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War Crime Memoranda

These are student memoranda written in response to questions from the Tribunal's Office of the Prosecutor, between 1996 and 2004. Issues presented were usually on then undecided procedural issues.

War Crime Memoranda, by Year

Name Author Date
Reasonable v. Unreasonable Delays in Bringing an Accused To Trial Rian Kovarik 2004
Hierarchy of Sources for Choice of Law at the International Criminal Tribunal for Rwanda And Yugoslavia Doris Gelbman 2004
Mens Rea Required for Genocide vs. Mens Rea required for Conspiracy to commit Genocide Lorin Einhorn 2004
A Comparative Study of the Rule against Self-Incrimination in Common and Civil Law Countries Kelly Neumann 2003
Is evidence of a formalized policy of rape necessary to establish a causal connection to an Accused or can this be established by inference? If inference is sufficient, consider the nature and scope of evidence required. Propose a legal test. Kelli Boyer 2003
Research and Analysis of Trials Held in Domestic Jurisdictions for Breaches of International Criminal Law Per C. Vaage 2003
Indictments in Common Law Countries vs. Civil Code Countries M. Wilkie 2003
Comparative Study of the Weight to be Attached to the Evidence of Accused Who Testify in Their Own Defense in Civil, Common Law, and International Criminal Law System Matthew N. McConnell 2003
TRIAL OF “THE BUTARE FOUR” IN BELGIUM JESSICA A. HARRAH 2003
REASONED JUDGMENTS REQUIREMENT IN INTERNATIONAL CRIMINAL LAW HEATHER M. KERN 2003
RESPONSIBILITY OF MILITARY COMMANDERS TO PROTECT CIVILIANS FROM ATTACKS BY OTHER CIVILIANS AND THE STATE WITHIN COMMANDER’S AREA OF CONTROL V. JUSTIN ARPEY 2003
A COMPARATIVE STUDY OF EXCLUSION OF EVIDENCE ON THE GROUNDS OF THE MEANS BY WHICH IT WAS OBTAINED BRIAN BELLER 2003
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 2003
THE RELEVANCE OF THE EICHMANN, BARBIE, AND FINTA TRIALS FOR THE ICTR Requel Cross 2003
A COMPARATIVE ANALYSIS OF THE MENS REA REQUIREMENT FOR COMPLICITY AS APPLIED IN THE INTERNATIONAL TRIBUNALS AND THE COMMON-LAW JURISDICTIONS OF THE UNITED STATES, ENGLAND & AUSTRALIA John W. Gold 2003
THE ROLE OF THE PROSECUTOR AND THE JUDGE ROBERT TIBBITTS 2003
THE TU QUOQUE DEFENSE STEPHANIE BERLIN 2002
Electronic Monitoring of Pretrial Detainees of the International Criminal Tribunal For Rwanda James Bergeron 2002
A Comparative Assessment of the Alibi Rule Anouk Danan 2002
Transfer and Provisional Detention of Suspects - Are the powers of the Prosecutor under Rule 40bis too great? Dennis Febles 2002
Can Genocide Be Judicially Noticed? Michael A. LaVertu 2002
Can Additional Protocols I & II Apply to the Same Conflict and to Different Parties within That Conflict? Ratna Kancherla 2002
Sentencing: An Assessment of Rule 101 of the ICTR Rules of Procedure and Evidence Dora Kripapuri 2002
Whether There is a Duty to Take an Accused as an Political Refugee, if Asylum is Based on Fear of Persecution Robert K. McAndrews 2002
A Comparative Study of the Requirements for Production of Documentary Evidence and its Probative Value Peter Szechenyi 2002
Can the Prosecutor Amend an Indictment After Trial Has Begun? Emily Tarr 2002
Comtempt Proceedings: Who Has the Onus for Investigating and Initiating the Charges of Comtempt-the Prosecutor, the Judge or a Third Party? Jennifer M. Wetmore 2002
State Cooperation to secure the presence of Defendants before the Tribunal Reinhardt, Alexander 2002
Evidence of Good Character and Reputation Lisa M. Renzi 2002
A Comparative Analysis of the Alibi Rule Scott Neimisto 2002
