Frederick K. Cox International Law Center
Frederick K. Cox International Law Center





Case Western Reserve University School of Law
2008 Jessup International Moot Court World Championship Team.

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The International Law Faculty



Michael P. Scharf
Associate Dean for Global Legal Studies; John Deaver Drinko - Baker and Hostetler Professor of Law
Phone: 216/368-3299
Email: michael.scharf@case.edu

John Deaver Drinko-Baker & Hostetler Professor; BA 1985, JD Order of the Coif 1988 (Duke)
Michael Scharf is the John Deaver Drinko-Baker & Hosftetler Professor of Law, and director of the Frederick K. Cox International Law Center. He also directs the Henry T. King, Jr. War Crimes Research Office and the Summer Institute for Global Justice in The Netherlands, and serves as U.S. director of the Canada-U.S. Law Institute. In February 2005, Prof. Scharf and the Public International Law and Policy Group, a Non-Governmental Organization that he co-founded and directs, were nominated for the Nobel Peace Prize by six governments and the Prosecutor of an International Criminal Tribunal for the work they have done to help in the prosecution of major war criminals, such as Slobodan Milosevic, Charles Taylor, and Saddam Hussein. During the first Bush and Clinton Administrations, Prof. Scharf served in the Office of the Legal Adviser of the U.S. Department of State, where he held the positions of Attorney-Adviser for Law Enforcement and Intelligence, Attorney-Adviser for U.N. Affairs, and delegate to the U.N. Human Rights Commission. Judicial clerk to Judge Gerald Bard Tjoflat on the Eleventh Circuit Federal Court of Appeals, Prof. Scharf has testified before the U.S. Senate Foreign Relations Committee and the House Armed Services Committee and is the author of over 70 scholarly articles and 13 books, including three that have won national book of the year honors. Recipient of the Case Western Reserve University School of Law Alumni Association's 2005 "Distinguished Teacher Award" and Ohio Magazine's 2007 "Excellence in Education Award," Prof. Scharf teaches International Law, International Criminal Law, the Law of International Organizations, and the War Crimes Research Lab. During a sabbatical in 2008, he served as Special Assistant to the Prosecutor of the Cambodia Genocide Tribunal.


Publications:

Professor Scharf’s article, “Tainted Provence: When, if Ever, Should Torture Evidence Be Admissible,” 65 Washington and Lee Law Review 129-172 (2008) was cited as authority by the UN’s Cambodia Genocide Tribunal in its July 28, 2009 decision to dismiss the Defense motion to exclude evidence obtained during Khmer Rouge interrogations at the infamous S-21 detention center.

“Amnesty,” The Encyclopedia of Genocide and Crimes Against Humanity 31-41, ed. Dinah Shelton, (Thomson Gale, 2005)

“Do Former Leaders Have an International Right to Act as Their Own Lawyer in War Crimes Trials?” 20 Ohio State Journal on Dispute Resolution 3-42 (2005) (symposium issue) (with Christopher Rassi)

“The Amnesty Exception to the Jurisdiction of the International Criminal Court,” in The International Criminal Court 437-57, eds. Olympia Bekou and Robert Cryer, (Ashgate Publishing Co., 2005)

“War Crimes and Tribunals,” in John Norton Moore and Robert F. Turner, National Security Law, 2d edition (Carolina Academic Press, 2005)

“Will Saddam Hussein Get a Fair Trial,” 37 Case Western Reserve Journal of International Law 21-40 (2005) (edited transcript of C-SPAN debate between Saddam Hussein’s Lawyer, Curtis Doebbler, and Michael Scharf)

“Can This Man Get a Fair Trial,” The Washington Post, December 19, 2004, at B-1, B-2 (Outlook Section)

“Defining Terrorism as the Peacetime Equivalent of War Crimes: Problems and Prospects,” 36 Case Western Reserve Journal of International Law 359-374 (2004)

“Earned Sovereignty: Juridical Underpinnings,” 31 Denver Journal of International Law 349-426 (2004)

“In the Cross Hairs of a Scary Idea,” The Washington Post, April 25, 2004, at B1, B4. (Outlook Section)

“Is it International Enough: The Iraqi Special Tribunal in Light of the Goals of International Justice,” 2 Journal of International Criminal Justice 330-338 (2004). Reprinted in 58 International Bar News 11 (2004)

“Making a Spectacle of Himself, Milosevic Wants a Stage, Not the Right to Provide His Own Defense,” The Washington Post, August 29, 2004, at B2. (Outlook Section)

“The Functions of Justice and Anti-Justice in the Peacebuilding Process,” 35 Case Western Reserve Journal of International Law 161-190 (Summer 2004) (Symposium Issue)

“Trading Justice for Efficiency: Plea Bargaining Before International Tribunals,” 2 Journal of International Criminal Justice 1070-1081 (2004)

