International Human Rights Law.
This week we are studying International Human Rights Law. A major part of that is International Humanitarian Law, which “is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.” ICRC, Advisory Service on International Humanitarian Law, available at https://www.icrc.org/en/doc/assets/files/other/what_is_ihl.pdf.
In Week 6, we will be discussing international courts in greater depth. However, this week, you will be examining a court case before the International Criminal Court which involves crimes against humanity. This week, please select one of the cases on the International Criminal Court’s website found at this link: https://www.icc-cpi.int/cases?cases_fulltext=&field_defendant_t=All
Please be sure to review the summary of the case, the case information sheet, timeline, selected documents, as well as Questions and Answers if any are provided. Next, you will write a brief summary of the case. Your brief should be approximately 2-3 pages in length, double spaced, 12 point Times New Roman font, with 1″ margins. You should put your name, student number and date at the top of the paper. A title page is not needed.
Attach your case brief here in Word format.
Your brief must be structured with following headings in bold face as follows:
CASE NAME:
PARTIES: Who is the Defendant(s)? Briefly explain where they are from and their charges.
FACTS: Who did what to whom? Include all facts the court considered significant. Summarize in your own words. What did the Defendants do to be charged with their crimes?
PROCEDURAL HISTORY: At what stage is the International Criminal Court? How did the case procedurally get before this court? Is the Defendant in their custody? Discuss what documents have been filed and their importance? Have any procedural decisions been made by the Court?
REASONING: Has the case been decided yet? If, so, why did the court decide the case the way it did? What legal standard did they use or establish? What law or facts did the Court rely upon and why?
DECISION: This section gives the Judgment rendered by the court. Describe the final disposition of the case. Did the court affirm the lower court’s decision, reverse it, and/or remand it for additional proceedings?
COMMENTS: Is there anything else that should be mentioned about this case? Was the court “divided”? Were there any weaknesses/discrepancies in the court’s opinions? What were your personal thoughts on the case? Feel free to do your own research in news articles to find background information or what happened after the trial, if there was one.
Please note that depending on the case you select, certain sections of your case brief may be much larger than others. For example, depending on the Defendant and whether they are in custody, your facts, procedural history or reasoning may be the largest sections or the smallest sections of the case brief. It is up to you where you will focus your attention on writing in your case brief. However, you must include every section and be sure to explain why to the reader if a section is not yet important nor has any information. (For those of you that have written case briefs before, please note that an Issue and Holding section are not required for this assignment.)
When writing case briefs, all information must be properly cited. Make sure you are not just copying and pasting from your source. For websites, you should use Rule 18 in The Bluebook. Most of the material should be paraphrased; quotations should make up no more than 10% of the brief. However, just because you are paraphrasing does not mean you do not need citations! Your case brief should have a citation after almost every sentence, even when you do not have a quotation. Since the purpose to is highlight and summarize key information, merely copying and pasting from the case does not accomplish this goal. You must summarize the facts in your own words, using quotations sparingly.
Requirements: 2-3 pages
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