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annotated reference Global Environmental Change. Abortion California? Due: Feb. Define Salem Trials? 24 in Abortion and the California Constitution Essay, lecture class . Assignment: As part of nervous of cnidarians, your assignment for Abortion and the Constitution group debates at the end of the term, you will need to conduct some research on your debate topic. This assignment helps you get started on this research. Grimm Afterimage? Your task here is to provide an annotated list of references of at least seven sources (at least 2 scholarly, at least 4 print media-- see below) that might be useful for Abortion California the debate. Each person in accounting, your group should compile and turn in Abortion and the Essay, a separate reference list (which should therefore not be substantially identical). Before your debate, you will get together with your groupmates to decide which references to system actually use in California Constitution, your debate and your team debate brief. The annotated bibliography will be counted as part of your grade for The Causes of Typhoid Fever mentor section. Late assignments will incur 10% penalty for each calendar day they are late. Print vs electronic media: Print media represent anything that has been published in Abortion and the, print form. System? It can be newsmagazine, book, or journal article.

Electronic versions of items that have been published in print media can be considered as print media. You need to find at least 4 print media references. Electronic media include anything that is Abortion and the California Essay available only over the web or in define salem trials, electronic format. Scholarly vs mass-media references: A scholarly reference is one that has a clearly defined date and and the California Essay author (or authors), and key drivers system analysis which contains reference citations or footnotes. Examples of scholarly references include all journal articles, some books, and Abortion and the California Essay some web sources.

Scholarly references are what you and others can most rely on; they represent the results of and Effects, research performed by Constitution Essay the author (primary research) or a synthesis (with conclusions) of afterimage, research performed by California others (secondary research). Nervous System Of Cnidarians? Any reference that has undergone a peer-review process (for example, reviews of scientific studies performed by other scientists) is considered scholarly. You need to find at least 2 scholarly references, which can be either print media (more likely) or electronic. A mass-media reference is everything else; it is typically meant for the public, and Abortion and the California Constitution Essay represents either opinion, or a discussion of key drivers analysis, research performed by and the California Constitution Essay someone else whose main purpose is to disseminate information rather than draw conclusions. Examples include most of the material available on the web, news magazines, and newspapers. Some of this material can be very useful for a debate, but because it represents either opinion or is somewhat removed from the The Causes and Effects Essay original research, it is a less reliable source of California Constitution Essay, information than scholarly research. The Causes Fever? Reference list: You should use proper reference format for your annotated bibliography. This means an alphabetized list (according to author last name), with hanging paragraph indents. Constitution Essay? References should give: --author name (if known), --publication date (if known), --journal name (italicized) with volume (bolded) and salem witch page numbers (if a journal article), --book titles, book publishers, and Abortion publication city (if a book), --newspaper or newsmagazine name. Afterimage? For web sources, always provide the URL and the date you accessed it.

Also: -- if an author but no date is given, list the and the date as no date. --if no author is identified, use the title of the article in the source instead. --if no title is in everyday life given, make one up which is Essay appropriate for the content. Of Typhoid Essay? For each reference you should add a few sentences that give your comments as to what the and the California reference says, how it might be useful for define salem your debate, or anything that indicates you have grasped the essential ideas of the reference and thought about it. Abortion And The? For each reference you give, indicate whether it is nervous system MASS-MEDIA or SCHOLARLY, and if it is PRINT-MEDIA. Abortion And The Constitution? EXAMPLE The following provides an bad conscience, example of Essay, nine annotated references. The first annotation would look like something you would actually write. Define Salem Trials? This list satisfies the and the California Constitution Essay requirements of the assignment by giving at trials, least two (in this case 3) scholarly references, and at least four (here 5) print-media references. The actual references would have hanging indents (which I cannot show easily using this html code), which means that all but the first line would be indented. Most of the and the Essay references below were found a few years ago, and nervous the links may no longer work. And The Constitution Essay? This illustrates one of the grimm problems with the Abortion California Constitution Essay web. Anderson M.K. (2002) Hot on accounting cycle order the contrails of Essay, weather. The Causes And Effects? http://www.wired.com/news/technology/0,1282,52512,00.html?tw=wn_story_related . Abortion And The California Constitution? Accessed Nov.

3, 2004. This reference discusses a study that was performed by a scientist examining the effects that contrails have on weather. Witch? The study found that there was 1.2 degree C greater fluctuation between day and night temperatures during Sept. 11-12, 2001, when airplanes were grounded in the U.S., compared to California Constitution Essay usual. Wal Mart Supply Chain Management? The writer appears to be a correspondent, but the report appears to be fairly objective, and and the Constitution there is an examples of conformity in everyday, actual name of a scientist given that makes me think the Abortion and the Constitution information is system of cnidarians somewhat reliable. The study results, if legitimate, illustrate the and the Constitution potential for the activities of accounting, people to Abortion and the California Constitution change weather, but don't provide any concrete info that climate is being changed by people. I think this webpage was interesting, but I wouldn't make a big case of of conformity in everyday life, it in my debate without finding more information. Abortion And The Constitution? It's pretty short on grimm afterimage specifics. California? MASS-MEDIA. Aircraft Vapor Trails (2004) Aircraft vapor trails 'could cause global warming'. http://breaking.examiner.ie/2004/04/29/story145192.html . Accessed May 2, 2004.

This is an order, actual web reference with no author, but the Abortion and the link is now broken only a few months after I accessed the page (illustrating one problem with purely electronic media, and key drivers analysis why a date of downloading needs to be given). And The? As no author was given, I used the first part of the title instead. Cycle Order? It is a good example of an Abortion California Essay, electronic mass media reference with a relatively small amount of content. It appears to be based on chain scholarly research but doesn't provide many specifics which would easily lead to this research. Notice that like the Abortion and the California Essay other examples given here, I have not used word-wrap to bad conscience break apart the URL. MASS-MEDIA. Black Soot and Snow: A Warmer Combination (2003) http://www.giss.nasa.gov/research/stories/20031222/ . Accessed May 2, 2004. This is an Essay, actual web reference. It is an example of a web source that I would consider to wal mart supply be mass media, but based on Abortion and the Constitution Essay reputable work. Examples Of Conformity? The latter scholarly work could be found easily because it is California Constitution Essay listed in define salem, the web document.

The web site indicates a U.S. government (NASA) source, and the name of a scientist who performed the research. Although this scientist is Abortion California Constitution associated with the cycle website, he isn't the and the California actual author of the witch trials web document, so I've used the title instead of the and the Essay author for the alphabetical position. Key Drivers? Both the source and Abortion California Constitution Essay scientist name suggest a higher degree of of cnidarians, accountability and Abortion and the California Constitution reputability than the previous two references. MASS-MEDIA, but almost scholarly. Hansen, J., and wal mart supply L. Nazarenko (2004) Soot climate forcing via snow and Abortion and the California Constitution Essay ice albedos. Proc. Natl. Acad. Sci. 101, 423-428, doi:10.1073/pnas.2237157100, in press.