Peace with Justice? War Crimes and Accountability in the Former Yugoslavia (Rowman & Littlefield, 2002) (with Paul Williams) (winner of the International Association of Penal Law’s Book of the Year Award for 2003)

“An Illusory Fork in the Road to Peace: Justice vs. Accommodation,” in The Future of Peace in the Twenty-First Century 636-763, eds. Nicholas Kittrie, Rodrigo Carazo, and James Mancham (Carolina Academic Press, 2003)

“Application of Treaty-Based Universal Jurisdiction to the Nationals of Non-Party States,” 35 New England Law Review 363-382 (2001) (Symposium Issue) (cited in United States v. Ramzi Ahmed Yousef (the World Trade Center Bombing Case), 327 F.3d 56 (2d Cir. 2003))

“Commentary on Prosecutor v. Furundzija,” in Annotated Leading Cases of International Criminal Tribunals, eds. Andre Klip and Goran Sluiter (2003)

“Is Invasion of Iraq Lawful Under International Law?” 57 (1) International Bar News 3-5 (March 2003) (Cover Story) (News Magazine of the International Bar Association). Reprinted in 9 (3) Human Rights Tribune: Des Droits Humains 7-9 (Spring 2003) (a publication of Human Rights International)

“The Legacy of the Milosevic Trial,” 37 New England Law Review 915 (Symposium Issue) (2003)

Slobodan Milosevic on Trial: A Companion (Continuum Press, 2002) (with William Schabas)

The Case for Supporting the International Criminal Court, Washington University School of Law, International Debate Series (2002, No. 1)

“Don’t Just Fight Him, Indict Him,” The Los Angeles Times, October 6, 2002, at M-1 (Op/Ed)

“International Law Principles on Accountability,” in Post-Conflict Justice, ed. M. Cherif Bassiouni (Transnational Publishers, 2002)

“Jelisic Judgment of the Yugoslavia Tribunal,” Annotated Leading Cases of International Criminal Tribunals, eds. Andre Klip and Goran Sluiter (Intersentia, 2002) (book chapter)

“On Dangerous Ground: Passive Personality Jurisdiction and the Prohibition of Internet Gambling,” 8 New England Journal of International and Comparative Law 19-36 (2002) (E-Commerce Symposium Issue)

“Rebels with a Cause: The Minds and Morality of Political Offenders,” 96 American Journal of International Law 275-278 (2002) (Book Review)

“Statesman or War Criminal?” 54 Agni 299-305 (Boston University, 2002) (Book review of The Trial of Henry Kissinger by Christopher Hitchens)

“The Case for an International Trial of the al-Qaeda and Taliban Perpetrators of the 9/11 Attacks,” 36 New England Law Review 911-917 (2002) (Responding to Rogue Regimes Symposium Issue)

“The International Trial of Slobodan Milosevic: Real Justice or Realpolitik?” International Law Students Association Journal of International and Comparative Law 389-401 (2002) (International Law Weekend Symposium Issue)

“The Interstellar Relations of the Federation: International Law and Star Trek: The Next Generation,” in Star Trek Visions of Law and Justice, eds. Robert Chaires and Bradley Chilton (Adios Press, 2002)

The Law of International Organizations: Problems and Materials (Carolina Academic Press, 2001)

“Defining Terrorism as the Peacetime Equivalent of War Crimes: A Case of Too Much Convergence Between International Humanitarian Law and International Criminal Law,” 7 International Law Students Association Journal of International & Comparative Law 391-399 (2001)

“How the Lockerbie Trial Paid Off For U.S. Security Interests,” The Boston Globe, February 10, 2001, at A15 (Op/Ed)

“Prosecute Terrorists on a World Stage,” The Los Angeles Times, November 18, 2001, at M5 (Op/Ed)

“The International Criminal Court’s Jurisdiction Over the Nationals of Non-Party States: A Critique of the U.S. Position,” 64 Law & Contemporary Problems 67-117 (2001)

International Criminal Law: Cases and Materials (Carolina Academic Press, 1996; 2d edition 2000) (with Jordan Paust, et al.)

“Commentary on the ICTR’s Jurisprudence Concerning Witness Issues,” in Annotated Leading Cases of International Criminal Tribunals, eds. Andre Klip and Goran Sluiter (Intersentia, 2000)

“NATO Intervention on Trial: The Legal Case that was Never Made,” 1-2 Human Rights Review 103-107 (2000) (with Paul Williams)

“Terrorism on Trial: The Lockerbie Criminal Proceedings,” 6 International Law Students Association Journal of International & Comparative Law 355 (2000)

“The Tools for Enforcing International Criminal Justice in the New Millennium: Lessons from the Yugoslavia Tribunal,” 49 DePaul Law Review 925-980 (A. Festschrift for Professor M. Cherif Bassiouni) (2000)

“The United States and the International Criminal Court: An Overview,” “The ICC’s Jurisdiction Over the Nationals of Non-Party States,” and “Justice versus Peace,” in The United States and the International Criminal Court: National Security and International Law 1-27, 179-193, 213-236, eds. Sarah Sewall and Carl Kaysen (2000)

