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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

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What is the practice/policy at the international tribunals with regard to providing witnesses copies of their statements? Do international tribunals have blanket policies, or is it on a case-by-case basis (e.g., if the witness asks for it)? What is the practice in national jurisdictions?, Yedga Sikod

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Concurrent Jurisdiction and Primacy. What do the concepts of “concurrent jurisdiction” and “primacy” mean concretely for the STL and the Lebanese national courts? ..., Helena Traner

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The Use of Sealed Indictments in International Law and the Issuance of Sealed Indictments Ex Parte. Specifically addressing the case law of the international tribunals as it pertains to sealed indictments. Also, Whether it is legally possible to issue sealed indictments Ex Parte., Gregory L. Watkins

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Under what Conditions Would the Involvement of a Judge in the Adoption of a Piece of Legislation Warrant his Recusal (or Removal) From the Bench on Grounds of Lack of Impartiality or Appearance Thereof?, Brandon J. Wheeler

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The Cooperative Obligations Owed by Lebanon and Other States to the Special Tribunal for Lebanon, Keith Edmund White

Submissions from 2009

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What are the Requirements for Appointment of an Expert Under International Criminal Law and What is the Law Regarding the Examination of an In-House Expert?, Alex Buskirk

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Can the Systematic Elimination of Cambodian Citizens Identified as Vietnamese Sympathizers be Grounds for Charging the Khmer Rouge with Genocide of the Vietnamese National Group?, Adrienne Cavender

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Can the systematic elimination of Buddhist leadership along with a ban on that religion and destruction of pagodas be used to charge genocide against Khmer Rouge leaders?, Stephen Ellsesser

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Grounds for challenging/defending tribunal’s establishment and jurisdiction what are the possible legal challenges relating to the establishment and jurisdiction of the tribunal? How can these arguments best be refuted?, Jacqueline C. Greene

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What does international human rights/ international criminal tribunal jurisprudence say about trials in absentia?, Jason A. Greenglass

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The issue as presented to me is “Enforced Disappearance as a Crime Against Humanity (1975): Was Enforced Disappearance a Crime Against Humanity as part of customary international law in 1975?, Elisabeth Herron

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Corrupt conditions surrounding the ECCC and their effect on judicial decision-making and the appearance of fairness, Michael A. Kertesz

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Would an accused or a witness who is a state official be able to claim immunity from before the STL? If so, what type of immunity and what would the consequences of such a successful claim be?, Heather Ludwig

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The Scope of “Public Interest” as a Justification for Non-Disclosure of Evidence by the Prosecution in International Tribunals and Domestic Courts, Geoff B. McCarrell

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What are the Requirements of Pleading JCE in an Indictment? What are the Requirements of Pleading co-perpetration in and Indictment under the ICC Statute?, Gregory Scott Miao

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Admissibility of evidence which predates the temporal jurisdiction of the court, Aaron Rodgers

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Under U.S. and other common law traditions, what conditions have to be met for that to take place? How can assets be released and generally for what purposes? How and to what extent and under what conditions can assets be unfrozen?, Saini Sudnagunta

Submissions from 2008

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The Adequacy of Uganda’s War Crimes Court, Gadeir Abbas

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Legal classification and status of forced recruits over the age of fifteen years old: are forced recruits enslaved within the meaning of international law or do they fall within a different legal classification (namely, civilian or combatant)?, Brin Thaxton Anderson

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"Instigation" in international criminal law, Louis David Coddon

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Were the Offenses Described in Article 5 of the ECCC Statute Part of the Customary International Law in 1975? and What is the Evidentiary Threshold of the Discriminatory Intent for Crimes Against Humanity Described in the Chapeau of Article 5 of the ECCC Statute?, Geoffrey M. Dureska

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A Comprehensive Study to Determine the Elements and Scope of Convictions for Aiding and Abetting, as Illustrated by Case Law from the International Criminal Tribunals, Katharine Gibson

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The Development of International Aiding Or Abetting Jurisprudence Since World War Two Specifically addressing the argument that high-up government officials may be held guilty for aiding or abetting crimes by omission, so long as such omission satisfies the basic elements of aiding or abetting., Zachary David Gilliland