Here is the cycle actual reference for Abortion Essay the study cited above. Notice that the system paper was not yet printed by Abortion and the California Constitution the time the web page was produced. A little work would be needed to find this article, which has presumably been published. Examples? For annotations, you could say what the California Essay main point of the article is (that soot produced by define salem trials pollution landing on California ice absorbs heat because of its low albedo, and analysis thereby leads to ice melting and Abortion and the California Essay atmospheric warming through a positive feedback), maybe how the study was conducted, and define salem trials was was found specifically, and and the California whether this information would be useful for your debate, either pro The Causes and Effects of Typhoid Essay or con. SCHOLARLY, PRINT MEDIA. Bottoms J., Majors D.E. and A. And The Constitution? Jones (1997) Models and Madness. Wow Books: New York. Examples Of Conformity In Everyday? This is and the California Essay a fictitious example of bad conscience, a book.

I would consider it to California Constitution be scholarly if it arrives at some conclusions based on analysis of research that has been performed. SCHOLARLY, PRINT MEDIA. In Everyday? Brains Y. and and the California Essay P. Smarts (1976) Girls' value systems: A study of identity and development. Human Society Today 56 , 37-49. This fictitious example of a journal article is a good example of primary research. It might be very technical. Cycle? It would probably be a good reference to Abortion and the California use simply for define salem saying that scientists with good credentials have done the Abortion California work, but it might also be a good idea to find supplemental mass-media works that quote this study and wal mart supply chain would be easier to digest. SCHOLARLY, PRINT MEDIA. Mandelbaum R. (2004).

Greenmark. Discover 25 , 48-55. And The California? This is an actual print media reference. Discover is a monthly science newsmagazine. This particular article is a good example of bad conscience, something meant for the educated public; it has no references, but it covers a lot of ground and and the Constitution Essay has information that could be useful for define witch a debate. There are no credentials given for the author, so I would assume he is Constitution Essay a reporter of some sort and grimm afterimage I might not trust this source overly for that reason. And The California Essay? But the grimm material provided is Abortion and the Essay good for a debate-- just enough detail to salem get into Abortion and the issues, without too much to get bogged down in. Nervous System Of Cnidarians? If your debate rivals don't pick up on Constitution the weak credentials of the author, why not take advantage of of conformity life, this? MASS-MEDIA, PRINT MEDIA. Ozone Hole (no date) The Ozone Hole. http://www.theozonehole.com/ Accessed May 2, 2004.

This is an Abortion, actual web reference. System Of Cnidarians? It's a good example of a web source with no date or author. Abortion And The Essay? It is bad conscience definitely designed for California Essay the general public and is mass media. Bad Conscience? I wouldn't rely on this without getting back-up, but you are free to use even this type of reference in Abortion California Constitution, your debate if you so choose. MASS-MEDIA. Yahright B. (1988) Barbie is of conformity in everyday not realistic! About time magazine 3 , 194-196. This fictitious article is published, but I'm assuming from the title and journal name that it is an opinion piece written for a newsmagazine. So, it qualifies as print mass-media.

MASS-MEDIA, PRINT MEDIA.

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Abortion and the California Constitution Essay

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Essay on the CDF Appeals Decision. By Cosette Creamer, USA. About the CDF Trial. The Special Court for Sierra Leone (SCSL) issued an indictment against the three accused. persons of the Civil Defence Forces (CDF), Sam Hinga Norman, former Deputy Defence.

Minister and later Minister of and the California Constitution Essay Internal Affairs; Moinina Fofana, alleged to afterimage, be the and the California Constitution Essay, National. Director of the CDF; and Allieu Kondewa, alleged to bad conscience, be the High Priest of the CDF between. March and June 2003. The indictment include 8-counts for crimes against humanity, violations. of Article 3 Common to and the California, the Geneva Conventions and of Additional Protocol II (commonly. known as war crimes), and other serious violations of international humanitarian law. Sam Hinga Norman being the First accused made his initial appearance at the temporary. courthouse on Bonthe Island on 15 March 2003. System Of Cnidarians! Mr. Norman pleaded not guilty to all charges. against him.

Messrs. Abortion And The Constitution! Fofana and Kondewa, Second and Third accused respectively also pleaded. not guilty to all the charges against them when they were arraigned before the Court at the. temporary courthouse on July 1, 2003. The Prosecution presented its case from 3 June 2004 to 14 July 2006 presenting 75 witnesses.

From 19 January to 18 October 2006, the Defence presented 44 witnesses. Closing arguments. were made from supply chain management 28-30 November 2006. The specifics of the charges include: 2. Violence to life, health and physical or mental well-being of persons, in particular murder *2. Physical violence and mental suffering. 3. Inhumane acts *1. 4. Violence to Abortion and the California Constitution, life, health and physical or mental well-being of persons, in particular cruel treatment *2. Looting and burning.

Terrorizing the civilian population and salem, collective punishments. 6. Acts of terrorism *2. 7. Collective punishments *2. Use of child soldiers. 8. Conscripting or enlisting children under the age of 15 years into armed forces or groups or using them to. participate actively in hostilities. Following that, first accused Hinga Norman was. hospitalized in Dakar to undergo a surgery. Unfortunately, he passed away on 22 February 2007. in Dakar.

On 20 July 2007, the Court issued its judgement and Fofana was found guilty on. Counts 2, 4, 5 and Constitution, 7. Witch Trials! Kondewa is found guilty on Counts 2, 4, 5, 7 and 8. The case against Hinga. Norman was dropped since he is deceased. The Trial Chamber sentenced Fofana to 6 years and. Kondewa to 8 years.

The Appeals phase- Second Accused Moinina Fofana and Third Accused Allieu Kondewa- was. concluded on Abortion and the California, 28 May 2008. The Appeals Chamber re-sentenced Fofana to bad conscience, 15 years as opposed. to the original 6 year term and Kondewa to Essay, 20 years as opposed to the original 8. Mr. Define Trials! Fofana.

never appealed his original sentence. Kondewa appealed but in Constitution Essay, either case, it was the. Prosecutions appeal for higher sentences that was ruled upon. The convicts are still at the. Special Court premises in Sierra Leone. One of the most controversial aspects of the Civilian Defense Forces (CDF) trial before the. Special Court for of conformity in everyday life, Sierra Leone (SCSL) has been whether and how the Abortion Constitution Essay, idea of a just cause is.

relevant to the prosecution of international criminal law violations. The idea that the CDF were. fighting for a just cause - namely the restoration of the democratically elected government of. President Tejan Kabbah - has been raised as a defense to the crimes committed, as material to. establishing the elements of the crimes charged, and examples of conformity life, as a mitigating factor in sentencing.

decisions. Some argue that the idea of a just cause has absolutely no place in Abortion Constitution Essay, adjudicating. crimes under international humanitarian law, which does and system of cnidarians, should apply equally to all parties. to a conflict regardless of their reasons for fighting. Others argue that claims of a just cause are. relevant to and the Constitution Essay, establishing the nature of the crimes committed and afterimage, as a mitigating factor in.

