News and Developments in International Legal Education

Published as an information resource for the ASIL membership, the ASIL Academic Bulletin reports on program developments at ASIL 2009 Academic Partner institutions.



Winter 2009
Issue Theme: International Law Research and Publications

 
 
Case Western Reserve University School of Law


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Case Professor Michael Scharf and his students spent
the fall 2008 semester working for the Office of the
Co-Prosecutor of the Khmer Rouge Tribunal in Phnom Penh

Introduction

The "Case Global" program at Case Western Reserve University School of Law, ranked by U.S. News and World Report as the 16th best international law program in the nation (tied with Stanford and Cornell), is composed of the Canada-US Law Institute (est. 1976), the Frederick K. Cox International Law Center (endowed in 1991), the War Crimes Research Office (est. 2002), the Institute for Global Security Law and Policy (est. 2004), the Summer Institute for Global Justice in the Netherlands (est. 2005), and the Cyberspace Law and Policy Office (est. 2008). In April 2008, Case School of Law won the World Championship Round of the Jessup International Law Moot Court Competition.

Recent Books by our Faculty

Over the past two years, the Case international law faculty have published (or had accepted for publication) ten books in international and comparative law: Enemy of the State (Michael Scharf); Public Corruption and Money Laundering (Richard Gordon); Cyberspace Law (2d ed.) (Raymond Ku and Jacqueline Lipton); The Theory and Practice of International Criminal Law (Michael Scharf); International Labor Law (Calvin Sharpe); The Law of International Organizations (2d ed.) (Michael Scharf); Anti-Money Laundering and Combating the Financing of Terrorism: International Standards and U.S. Law and Practice (Richard Gordon and Craig Boise); International Criminal Law (3d ed.) (Michael Scharf, et. al); Indicators for Terrorism Financing Through Financial Institutions (Richard Gordon); and Saddam on Trial: Understanding and Debating the Iraqi High Tribunal (Michael Scharf and Gregory McNeal).

Publication of Reports and Articles Generated by Experts Meetings

Now celebrating its 40th anniversary, Case Western Reserve Journal of International Law publishes three issues per year, with articles generated by the Cox Center's major conferences, lectures, and experts meetings. The Winter 2009 issue features the articles and experts' report from our ICRC/Cox Center "Expert Meeting on Security Detention," which are particularly timely and relevant to the question of what to do with detainees after the closing of the Guantanamo Bay detention center. The Spring 2009 issue is devoted to the "World Conference on Combating Terrorist Financing," which the Cox Center hosted with the International Association of Penal Law last year, and the Summer 2009 issue includes the symposium and experts meeting we presented on "The International Criminal Court and the Crime of Aggression" in September 2008.

Fieldwork :

Professor Richard Gordon is serving as Advisor on Governance and Ethics Reform for the Independent Evaluation Office of the International Monetary Fund (IMF). In this capacity, he has written a paper on the evolution of critical corporate governance issues at the IMF. He is also co-leading a study on indicators of terrorism financing through financial institutions for the Counter-Terrorism Task Force of the 1267/1373 Committee of the U.N. Security Council, along with the Hon. Sue Eckert (Senior Research Fellow at the Watson Institute, Brown University) and Professor Nikos Passas (Northeastern University).

During his fall 2008 sabbatical, Cox Center Director Michael Scharf was a Special Assistant to the Prosecutor of the Khmer Rouge Tribunal (ECCC) and drafted the Prosecutor's brief in opposition to the motion to exclude Joint Criminal Enterprise Liability. He was assisted by Case alumni, Zachery Lampell, a member of the Co-Prosecutors' Office, and two current students, Margaux Day and Niki Dasarathy, who were interns at the Tribunal, receiving 12 academic credits from Case School of Law as part of the "International Tribunal Externship Program." National Public Radio interviewed Professor Scharf on December 30, 2008, about his work in Cambodia: http://www.wcpn.org/index.php/WCPN/soi/15840/

In addition, under the auspices of the Public International Law and Policy Group, Professor Scharf is co-leading a USAID-funded project to establish a War Crimes Chamber and Truth Commission in Uganda with jurisdiction over offenses committed by the Lord's Resistance Army. Armed with a stack of research memoranda prepared by the students and faculty associated with the War Crimes Research Office, Prof. Scharf traveled to Uganda in December 2008 and February 2009 to meet with executive branch, judicial branch, and legislative branch officials to assist them in drafting the necessary legislative instruments. Since its establishment in 2002, the War Crimes Research Office has produced 190 research memoranda for five international tribunals and two internationalized domestic tribunals. One year after their submission, the memos are posted for world-wide use at our War Crimes Research Portal: www.law.case.edu/War-Crimes-Research-Portal

Voice of America Radio interviewed Professor Scharf on December 24, 2008, about his work in Uganda: http://www.voanews.com/english/archive/2008-12/2008-12-24-voa32.cfm?CFID=105960706CFTOKEN=54481034jsessionid=8830f3aa9f2679618e6d493065686f7ad692

Recent and Upcoming Events:

On January 31, 2009, the International Prosecutor of the Khmer Rouge Tribunal, Robert Petit, spoke at Case, previewing the first trial. The webcast is available for viewing on demand: http://law.case.edu/lectures. Petit was at Case to receive the Cox Center's 2008-09 International Humanitarian Award for Advancing Global Justice. Past recipients include: ICC Prosecutor Luis Moreno-Ocampo (2007), ICJ Judge Thomas Buergenthal (2006), ICC President Philippe Kirsch (2005), and U.N. Under-Secretary General for Legal Affairs Hans Corell (2004). U.N. High Commissioner for Human Rights Navi Pillay will be at Case next fall, to deliver a lecture and accept the 2009-10 International Humanitarian Award.

On March 17, 2009, Case will host a Cross-Fire style panel at the Cleveland City Club, to preview the Radovan Karadzic trial, featuring: Peter Robinson, Esq., former Assistant U.S. Attorney, Senior Defense Counsel for Radovan Karadzic, and author of the legal thriller, The Tribunal; Case Professor Henry King, former Nuremberg Prosecutor and Honorary Consul for the Government of Canada in Northeast Ohio; Lt. Col. (ret.) Michael Newton, former Senior Advisor to the U.S. Ambassador-at-Large for War Crimes Issues, Vanderbilt Law Professor, and co-author of the critically acclaimed book Enemy of the State; and Daniel Moulthrop, producer/host for Cleveland's National Public Radio, who will moderate.

On April 2-4, 2009, the Canada-US Law Institute presents its annual symposium, "Enhancing Canada-US Security and Prosperity through the Great Lakes and North American Trade." http://cusli.org/conferences/annual/index.html

On September 11, 2009, the Cox Center will host a major international symposium, "Beyond Guantanamo." If you are interested in presenting a paper at the symposium, please contact Michael.Scharf@Case.edu.