Course Syllabus

Contents

• I. Course Description
• II. Course Goals
• III. Office Hours, Telephone Numbers, E-Mail, Textbooks, and the Ubiquitous Website
• IV. Course Requirements
• V. Attendance
• VI. Late Papers and Plagiarism
• VII. Class Outline
  • Class 1 - Introduction to the Course
  • Class 2 - The Role of International Tribunals in the International Legal System
  • Class 3 - International Law in Municipal Legal Systems
  • Class 4 - Dispute Resolution in the Russo-Georgian War
  • Class 5 - International Court of Justice and Its Predecessors
  • Class 6 - Regional & Specialized Courts in the International Legal System
  • Class 7 - Human Rights and International Courts
  • Class 8 - International Criminal Tribunals, Part I
  • Class 9 - International Criminal Tribunals, Part II
  • Class 10 - Adjudicatory Dispute Resolution Mechanisms in the International Legal System
  • Class 11 - The Challenge of Terrorism, Non-State Actors, and Rogue States, and Seminar Conclusion
  • Classes 12, 13, & 14 - Class Presentations
• VIII. Supplemental Readings

I. Course Description

Introduction to the practice of international courts and arbitral tribunals and their role in the development of international law. Offered in a seminar format using lectures, case-studies, and class exercises as teaching methods, the course will outline the evolution and structure of international tribunals, examine the development of international legal principles by international tribunals with reference to "sources" methodology, and discuss issues concerning the effectiveness and future role of international courts in the development of international law.

II. Course Goals

1. Introduce students to the historical evolution, structure, and function of international tribunals within the international legal system.

2. Reinforce students' conceptual understanding of the sources of international law and their inter-relationships.

3. Examine selected international legal issues and modes of legal argumentation using class exercises simulating international judicial dispute resolution.

4. Outline issues concerning the effectiveness of international tribunals as dispute resolution mechanisms and their future.

III. Office Hours, Telephone Numbers, E-Mail, Textbooks, and the Ubiquitous Website

John's office is in Room 115 (inside the Law Library). His office hours are Monday through Friday, 10:00 a.m. to 5:00 p.m. John will also be available for a short time after class, and by special appointment. John's office telephone is 202-274-4329, and his home telephone is 301-445-7488. He has children who go to bed early, so please be considerate. His email address is: heywood@american.edu

Chris works downtown for the Institute of Electrical and Electronics Engineers (2001 L Street, N.W., Suite 700) He will be available after class, and you can telephone to make arrangements to meet with him in his office. Chris's office telephone is 202-530-8349, and his home telephone is 301-439-7729. His email address is: c.brantley@ieee.org

Like everything these days, we have a website:

http://internationalcourts.net/courts2011

Some of the course content will also be on MyWCl.

We have adopted three textbooks for the Seminar. The required reading for this class will come from these three books and also from materials on our website. In addition, we will post additional materials, reference sources, and other useful items of interest to the class. We have also listed two books as recommended reading.

The three required textbooks are:

• Merrills, J.G. International Dispute Settlement, 5th ed. New York: Cambridge University Press, 2011.

• Schabas, William A. An Introduction to the International Criminal Court, 4th ed. New York: Cambridge University Press, 2011.

• Volcansek, Mary L., and John F. Stack, Jr, eds. Courts Crossing Borders: Blurring the Lines of Sovereignty. Durham: Carolina Academic Press, 2005.

The two recommended books are:

• Janis, Mark W. International Law, 5th ed. New York: Aspen Law & Business, 2008. This book will be especially useful to those students who do not have a background in international law.

• Volokh, Eugene. Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review, 4th ed.. New York: Foundation Press, 2010. This book is a very good introduction to the wonderful world of writing academic legal papers, both for seminars or for publication.

These books are available in the campus bookstore or the web. Remember, the web can often get you better prices than the bookstore, so it pays to check around. At least one copy of Merrills, Schabas, and Volcansek, and many copies of Janis and Volokh, will also be placed on 2-hour Reserve in the Law Library. The additional materials are available only on the website, and are thus free-of-charge. For copyright reasons, the materials portion of the website is password-protected. Your username and password are on the Seminar's my.WCL page, and will be given to you in class as well.