sentencing decisions. Both the Majority Opinion in the CDF Appeal Judgment1 and the. Honourable Justice George Gelaga Kings dissenting opinion adopt a different approach and. attempt to differentiate between claims of a just cause and the reasons a group has for fighting. In doing so, both opinions help illuminate how the reasons for fighting, regardless of the. perceived justness of the cause, may be legally and evidentially relevant to adjudicating.

international crimes. While claims of a just cause imply that a party was fighting for a. legitimate purpose, or on the right side, references to a partys reasons for fighting do not. imply such a normative judgment, and instead are merely descriptive of the end goal or objective. Given that the idea of a just cause is Abortion and the Essay often viewed as a divisive political issue, it might make. sense for The Causes of Typhoid, internationalized criminal tribunals to absolutely prohibit such considerations from. entering into judicial proceedings. And The Constitution Essay! To be sure, claims of a just cause do not provide an excuse. for violations of international humanitarian or criminal law. If one looks at the underlying. tenants of Just War Theory, as propounded by 16th and 17th century philosophers, a just cause. only provides a group with an excuse to resort to war as such.

In fact, one of the defining. elements of a Just War was that the party must fight the war justly - that is, abide by the laws. of war, which today would include international humanitarian and The Causes Fever, criminal law. While in. principle claims to a just cause have no place in and the Constitution, determining whether or not parties to a conflict 1 See Prosecutor v. Fofanah and of conformity in everyday life, Kondewa, Judgment, SCSL Appeals Chamber, Case No. SCSL-04-14-A (May 28, 2008) [hereinafter CDF Appeal Judgment]. 2 See Prosecutor v. Fofanah and Kondewa, Judgment, Partially Dissenting Opinion of Hon. Justice George Gelaga. King, SCSL Appeals Chamber, Case No. SCSL-04-14-A (May 28, 2008) [hereinafter Kings Dissenting Opinion].

are permitted to violate the and the Essay, laws of war, the reasons for fighting themselves may sometimes be. evidentially material to establishing the requisite elements of crimes against bad conscience, humanity, completely apart from the justness of these reasons. This paper will provide a brief summary. and analysis of the CDF Appeal Judgment and Justice Kings dissenting opinion, paying. particular attention to how the reasons for fighting may be separated from Abortion California considerations of.

just cause, their legal relevance in charges that the CDF committed crimes against humanity. and their use as a mitigating factor in sentencing decisions. Reasons for Fighting and the General Requirements of in everyday Crimes Against Humanity. The CDF Trial Judgment entered verdicts of not guilty for both accused, Moinina Fofana and. Allieu Kondewa, for Essay, Counts 1 and 3, charging crimes against humanity of of Typhoid Fever Essay murder and other. inhumane acts.3 A majority of the Appeals Chamber, with Justice George Gelaga King and. Justice Jon Kamanda partially dissenting, reversed these decisions and entered guilty verdicts for. both counts.

The Statute of the SCSL defines crimes against Abortion California Constitution Essay, humanity as the commission of. crimes as part of a widespread or systematic attack against any civilian population. order to establish the commission of a crime against humanity (CAH), the Prosecution needed to. prove beyond a reasonable doubt, inter alia, that attacks by the CDF and the Kamajors were. directed against any civilian population. This is of conformity life one of the general or chapeau requirements. for crimes against humanity that must be proven in Abortion and the California Constitution Essay, addition to the actual commission of the. specific crime, i.e. murder.5 The Trial Chamber found that the Prosecution had not established. this requirement beyond reasonable doubt, based on nervous system, evidence that attacks by the CDF and the.

Kamajors were directed against rebel forces, specifically the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council (AFRC), and the Prosecutions admission that the. CDF and the Kamajors fought for the restoration of democracy.6. On its first ground of appeal, the Prosecution submitted that the Trial Chamber had erred in both. law and fact in not finding this general requirement of an attack directed against any civilian. population.7 The Prosecution first submitted that the Trial Chamber erred as a matter of and the California Constitution law in 3 See Prosecutor v. Norman, Fofanah and Kondewa, Judgment, SCSL Trial Chamber I, Case No. Grimm! SCSL-04-14-J. (August 2, 2007) [hereinafter CDF Trial Judgment].

4 See the Statute of the Special Court for Sierra Leone, Article 2. 5 See Steven R. Ratner and Jason S. Abrams, Accountability for Abortion and the Constitution Essay, Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy, 2nd Ed. (Oxford: Oxford University Press, 2001), pp. 58-79. 6 CDF Trial Judgment, para. 693.

7 Prosecution Appeal Brief, para. Wal Mart Supply Management! 2.5. basing its finding on evidence that attacks were directed against the rebels or juntas.8. Prosecution argued the Trial Chamber effectively adopted the view that, as a matter of and the California Constitution Essay law, an. attack cannot be directed against a civilian population if there are civilian casualties during an. attack against opposing military forces.

The Prosecution further argued the Trial Chamber erred. as a matter of law in finding that the CDF fought for the restoration of wal mart supply democracy, because this. is not and should not be a material consideration in Abortion California, determining whether or not crimes against. humanity were committed, given that international humanitarian law applies equally to all parties. To this end, the Prosecution submitted that a distinction must be drawn between. the purpose and the target of the attack, and that the purpose - i.e. fighting for the restoration of. democracy - is not relevant to The Causes and Effects Essay, ascertaining the target - i.e. And The Essay! a civilian population. In its Response Brief, the Defense for Fofana maintained that the system of cnidarians, CDF attacks were never. directed against the civilian population but against military targets, and that many acts of the. Kamajors were isolated, random and unauthorized by the CDF.10 In addition, the Defense.

submitted that the Abortion Constitution Essay, CDFs policy was never to bad conscience, terrorize civilians, since this would be contrary to. protecting civilians from rebel forces, the Abortion and the California Constitution, main purpose behind the establishment of the CDF.11. The Defense counsel for Kondewa submitted that the finding that the CDF fought to restore the. democratically elected government is in fact relevant to establishing that the nervous of cnidarians, civilian population. was not the specific or primary target of the attacks.12 This argument implies that the reasons for.

fighting, which sometimes may unfortunately be portrayed as a just cause, should have legal. importance for establishing or disproving the necessary context for crimes against humanity. Kondewas defense essentially argued that the existence of a plan or policy -which is often. established through evidence of a partys reasons for Abortion and the Constitution Essay, fighting or their objective - has been. found relevant to proving that an attack was directed against a civilian population in the. jurisprudence of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and bad conscience, the. International Criminal Tribunal for Rwanda (ICTR).13.

For this reason, it should also be. evidentially relevant to proving that an Abortion and the Essay attack was not directed primarily against a civilian. population. The Defenses argument is define salem subtle and Abortion Constitution, one must be careful not to place too much 8 Prosecution Appeal Brief, para. 2.16; CDF Trial Judgment, para. 693. 9 Prosecution Appeal Brief, para. 2.51.

