1. 1 Virginia Morris & Michael P. Scharf, The International Criminal Tribunal for Rwanda 93 (1998). (Hereinafter Morris & Scharf). [reproduced at Tab A]

2. 1 Morris & Scharf at 93, citing Nuremberg Judgement at 52. [reproduced at Tab A]

3. 1 Morris and Scharf, 57 [reproduced at Tab A]

4. 1 Morris and Scharf, 57. [reproduced at Tab A]

5. 1 Morris & Scharf, 58.[reproduced at Tab A]

6. Payam Akhavan, The International Criminal Tribunal for Rwanda: The Politics and Pragmatics of Punishment, 90 A.J.I.L. 501, 504 (1996). [reproduced at Tab B]

7. Id. at 504. [reproduced at Tab B]

8. Id. at 504. [reproduced at Tab B]

9. Id at 504,505. [reproduced at Tab B]

10. Id. at 505. [reproduced at Tab B]

11. Id. at 505. [reproduced at Tab B]

12. Id. at 506. [reproduced at Tab B]

13. Id. at 506, The government suggested that "the establishment of so ineffective an international tribunal would only appease the conscience of the international community rather than respond to the expectations of the Rwandese people and of the victims of genocide in particular." [reproduced at Tab B]

14. Id. at 507, 508. [reproduced at Tab B]

15. Rwanda: Accountability for War Crimes and Genocide. www.usrp.org/oc/sr/rwanda1.html at 7,8. [reproduced at Tab C]

16. Id. at 8. Furthermore, there are so many defendants involved that it is more practical to prosecute in both courts and just decide which defendants will be prosecuted in each of those courts. This was made more manageable by the Rwandan government who broke down the defendants into 3 tiers: "1) the central core- the group who planned and organized the genocide and this would also include the leadership of Radio de Milles Collines; 2) local leaders who were able to personally order local killings including municipal officials and administrative authorities and 3) all those who have killed including those that were forced to kill." 8,9. [reproduced at Tab C]

17. ICTR Statute, Article 6: Individual Criminal Responsibility [reproduced at Tab D]

18. 1 Virginia Morris & Michael P. Scharf, The International Criminal Tribunal for Rwanda 243 (1998). (hereinafter Morris & Scharf) [reproduced at Tab A]

19. 1 Morris & Scharf, 243. [reproduced at Tab A]

20. 1 Morris & Scharf, 243. [reproduced at Tab A]

21. 1 Morris & Scharf, 244. [reproduced at Tab A]

22. 1 Morris & Scharf, 58. Citing African Rights, Rwanda: Detail, Despair and Defiance xx (rev. ed. 1995). [reproduced at Tab A]

23. The Prosecutor v. Jean-Paul Akayesu, 1998 ICTR-96-4-I. (Hereinafter Akayesu Judgement). [reproduced at Tab E]

24. International Criminal Tribunal for Rwanda Article 3: Crimes against Humanity

The International Tribunal for Rwanda shall have the power to prosecute persons responsible for the following crimes when committed as part of a widespread or systematic attack against any civilian population on national, political, ethnic, racial or religious grounds:

Murder;

Extermination;

Enslavement;

Deportation;

Imprisonment;

Torture;

Rape;

Persecutions on political, racial, and religious grounds;

Other Human acts. [reproduced at Tab D]

25. Akayesu Judgement [reproduced at Tab E]

26. Akayesu Judgement [reproduced at Tab E]

27. Akayesu Judgement [reproduced at Tab E]

28. Akayesu Judgement [reproduced at Tab E]

29. Virginia Morris & Michael P. Scharf, The International Criminal Tribunal for the Former Yugoslavia 89 (1995). Citing the Nuremberg Judgment, at 53. [reproduced at Tab F] And Theodor Meron, International Criminalization of internal atrocities 89 A.J.I.L. 554,562 (1995) citing Trial of the Major War Criminals before the International Military Tribunal, Nuremberg, 14 November 1945-1 October 1946, 1 Official Documents 223 (1947). [reproduced at Tab J]

30. Id. at 93 citing Nuremberg Judgment, at 52. [reproduced at Tab F]

31. Matthew Lippman, War crimes Trials of German Industrialists: the "other Schindlers." 9 Temple International and Comparative Law Journal 173, 181 1995. [reproduced at Tab G]

32. Matthew Lippman, War crimes Trials of German Industrialists: the "other Schindlers." 9 Temple International and Comparative Law Journal 173, 181 1995, citing Control Council No. 10, in IV Trials of War Criminals Before Nuremberg Military Tribunals Under Control Council Law No. 10 at XVIII (1952). The Nuremberg Charter was made an integral component of Control Law No. 10. Article II(1) recognized the following acts as crimes:

Crimes against Peace. Initiation of invasions of other countries and wars of aggression violation of international laws and treaties, including but not limited to planning, preparation, initiation or waging a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing.

War Crimes. Atrocities or offenses against persons or property constituting violations of the laws or customs of war, including but not limited to, murder, ill treatment or deportation to slave labor or for any other purpose, of civilian population from occupied territory, murder or ill treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private, wanton destruction of cities, towns or villages, or devastation not justified by military necessity.

Crimes against Humanity. Atrocities and offenses, including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, rape, or other inhumane acts committed against any civilian population, or persecutions on political, racial or religious grounds whether or not in violation of the domestic laws of the country where perpetrated.

Membership in categories of a criminal group or organization declared criminal by the International Military Tribunal. [reproduced at Tab G]

33. Id. At 182 citing The Zyklon B Case, 1 Law Reports of Trials of War Criminals 93, 94 (Brit. Mil. Ct., Hamburg, Germany, 1946). [reproduced at Tab G]

34. Id. At 182. [reproduced at Tab G ]

35. Virginia Morris & Michael Scharf, International Criminal Tribunal of Rwanda, 52 . [Reproduced at Tab A].

36. Statute of the International Criminal Tribunal of Rwanda, Article 6: Individual Criminal Responsibility. [reproduced at Tab D]

37. Matthew Lippman, War crimes Trials of German Industrialists: the "other Schindlers." 9 Temple International and Comparative Law Journal 173, 183 1995. [reproduced at Tab G]

38. Id. The Control Council Law No. 10 declared slave labor a War Crime. Flick at first thought that all these workers came voluntarily, but soon realized that such a large number of people could not have come to work voluntarily. [reproduced at Tab G]

39. Id. The Control Council Law No. 10 declared spoliation as a War Crime. [reproduced at Tab G]

40. Id. Opening Statement for the Prosecution, in the Flick case. [reproduced at Tab G ]

41. Id. at 200. [reproduced at Tab G ]

42. Id. at 200. [reproduced at Tab G]

43. See Geneva Conventions common Article 3. [reproduced at Tab H]

44. See Protocol II to the Geneva Conventions. [reproduced at Tab H]

45. 1 Virginia Morris and Michael P. Scharf, The International Criminal Tribunal for the Former Yugoslavia 936. Citing S. C. Res. 955. The resolution incorporated Article 4 of International Criminal Tribunal of Rwanda's statute. [reproduced at Tab F]

46. Theodor Meron, War Crimes Law Comes of Age, 92 A.J.I.L. 462, 464 (1998) [reproduced at Tab I]