You are required to check your email regularly for this class. We will pose discussion questions, post important announcements (which will also be posted on the website), and answer your questions related to the course or any of its topics. Participation online will count toward your class participation grade.

IV. Course Requirements

70 % Scholarly Paper: (30+ pages, exclusive of notes, double-spaced with one inch margins) based on a topic relating to the role of an international tribunal(s) in the development of international law. A written topic proposal must be presented for approval by 6 September 2011. A research plan is due in class on 20 September 2011. An outline is due in class on 4 October 2011. A rough draft is due in class on 25 October 2011. The paper will satisfy the W.C.L. Upper Level Writing Requirement.

The rough draft will be exchanged with a fellow student for peer evaluation and suggestions.

For the final draft, you must submit one electronic copy (no paper copies!) to John's email address, heywood@american.edu. The final paper is due on 17 December 2011. Any paper that receives the grade of A or A- will be placed on the International Courts website permanently (not password protected), unless you request otherwise.

The paper must be submitted in a word processing format, such as OpenDocument (LibreOffice & OpenOffice are two word processors that save in this format), Microsoft Word, or WordPerfect. Please do not submit it in an image format (jpg, tiff, etc.) or in PDF format, as we cannot make comments on them. If you have any questions about the appropriateness of your format choice, please ask us.

Failure to submit a topic proposal, a research plan, an outline, or a rough draft on time will adversely effect your grade for the paper, We will lower your final paper grade by a partial letter grade for any of these requirements for which we feel you have not made a good-faith effort.

20 % Class Presentation: An informal short topic presentation to the class early in the semester and a 20 minute major class presentation on paper topic at the end of the semester. The grade will be based on the following factors: preparation, organization, grasp of topic, effective use of time, and responsiveness to questions.

10 % Class Participation: evaluation of attendance, preparation for and participation in assigned discussions, preparation for and participation in class room discussion, and participation in the online discussion. Approximately 30 minutes of each class (except the ones reserved for class presentations) will be spent discussing specific current issues and events from an international law and international dispute resolution perspective. Students will be assigned topics at least one week in advance to research. The assigned students will serve as discussion leaders for the class on their topics. These presentations will be evaluated as part of the overall class participation grade.

V. Attendance

All students are expected to attend and participate in classes. More than three unexcused absences will result in entry of a failing grade for the course.

VI. Late Papers and Plagiarism

VI. Late papers and Plagiarism

Late Papers

Papers are due in John Heywood's email account (heywood@american.edu) no later than 5:00 p.m. on Saturday, 17 December 2011. If you are graduating this December, you MUST get your paper in by this date in order to graduate (and earlier would be even better). We need time to read and evaluate your work before assigning a grade. If you miss this deadline, we may not be able to turn your grade in to the Registrar in time for you to graduate.

Papers turned in after this date and time without a previously approved extension will be penalized one parital letter grade for every day after the due date. A partial letter grade is the step between any of the following grades: A, A-, B+, B, B-, C+, C, D, F. The day ends at 5:00 p.m.

Example: A paper is turned in at 5:45 p.m. on Monday, 19 December 2011, without a pre-approved extension. If the paper had been turned in on time, it would have received a B+. The paper was effectively handed in on Tuesday, 20 December 2011, and is thus 3 days late. It receives the grade of C+.

Short extensions for worthy causes, such as computer failure, family emergency, my dog ate my disk/paper, etc., will be granted with no penalty if you apply for it before the time the paper is due. (i.e., If you are printing out your paper 10 minutes before 5:00 p.m. on the seventeenth of December and your computer dies, call us immediately.) These extensions will be very short in duration; no more than a day or two.

Plagiarism and Related Problems

Everyone knows that plagiarism is wrong, but not everyone is clear exactly what plagiarism is. It is more than just copying the work of another without attribution. For your edification and delight, we have listed the various forms of plagiarism in descending order of gravity, from classic absolute plagiarism to that closer to the grey area between plagiarism and sloppy scholarship. All of them should be avoided. Non-de minimus plagiarism will be punished. It will result in zero points for the paper, and thus an F for the course. The case will also be turned over to the Office of Student Affairs for prosecution under the W.C.L. Honor Code.