What are permissible questions a prosecutor may ask when the prosecutor is not in possession of documentary evidence with which to impeach a witness. I. Luis Trujillo 2002
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 2002
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 2002
The Extent of the Prosecutor’s Duty to Disclose Evidence in the Charge of Genocide. Uma Arunachalam 2002
COURTROOM TECHNOLOGY: A Comparative Analysis of its Application, Due Process and Public Policy Issues for Victims and the Accused Judith L. D’Ambrosio 2002
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 2002
What are permissible questions a prosecutor may ask when the prosecutor is not in possession of documentary evidence with which to impeach a witness Luis R. Trujillo 2002
Plea Bargaining: What is It, Which Countries Allow It, and Does is It a Mitigating Factor During Sentencing: A Comparative Analysis of the Tribunals, Four Common Law Jurisdictions, and Three Civil Law Jurisdictions Erin J. Davies 2002
Witness protection Sarah Suscinski 2002
MATERIAL FACTS NOT PLEADED IN THE INDICTMENT JESSICA A. LEVENBERG 2002
SURRENDER OF INDICTEES AND NON-INDICTED CRIMINALS FROM THE UNITED STATES TO THE ICTR CHRISTOPHER M. RASSI 2002
DEFINING WHO IS A SUBORDINATE, UNDER THE INTERNATIONAL DOCTRINE OF COMMAND RESPONSIBILITY. Mona H Savastano 2001
PROVING THE NEXUS BETWEEN A CRIMINAL DEFENDANT AND THE CRIMINAL CONDUCT OF SUBORDINATES AND ASSOCIATES IN WAR CRIMES CHARGES PURSUANT TO ARTICLE 4 OF THE ICTR Richard Davies 2001
JUDICIAL NOTICE Marea Beeman 2001
EXERCISE OF UNIVERSAL JURISDICTION BY BELGIUM OVER ICTR TARGETS Julia J. Carabillo 2001
GENOCIDE AND COMPLICITY INGENOCIDE – CAN OR MUST THEY BECHARGED IN THE ALTERNATIVE? Laurent A. Rotroff 2001
IS EVIDENCE OF RAPE RELEVANT AND THEREFORE ADMISSIBLE WHERE GENOCIDE, BUT NOT CRIMES AGAINST HUMANITY (RAPE), HAS BEEN CHARGED IN AN INDICTMENT? Kathleen Cavanaugh 2001
EXPERT WITNESSES Kimberly M. Miles 2001
UNDUE DELAY Kelly M. Before 2001
Balancing of the rights of the accused against the rights of a witness in regard to anonymous testimony Anna M. Haughton 2001
The Concept of Withdrawal from a Conspiracy Tammy Lopez 2001
Compensation of Victims Unnamed in Indictment Melanie K. Corrin 2001
The decision by the Appeals Chamber in Jelisić not to remit the case for trial after reversing a mid-trial acquittal Gregory P. Lombardi 2001
The degree of corroboration required for a witness’ testimony to be considered credible by the Trial Chamber. Patricia Wedding 2001
SURRENDER OF ACCUSED BY DOMESTIC STATES TO THE ICTR Agnes Escurel 2001
WHEN, IF EVER, WILL AN ILLEGAL ARREST RESULT IN THE DISMISSAL OF THE CHARGES AND; IF AN ILLEGAL ARREST DOES NOT RESULT IN A DISMISSAL OF THE CHARGES, WHAT, IF ANY, REMEDIES WILL EXIST FOR AN ILLEGAL ARREST? [html format] Benjamin Snyder 2000
SUPERIOR RESPONSIBILITY [html format] Loik Henderson 2000
CAN CIVILIANS BE HELD CRIMINALLY RESPONSIBLE FOR VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW IN A NON-INTERNATIONAL CONFLICT? [html format] Kelly Baldwin 2000
WHEN DOES THE CRIME OF ATTEMPTED GENOCIDE BEGIN AND WHEN DOES THE CRIME OF ATTEMPTED GENOCIDE BECOME GENOCIDE? [html format] Kevin Ochalla 2000
Guilty Plea as a Mitigating Factor in Sentencing [html format] Dennis Ratliff 2000
IMPUTING THE INTENT OF A SUPERIOR TO A SUBORDINATE April Yates 2000
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 2000
THE CONCEPT OF FREEDOM OF EXPRESSION IN PROSECUTIONS FOR CRIMES BASED ON EXPRESSIVE ACTS Anna Pohl 2000
STANDARD OF COMPETENCE FOR ATTORNEYSWHO REPRESENT DEFENDANTS BEFORE THE INTERNATIONAL CRIMINAL TRIBUNALFOR RWANDA Melanie Popper 2000
