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

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War Crimes Memoranda

Submissions from 2005 2005

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

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

Immediate application of amendments to the rules of procedure and evidence under rule 6(d) and the rights of the accused, Sean A. Stevens

The principle of legality and the Iraqi Special Tribunal, Sumit Sud

Assuming That The Principle Of Complementarity Applies To Security Council Referrals To The ICC, How Should The ICC Assess Whether The Sudan’s Investigative And Prosecution Efforts Meet The Complementarity Principle?, Helen Sullivan

Does the Principle of Complementarity Apply to Security Council Referrals to the ICC?, Reid Perry Swayze

Can the International Criminal Court hold multinational corporations liable for human rights abuses?, Cara Tenenbaum

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

The potential defense of the creation of buffer zones as a justice for the Anfal operations, Elizabeth W. Young

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

Submissions from 2004 2004

Does The Conspiracy Charge on Our Current Charge Sheet for Hamdan Constitute a War Crime of Other Crime Triable by Military Commission?, Pallavi Chintapalli

According To the Special Court Statute, What Are the Elements of The Following Crimes: A) Collective Punishment; (Art. 3b) B) Terrorism; (Art. 3d), Marissa R. Ducca

To What Extent Can the Special Court for Sierra Leone Constitutionally Issue An Exterritorial Subpoena To A Non-Resident Witness To Testify Before The Court, Lukas M. Grabiec

The ICC has jurisdiction where war crimes, crimes against humanity or genocide are committed within the territory of a State Party. Can it also prosecute those who plan or order such crimes, if they do so outside the territory of a State Party and if they are not nationals of a State Party?, Christa A. Grywalsky

The Reconcilability of the Nahimana “Media Case” Decision for Direct and Public Incitement to Commit Genocide and Persecution as a Crime against Humanity with U.S. Free Expression Law, Philip E. Hamilton

Did The Plenary Have the Power to Adopt Rule 11bis?, Vivian M. Hermiz

The jurisdiction of military commissions over those captured on the battlefield in Afghanistan and then moved to Guantanamo bay naval base for trial, Beau D. Hollowell

The Key Lessons the Iraqi Special Tribunal Can Learn from the ICTY, ICTR, and SCSL, Ahran Kang

Joint Criminal Enterprise - What Is the Degree of Participation Required for Conviction? An Exhaustive Memo of The Jurisprudence on Joint Criminal Enterprise., Christopher J. Knezevic

Forced Marriage as a Prosecutable Crime Against Humanity, Suzanne D. Mattler

The Legitimacy of Article 4(B) And the Status of Unamsil as Civilians Under the International Law of Armed Conflict, Christopher M. McLaughlin

At the trial of an accused person, whether the fact that a judge has written critically about that accused before he came to be appointed as judge impugns the competence, independence and impartiality of the tribunal of which that judge forms a part, Gregory D. Metrick

The Effect of The International Covenant of Civil And Political Rights on The United States of America, Monica E. Nussbaum

Is there a basis for the argument that the detainees at Guantanamo bay are entitled to constitutional protections?, Mark Pustay

Would it be an appropriate use of prosecutorial discretion if the prosecutor declined to initiate an investigation in the case of an alleged offender who has been given amnesty or asylum?, Mark A. Pustay

Does Security Council resolution 1503 that calls for referral of ICTR and ICTY cases to national jurisdictions (and which was adopted, as were the ICTY and ICTR statutes, pursuant to Chapter 7 of the Charter of the United Nations, expand the jurisdiction of these nations over the relevant crimes? If the language of the resolution is inadequate, can it be done by a more explicit Security Council resolution?, John T. Rotterman

The prosecutor’s duty to disclose exculpatory evidence to the defense and the method and timing of such disclosure, Matthew R. Roznovak

Is Incitement to Commit Genocide A Continuing Crime Such That Acts Committed Outside The Temporal Jurisdiction Of The ICTR Can Be Considered In Prosecuting An Accused?, Kam F. Siu

Whether The Referrals to The ICC By Uganda and The Democratic Republic of Congo Violate the Principle of Complementarity, Andrea Telloni