VII. Class Outline

International Courts is a very dynamic field these days; as a result, we reserve the right to change the readings and the topics covered as the seminar progresses. To give everyone a fair chance to do the reading, we will freeze the assignments for a particular class one week before that class.

Please note that the readings may change from what is listed in the syllabus at any time up to one week before the indicated class.

Class 1 - Introduction to Course
23 August 2011

• Discussion Topics:
  1. Administrative Matters
  2. Is International Law Really Law?
  3. Introduction to Course Themes
  4. Peaceful Means of Dispute Resolution Overview
  5. Current Events
• Reading Assignment:

  1. None.

• Recommended Readings (optional):

  1. For those who do not have a background in International Law, or who wish to refresh their knowledge: Janis, Chapters 1 - 3.

Class 2 - The Role of International Tribunals in the International Legal System
30 August 2011

• Discussion Topics:
  1. Sources of Law Applied by International Courts
  2. Role of the International Law Commission
  3. The "Progressive" Development of International Law
  4. Evolution of Modern "Instant" Customary Law
  5. Incident Theory
  6. Dispute Resolution in the U.N. System
• Seminar Work:
  • Topic Selection Help
• Reading Assignment:
  1. Volcansek, Chapters 1 & 2.
  2. Statute of the International Court of Justice (Art. 38).
  3. Franck, The Power of Legitimacy and the Legitimacy of Power: International Law in an Age of Power Disequilibrium 100 Am. J. Int'l L. 88 (2006).
• Recommended Readings (optional):
  1. Petersmann, Constitutionalism and International Adjudication: How to Constitutionalize the U.N. Dispute Settlement System? 31 N.Y.U. J. Int'l L. & Pol. 753 (1998-99).
  2. Raustiala, Refining the Limits of International Law 34 Ga. J. Int'l & Comp. L. 423 (2006).

Class 3 - International Law in Municipal Legal Systems
6 September 2011

• Discussion Topics:
  1. Role of International Law in Municipal Legal Systems
  2. Problems of Judicial Abstention & Preparation
  3. Domestic Effect of International Judgments in Municipal Systems
• Seminar Work:
  • Topic Proposals Discussion (Topic Proposals are due in class)
• Reading Assignment:
  1. The Paqueta Habana(1900).
  2. Falk, Domestic Courts and World Legal Order: A Statement of Purpose and Outlook.
  3. Norman Dorsen, A conversation between U.S. Supreme Court justices: The relevance of foreign legal materials in U.S. constitutional cases: A conversation between Justice Antonin Scalia and Justice Stephen Breyer, 3 Int'l J. Const. L. 519-541 (2005).
  4. Robert Greffenius, Selling Medellin: The Entourage of Litigation Surrounding the Vienna Convention on Consular Relations and the Weight of International Court of Justice Opinions in the Domestic Sphere, 23 Am. U. Int'l L. Rev. 943 (2008).
• Recommended Readings (optional):
  1. Bradley & Goldsmith, Customary International Law as Federal Common Law: A Critique of the Modern Position, 110 Harv. L. Rev. 815 (1997).
  2. Koh, Is International Law Really State Law? 111 Harv. L. Rev. 1824 (1998).
  3. Ernest A. Young, Sosa and the Retail Incorporation of International Law, 120 Harv. L. Rev. Forum 28 (2007).

Class 4 - Dispute Resolution in the Russo-Georgia War
13 September 2011

• Discussion Topics:
  1. Which DRM(s) is/are appropriate?
  2. What are the rights of secessionary states?
  3. State or Individual Liability?
• Seminar Work:
  • What is a research plan and how do I make one?
  • How to Research International Law
    1. The Research Plan
    2. International law sources
    3. Foreign law sources
  • In-Class Exercise: Dispute Resolution and the Russo-Georgian War
  • Library Tour
• Reading Assignment:
  1. Materials for the in-class exercise.
  2. Merrills, Chapters 1 through 5.

