maan
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Ability of Trial Chamber and Pre-Trial Chamber to Use Different Legal Characterizations, Ugochi Madubata
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Can the Seychelles criminalize possession of piratical equipment, and apply it to foreign nationals found outside of the Seychelles under either universal or protective jurisdiction?, Vijyalakshmi Patel
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Applying the Lockerbie Model to a Proposed Extraterritorial Somali Anti-Piracy Court, PILPG
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Legal Memorandum on Reintegration of Former Pirates, PILPG
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The Speedy Trial Rights of Suspected Pirate Detainees, Aleksandar Sava Rakic
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Analyzing sources of extradition for pirates to Seychelles, Ramnik Samrao
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The Applicability Of National Anti-Terrorism Laws To Piracy: A Comparative Analysis Of Japan, The Philippines, And Singapore, Nina Tantraphol and Frederick Michael Lorenz
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A study of comparative practice of the international tribunals. Under which conditions may subpoenas be issued against witnesses and potential witnesses who refuse to cooperate... subpoena has been issued., Anna Toniolo
Submissions from 2011
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Can piracy be considered a crime against humanity for purposes of the jurisdiction of the International Criminal Court?, Baker & McKenzie LLP
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Can States exercise universal jurisdiction over non-national pirates captured on the high seas?, Baker & McKenzie LLP
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If piracy suspects are seriously mistreated by the capturing authorities before being handed over to a third State or an international tribunal for trial, would international standards of justice require that the case be dismissed?, Baker & McKenzie LLP
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Under International Law, what Conventions or customary international law best address modern acts of piracy?, Baker & McKenzie LLP
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Under international standards of justice, can audio or video recordings of distress calls and footage from vessels allegedly subjected to piratical attacks be admitted into evidence? How would authenticity be proved? Does this deny the opportunity to cross-examine?, Baker & McKenzie LLP
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What domestic and international legal efforts can best ensure the freezing of assets and money acquired through acts of piracy?, Baker & McKenzie LLP
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What are the Common Forms of Lawyer Misconduct Likely to Occur before the ECCC, and How Can the ECCC Address and Sanction such Misconduct?, Rizwan Chowdhry
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In what ways should provisions and agreements governing surrender and legal assistance of a Security Council-created Piracy Court differ from a War Crimes Tribunal?, Brett Ashley Edwards
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Would the right of hot pursuit enable third States to apprehend pirates in the territorial waters of another State without its consent?, Brett Ashley Edwards
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Use of force by private contractors against Somali pirates, Effy Folberg
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Prosecuting Child Pirates, Danielle Fritz
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Comparative Analysis Of The Modes Of Individual Criminal Responsibility As Defined By Article 3(1)(A) Of The Statute Of The Special Tribunal For Lebanon And The Modes As Defined In The Statutes Of The International Criminal Tribunal For The Former Yugoslavia, The International Criminal Tribunal For Rwanda, The Special Court For Sierra Leone, And The International Criminal Court Asserting That The Differences In Language Utilized By The Statutes Of International Tribunals To Denote The Modes Of Individual Criminal Responsibility Serve A Non-Substantive Legal Purpose., Ashanti C. Lisowitz
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Case Brief: In re Mohamud Mohamed Hashi et al. (2009), PILPG
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Domestic Incorporation of International Law: Comparative State Practice, PILPG
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Payment of Piracy Ransoms, PILPG
Submissions from 2010
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Customary International Law Status of the Enumerated Crimes of Article 5 of the Extraordinary Chambers in the Courts of Cambodia Law and Whether They are Prosecutable, Andrew Bader
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Potential Procedural Problems With Applying International Standards in Domestic Kenyan Courts, Kimberly M. Brown
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Statutory Interpretation Regarding Joint Criminal Enterprise and Roots in Codes of Superior Responsibility Doctrine. Does Article 3(1)(b) of the STL Statute refer to the Joint Criminal Enterprise doctrine (JCE) or to another mode of liability? If this provision does not refer to JCE, what was the intent of the drafters of the Statute regarding the meaning of this provision? What support is there for the proposition that the doctrine of superior responsibility is rooted in national criminal and military codes? Which ones? Is it possible to find concordant law-cases issued before February 14 2005 by national courts from different legal systems which establishes that superior responsibility as set out in Article 3 of the STL Statute is applicable to terrorists acts, murder or other crimes within the jurisdiction of the STL?, Jacqueline C. Greene
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What is the legal standard for confirming an indictment in international criminal courts? How might the case law of the other international courts apply at STL?, Kevin M. Griffith
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Does Terrorism Constitute a crime under International Law and, if so, what is its definition. Specifically addressing the argument that a limited definition of terrorism has emerged in customary international law that provides for international criminal liability for individual non-state actors., Avrum Jacobson
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Appeal Based on Inadequate Representation, Ugochi Madubata
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Chapeau Elements of Crimes Against Humanity, crimes against humanity, crimes against humanity and chapeau elements, R. Garrison Mason Jr.
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Proceeding in the Physical Absence of the Accused, and the Use of Technology, Jon-Paul McConnell
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Head of State Immunity and Immunity Claims Against Witness Subpoena Requests. Specifically addressing the scope of head of state and state official immunity, and whether claims of immunity may successfully prevent witness subpoena requests at international and hybrid tribunals., Iskra Miralem
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Was forced marriage a crime against humanity under customary international law in 1975?, Allyson Justine Montgomery
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Degree of Precision Required in International Criminal Indictments, David O"Brien
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Can the trial chamber add charges to the indictment based on the discovery of evidence at trial?, DanaMarie Pannella
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Accused’s Right to Document Translation..., John K. Sawyer