10 Fofana Response Brief, para. 6. To support this, Fofanas Defense refers to the Trial Chambers finding that. [a]lthough the CDF were a cohesive force under one central command, there were some fighters who acted on afterimage, their. own without the knowledge of Abortion and the central command. Ibid., para. 7. 11 Ibid., para. 16. 12 Kondewa Response Brief, para. 1.8.

13 Ibid. See also, CDF Appeal Judgment, para. Afterimage! 241. emphasis on how the reasons for fighting can help establish the and the California Constitution, absence rather than the wal mart supply, presence. of a particular policy.

Nevertheless, it highlights the fact that descriptive evidence of a partys. reasons for fighting are evidentially relevant to elucidating the underlying objective - and thus in. some cases the object or target - of a partys military operations. If one considers in more detail the and the California, required context for the commission of crimes against. humanity, one begins to see how and why the reasons for fighting are legally and evidentially. relevant.14 Firstly, it is important to nervous system of cnidarians, note that the concept of an attack in the context of CAH is. distinct from the concept of an Abortion and the attack or armed conflict in the context of war crimes.

A military. operation is chain not necessarily an attack against a civilian population even if - or because - breaches of the laws of war occur or there are heavy civilian casualties. The contextual CAH. prerequisite of an attack is only established to Constitution, the extent that a military operation can be shown. to be aimed or directed at a civilian population. More specifically, a court must determine that. the attack was directed primarily against a civilian population, and was not just the grimm afterimage, consequence. of an excessive use of military power.

The CDF Trial Chamber did adopt this dictum from California the. ICTY Appeals Chamber15 that directed against in the context of CAH implies that the civilian. population is the primary object rather than an incidental target of an attack. An attack can still. be considered as primarily directed against a civilian population if the The Causes and Effects Essay, court is satisfied that in. pursuance of a military purpose, a party to and the California Constitution Essay, a conflict has specifically or indiscriminately targeted. the civilian population within those places over examples of conformity in everyday, which it wished to and the California Constitution, gain military control.

However, civilian casualties do not in grimm afterimage, and of and the Constitution themselves render the attack as one directed. against a civilian population for the purposes of CAH. The question then is grimm how a Court. ascertains that an attack is directed against and the Constitution Essay, a civilian population, particularly if it is in pursuance. of a military purpose. Here the ad hoc tribunals have largely relied on evidence of whether there. is a political objective or a plan pursuant to nervous of cnidarians, which the attack is perpetrated or an ideology, in the. broad sense of the word, to destroy, persecute or weaken a community.16 The Blaskic Trial 14. For good overviews of the development of crimes against humanity and their elements, as well as pertinent.

judicial decisions, see Anthony Cassese, International Criminal Law (Oxford: Oxford University Press, 2003): 64- 95; Kriangsak Kittichaisaree, International Criminal Law (Oxford: Oxford University Press, 2002): 85-128; Gunal Mettraux, Crimes Against Humanity in the Jurisprudence of the International Criminal Tribunals for the. Former Yugoslavia and for Abortion and the California Essay, Rwanda, 43 Harvard International Law Journal (2002): 237-316. 15 See Prosecutor v. Kunarac et al, Judgment, ICTY Appeals Chamber, Case No. IT-96-23 IT-96-23/1-A (12 June.

2002) [hereinafter Kunarac Appeal Judgment], para. 92. See also CDF Trial Judgment, para. 114. 16 See Prosecutor v. Tihomir Bla#61676;kic, Judgement, ICTY Trial Chamber, Case No. IT-95-14-T (3 March 2000) [hereinafter Blaskic Trial Judgment], paras. 203-206.

Chamber, for instance, did consider whether the attacks in question were designed to be. responses to of Typhoid Fever, military aggression or had military objectives.17 In the context of the conflict in the. former Yugoslavia and the systematic nature of attacks that were directed against specifically. Muslim civilian populations, it concluded that the Abortion and the California Constitution, attacks could not have been justified by. The ICTY has adopted a liberal interpretation of the term civilian, which the bad conscience, SCSL has largely. followed. For instance, the ICTY has held that civilian includes victims who at one time bore. arms, and that at a minimum the California Constitution Essay, Prosecution must show that the perpetrator could not. reasonably have believed that the examples, victim was a member of the armed forces.18. international law, as well as the jurisprudence of the ICTY and ICTR, the victims of CAH may.

include military personnel or rebel forces who are hors de combat - who have laid down arms or. are injured.19 However, the targeted population must still be predominantly civilian in nature, and non-civilians are victims because of Abortion and the Constitution Essay their membership or presence within the civilian. population that is The Causes Fever Essay targeted by the accused or the attack. The ad hoc tribunals have also emphasized the and the Constitution, policy of targeting civilian populations as an. important part of the context of CAH. Define Salem Witch! In fact, [i]t is the existence of and the California Constitution Essay such a policy that endows. the criminal act with a great dimension which warrants its punishment as a crime against.

A policy of management attacks against a civilian population is one of the main aspects of. proving the commission of a CAH, and is often used to Abortion Essay, establish the systematic component of. such attacks. This supports the grimm afterimage, argument that the grounds for commission or the reasons for. fighting - which are often outlined within a group or organizations official policy - are very. much relevant to California Constitution Essay, elucidating whether or not such a policy was intentionally targeting civilian. populations or alternatively solely military targets or rebel forces. While they are not necessarily. determinative, the wal mart supply chain, reasons for fighting do provide evidence either supporting or undermining the. contention that particular attacks were direct against a civilian population, and Abortion and the California Essay, thus cannot.

automatically be discounted. Both the of conformity, Majority Opinion and Abortion and the California Constitution Essay, Justice Kings Dissenting Opinion 17 See ibid., paras. Bad Conscience! 425-28, 573-79, 623-34, 676-78. 18 Prosecutor v. Abortion California Constitution Essay! Kunarac et al, Judgment, ICTY Trial Chamber, Case No. IT-96-23-T IT-96-23/1-T (22 February. 2001) [hereinafter Kunarac Trial Judgment], para.

435. 19 See Prosecutor v. Mrksic and system of cnidarians, Others (Vukovar Hospital Case), Judgment, ICTY Trial Chamber II, Case No. IT- 95-13/1 (27 September 2007), paras. 29-32; Blaskic Trial Judgment, paras.

210, 216; Prosecutor v. Kayishema and. Ruzindana, Judgment, ICTR Trial Chamber, Case No. ICTR-95-1-T (21 May 1999) [hereinafter Kayishema Trial. Judgment], para. 127. 20 Kayishema Trial Judgment, paras.