Class 5 - International Court of Justice and Its Predecessors
20 September 2011

• Discussion Topics:
  1. The PCA, PCIJ, and other Historical Acronyms
  2. Introduction to the ICJ
  3. Structure of the ICJ
  4. Procedure in the ICJ: Getting There
  5. Procedure in the ICJ: What You Do Once You Are There
  6. Chambers Procedures in the ICJ
  7. Jurisdiction of the ICJ
     1. Contentious Jurisdiction: Compromis, Compromissory Clause, or Compulsory
     2. Advisory Jurisdiction
     3. Equitable Jurisdiction
     4. Justiciability and the Suitability of So-Called Political Cases for Judicial Resolution
  8. Enforcement
  9. Problems of Non-Appearance, Non-Participation, and Non-Performance in the ICJ
  10. Role of the ICJ in the UN System
  11. Assessment of the ICJ: How well is it working? How can it improve?
• Seminar Work:
  • Research plans are due in class
  • Writing the Seminar Paper: How to do it and what we expect.
• Reading Assignment:
  1. Merrills, Chapters 6 & 7.
  2. United Nations Charter (Art. 7, 36, 92 - 96).
  3. Statute of the International Court of Justice (Art. 2 - 38).
  4. Corfu Channel Case (Merits), selected portions.

Class 6 - Regional & Specialized Courts in the International Legal System
27 September 2011

• Discussion Topics:
  1. The State vs. the Individual: Regional Courts and the Rise of the Individual
  2. European Court of Justice & Court of First Instance
     1. Structure of the ECJ/CFI
     2. Jurisdiction of the ECJ/CFI
     3. Procedure in the ECJ/CFI
  3. Other Regional Non-Human Rights Courts
     1. Court of Justice of the African Union
     2. EFTA: European Free Trade Area Court
     3. Benelux Economic Union Court of Justice
     4. TJAC: Court of Justice for the Andean Community
     5. CACJ: Central American Court of Justice
     6. COMESA: Court of Justice of the Common Market for Eastern and Southern Africa
     7. OHADA: Common Court of Justice and Arbitration of the Organization for the Harmonization of Corporate Law in Africa
     8. Economic Court of the Commonwealth of Independent States
  4. Concept of Regional/Local Norms
  5. Regional Norms and the Respective Roles of International and Regional Tribunals
• Seminar Work:
  • In-Class Exercise: The EuroZone Crisis, Sovereignty, and European Integration
  • Status of Research and Writing
• Reading Assignment:
  1. Materials for the in-class exercise.
  2. Volcansek, Chapters 4, 5, & 8.
  3. Merrills, Chapters 11 & 9.
• Recommended Readings (optional):
  1. Schulz, The political foundations of decision making by the European Court of Justice, 99 Proc. Am. Soc'y Int'l L. 132-135 (2005).
  2. Rieder, Protecting human rights within the European Union: who is better qualified to do the job - the European Court of Justice or the European Court of Human Rights, 20 Tul. Eur. & Civ. L.F. 73-107.(2005).

Class 7 - Human Rights and International Courts
4 October 2011

• Discussion Topics:
  1. European Human Rights System
     1. Structure of the ECHR
     2. Jurisdiction of the ECHR
     3. Procedure in the ECHR
  2. Inter-American Human Rights System
     1. Structure of the IAHRS
     2. Jurisdiction of the IACmHR & IACtHR
     3. Procedure in the IAHRS
  3. The Emerging African Human Rights System and the African Court of Human and Peoples' Rights
     1. What's in a name
     2. Structure of the ACHPR
     3. Jurisdiction of the ACHPR
     4. Procedure in the ACHPR
• Seminar Work:
  • Outlines are due in class
• Reading Assignment:
  1. Volcansek, Chapters 6 & 7.
  2. James W. Hart, The European Human Rights System 102 L. Libr. J. 533 (2010)
  3. Udombana, An African human rights court and an African union court: a needful duality or a needless duplication? 28 Brooklyn J. Int'l L. 811 (2003).