PRECEDENT AND THE DECISIONS OF THE INTERNATIONAL CRIMINAL TRIBUNALS Karyn Franzek 2000
WHAT ARE THE ELEMENTS NECESSARY TO PROVE BY CIRCUMSTANTIAL EVIDENCE THE DEATH OF A PARTICULAR PERSON Ann E. Cascanett 2000
ICTR: Legal conditions of subordination in criminal law. Requirements to be a subordinate to another person as a superior. Tara Conklin, Karam Singh, & Cora True-Frost 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 2000
ON WHAT GROUNDS DOES A DEFENDANT HAVE THE RIGHT TO SUBSTITUTE COUNSEL? Lesly J. Michelot II 2000
A Survey of the Domestic Jurisdictions Influencing the Rwanda War Crimes Trials: A Comparative Analysis of French, British, American and Canadian Legal Sources Robyn Wood 1999
Law of Evidence: Does it Effect the Admissibility of Conspirator A's Statement Against Conspirator B if: 1. A is Charged in The Same indictment with B; 2. A is Charged in a Different Indictment with B; 3. A is Not Charged at All; 4. Neither A nor B is.. Raymond J. Wauford 1999
A Comparative Analysis of Two Criminal Procedure Regimes: Prosecuting Genocide at the ICTR in Rwanda and Murder in the United States Walter Tenney 1999
Sexual Violence as Genocide Val Tejera 1999
Complicity in Genocide as an Alternative Count to Genocide Robert T. Sheets 1999
A Comparative Analysis of National and International Legislation and Jurisprudence Regarding the Use of Deposition Evidence at Trial Maryellen Ryan 1999
Do the Hutus and Tutsis Qualify as "Ethnic" Groups Under the Terms of the Statute of International Criminal Tribunal for Rwanda and the Convention for the Prevention and Punishment of the Crime of Genocide, Given the Magnitudes of Intermarriage Between Eric Pelofsky, David Kassenbaum,, Thien-Ky Luu 1999
Criminal Prosecution Under the Statute of the International Criminal Tribunal for Rwanda of Public Officials Walter S. Murray 1999
The Emergence of Gender and Rape as Elements of War Crimes Smitha Koppuzha 1999
The Limits of Law and Challenges of Political Expediency in War Crimes Trials: The Evolution of the ICTR Vis-Avis the Abandonment of Cambodian War Crimes Trials Kreg Espinola 1999
Legal Factors and Restrictions Involved in Assessing Consecutive Sentences for Multiple Convictions (as Per Rule 101(c)) Rommel Daniel 1999
Establishing the Ethnic Origin of Genocide Victims: The Akayesu Judgment in Point Paul Cohen 1999
Law of Evidence: What are the Legal Prerequisites for Introducing the Statements of a Member of a Conspiracy (Conspirator A) as Evidence Against a Co-Conspirator (Conspirator B)
Donald Casale 1999
Problems and Solutions While Prosecuting Multiple Defendants Under the Present Rules of Procedure and Evidence for Joint Trials John Carey 1999
Defence of Superior Orders- A Legal Review of Article 6(4) of the ICTR Statute Kellie Bright 1999
Individual Criminal Responsibility of Civilians Violating Common Article 3 to the Geneva Convention Jeffrey Azia 1999
SENTENCING PROCEDURE OF CLEMENT KAYISHEMA AND OBED RUZINDANA UNDER THE STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA FOR GENOCIDE AND CRIMES AGAINST HUMANITY [html format] Scott Owens 1999
ADMISSIBILITY OF STATEMENT OF A WITNESS WHO DIES OR CANNOT BE FOUND FOR TRIAL [html format] Francis Kadiri 1999
AN ANALYSIS OF THE KAYISHEMA AND RUZINDANA JUDGMENT IN LIGHT OF EARLIER JURISPRUDENCE OF THE ICTR AND ICTY [html format] Mary Snyder 1999
PLEA BARGAINING UNDER THE RWANDAN STATUTE [html format] Sohan Desai 1999
WHAT CONSTITUTES THE ACTUAL INTENT REQUIREMENT [html format] Katerina Mills 1999
The Defenses of Duress and Necessity in International Law Robert Morrill 1998