Hazing And Initiation Rites as International War Crimes, John R. Tullio

Is there authority for allowing the statement of a dead witness as to the acts and conduct of the accused as charged in the indictment to be admitted in evidence to the ICTR, Jonathan Luis-Lancho Van Balen

Submissions from 2003 2003

Head Of State Doctrine And International Law Violations, Diego A. Archer

Responsibility Of Military Commanders To Protect Civilians From Attacks By Other Civilians And The State Within Commander’s Area Of Control, V. Justin Arpey

The Obligations of a Third Party Soveriegn to Extradite an Indictee to The Special Court for Sierra Leone and How a Political Asylum Agreement Affects Those Obligations, V. Justin Arpey

A Comparative Study Of Exclusion Of Evidence On The Grounds Of The Means By Which It Was Obtained, Brian Beller

Can An Omission Fulfill The Actus Reus Requirment For Complicity In Genocide, And To What Degree Does Article 6(3) Of The Ictr Statute Impute Criminal Liability For The Crime To A Superior Officer?, Raneisha Blair

Gross Negligence And Recklessness As Sufficient Mens Rea For A Crime Against Humanity Assuming The Accused Has Knowledge Of The Chapeau Elements, Stephen W. Byrne

The Elements Of Rape As A Crime Against Humanity, What Witnesses Are Required To Say To Satisfy These Elements, And The Cultural Implications Of Describing Rape In Detail, Nicole Dorsky

A Comparative Study Of Sexual Violence Trials In The ICTY And ICTR Comparing Six Particular Issues, Siobhan Kehoe Dubin

The Legal Status, Under International Humanitarian Law, Of Captured Mercenaries In Internal Conflicts., Rajesh V. Fotedar

Command Responsibility For Failure To Punish War Crimes Committed Under A Predecessor Commander, Carol Tyler Fox

A Comparative Analysis Of The Mens Rea Requirment For Complicity As Appled In The International Tribuanls And The Common-Law Jurisdictions Of The United States, England & Australia, John W. Gold

Trial Of “The Butare Four” In Belgium, Jessica A. Harrah

Reasoned Judgments Requirement In International Criminal Law, Heather M. Kern

Procedural Rules Relating To The Admissibility Of Evidence Of A Consistent Pattern Of Conduct In Criminal Trials, Christopher B. Kiehl

The Jurisdiction For The Special Court In Sierra Leone, CWRU Law

Comparative Study Of Alternative Punishments To The Death Penalty, Courtney A. Mengel

A Comparison Between The ICTR And The ICC On The Rights Of Victims Who Testify, Kevin F. Mitchell

Does Conviction For Murder As A Crime Against Humanity Require Proof Of Premeditation? What Of The Differing Terms Used In The English And French Versions Of Article 3(A) Of The Ictr Statute And Article 5(A) Of The Icty Statute?, Jennifer Prude

What Is The Distinction Between “Joint Criminal Enterprise” As Defined By The Icty Case Law And Conspiracy In Common Law Jurisdictions?, Rajiv K. Punja

(1) Is There A Role For “Fair Trial Observers” In International Criminal Law Trials? (2) Discussion Of Observers In Other High Profile Trials (3) Proposed Guidelines For Ictr Fair Trial Observers, Ryan C. Scott

Does The Phrase “On Political, Racial, Or Religious Grounds” In Article 3(H) Of The Ictr Statute And 5(H) Of The Icty Statute Foreclose Conviction Based On Persecution Against Ethnic Or National Minorities?, Shaun M. Smith

Comparative Study On The Weight To Be Attached To The Evidence Of Co-Perpetrators In Civil, Common Law And International Criminal Law Systems, Laura S. Steehler

The Role Of The Prosecutor And The Judge, Robert Tibbitts

Submissions from 2002 2002

The Extent of the Prosecutor’s Duty to Disclose Evidence in the Charge of Genocide, Uma Arunachalam

The Tu Quoque Defense, Stephanie Berlin

A Comparative Assessment of the Alibi Rule, Anouk Danan

Can Additional Protocols I & II apply to the same conflict & to different parties within that conflict?, Ratna Kancherla

