War Crimes Memoranda | War Crimes | Case Western Reserve University School of Law

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War Crimes Memoranda

Submissions from 2010 2010

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

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

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

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

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

Submissions from 2009 2009

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

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

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

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

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

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

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

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

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

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

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

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 2008

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

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

"Instigation" in international criminal law, Louis David Coddon

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

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

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

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

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

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

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

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

“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

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

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

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

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

Submissions from 2007 2007

The Scope of Military Necessity, Lydia Bakaki

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Submissions from 2006 2006

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

As For Self-Representation In The International Criminal Court, Is There An International Right To Self-Representation In War Crimes Trials, Or Should Defense Counsel Be Imposed From The Outset Of The Trial At The ICC? How Should The ICC Deal With A Defendant-Lawyer Who Uses Self-Representation To Disrupt The Orderly Trial Proceedings?, Chelan Bliss

Article 85: if someone is wrongfully detained or convicted, what recourse does he have? What compensation is he entitled to? Is this monetary, and if so, where does the money come from? What should the court take into consideration when deciding on compensation?, Robert C. Bliss

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

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

What course of action may or must the trial chamber take if, at the end of the trial, it is not satisfied that all of the elements of the crime charged have been proven beyond a reasonable doubt but it is satisfied that the evidence proves beyond a reasonable doubt all the elements of a different, but related, crime., Traci M. Donovan

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

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

Where an ongoing joint criminal enterprise exists, what is necessary to bring about its termination as a matter of law or to terminate an individual’s membership in the joint criminal enterprise?, Michael A. Glazer

What is the purpose of the pre-trial chamber’s confirmation hearing?, Kevin Hussey

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

What may/must the trial chamber do if all of the elements of the charged offense are not proven beyond a reasonable doubt but all of the elements of an uncharged, but related, offense are proven beyond a reasonable doubt?, Christopher Kringel

Can an alleged superior officer be convicted under command repsonsibility even if he was deprived of his authority but still held a formal command position? What is meant by “effective control” under the doctrine of command repsonsibility?, Zachery Lampell

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

Did The Forcible Transfer, Active Concealment, Torture And Murder Of Non-Combatant Kuwaiti Citizens And Third Party Nationals In August Of 1991 To March Of 1992 Constitute Any Crime Within The Jurisdiction Of The Iraqi High Tribunal? Did The Capture, Torture And Public Murder Of Captive Coalition Troops By Iraqi Troops During The 1991 War Constitute A Crime Within The Jurisdiction Of The Iraqi High Tribunal? Did The Seizure And Placement Of Non-Combatant Foreigners In Direct Proximity To Military Targets Constitute A Crime Within The Jurisdiction Of The Iraqi High Tribunal?, Gregory S. McNeal

What precautions and remedies may a trial chamber exercise when defense counsel fails to appear?, Kyle David Miller

What minimum standards must the IHT follow when assigning pulic defenders in place of privately retained defense counsel so that the defendant’s right to a fair trial is not prejudiced?, Thihan Nyun

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

Are Civilian Informants From Al Dujayl Liable Before The IHT?, Kevin Pendergast

Voluntary Surrender To The Custody Of The International Criminal Tribunal For Rwanda, Scott D. Perlmuter

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

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

How will international criminal procedural law supplement uncertainties or gaps in Cambodian criminal procedural law during the course of the CEC proceedings; and what are the major impediments in implementing international procedural safeguards on a domestic level?, Sarah Schauerte

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

The Applicability Of Article 3 Common To The Geneva Conventions To The Prosecution Of The Armed Forces Revolutionary Council, Kelly Sheahen

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

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

Submissions from 2005 2005

The Ma’dan (Marsh Arabs) and What Constitutes a Crime Against Humanity Through Environmental Attacks, Shane A. Brinkman

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

The admissibility of acts and declarations of a co-conspirator in international criminal law, Allison L. Carr

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

What Are The Rules Of National And International Law Regarding The Duty Of Counsel To Raise Issues In A Timely Manner?, Susan Cohen

Whether the Anfal operations constitude genocide, Jessica L. Doinidis

The Contours Of The Common Purpose / Joint Criminal Enterprise Doctrine Under The Jurisprudence Of The International Tribunals And Article 15(B)(4) Of The Ist Statute, Ruth Mary Hackler

How Will The Negotiation History Of The Rome Conference And Jurisprudence Of Ad Hoc Tribunals Aid The International Criminal Court In Its Interpretation Of The Gender-Related Provisions Unique To The Rome Statute?, Joshua Joseph

With Reference to the specific crimes that have been charged in the indictments issued by the Special Court for Sierra Leone, to what extent do the Elements of Crimes of the International Criminal Court reflect customary international law as it existed at the time material to the indictments? In other words, to what extent are the Elements of Crimes of the International Criminal Court a reliable guide as to the elements of the crimes charged by the Special Court for Sierra Leone? In cases where the Elements of Crimes of the International Court depart from pre-existing customary international law, what are the elements of crimes that should be applied?, Christopher G. Kuhn

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

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

Victim and witness provisions of the ICC compared to other international tribunals, Colin McLaughlin

What Are The Contours Of The Crime Of Aggression In International Law As It Would Apply To The Iraqi Attack On Iran And Iraqi Attack On Kuwait? What Defenses Are Uniquely Available With Respect To This Crime?, Katherine Mowat

Can terrorist acts be considered crimes against humanity or war crimes?, Bradley Olson

The legitimacy of the establishment of the Iraqi Special Tribunal, Erin Page

Prosecuting Plunder and Pillage Within the Framework of Internal Armed Conflicts, Amanda J. Perkett

The Criminal Culpability Of The Defendants And Saddam Hussein In Connection With The Treatment Of The People Of The Village Of Al-Dujayl, Prathima C. Reddy

Were The Atrocities Committed By Saddam Hussein Against The Citizens Of Al-Dujail, In Response To A Failed Assassination Attempt In 1982, Justified As A Lawful Exercise Of Self Defense Under International Law?, Eric Reeves

What limitations are there on the permissibility of public statements made by international criminal tribunal prosecutors and judges?, Megan MacKay Saucier

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