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The Status of the Crime of Genocide, in Cambodia and under Customary International Law, in 1975 Specifically addressing whether or not genocide was a crime in Cambodia in 1975 and whether or not it was a crime under customary international law. Also, whether the language differences between Article 4 of the ECCC statute and the Convention on the Prevention and Punishment of the Crime of Genocide could have consequences on prosecutions before the ECCC., Lynn Greening

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Extraordinary Chamber for the Cambodian Courts, ECCC, Crimes Against Humanity as Customary International Law in 1975 and The Evidentiary Threshold for Discriminatory Intent, Corey Harkey

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Can the mass starvation and denial of medical services to those held in involuntary detention constitute genocide, crimes against humanity, or grave breaches of the Geneva convention? and What level of foreseeability is necessary to hold policy makers liable for starvation and illness?, Sheronda M. Lawson

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Should The Extraordinary Chambers In The Courts Of Cambodia Be Allowed To Admit Evidence Of The Khmer Rouge’s Command Structure That Was Obtained From The Torture Of Prisoners At Tuol Sleng, Alexander Laytin

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superior responsibility and The Extraordinary Chambers of the Courts of Cambodia, ECCC, ECCC and superior responsibility, Status of Superior Responsibility in International Law before 1975 Specifically discussing the existence, character, and special problems of the doctrine of superior responsibility., J. Matthew Lineham

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“Planning” under international criminal law specifically addressing the legal elements and the scope of the term to “plan” a crime under international criminal law., Sara Mahmoud-Davis

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What is the law on duress under international criminal law (ICL)? Is it a defence (full or partial)? If not, what effect does it have in mitigating culpability?, Josephina S.R. Manifold

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Under The Doctrines Of Joint Criminal Enterprise And Command Responsibility, What Is Deputy Secretary Nuon Chea’s Potential Criminal Liability For Ordering And Failing To Prevent, Halt, And Punish Violations Of International Humanitarian Law?, Megan McCarthy

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Regarding State owned resources, or in the alternative, resources in which the State has the primary or superior interest - would exploitation of such resources constitute pillage as that term is defined in international criminal law? And Would such conduct be a crime against humanity as it is a State owned resource, or a resource in which the State has the primary or superior interest?, Michael McGregor

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International jurisprudence on impeachment of a witness specifically addressing the procedure for impeachment of a witness of the court, Aanchal Soni

Submissions from 2007

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The Scope of Military Necessity, Lydia Bakaki

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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

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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

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What Was Saddam’s Status When He Was In United States Custody At The Request Of The Iraqi Government? Does The Characterization Of The Conflict Affect Saddam's Status As A Detainee? Can A Prisoner's Status Change Over Time, And If So, How?, Robert C. Bliss

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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

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Distinguishing forced marriage as a separate crime against humanity specifically addressing the question as to whether jurisprudence exists to support the crime of forced marriage as separate from sexual slavery and if so, how the elements of the two crimes differ. In addition, whether forced marriage is unique from other enslavement crimes., Michelle Marie Celli

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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

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Recruitment of Child Soldiers, Forced Marriage, and Customary International Law, Margaux J. Day

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Can a state party that has referred a situation to the ICC "withdraw" the referral?, Patrick G. Dowd

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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

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What is the evidentiary threshold of the terms “widespread” and “systematic” when proving crimes against humanity in the Cambodian context?, Samir Hadeed

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How far does the requirement of judicial impartiality extend? Do the requirements of judicial impartiality extended down to court officers and staff?, Michael Hammond

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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

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

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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

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A Memorandum In Support Of The Brdjanin Decision On Interlocutory Appeal Regarding The Application Of The Theory Of Responsibility Under The Third Category Of Joint Criminal Enterprise Vis-À-Vis The Crime Of Genocide, Michelle Oliver

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In what circumstances can “consciousness of guilt” be used as evidence in international criminal law?, Sarah Paulett

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The potential problems relating to defendant competence to stand trial and the proper means with which to address them, Sarah Schauerte

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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

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Access to Witnesses in National & International Criminal Courts, Harper Jean Tobin

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Should the International Criminal Court (ICC) allow self-represented defendants an absolute right to cross- examine witnesses?..., Stephanie Unick

Submissions from 2006

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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