Whether a Guilty Plea is a Mitigating Factor for Sentencing Purposes, and if so, is it Mandatory or Permissive?: A Critique of the Kambanda Decision and a Comparative Study of Plea Bargaining and Sentencing Issues in ICTR and ICTY Jurisprudence and Other Common Law Countries, Amar Khoday

Sentencing: An assessment of Rule 101 of the ICTR Rules of Procedure and Evidence, federal sentencing laws in England, France and other countries as well as in prisoner-receiving countries, and the Kayishema/Ruzindana judgement., Dora Kripapuri

Comparative Jurisprudence on Participation Offenses: Joint Criminal Enterprise, Aiding, And Abetting In Jurisdictions for the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for Yugoslavia, England (and Wales), Scotland, South Africa, Australia, New Zealand, Canada, and the United States, CWRU Law

Material Facts Not Pleaded In The Indictment, Jessica A. A. Levenberg

Alibi Defense Notice Requirments And Remedies For Failure, Erin Marks

Whether there is a duty for a country to take an accused as a political refugee if his request for asylum is based on a well-founded fear of persecution., Robert K. McAndrews

Surrender Of Indictees And Non-Indicted Criminals From the United States to the ICTR, Christopher M. Rassi

Transfer v. Extradition: A discussion of the interpretation and authority of the transfer provisions of the ICTR Statute and Rules., Alexander C. Reinhardt

Witness Protection, Sarah Suscinski

Contempt Proceedings: Who has the Onus for Investigating and Initiating the Charges of Contempt – the Prosecutor, the Judge or a Third Party?, Jennifer M. Wetmore

Submissions from 2001 2001

Superior Responsibility absent the Subordinate being formally charged, Chad Frederick Affsa

Undue Delay, Kelly M. Before

The Exercise of Universal Jurisdiction by Belgium over ICTR Targets, Julia J. Carabillo

Is evidence of rape relevant and therefore admissible where genocide, but not crimes against humanity (rape), has been charged in an indictment?, Kathleen Cavanaugh

Proving The Nexus Between A Criminal Defendant And The Criminal Conducts Of Subordinates And Associates In War Crimes Charges Pursuant To Article 4 Of The ICTR, Richard Davies

Surrender Of Accused By Domestic States To The ICTR, Agnes Escurel

The balancing of the rights of the accused against the rights of a witness in regard to anonymous testimony., Anna M. Haughton

A comparative analysis of national rules in the United States, the United Kingdom and Canada on the ethical duties of a Judge, Prosecutor and Defense Counsel on making commentary to the press in an ongoing case, Bradley M.J. Kellogg

The decision by the Appeals Chamber in Jelisić not to remit the case for trial after reversing a mid-trial acquittal, Gregory P. Lombardi

The concept of withdrawal from a conspiracy, Tammy Lopez

Expert Witnesses, Kimberly M. Miles

The degree of corroboration required for a witness’ testimony to be considered credible by the Trial Chamber., Patricia Wedding

Submissions from 2000 2000

Can A Defendant Be Charged With Offenses Under Two Or More Articles Of The Ictr Statute Based On The Same Act(S)? If So, Can S/He Be Convicted Of Two Or More Crimes Based On The Same Act(S)?, Michael Ashkouri

Superior Responsibility, Loik S. Henderson

On What Grounds Does A Defendant Have The Right To Substitute Counsel?, Lesly J. Michelot II

The Concept Of Freedom Of Expression In Prosecutions For Crimes Based On Expressive Acts, Anna M. Pohl

Standard Of Competence For Attorneys Who Represent Defendants Before The International Criminal Tribunal For Rwanda, Melanie Popper

Does A Defendant Have Unlimited Entitlement To Be Represented By The Attorney Of His/Her Choice, When The Attorney Is Appointed By The Trial Chamber?, Tami L. Roberts

Imputing The Intent Of A Superior To A Subordinate, April Yates

Submissions from 1999 1999

Plea Bargaining Under The Rwandan Statute And Rules Of Evidence And Procedure, Sohan S. Desai

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