Enforcement Powers of the
International Criminal Court
Martin
Luther King High School for Law Advocacy
Ms. Fryere
Introduction:
Mr.
Pierre is a quiet man. He lives a quiet life.
He buys his coffee every morning and reads the newspaper on his way to
work. He takes the A train from
He
tries to forget that past life – but his nights are filled with the screams of
women and children and the sounds of machetes against bone. Blood
dreams. He was a priest who loved his calling – but something went
horribly wrong. He cannot remember when his vows became subordinate to the word
Hutu.
The
private investigator examined the name and the photo: Rev. Athanase Seromba. He didn’t look like a mass murder. It was the
first time his(her) firm had been hired to find a person accused of genocide
and the first time he had to figure out how to bring a prisoner back to The
Hague. His friend Maya from the Fryer
& Gionti law firm had contacted him on behalf of
her client, Ms. X. Ms. X is a Tutsi and her husband and children were allegedly
killed by Rev. Seromba. He had some contacts in the FBI but was not
sure to what extent they could help him. This assignment will require all of
the manpower and brains his office can muster.
Problem: You are to evaluate the legality of a possible
extradition from the
Each
team will be responsible for evaluating the capture and possible extradition of
alleged war criminals to the International Criminal Court at
International
Criminal Court United Nations – NYC
Possible Fugitive
Suspects:
Rev. Athanase Seromba (Rwanda), Radovan
Karadzic (Serbia), Revolutionary
United Front (RUF) (Sierra Leone), Charles
Zentai (Hungarian – Nazi), Dr. Aribert Heim (Austria), Hun Sen – Khmer Rouge
(Cambodia), and Donald Rumsfeld –
former Secretary of State (United States of America).
task:
The class will be divided
into investigative teams. Each team will be responsible for reviewing the case
of an individual who might be charged with crimes that would be heard by the
International Criminal Court. Your team will look into the facts of the case
and develop a case to be presented to the court. You will make a report to the
class about the results of your findings and recommendations.
process:
Meeting
in groups of four, your team will conduct an investigation into the allegations
against the person assigned to your group. The group will follow the guidelines
listed below:
Study and research the issues and problems
involved in:
finding the perpetrator
bringing that person to the correct authorities;
legally bringing that person before the International
Criminal Court at The Hague.
Your group will create an investigative dossier;
Each group is to present (oral presentation)
their dossier of the case study to the class. Each group is use primary
sources, visual aids (maps and images) and legal documents.
Each individual is to write a legal brief using
the IRAC (issue, rule, analysis, conclusion) format.
While the group must have a consensus when doing the presentation, each brief
can reflect the personal beliefs of the individual.
Each brief must include a bibliography of
sources
The research will be based mainly on primary
sources. These primary
sources will be the international treaties, international organization
charters, United States law, and the laws governing international
tribunal. Use the links below to investigate
the relevant laws.
Use
each of the steps from the International
Public Policy Analyst below to gather the information that you will
need. Complete each of the worksheets found
in the link and use that information in the creation
of the investigative dossier and legal brief.
Step Three:
Identify the Causes
Step four:
Evaluate existing public policy
Step six: select
the best solution
Roles to be played within
your group
Coordinator- Chief
investigator- This person will coordinate the group’s efforts to gather the
necessary materials, see to it that the briefs, dossiers, presentations, etc.
are completed and filed at the correct time.
Two researchers-
These persons, along with the chief investigator, will conduct research to
enable the writing of reports dossiers and briefs. They should coordinate their
efforts to produce a unified series of products.
Presenter- This
person’s job is to oversee the development of charts, maps and posters and to
coordinate the actual presentation of the report to the class.
resources:
1.
International
Treaties:
a.
http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx
b.
http://untreaty.un.org/ENGLISH/treaty.asp
c.
http://www1.umn.edu/humanrts/treaties.htm
2.
United
States and International Law
a.
http://en.wikipedia.org/wiki/Human_rights_in_the_United_States
b.
http://www.state.gov/g/drl/hr/
c.
http://www.globalissues.org/article/139/the-usa-and-human-rights
3.
Extradition
in the
a.
http://en.wikipedia.org/wiki/Extradition_law_in_the_United_States
4.
Alleged
War Criminals
a.
http://afp.google.com/article/ALeqM5g_pI0pJqnJgnTn0Ct6ZrO3oksq-w (
b.
http://www.hrw.org/english/docs/2008/05/28/sierra18950.htm
(
c.
http://www.nytimes.com/2006/12/14/world/africa/14rwanda.html?_r=1&oref=slogin
(
d.
http://www.wiesenthal.com/site/apps/s/content.asp?c=fwLYKnN8LzH&b=253162&ct=1957027
(
e.
http://www.carnegieendowment.org/publications/index.cfm?fa=view&id=18530&prog=zch
(
f.
http://www.time.com/time/nation/article/0,8599,1557842,00.html
(
5.
International
Human Rights Organizations
6.
Primary
Source Sites
a.
http://www.yale.edu/lawweb/avalon/avalon.htm
b.
http://www.columbia.edu/cu/lweb/indiv/lehman/guides/human.html
c.
http://www.worldlymind.org/primary.htm
evaluation:
Please
use the following rubrics while doing your research and writing your brief; excellent = 90-100, good = 80-89,
average = 70-79, and poor
= 70 and below.
Please
use the rubric links to the rubrics below to guide your research and your
writing.