Class 8 - International Criminal Tribunals, Part I
11 October 2011

• Discussion Topics:
  1. History of International Criminal Law
     1. Ad Hoc National Trials: Medieval Times, US Civil War, Philippine Insurection, & Boer War
     2. World War I and the first "international" criminal court
     3. World War II: The International Military Tribunal (Nüremberg) & the International Military Tribunal for the Far East (Tokyo).
     4. International Criminal Tribunal for Yugoslavia
     5. International Criminal Tribunal for Rwanda
     6. Hybrid Courts
     7. International Criminal Court
  2. Structure
     1. The International Military Tribunal (Nüremberg) & the International Military Tribunal for the Far East (Tokyo).
     2. International Criminal Tribunal for Yugoslavia
     3. International Criminal Tribunal for Rwanda
     4. Hybrid Courts
     5. International Criminal Court
  3. Principles of Criminal Law
     1. Crimes covered & sources of law
        1. Genocide
        2. Crimes Against Humanity
        3. War Crimes
        4. Other Crimes
     2. Substantive Criminal Law
        1. Individual Criminal Responsibility
        2. Superior Responsibility
        3. Joint Criminal Enterprise
        4. Defenses
• Seminar Work:
  • Status of Research and Writing
• Reading Assignment:
  1. Schabas, Chapters 1 & 2 [History].
  2. Schabas, Chapter 11 [Structure].
  3. Schabas, Chapter 6 [Criminal Law].
• Recommended Readings (optional):
  1. Laternser, Looking Back at the Nuremberg Trials with Special Consideration of the Processes Against Military Leaders, 8 Whittier L. Rev. 557-80 (1986).

Class 9 - International Criminal Tribunals, Part II
18 October 2011

• Discussion Topics:
  1. Jurisdiction and Admissibility (IMT, IMTFE, ICTY, ICTR, ICC, Hybrids)
     1. ratione materiæ
     2. ratione temporis
     3. ratione loci
     4. ratione personæ
     5. Jurisdictional Conflicts
     6. Admissibility
• Seminar Work:
  • Status of Research and Writing
• Reading Assignment:
  1. Schabas, Chapters 3 through 5.

Class 10 - Adjudicatory Dispute Resolution Mechanisms in the International Legal System
25 October 2011

• Discussion Topics:
  1. International Criminal Procedure—The ICC Approach
     1. Due Process Standards
     2. Civil Law/Common Law Merger
     3. Investigation and Pre-Trial Procedure
     4. Trial Procedure & Evidence
     5. Appeal & Redress of Wrongful Prosecutions/Miscarriages of Justice
     6. Punishment and the Rights of Victims
  2. Problems common to adjudicatory DRMs
     1. Evidence & fact-finding
     2. Compliance & enforcement
     3. Provisional measures
     4. Structural issues
        1. The place of judicial power in the international legal system
        2. Appellate levels
• Seminar Work:
  • In-Class Exercise: The Qana Incident
  • Rough Drafts are due in class at the beginning of class!
  • Sign up for presentation slots.
• Reading Assignment:
  1. Schabas, Chapters 7 through 10.
  2. Materials for the in-class exercise.
  3. Volcansek, Chapter 10.
  4. Ginsburg & McAdams, Adjudicating in Anarchy: An Expressive Theory of International Dispute Resolution, 45 Wm. & Mary L. Rev. 1229 (2004). Note: Read pp. 1233-37 & 1303-30, and skim the rest.

Class 11 - The Challenge of Terrorism, Non-State Actors, and Rogue States, and Seminar Conclusion
1 November 2011

• Discussion Topics:
  1. Accountability of Non-State Actors in the International Legal System
  2. Military Tribunals/Commissions
  3. What to do when the domestic political system cannot take action?
     1. Trying Saddam (National vs. International Tribunals)
     2. Trying Karadic & Learning from the Milosovic Trial
     3. Truth and/or Reconciliation Commissions
     4. How to proceed in the United States
  4. Seminar Conclusions
     1. Recap of the DRMs we have seen
     2. Other DRMs
     3. How Effective Are They? Assessing the DRMs
• Seminar Work:
  • Discussion of Rough Drafts
• Reading Assignment:
  1. Volcansek, Chapter 9.
  2. Merrills, Chapters 8 & 12.

Classes 12 to 14 - Class Presentations
8 November, 15 November, & 22 November 2011

• Discussion Topics and Seminar Work:
  • Class 12: Class Presentations
  • Class 13: Class Presentations
  • Class 14: Class Presentations
• Reading Assignment:
  1. Except during the week in which they present their own paper, students will be assigned each class to read one of rough drafts presented in that class. They will then be expected to question and comment upon the assigned paper. This will count toward their class participation grade.