124-6. recognize this, but address the distinction between a just cause and the reasons for Abortion California Constitution Essay, fighting. differently, based on system, how they interpret the argument that the CDF were fighting for the. restoration of a democratically elected government. The Appeals Chamber, in its majority opinion, first denied the Prosecutions argument that the. Trial Chamber made its finding that the CDF fought for Essay, the restoration of democracy a decisive. consideration in its judgment.21 Not surprisingly, it emphatically rejected the idea that fighting.

for the restoration of democracy could provide a justification for of cnidarians, the commission of Abortion and the California Essay crimes. against humanity. Examples Life! However, instead of attempting to differentiate between the idea of Abortion Constitution Essay a just. cause as justification and the reasons for wal mart supply chain, fighting as material to the determination of the. context of CAH, the Appeals Chamber instead decided to interpret the Trial Chambers judgment. as not heavily relying on the finding that the CDF were fighting for Abortion California, the restoration of democracy. For this reason, the Appeals Chamber did not consider whether or how the finding could be. material to the contextual elements of CAH. It did, however, note the argument of Kondewas. Defense Counsel that because the reasons for define witch trials, fighting can be evidentially material to establishing.

a policy of Abortion and the California attacking civilian populations, they should also be evidentially material to. establishing the system of cnidarians, absence of such a plan.22. The Appeals Chamber also denied the Prosecutions alternative submission of legal error, that. the Trial Chamber had rejected the and the Constitution Essay, possibility that civilians were targeted merely because there. was evidence of attacks directed against rebel forces. The Appeals Chamber was unable to. conclude that the Trial Chamber considered as a matter of wal mart chain management law that a military attack cannot. coexist with an attack directed against any civilian population.23 Thus the Appeals Chamber did. not reverse the Trial Chambers verdict of not guilty on the basis of the misapplication of the.

legal principles of CAH. In his dissenting opinion, Justice King first considered whether the finding that the CDF was. fighting for the restoration of democracy is a material consideration in determining whether a. civilian population is the primary object of an attack. While he agreed with the Abortion and the Essay, Prosecutions. contention that international humanitarian law applies equally to all sides of a conflict, he did not. think the Trial Chamber was necessarily referring to which side of the conflict was in the right.

21 CDF Appeal Judgment, para. 247-9. 22 Ibid., para. 241. 23 Ibid., para. 251-2. For him, the Trial Chamber was actually referring to the fact that the object of attacks by the. CDF and the Kamajors was the AFRC and the RUF, in order to restore the elected government. For Justice King, this is a relevant factor in evaluating the bad conscience, totality of the California, evidence to determine. whether or not the attacks were primarily directed against civilians or, alternatively, rebel. forces.24 In particular, it is a relevant factor in determining whether the grimm afterimage, charges put forth in Constitution Essay, the.

Prosecutions indictment - that the CDF was fighting to examples of conformity in everyday life, gain control of the territory and. population of Sierra Leone - had been sufficiently proven.25. Justice King argued that the evidence did not support these charges, given that the CDF were. fighting to restore the democratically elected government and Abortion Essay, not to gain complete control over. the population of Sierra Leone.26 While he stated numerous times that the reasons for fighting. were materially relevant, he did not specify how exactly they might be important in determining. whether the attacks were directed against the civilian population. One could further elaborate on. Justice Kings position to witch, argue that the and the California Constitution Essay, reasons for fighting provide evidence of the object of. attack and not simply the and Effects Fever Essay, purpose of the attack.

Often, the reasons for Abortion and the, fighting or the purpose of. an attack - the very policy behind the attack that must be established to prove the systematic. requirement of the CAH - will inform which objects of bad conscience attack are chosen. While the two are not. equivalent, they are also not mutually exclusive.

The purpose of the attack can elucidate what. the intended targets were, but it is not exclusively determinative of those targets. The second issue raised by the Prosecution on appeal was whether the Trial Chamber erred as a. matter of fact in finding the absence of Abortion and the Essay attacks directed against a civilian population. Supply! In. reviewing the Trial Chambers findings that attacks were not directed against any civilian. population, the Appeals Chamber first noted that this conclusion was devoid of and the Constitution Essay articulation of. its reasoning and grimm, that the Trial Chamber misdirected itself when applying the [legal] principle. it had already stated, by and the Constitution, confusing the target of the attack with the purpose of the attack.

When. the target of the attack is the civilian population, the purpose of that attack is immaterial.27. While this latter statement is certainly true, the Appeals Chamber put the cart before the horse. The issue before both the Trial and the Appeals Chamber was whether a civilian population was. the target, and supply management, the purpose of the attack can be evidentially relevant in adducing whether this is and the Essay 24 Kings Dissenting Opinion, paras. 28-9. 25 CDF Indictment, para. 19. 27 CDF Appeal Judgment, paras. 298, 300. the case; only if and when it is define trials found that a civilian population was the target, does the Constitution, purpose.

of the grimm, attack lose its relevance and become immaterial. In other words, the purpose of the attack. is material to whether a civilian population is the target but only becomes immaterial when a. civilian population is the Abortion and the California Constitution Essay, target. The Appeals Chamber then reviewed the record with respect to each attack and found sufficient. evidence of targeted attacks against civilians as a group or population. Of particular importance. for the bad conscience, Appeals Chamber was the Trial Chambers own finding that there were incidents when. the CDF or the Kamajors committed crimes after combat operations against the AFRC had.

The Appeals Chamber thus granted the Prosecutions submission of an error of. fact and reversed the Abortion California Constitution, acquittals on the basis of its own findings of fact. This is of conformity particularly. important if one considers the and the, rationale behind and normative desirability of appellate review of. acquittals, addressed below.

Justice King dissented as to whether the attacks by the CDF and Kamajors were in fact directed. against any civilian population. He disagreed with the The Causes of Typhoid, Appeals Chambers findings that in. Tongo, Bo, Kenema and Korbondo, the Kamajors and the CDF engaged in California Essay, attacks directed. against the civilian population. He first considered whether attacks in these areas had a military.

objective, and supported the Trial Chambers findings, for example, that these attacks were. military operations against in everyday life, rebels in Tongo and that there were only eleven civilian casualties in. Although this is never fully elaborated, Justice King could have further argued that. such attacks cannot be considered directed against a civilian population, because they were. military operations not directed against civilians per California Constitution Essay, se (so do not satisfy the systematic or policy. requirement for CAH), and the extent of civilian casualties was not sufficiently widespread to. constitute a crime against humanity (under the alternative widespread requirement). Justice King argued that the Trial Chamber looked for relevant legal authority and principles and.

applied those principles to the factual findings made. Essay! He thus disagreed with the Abortion and the California Essay, Appeals. Chambers contention that the Trial Chambers opinion is devoid of articulation of its. He also disagreed with the Prosecutions charge that it is apparent from the Trial. Chambers findings that it considered, as a matter of law, that an supply chain attack is not directed against. the civilian population if civilians are attacked in Abortion, the course of attacks directed against opposing 28 CDF Appeal Judgment, para. 305; CDF Sentencing Judgment, para. 85. forces, a contention that a majority of the Appeals Chamber also rejected.29 Justice King. argued that this view cannot be attributed to the Trial Chamber, because it did examine the.

evidence and then arrived at the conclusion that the evidence did not prove beyond a reasonable. doubt that the civilian population was the primary - as opposed to an incidental - object of the. Justice King also did not agree with the Appeals Chambers view that the Trial Chamber. confused the target of the wal mart management, attack with the purpose of the Abortion California Constitution Essay, attack.30 For Justice King, the Trial. Chamber was actually saying that the Prosecution had not proven that the civilian population was. the primary object or target of the attack, and that there was substantial evidence supporting a. finding the primary object was the AFRC and nervous of cnidarians, its allies (a military target) and not the civilian. population.31 Though Justice King never explicitly makes this point, he could have argued that. while the purpose of the attack may not be determinative, it is in fact entirely relevant to. establishing the target of the attack, given that the objective or purpose of Abortion Constitution Essay a particular attack. partly determines the objects or targets against examples, which it is Abortion Constitution Essay directed.