1. Group Planning Rubric
|
CATEGORY |
Excellent |
Good |
Average |
Poor |
|
Delegation of Responsibility |
Each student in the group can clearly
explain what information is needed by the group, what information s/he is
responsible for locating, and when the information is needed. |
Each student in the group can clearly
explain what information s/he is responsible for locating. |
Each student in the group can, with
minimal prompting from peers, clearly explain what information s/he is
responsible for locating. |
One or more students in the group
cannot clearly explain what information they are responsible for locating. |
|
Plan for Organizing Information |
Students have developed a clear plan
for organizing the information as it is gathered and in the final research
product. All students can independently explain the planned organization of
the research findings. |
Students have developed a clear plan
for organizing the information in the final research product. All students
can independently explain this plan. |
Students have developed a clear plan
for organizing the information as it is gathered. All students can
independently explain most of this plan. |
Students have no clear plan for
organizing the information AND/OR students in the group cannot explain their
organizational plan. |
|
Ideas/Research Questions |
Researchers independently identify at
least 4 reasonable, insightful, creative ideas/questions to pursue when doing
the research. |
Researchers independently identify at
least 4 reasonable ideas/questions to pursue when doing the research. |
Researchers identify, with some adult
help, at least 4 reasonable ideas/questions to pursue when doing the
research. |
Researchers identify, with
considerable adult help, 4 reasonable ideas/questions to pursue when doing
the research. |
|
Quality of Sources |
Researchers independently locate at
least 2 reliable, interesting information sources for EACH of their ideas or
questions. |
Researchers independently locate at
least 2 reliable information sources for EACH of their ideas or questions. |
Researchers, with some adult help,
locate at least 2 reliable information sources for EACH of their ideas or
questions. |
Researchers, with extensive adult
help, locate at least 2 reliable information sources for EACH of their ideas
or questions. |
2. Primary Source Rubric
|
CATEGORY |
Excellent |
Good |
Average |
Poor |
3. Legal Brief Rubric - IRAC Format
|
CATEGORY |
Excellent |
Good |
Average |
Poor |
|
Issue or Question Presented |
The issue identifies the topic of the
essay and asks the main question presented to be discussed. |
The issue identifies the question
presented to be answered by the brief. |
The issue is vague and does not
accurately identify the question presented |
The issue does not name the question
presented. |
|
Rule |
The governing rule of law is
accurately written. |
The governing rule of law is mentioned.
|
The governing rule of law is vague. |
The governing rule of law is
incorrect. |
|
Evidence and Examples |
All of the evidence and examples are
specific, relevant and explanations are given that show how each piece of
evidence supports the author's position. |
Most of the evidence and examples are
specific, relevant and explanations are given that show how each piece of
evidence supports the author's position. |
At least one of the pieces of
evidence and examples is relevant and has an explanation that shows how that
piece of evidence supports the author's position. |
Evidence and examples are NOT
relevant AND/OR are not explained. |
|
Accuracy |
All supportive facts and statistics
are reported accurately. |
Almost all supportive facts and
statistics are reported accurately. |
Most supportive facts and statistics
are reported accurately. |
Most supportive facts and statistics
were inaccurately reported. |
|
Conclusion |
The conclusion is strong and leaves
the reader solidly understanding the writer's position. Effective restatement
of the position statement begins the closing paragraph. |
The conclusion is recognizable. The
author's position is restated within the first two sentences of the closing
paragraph. |
The author's position is restated
within the closing paragraph, but not near the beginning. |
There is no conclusion - the paper
just ends. |
4. Investigative Dossier Rubric
|
CATEGORY |
Excellent |
Good |
Average |
Poor |
|
Amount of Information |
All topics are addressed and all
questions answered with at least 2 sentences about each. |
All topics are addressed and most
questions answered with at least 2 sentences about each. |
All topics are addressed, and most
questions answered with 1 sentence about each. |
One or more topics were not
addressed. |
|
Quality of Information |
Information clearly relates to the
main topic. It includes several supporting details and/or examples. |
Information clearly relates to the
main topic. It provides 1-2 supporting details and/or examples. |
Information clearly relates to the
main topic. No details and/or examples are given. |
Information has little or nothing to
do with the main topic. |
|
Diagrams & Illustrations |
Diagrams and illustrations are neat,
accurate and add to the reader's understanding of the topic. |
Diagrams and illustrations are
accurate and add to the reader's understanding of the topic. |
Diagrams and illustrations are neat
and accurate and sometimes add to the reader's understanding of the topic. |
Diagrams and illustrations are not
accurate OR do not add to the reader's understanding of the topic. |
|
Sources |
All sources (information and
graphics) are accurately documented in the desired format. |
All sources (information and
graphics) are accurately documented, but a few are not in the desired format.
|
All sources (information and
graphics) are accurately documented, but many are not in the desired format. |
Some sources are not accurately
documented |
conclusion:
Students
should have learned/examined the conflicting interests between human rights and
national sovereignty. Students should be
able to discuss the role of the International Criminal Court and evaluate the
public policy issue of enforcement of international laws.
Students
should be able to appreciate and discuss the role of public policy analysis.
standards:
Social Studies: Standard
2
·
The student will use a variety of intellectual skills to
demonstrate their understanding of major ideas, eras, themes, developments and
turning points in world history, and examine the broad sweep of history from a
variety of perspectives.
Social Studies: Standard
3
·
The student will use a variety of intellectual skills to
demonstrate their understanding of the geography of the interdependent world in
which we live- local, national, and global- including the distribution of people,
places, and environments over the Earth’s surface.
Social
Studies: Standard 5
·
Civics, Citizenship and Government
English Language Arts Standards
·
Students will read,
write, listen, and speak for information
and
understanding.
·
Students will read,
write, listen, and speak for critical
analysis
and evaluation.