VIII. Supplemental Readings

Over the years we have taught this seminar, we have found more materials than even the most manically-obsessed student of international courts could ever hope to read in one semester. Many of them are readings we would love to assign, but feel that students might object to reading 500 pages for each class. We list below the ones we no longer use as required readings, broken down by class topic, to serve as research starting points for those doing papers in these subjects.

• Class 1 - Introduction to Course
  1. None at this time.
• Class 2 - The Role of International Tribunals in the International Legal System
  1. Reisman, International Incidents: Introduction to a New Genre in the Study of International Law 10 Yale J. Int'l L. 1 (1984-85).
  2. Goldsmith & Posner, A Theory of Customary International Law 66 U. Chi. L. Rev. 1113 (1999).
  3. Norman & Trachtman, The Customary International Law Game 99 Am. J. Int'l L. 541 (2005).
  4. Shelton, Normative Hierarchy in International Law 100 Am. J. Int'l L. 291 (2006).
• Class 3 - International Law in Municipal Legal Systems
  1. Bradley & Goldsmith, Federal Courts and the Incorporation of International Law, 111 Harv. L. Rev. 2260 (1998).
  2. Curtis A. Bradley, Jack L. Goldsmith & David H. Moore, Sosa, Customary International Law, and the Continuing Relevance of Erie, 120 Harv. L. Rev. 869 (2007).
  3. Sosa v. Alvarez-Machain, 542 U.S. 692, 124 S.Ct. 2739 (2004).
• Class 4 - Dispute Resolution in the Russo-Georgia War
  1. None at this time.
• Class 5 - International Court of Justice and Its Predecessors
  1. Janis, Chapter 5.
  2. Spiermann, "A project of international justice," in International Legal Argument in the Permanent Court of International Justice, pp. 1-33 (2005).
  3. ICJ Rules of Court (Art. 1 - 29).
  4. Ford, Judicial Discretion in International Jurisprudence: Article 38(1)(c) and "General Principles of Law", 5 Duke J. Comp. & Int'l L. 35 (Fall 1994).
  5. Franck, The "Powers of Appreciation": Who is the Ultimate Guardian of UN Legality? 86 Am. J. Int'l L. 519 (1992).
  6. Bekker, International Decision: Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom) and (Libyan Arab Jamahiriya v. United States), Preliminary Objections, Judgments <http://wwww.icj-cij.org>. 92 Am. J. Int'l L. 503 (1998).
  7. The Case Concerning Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. U.S.)(Jurisdiction and Admission)(1984)(excerpts on admissibility).
  8. The North Sea Continental Shelf Case (W. Ger. v. Den.)(1969).
• Class 6 - Regional & Specialized Courts in the International Legal System
  1. Janis, Chapter 9(b).
  2. Read the background materials for each of the following courts at the PICT Website (click on Courts and Tribunals-->Regional Bodies-->then on each of the regions): ECJ/CFI, EFTA, Benelux CJ, TJAC, CACJ, CCJ, OHADA, and COMESA.
  3. Materials on the Right of Passage Case.
  4. Materials on the Asylum Cases.
• Class 7 - Human Rights and International Courts
  1. Janis, Chapter 8.
  2. Buergenthal, The Evolving International Human Rights System, 100 Am. J. Int'l L. 783 (2006).
  3. Mahoney, New challenges for the European Court of Human Rights resulting from the expanding case load and membership, 21 Penn State Int'l L. Rev. 101 (2002).
  4. Read the background materials for each of the following courts at the PICT Website (click on Courts and Tribunals-->Regional Bodies-->then on each of the regions): ECHR, IACHR, and ACHPR.
  5. Pasqualucci, Advisory practice of the Inter-American Court of Human Rights: contributing to the evolution of international human rights law, 38 Stan. J. Int'l L. 241 (2002).
  6. Cerna, "The Inter-American Court of Human Rights" in Janis, International Courts for the Twenty-First Century (1992).
• Class 8 - International Criminal Tribunals, Part I