This is especially relevant in. ascertaining whether the contextual requirements for CAH - a widespread or systematic attack. against any civilian population - have been established. Justice Kings dissent partially derives from the role he argued the Appeals Chamber should. adopt in reviewing findings of salem fact, particularly on appeals from acquittals. For Justice King, the. Appeals Chamber should not usurp the Trial Chambers power to enter findings of fact in the. first instance, because it has not heard the evidence and Abortion California Constitution, it might select pieces of evidence which. tend to support its findings of fact, whereas countervailing evidence may, in the circumstance, not be given the weight that the Trial Chamber, which saw and heard the witnesses, gave to it.32. Thus the Appeals Chamber should largely defer to the Trial Chambers findings of fact, and it is.

only where the evidence relied on by the Trial Chamber could not reasonably have been. accepted by any reasonable person that the Appeals Chamber can substitute its own finding for. that of the Trial Chamber.33 This is particularly true when the Appeals Chamber is considering. an appeal from an acquittal. While legally, under international law, an nervous of cnidarians appellate court can. reverse an acquittal on the basis of errors of law and Abortion California Essay, fact, from a normative point of view one 29 Prosecution Appeal Brief, para. Salem Trials! 2.16. 30 CDF Appeal Judgment, para. 304. 31 Kings Dissenting Opinion, para.

53. 32 Ibid., para. 44. 33 Kings Dissenting Opinion, para. 55, quoting ICTY Delalic et al, Appeal Judgment, para. And The California Constitution Essay! 458. can argue that it should be especially careful in doing so solely on the basis of errors of of conformity life fact, given that this conflicts with the idea of double jeopardy in Abortion and the California Constitution Essay, some legal systems.

While civil and common law systems differ substantially in the scope of appeals permitted, if. one reviews the various proposals put forth during the drafting of the ICTY Statute, on which the. SCSL Statute is largely based, only one proposal put forth by the Organization of the Islamic. Conference suggested that prosecutorial appeals should be permitted on both issues of law and. fact.34 The majority of the proposals either suggested no basis for prosecutorial appeals, or that. such appeals should be limited to reviewing errors of law. With no clear rationale or.

commentary, but arguably to appease all of the nervous system of cnidarians, negotiating parties, the adopted ICTY Statute. provided for Abortion and the, a wide scope of appeal for both the prosecution and the defense. supports the idea of a broad provision of equality of arms. However, the examples of conformity in everyday life, primary justifications. for appellate review in ad hoc tribunals, namely consistency of decisions and the development of. law, do not usually apply to appellate review of findings of fact, given that factual decisions have. little if any relevance beyond the individual case.35.

Common law systems generally do not allow factual review of acquittals in trials by a jury or. bench trials, since this violates the presumption of innocence. Civil law systems vary depending. on the structure and Abortion Essay, trial process of their lower and upper courts. One justification put forth for a. broad scope of appellate review is justice in the individual case. Appellate review of factual. issues in the case of reviews of convictions certainly does further the interest of justice in grimm, the. individual case, given the severity of the Abortion California Essay, punishment that accompanies a conviction. It is. debatable whether appellate review of The Causes Fever factual issues in Abortion Essay, the case of acquittals also furthers this. interest.

For example, if the appellate court reaches a different conclusion regarding the chain management, facts, this in itself might demonstrate reasonable doubt, indicating that the prosecution has not. fulfilled its burden of proof. California Constitution! In the ad hoc courts, an acquittal by a three-judge panel is arguably. less likely to be subject to of Typhoid Fever Essay, evidentiary misunderstandings than a jury verdict or a verdict by a. single judge, and thus the practical need for prosecutorial appeals from acquittals on questions of. fact is reduced.36. In fact, if any error in interpreting or evaluating the evidence is made, it is more. likely to be made by the Appeals Chamber, which is further from the record and the witnesses. 34 See Mark C. Abortion California! Fleming, Appellate Review in the International Criminal Tribunals, 37 Texas International Law. Journal (2002): 111-155, at 118-19. 35 Ibid., pp. 135-6.

36 It should be noted that this criticism does not apply to nervous system of cnidarians, prosecutorial appeals on issues of fact where the defendant. bears the burden of proof, for instance if the Trial Chamber acquitted on the basis of an Abortion and the Essay insanity defense. One commentator has argued that the define salem trials, legitimacy of the international tribunals, which relies in. large part on and the California Constitution, their ability to deliver fair justice through fair procedures, could be compromised if. the accused is in danger of being convicted as long as one of two chambers concludes that he is. guilty.

The interest in preserving justice in the individual case recommends that a conviction. stand only if both chambers agree that a conviction is reasonable in light of the evidence.37. because Article 20 of the Statute of the SCSL provides for a broad scope of prosecutorial appeal. on acquittal does not in itself normatively justify appellate review of questions of fact in the case. of an acquittal and does not lessen the severity of the criticisms levied against this practice. While in the near future, a broad scope of prosecutorial appeal is likely to be retained in supply management, the ad. hoc tribunals, it is an issue underpinning Justice Kings dissent in the CDF Appeal Judgment and. one that deserves further consideration as international criminal procedure develops. Mitigating Factors in Sentencing Decisions: CDFs Just Cause and Abortion California Constitution, Motive of Civic Duty. The sentencing inquiry undertaken by Trial Chambers in the ad hoc tribunals entails wide.

discretion and examples of conformity, is similar to California, that in common law countries, where there are no fixed penalties and. courts are not constrained by previous sentences that have been handed down. Instead, sanctions. are purportedly tailored to fit the wal mart supply, unique circumstances of each offence and the individual. circumstances of the offender. Central to this inquiry is the California Essay, principle of proportionality - that the. severity of the sanction should be commensurate with the gravity of the offence.38. the length of a sentence, a Trial Chamber is first required to establish a penalty proportionate to. the seriousness of the crime and then required to bad conscience, take into Essay account any individualized. aggravating and mitigating circumstances, though the ad hoc tribunals have rarely indicated the. weight given to each consideration.

The aggravating circumstances should be proven beyond. reasonable doubt, while mitigating factors may include those not directly related to the offence. and only need to be established by a balance of probabilities.39. Although the tribunals have proffered a number of rationales for sentencing, their decisions. rarely elaborate on how the sentences imposed will actually further these objectives. Grimm Afterimage! As some. commentators argue, international sentencing law is so indeterminate that sentencers are free to 37 Fleming, p. 140. 38 For an overview of the sentencing practices of the ad hoc tribunals, see Mirko Bagaric and Abortion Constitution Essay, John Morss, International Sentencing Law: In Search of Justification and a Coherent Framework, 6 International Criminal Law. Review (2006): 191-255. 39 See, for example, Prosecutor v. The Causes Of Typhoid Fever! Dragan Nikolic, Sentencing Judgment, ICTY Trial Chamber II, Case No.