What is the Legal Framework for and Basis for Bringing a Charge Related to Propaganda Under the Rwanda and Yugoslavia Tribunals' Statute? Dawne King 1998
Competence to Stand Trial Ivana Jacobs 1998
Comparison of the Guilty Plea Process of the International Criminal Tribunal for the Former Yugoslavia and the Courts of the United States of America Julie Fowler 1998
Joinder of Offenses and Joinder of Defendants in Light of Relevant United States, British and Canadian Precedent Andrea Varney 1998
Procedural Issues of Joinder and Severance Hoda Soliman 1998
The International Criminal Tribunal for Rwanda: the General Principles of the Rules of Evidence and Procedure Michael N. Rubin 1998
Use of Anonymous Witnesses Scott Powers 1998
Analysis of the First Judgment of the ICTR in Light of International Criminal Law as Applied by ICTY and its Predecessors Erin McBee 1998
On the Basis of National Legislation and case law as well as International Practice What Types of Accessory Participation, in the Sense of an Overt Act in Furtherance of a Conspiratorial Object, Attract Liability for the Crime of Conspiracy to Commit Genocide Tyler Letey 1998
What are Under International Law the Elements of the Crime Against Humanity of Extermination? Christopher Lee 1998
Asylum or Refugee Status to Witnesses of the Tribunal Philip Ingeneri 1998
Form of Indictments in International Criminal Law Jerry G. Hanley 1998
A Comprehensive Analysis of the Current Status of International Law in Relation to Grounds for Mitigation of Sentence Robert L. Gould 1998
Limitations to the Introduction of Evidence Which Relates to Events Prior to the Jurisdiction of the International Criminal Tribunal for Rwanda Elizabeth A. Goss 1997
Criminal Responsibility Under the Statute of the ICTR for Acts Committed Before 1 January 1994 Patrick Fong 1997
The Privileges and Immunities of the Rwanda Tribunal Relating to Liability Gregory J. Donovan 1997
The Doctrine of Command Responsibility Tony Donegan 1997
Relationship Between Article 2(3) and Article 6(1) Jon-Eric Dentz 1997
What is the Scope of Complicity as referred to in Art. 4(3)(e) of the JCTY Statute, and what is the relationship between Art. 7 (individual criminal responsibility) and Art. 4? Christopher Coleman 1997
A Comparative Study of the Rules Relating to Joinder of Crimes and Accused Deanna Campbell 1997
Can a Civilian "Superior" Be Held Criminally Responsible for the Action of Their Subordinates Scott Starr 1997
Article 4 of the Statute of the ICTR and the Principle of Nulla Peona Sine Lege Craig Silverman 1997
Article 4 of the Statute of ICTR and the Principle of Nulla Poena Sine Lege Thomas D. Seymour 1997
Crimes Against Humanity: Connection to War Patrick Ruiz 1997
Means to Compel Witnesses to Testify Before the Tribunal Charlotte Manning 1997
The Power of the International Criminal Tribunal for Rwanda to Issue and Enforce Subpoenae to States, State Officials, Individuals, and International Organizations, and the Power to Review State Documents for National Security Concerns, and the Power Jon Lindeman 1997
When, If Ever, A Single Act Can Constitute A Crime Against Humanity Diane Johnson 1997
International Comparative Study of Bail for Serious Crimes Ed Hart 1997
What are the Criteria for Trials in Absentia in Civil Law Systems? Timothy T. Tucker 1996
The Use of Expert Witnesses in Civil and Common Law Jurisdictions Sean P. Downing 1996
Does an Act of Impeding Humanitarian Aid Shipments to Non-Combative Civilians Constitute a Violation of the Law and Customs of War? Nick Corontzes 1996
The Dictates of Public Conscience: The ICJ Nuclear Weapons Decision and the Scope of Customary International Law Barbara Andrade 1996