The International Criminal Tribunal for Rwanda (Transnational Publishers, 1998) (2 Vols.) (with Virginia Morris) (winner of the 1999 American Society of International Law Certificate of Merit for the Outstanding Book in International Law)

“Clear and Present Danger: Enforcing the International Ban on Biological and Chemical Weapons Through Sanctions, Use of Force, and Criminalization,” 20 Michigan Journal of International Law 477-523 (1999) (Symposium Issue)

“Enforcement Through Sanctions, Force, and Criminalization,” in The New Terror: Facing the Threat of Biological and Chemical Weapons 439-479, eds. Sidney D. Drell and Abraham D. Sofaer (1999)

“Indicted for War Crimes, Then What,” The Washington Post, October 3, 1999, at B-1 (Outlook Section)

“Responding to Rwanda: Accountability Mechanisms in the Aftermath of Genocide,” 52 Journal of International Affairs 621-638 (1999) (Symposium Issue)

“The Amnesty Exception to the Jurisdiction of the International Criminal Court,” 32 Cornell International Law Journal 507-527 (1999) (Symposium Issue)

“The Draft Statute for an International Criminal Court,” in International Criminal Law (Vol. III) 637-653, ed. M. Cherif Bassiouni, 2d edition (1999)

“The Politics Behind U.S. Opposition to the International Criminal Court,” 6 (1) The Brown Journal of World Affairs 97-104 (Winter/Spring 1999) (Symposium Issue)

“U.S. Could Have Justified War Acts,” The National Law Journal, June 7, 1999, at A30

“War Criminals Must be Prosecuted,” The Boston Herald, July 3, 1999, at 5 (Op/Ed)

Making Justice Work (The Century Foundation Press, 1998) (with Paul Williams and Diane Orentlicher)

Testimony Before the Senate Foreign Relations Committee, Hearings on the International Criminal Court, Senate Hearing 105-724, July 23, 1998

“Indict Serbia’s Milosevic for Crimes Against Humanity,” International Herald Tribune, March 21, 1998 (Op/Ed)

“Protecting Minorities: The Lessons of International Peacekeeping,” American Society of International Law, Proceedings of the 91st Annual Meeting 437-441 (1998)

“The Letter of the Law: The Scope of the International Legal Obligation to Prosecute Human Rights Crimes,” 59 Law and Contemporary Problems 41-61 (1998) (Symposium Issue)

“The Prosecutor v. Slavko Dokmanovic: Irregular Rendition and the ICTY,” 11 Leiden Journal of International Law 369-382 (1998)

“Trial and Error: An Assessment of the First Judgment of the Yugoslavia War Crimes Tribunal,” 30 New York University Journal of International Law and Politics 101-132 (1998) (lead paper delivered at the Third Rose L. and Herbert Rubin Symposium on International Law at NYU School of Law)

Balkan Justice: The Story Behind the First International War Crimes Trial Since Nüremberg (Carolina Academic Press, 1997) (Nominated for a Pulitzer Prize in Letters)

Bringing War Criminals to Justice: Obligations, Options, Recommendations (University of Dayton’s Center for International Programs, 1997)

“A Critique of the Yugoslavia War Crimes Tribunal in Report of the International Law Association on an International Criminal Court,” 25 Denver Journal of International Law and Policy 305-312 (1997)

“Bridging the Taiwan Strait,” The Christian Science Monitor, December 3, 1997, at 20 (Op/Ed)

“International Decisions: Prosecutor v. Tadic,” 91 American Journal of International Law 718-721 (1997)

“The Case for A Permanent International Truth Commission,” 7 Duke Journal of Comparative & International Law 375-410 (1997) (Symposium Issue)

“The International Trial of the Century? A Cross-Fire Exchange on the First Case Before the Yugoslavia War Crimes Tribunal,” 29 Cornell International Law Journal 635-663 (1997) (with Valerie Epps)

“The Prosecutor v. Dusko Tadic: An Appraisal of the First International War Crimes Trial Since Nüremberg,” 60 Albany Law Review 861-882 (1997)

“An Assessment of the Yugoslavia War Crimes Tribunal,” 2 International Law Students Association Journal of International and Comparative Law 655-660 (1996)

“Have We Really Learned the Lessons of Nüremberg?” 149 Military Law Review 65-71 (1996)

“Impunity and Human Rights in International Law and Practice,” 90 American Journal of International Law 173-175 (1996) (Book Review)

“International Justice: Luring Out Humanity’s Dark Side,” The Boston Globe, December 1, 1996, at D12 (Op/Ed)

“Swapping Amnesty for Peace: Was There a Duty to Prosecute International Crimes in Haiti?” 31 Texas International Law Journal 1-41 (1996) (Symposium Issue)

“The Politics of Establishing An International Criminal Court,” 6 Duke Journal of Comparative & International Law 167-173 (1996)