IT-94-2- S (18 December 2003), para 145. switch from Abortion California Constitution Essay one rationale to another as they choose.40. Another commentator has suggested that. international sentencing practices may actually undermine the system of cnidarians, legitimacy of the international. criminal justice system and its contribution to local or more holistic processes of transitional. justice, by not adequately relating the outcomes of and the California Constitution international sentencing to local perceptions. of justice.41 Supporting this skepticism is the chain, fact that it is difficult to empirically substantiate.

claims that international sentences do in and the, fact contribute to the rationales often advanced, such as. peace, reconciliation, retribution or deterrence. This implies that the gap between what victims. and victimised communities perceive as justice and what passes as international criminal justice Though it is life debatable whether this critique can really be generalized to all ad hoc. tribunal decisions, the difficulty of Abortion Essay relating an internationalized form of justice in the form of. international sentences to the local context of Sierra Leone is particularly apparent in the diverse.

reactions by Sierra Leoneans to the CDF Appeals Judgment. The Trial Chamber in the CDF case held, with Justice Bankole Thompson dissenting, that there. was no defense of nervous system of cnidarians necessity in international criminal law, and that necessity could not be. taken into account as a mitigating factor in sentencing. However, the Trial Chamber did. consider as mitigating factors that the Defendants and the CDF/Kamajors were fighting to. support a legitimate cause which. was to Abortion and the California Constitution Essay, restore the democratically elected government of.

President Kabbah, that they fought with the support of grimm ECOMOG, and and the California Constitution Essay, that this contributed. immensely to re-establishing the rule of law.43 It also concluded that the contribution of the. two Accused Persons to the establishment of the much desired and awaited peace in Sierra Leone. and the examples life, difficult, risky, selfless and for a very sizeable number of their CDF/Kamajors, the. supreme sacrifices that they made to achieve this through a bloody conflict, is in itself a factor. that stands significantly in mitigation in their favour.44. With regard to and the Essay, motive of define witch trials civic duty, it. found that the Defendants did not join the conflict for Abortion and the California Constitution Essay, selfish reasons and that they acted from. a sense of civic duty rather than for personal aggrandizement or gain.45. 40 Bagaric and Morss, at The Causes and Effects, 208.

41 Ralph Henham, International Sentencing in the Context of Collective Violence, 7 International Criminal Law. Review (2007): 449-468, at Abortion and the California Constitution, 451. 43 CDF Sentencing Judgment, paras. 79, 83, 87. 44 Ibid., para.

91. 45 Ibid., para. 94. On appeal, the examples in everyday, Prosecution alleged ten errors of the Abortion and the California Essay, Trial Chamber in its sentencing decision. The Appeals Chamber gave credence to only one alleged error, that of treating the just cause of the Accused as a mitigating factor and considering motive of civic duty.46 The Prosecution.

submitted that the Trial Chamber effectively found that fighting on the right side of a conflict. could serve as a mitigating factor in sentencing, and that accepting the so-called justness of the. party to the conflict during mitigation would almost certainly lead to system of cnidarians, a total disregard for. humanitarian law.47 The Prosecution finally submitted that the Trial Chambers treatment of. motive of civic duty as a mitigating factor was also based on an assumption that the Defendants. were fighting on the right side of the conflict. In response, the Defense for Fofana submitted that motives of either so-called just cause or. civic duty are part of the Constitution Essay, factual and supply chain, contextual differences that the Trial Chamber must. consider in Abortion and the California Constitution, individualizing the punishment, and that the life, Trial Chamber didnt consider whether. the Defendant fought on the right side of the conflict per se, but merely whether he had a good. motive.48 The Defense for Kondewa also submitted that because an evil motive can be.

considered an aggravating factor in sentencing decisions, a good motive can similarly be. considered a mitigating factor.49. The Appeals Chamber first noted that as a general matter, motive may be considered for. sentencing purposes, although it does not constitute a defense against criminal liability. This is.

supported by the fact that the ICTR, to which the SCSL may refer for sentencing practices, often. considers the character and and the Constitution Essay, motive of the accused during the conflict as a mitigating factor.50. However, the Appeals Chamber then argued that the political motive of just cause had no place. in international criminal justice, and that international humanitarian law specifically removes a. partys political motive and the justness of a partys cause from consideration.51 While this is. certainly true, political motives only have no place in international humanitarian law when.

considering the guilt or innocence of the accused. Though the chain management, ad hoc tribunals generally render. their judgments and sentencing decisions together, for reasons of procedural efficiency, 46 Prosecution Appeal Brief, para. Abortion Constitution! 4. 47 Prosecution Appeal Brief, para. 9.39. 48 Fofana Response Brief, paras. 193-6. 49 Kondewa Response Brief, paras. 9.38-9.39, citing Blaskic Trial Judgment, para.

785. 50 For an overview of the sentencing practices of the ICTR, see the Human Rights Watch report on Charging, 51 CDF Appeals Judgment, para. 530-1. sentencing decisions are discrete and independent judgments that take into account different. factors than judgments concerning the guilt or innocence of the accused.52. The Appeals Chamber further argued that any motive considered by the Trial Chamber must be. consistent with sentencing purposes, referring to those legitimate rationales elaborated by the. ICTY, which include: individual and general deterrence; retribution; public reprobation and.

stigmatization by the international community; and rehabilitation. The Appeals Chamber. considered the primary objectives to be retribution and deterrence.53 It argued that allowing. mitigation for the personal motives of an trials accused would undermine the purposes of sentencing. rather than promote them, and would implicitly legitimize the unlawful conduct.54. concluding, the Appeals Chamber noted that the and the California Constitution Essay, most important consideration in sentencing is. the revulsion of system mankind, represented by the international community and Abortion and the California Essay, not the in everyday life, tolerance. by a local community of the crime; or lack of public revulsion in Abortion and the, relation to the crimes of such. community; or local sentiments about the persons who have been found guilty of the wal mart supply chain, crimes.55.

Thus, the Appeals Chamber held that the Trial Chamber erred by considering just cause and. motive of civic duty as relevant factors in its sentencing decision, and that the Appeals. Chamber had the Abortion and the Constitution, ability to revise these sentences. Justice King dissented on both issues, arguing. that the grimm, Appeals Chamber interfered with the discretion afforded to the Trial Chamber in. determining the appropriate penalties. Justice King argued that the Trial Chamber did not take into account just cause as a mitigating. factor, but rather what the Defense had in fact pleaded - that the fighting was mobilized in California Constitution Essay, order. to restore the democratically elected government of. President Kabbah, without implying any.

normative evaluation about whether this end was just.56 The Trial Chamber Justices. themselves only examples of conformity in everyday mentioned the phrase just cause in rejecting the defense of necessity raised by. Justice Bankole Thompson in and the Essay, his Dissenting Opinion. Justice King thus appeared to be arguing. (a) that the Defense never pleaded just cause as a mitigating factor, and thus the Trial Chamber.

did not consider it as such; and (b) that when the Trial Chamber considered the argument that the. CDF and the Kamajors were fighting to nervous system of cnidarians, restore the democratically elected government as a 52 For this argument, see Ralph Henham, Procedural justice and California Essay, human rights in international sentencing, 4. International Criminal Law Review (2004): 185-210. 53 Ibid., para. 532. 54 Ibid., para. 534. 55 Ibid., para. 564. 56 Kings Dissenting Opinion, para.

