Frederick K. Cox International Law Center War Crimes Research Portal
Frederick K. Cox International Law Center War Crimes Research Portal
War Crimes Research Portal

Case Western Reserve University School of Law
11075 East Blvd.
Cleveland, Ohio 44106

Contact: michael.scharf@case.edu
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Instant Analysis


Instant Analysis articles are written each month by the members of the American Branch of the International Association of Penal Law, on the hottest topics in international criminal law.

TITLE: Revised Version of Iraqi Special Tribunal Rules of Procedure and Evidence and IST Elements of Crime (3/16/2005)
DESCRIPTION: In February 2005, the judges of the Iraqi Special Tribunal approved and promulgated the Rules of Procedure and Evidence which will govern proceedings before the IST. The official version of the Rules was published in Arabic. To facilitate academic research related to the IST, we have been provided this unofficial English translation (which includes a few obvious typos identified by highlighting) to post on the War Crimes Research Portal as well as the IST Elements of Crime.   view article >>
TITLE: Report of Task Force of the American Bar Association on Reform of the UN Human Rights Commission (2/23/2005)
DESCRIPTION: In February 2005, the American Bar Association International Law Section approved the Report of the ABA Task Force on Reform of the U.N. Commission on Human Rights. The Report, co-authored by Case Western Reserve University School of Law professor Michael Scharf and American University School of Law professor Paul Williams, recommends sweeping changes in the makeup and operations of the United Nations Commission on Human Rights, the body charged with enforcing human rights among the U.N.'s member nations.   view article >>
TITLE: Steps Closer to Justice for Past Crimes in Argentina and Chile: A Story of Judicial Boldness (11/17/2004)
DESCRIPTION: "Steps Closer to Justice for Past Crimes in Argentina and Chile: A Story of Judicial Boldness" is authored by Raquel Aldana, Associate Professor of Law, William S. Boyd School of Law, University of Nevada, Las Vegas. Professor Aldana provides a thorough and up-to-date account of attempts to establish accountability for systemic human rights abuses in Argentina and Chile and then charts the future trajectories of justice in the two countries.   view article >>
TITLE: ICTY Appeals Chamber Decision on Milosevicís Right of Self-Representation (11/1/2004)
DESCRIPTION: On 1 November 2004, the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia issued its decision on whether Slobodan Milosevic has a right to continue to act as his own lawyer in his war crimes trial at The Hague. In this Instant Analyais, Michael P. Scharf, Professor of Law and Director of the Frederick K. Cox International Law Center at Case Western Reserve University School of Law, provides a critique of the decision and explains how it is likely to affect the trial of Saddam Hussein before the Iraqi Special Tribunal and future trials involving former leaders accused of international crimes.   view article >>
TITLE: GENOCIDE IN DARFUR: A Legal Analysis (9/28/2004)
DESCRIPTION: This legal memorandum sets forth the precise legal criteria as established in the Genocide Convention and then conducts a traditional legal analysis to determine whether the acts of violence and aggression in Darfur, Sudan meet the legal standard for genocide as set forth in the Convention. The memorandum concludes there is sufficient evidence to meet the legal requirements for a determination that genocide is occurring in Darfur, Sudan.   view article >>
TITLE: ICTY Appeals Chamber Delivers Two Major Judgments: Blaškić and Krstić (8/23/2004)
DESCRIPTION: This piece, writen by Professor Mark A. Drumbl of Washington & Lee University School of Law, analyzes two recent judgments by the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia, which will have a significant impact on the development of international criminal law, the pending work of the ICTY, justice for victims, and politics in the present states of the former Yugoslavia.   view article >>
TITLE: International Legal Issues Surrounding the Mistreatment of Iraqi Detainees by American Forces (5/20/2004)
DESCRIPTION: This Instant Analysis is authored by Leila Nadya Sadat, Vice-President of the U.S. National Section of the AIDP and Professor and the Israel Treiman Faculty Fellow at Washington University School of Law.   view article >>
TITLE: The Defense of Necessity in Request for Advisory Opinion in Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (3/7/2004)
DESCRIPTION: This Instant Analysis is authored by John Quigley, President's Club Professor in Law at Ohio State University, Moritz College of Law. Professor Quigley summarizes the key issues in this matter. This request for an advisory opinion raises a number of questions germane to international criminal law, such as defense against terrorism, necessity, and building a barrier on occupied territory. Professor Quigley explores these, focusing his discussion on the defense of necessity. This request for an advisory opinion, along with a number of other claims currently before the ICJ, raise deeper questions about the connections between state responsibility, declaratory and civil relief, and individual criminal responsibility within the international legal system as a whole.   view article >>
TITLE: Is it International Enough? A Critique of the Iraqi Special Tribunal in light of the Goals of International Justice (2/9/2004)
DESCRIPTION: A Critique of the Iraqi Special Tribunal in Light of the Goals of International Justice. This Instant Analysis is authored by Michael Scharf, President of the U.S. National Section of the AIDP and Professor of Law at Case Western University, where he also directs the Cox International Law Center. Professor Scharf analyzes the Statute of the Iraqi Special Tribunal and concludes that it is under-internationalized and, hence, will encounter difficulties in attaining many of its goals.   view article >>
TITLE: Some Recent Developments at the ICTY and the ICTR (11/10/2003)
DESCRIPTION: This Analysis is authored by Professor Leila Sadat of Washington University, School of Law. Professor Sadat's analysis of the recent Stakic case offers a comprehensive and sophisticated examination of many aspects of this important judgment, including the acquittal on the genocide counts and the dolus specialis of genocide.   view article >>
TITLE: JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT (9/23/2003)
DESCRIPTION: Authored by Johan van der Vyver of Emory Law School, this Instant Analysis explores the jurisdiction of the ICC, the ability of the ICC to exercise that jurisdiction over recent conflict in the DRC, Afghanistan and Iraq, and also the U.S. position vis-a-vis the ICC. This is a detailed and sophisticated analysis that can serve both as an informational resource and reference point.   view article >>
TITLE: Supreme Court of Mexico: Decision On The Extradition Of Miguel Cavallo (9/10/2003)
DESCRIPTION: Authored by Luis Benavides, this Instant Analysis explores this extradition decision. Luis also considers the effects of the recent lifting of Argentina's amnesty laws on prosecution of alleged perpetrators of systemic human rights during the "dirty war" period.   view article >>

War Crimes Research Guide
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    (where to look)
  • Bibliography
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