  1. Theodor Meron, Revival of Customary Humanitarian Law, 99 Am. J. Int'l L. 817 (2005).
  2. Wippman, The Costs of International Justice, 100 Am. J. Int'l L. 861 (2006).
  3. Mark A. Drumbl, Looking up, down and across: the ICTY's place in the international legal order, 37 New England L. Rev. 1037-57 (2003).
  4. Laura A. Dickinson, The relationship between hybrid courts and international courts: the case of Kosovo, 37 New England L. Rev. 1059-72 (2003).
  5. S. de Bertodano, Problems Arising from the Mixed Composition and Structure of the Cambodian Extraordinary Chambers, 4 J. Int'l Crim. Just. 285-293 (2006).
  6. Elizabeth M. Evenson, Truth and Justice in Sierra Leone: Coordination Between Commission and Court, 104 Colum. L. Rev. 730-67 (2004).
  7. Basic Documents of the International Military Tribunal (Nüremberg):
     1. The London Agreement.
     2. The Charter of the IMT.
     3. The Rules of Procedure of the IMT.
  8. Charter of the International Military Tribunal for the Far East (Tokyo).
  9. Statute of the International Criminal Tribunal for the former Yugoslavia.
  10. Statute of the International Criminal Tribunal for Rwanda.
  11. Statute of the International Criminal Court.
  12. U.N. General Assembly Resolution 57/228B, Khmer Rouge Trials (22 May 2003).
  13. U.N. Security Council Resolution 1757, Establishment of the Special Tribunal for Lebanon (30 May 2007).
  14. Annex 6 to the general framework agreement for peace in Bosnia & Herzegovina and the Agreement pursuant to Article XIV of Annex 6.
  15. UNMIK (UN Interim Administration Mission in Kosovo) Regulations establishing the Interim Administration in Kosovo, setting up courts, appointing Kosovar judges, appointing international judges (and then amending, amending, and amending it again (this last one happened yearly), determining language of the case, and then establishing and amending a Human Rights Advisory Panel.
  16. Law of the Supreme Iraqi Criminal Tribunal (unofficial but verified english translation).
  17. Sells, Michael A. The Bridge Betrayed: Religion and Genocide in Bosnia. Berkeley: Univ. of California Press, 1996. This is the best background for the events in and around Bosnia during the breakup of Yugoslavia, and the resulting genocide. I highly recommend this book. It is on reserve in the Law Library at call number: DR 1313.7.A85S45 1996.
  18. Meron, Theodore, Shakespeare's Henry the Fifth and the Law of War, 86 Am. J. Int'l L. 1 (1992).
  19. U. Garms & K. Peschke, War Crimes Prosecution in Bosnia and Herzegovina (1992-2002): An Analysis through the Jurisprudence of the Human Rights Chamber, 4 J. Int'l Crim. Just. 258-282 (2006).
  20. Betts, Carlson, & Gisvold, The Post-Conflict Transitional Administration of Kosovo and the Lessons-Learned in Efforts to Establish a Judiciary and Rule of Law, 22 Mich. J. Int'l L. 371 (2001).
• Class 9 - International Criminal Tribunals, Part II
  1. Bodley, Weakening the Principle of Sovereignty in International Law: The International Criminal Tribunal for the Former Yugoslavia, 31 N.Y.U. J. Int'l L. & Pol. 417 (1998-1999).
  2. Geoffrey R. Watson, The changing jurisprudence of the International Criminal Tribunal for the Former Yugoslavia, 37 New England L. Rev. 871-85 (2003).
  3. Faiza Patel King & Anne-Marie La Rosa Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia—Current Survey, European J. Int'l L. Online Survey.
  4. Salvatore Zappalà, The Reaction of the US to the Entry into Force of the ICC Statute: Comments on UN SC Resolution 1422 (2002) and Article 98 Agreements, 1 J. Int'l Crim. Just. 114-134 (2003).
  5. Lee A. Casey & David B. Rivkin, Jr., The International Criminal Court vs. the American People, Heritage Foundation Backgrounder #1249, February 5, 1999.
  6. Henry A. Kissinger, The Pitfalls of Universal Jurisdiction, 80 Foreign Aff. 86-96 (2001).