107. mitigating factor, this is not equivalent to considering a just cause argument because the Trial. Chamber was considering the personal reasons for and Effects Fever, fighting held by the accused as individuals. and not necessarily the political justness of the collective cause. In Justice Kings opinion, a. reasonable person would conclude that the Trial Chamber took into account both the gravity of.

the offence and the individual circumstances of the accused, and so correctly applied Article 19. of the Statute of the SCSL.57 For this reason, he dissented with the Majoritys view that the Trial. Chamber took into consideration factors that it should not have considered in exercising its. sentencing discretion, and so the Appeals Chamber did not have the right or the power to. substitute its own discretion.

The essence of the Abortion California, disagreement between the majority of the Appeals Chamber and Justice King. relates to whether the mitigating factors considered by the Trial Chamber were personal motives. or factors, which are entirely pertinent to of cnidarians, sentencing decisions, or collective and effectively. political motives that do not enter into and the Essay determinations of penalties. One could argue that the. Appeals Chamber was so concerned with preserving the examples in everyday, appearance of impartiality and avoiding. a perception of victors justice that it entirely refused to consider the guilt of the CDF relative. to the other parties of the conflict. It is perhaps for this reason that the CDF Appeals Sentencing.

Decision gave rise in some circles to the perception of a gap between internationalized justice and local justice. However, the and the Constitution, fact that the Appeals Chamber strove to avoid the perception of. victors justice in and of itself is a laudable undertaking. Yet in doing so, the Court overlooked. the fact that the SCSL is required to bad conscience, take into account individual factors that bear - not on the. relative guilt or innocence of the Abortion Constitution Essay, accused - but on and Effects of Typhoid, the extent of their punishment. majority of the Appeals Chamber appears to and the California, have reached an appropriate judgment in afterimage, deciding. that the justness of a partys reasons for fighting is not relevant to sentencing, the personal. reasons of the accused for fighting - in the descriptive sense - should bear on his or her conduct. during the conflict and thus act as an individualized mitigating factor during sentencing.

In the. future, the ad hoc tribunals should be careful to clearly differentiate between collective political. motives - such as a just cause - and these personal political motives that bear on the conduct of. the accused during the conflict. 57 Ibid., para. 115-116. Prosecutor v. Abortion And The California! Tihomir Bla#61676;kic, Judgment, ICTY Trial Chamber, Case No.

IT-95-14-T (3 March. Prosecutor v. In Everyday Life! Fofanah and California Constitution Essay, Kondewa, Judgment, SCSL Appeals Chamber, Case No. SCSL-04- 14-A (May 28, 2008). Prosecutor v. Kayishema and Ruzindana, Judgment, ICTR Trial Chamber, Case No. And Effects Of Typhoid! ICTR-95-1- Prosecutor v. Kunarac et al., Judgment, ICTY Trial Chamber, Case No. IT-96-23-T IT-96- 23/1-T (22 February 2001). Prosecutor v. Kunarac et al., Judgment, ICTY Appeals Chamber, Case No. IT-96-23 IT-96-

23/1-A (12 June 2002). Prosecutor v. Mrksic and Others (Vukovar Hospital Case), Judgment, ICTY Trial Chamber II, Case No. IT-95-13/1 (27 September 2007). Prosecutor v. Dragan Nikolic, Sentencing Judgment, ICTY Trial Chamber II, Case No. IT-94-2- S (18 December 2003). Prosecutor v. Norman, Fofanah and Kondewa, Judgment, SCSL Trial Chamber I, Case No.

SCSL-04-14-J (August 2, 2007). Articles and Books. Mirko Bagaric and John Morss, International Sentencing Law: In Search of Abortion and the Constitution Essay Justification and a. Coherent Framework, 6 International Criminal Law Review (2006): 191-255. Anthony Cassese, International Criminal Law (Oxford: Oxford University Press, 2003). Mark C. Afterimage! Fleming, Appellate Review in the International Criminal Tribunals, 37 Texas. International Law Journal (2002): 111-155. Ralph Henham, International Sentencing in the Context of California Constitution Collective Violence, 7 International. Criminal Law Review (2007): 449-468. Ralph Henham, Procedural justice and human rights in international sentencing, 4. International Criminal Law Review (2004): 185-210.

Kriangsak Kittichaisaree, International Criminal Law (Oxford: Oxford University Press, 2002). Gunal Mettraux, Crimes Against Humanity in the Jurisprudence of the International Criminal. Tribunals for the Former Yugoslavia and for Rwanda, 43 Harvard International Law Journal. Steven R. Ratner and Jason S. Abrams, Accountability for of cnidarians, Human Rights Atrocities in. International Law: Beyond the Nuremberg Legacy, 2nd Ed. (Oxford: Oxford University Press, About the Author. Cosette Creamer is a J.D.-Ph.D. candidate at Harvard University, Department of Government. and worked as a legal intern for the Sierra Leone Court Monitoring Program during the Summer. The publication of California this essay has been financed by the Open Society Initiative for West. Africa (OSIWA). The Contents of this Publication are entirely the sole responsibility of.

the Sierra Leone Court Monitoring Programme. Sierra Leone Court Monitoring Programme. 30 Wellington Street, Freetown, Sierra Leone. Tel: +232 (0)33 445 287. Photo: The late Hinga Norman, former head of Sierra Leones CDF. A new approach in of cnidarians, an imperfect world. Commentary By J Boima Rogers, Oxford, UK.* The current Syrian quagmire which has spilled over to Abortion California Constitution Essay, Europe in the form of the refugee crisis gives grounds (. ) Analysis | September 2015 | 8539 views. Ebola persists but raging heads fight about politics. By Titus Boye-Thompson, Freetown, Sierra Leone. It is a shame that while Ebola rages in Freetown and the North of Sierra Leone some still fail to have a (. ) Analysis | June 2015 | 8660 views. Credit: Pambazuka News By Karim F Hirji, Tanzania* Retired Professor Hirji, a book addict, has bought copies with frayed, half-torn or missing pages.

He (. ) Analysis | December 2014 | 9111 views. Toronto: Historic APC-Canada branch inauguration at Taj banquet hall. Freetown: RainboCenter may close down soon. JFK makes Commercial Law a priority. Sierra Leone: Threat to peaceful co-existence. Update on afterimage, APC-Canada inauguration September 30.

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