  7. Leila Nadya Sadat & S. Richard Cohen, The New International Criminal Court: An Uneasy Revolution, 88 Geo. L.J. 381 (2000).
  8. Public Law 107-206 (Title II - §§2001 - 2015) - American Servicemembers' Protection Act (Just read Title II, which begins on page 81 and ends on page 91 of the PDF file).
  9. Ambassador David J. Scheffer (Clinton Administration U.S. Ambassador-at-Large for War Crimes Issues and Head of the U.S. Delegation to the U.N. Preparatory Commission for the International Criminal Court), America's Stake in Peace, Security, and Justice, Remarks after the Rome Conference (31 August 1998).
  10. Ambassador David J. Scheffer (Clinton Administration U.S. Ambassador-at-Large for War Crimes Issues and Head of the U.S. Delegation to the U.N. Preparatory Commission for the International Criminal Court), Statement before the Congressional Human Rights Caucus (15 September 2000). This is substantially the same as the speech he gave at the WCL/American Academy of Arts and Sciences Conference on the ICC on 14 September 2000.
  11. No Court Dates For America, an op-ed piece in the Washington Times by then-Senators Jesse Helms (R-NC) and Zell Miller (D-GA).
  12. The United States and the International Criminal Court Remarks by John R. Bolton, U.S. Under Secretary for Arms Control and International Security on September 16, 2002.
  13. The ICC and the Deployment of U.S. Armed Forces, by Maj. General William L. Nash (U.S. Army, Retired).
  14. EU Council Common Position on Article 98 Agreements, 30 September 2002. The common position is on pages 9 and 10.
• Class 10 - Adjudicatory Dispute Resolution Mechanisms in the International Legal System
  1. Mohamed Ali Lejmi, Prosecuting Cambodian Genocide: Problems Caused by the Passage of Time since the Alleged Commission of Crimes, 4 J. Int'l Crim. Just. 300-306 (2006).
  2. David Boyle, The Rights of Victims: Participation, Representation, Protection, Reparation, 4 J. Int'l Crim. Just. 307-313 (2006).
  3. Göran Sluiter, Due Process and Criminal Procedure in the Cambodian Extraordinary Chambers, 4 J. Int'l Crim. Just. 314-326 (2006).
  4. Suzannah Linton, Safeguarding the Independence and Impartiality of the Cambodian Extraordinary Chambers, 4 J. Int'l Crim. Just. 327-341 (2006).
  5. Göran Sluiter, International criminal proceedings and the protection of human rights, 37 New England L. Rev. 935-48 (2003).
• Class 11 - The Challenge of Terrorism, Non-State Actors, and Rogue States and Seminar Conclusion
  1. Hamdan v. Rumsfeld, 548 U.S. 557, 126 S.Ct. 2749, 165 L.Ed.2d 723 (2006).
  2. George P. Fletcher, Guantánamo Revisited:The Hamdan Case and Conspiracy as a War Crime, A New Beginning for International Law in the U.S., J. Int'l Crim. Just., Advanced Access, 5 August 2006.
  3. Fisher, "9/11: A Nation At War" in Military Tribunals & Presidential Power (2005).
  4. Fisher, "Judicial Process Against Terrorists" in Military Tribunals & Presidential Power (2005).
  5. Fisher, "Conclusions" in Military Tribunals & Presidential Power (2005).
  6. Goldstone, The trial of Saddam Hussein: what kind of court should prosecute Saddam Hussein and others for human rights abuses? 27 Fordham Int'l L.J. 1490 (2003-2004).
  7. Bradley & Goldsmith, Congressional Authorization and the War on Terrorism, 118 Harv. L. Rev. 2047 (2005).
  8. Bederman, "The Glorious Past and Uncertain Future of International Claims Tribunals" in Janis, International Courts for the Twenty-First Century (1992).
  9. Darren Kane, Twenty Years On: An Evaluation of the Court of Arbitration for Sport, 4 Melb. J. Int'l L. 611-635 (2003).
  10. Website of the Tribunal Arbitral du Sport - Court of Arbitration for Sport, http://www.tas-cas.org/.
  11. Statute of the International Tribunal for the Law of the Sea.