Jessup 2008

The authors of the 2008 Jessup Compromis have selected these materials with the expectation that the materials will prove interesting and enlightening in the context of the current year's problem. Inclusion of any particular text in the Basic Materials does not entail that the content of the text is binding as international law or reflects current prevailing theory or practice. Please note that teams are NOT required to use these materials. They are being provided to teams as a guide and starting point for research. As always, participants are encouraged to conduct their own research outside of the scope of these Basic Materials.

The documents included in the first batch of Basic Materials are as follows:

1. Statute of the International Court of Justice


2. Charter of the United Nations


3. Vienna Convention on the Law of Treaties


4. Geneva Convention Relative to the Treatment of Prisoners of War
• Geneva Convention relative to the Protection of Civilian Persons in Time of War
• Protocol I to the Geneva Conventions
• Protocol II to the Geneva Conventions
5. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment


6. International Covenant on Civil and Political Rights


7. U.N. General Assembly Resolution 49/60 (1994)


8. U.N. General Assembly Resolution 59/191 (2004)


9. U.N. Security Council Resolution 1368 (2001)
• Meeting Record Associated with S.C. Resolution 1368 (2001)
10. U.N. Security Council Resolution 1373 (2001)
• Meeting Record Associated with S.C. Resolution 1373 (2001)
11. U.N. Security Council Resolution 1526 (2004)
• Meeting Record Associated with S.C. Resolution 1526 (2004)
12. U.N. Security Council Resolution 1566 (2004)
• Meeting Record Associated with S.C. Resolution 1566 (2004)
13. U.N. Security Council Resolution 1617 (2005)
• Meeting Record Associated with S.C.Resolution 1617 (2005)

Below is a list of the second batch of Basic Materials provided in connection with the 2008 Philip C. Jessup International Law Moot Court Competition.

The authors of the 2008 Jessup Compromis have selected these materials with the expectation that the materials will prove interesting and enlightening in the context of the current year's problem. Inclusion of any particular text in the Basic Materials does not entail that the content of the text is binding as international law or reflects current prevailing theory or practice. Please note that teams are NOT required to use these materials. They are being provided to teams as a guide and starting point for research. As always, participants are encouraged to conduct their own research outside of the scope of these Basic Materials.

1. Nicaragua v. United States Of America, Case Concerning The Military And Paramilitary Activities In And Against Nicaragua, Judgment on the Merits, International Court of Justice (June 27, 1986)
   
   
2. Democratic Republic of the Congo v. Belgium, Arrest Warrant of 11 April 2000, International Court of Justice (February 14, 2002)
   
   
3. The Israel Wall Opinion, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, International Court of Justice (July 9, 2004)
   
   
4. Prosecutor v. Tadic, Case No. IT-94-1, Decision on the Defense Motion for Interlocutory Appeal on Jurisdiction, ICTY Appeals Chamber (Oct. 2, 1995)
   
   
5. Prosecutor v. Nikolic, Case No. IT-94-2-AR73 , Decision on Interlocutory Appeal Concerning Legality of Arrest, ICTY Appeals Chamber (June 5, 2003)
   
   
6. Abella v. Argentina, Case No. 11.137, Inter-American Commission on Human Rights (November 18, 1997)
   
   
7. United States v. Alstoetter (The Justice Cases), Nuremberg Tribunal (1948)
   
   
8. Pinochet Case, Regina v. Bartle and others ex parte Pinochet Ugarte , Regina v. Evans and others ex parte Pinochet Ugarte (No 3), United Kingdom House of Lords (March 24, 1999)
   
   
9. Rasul v. Bush, United States Supreme Court , 542 U.S. 466, 124 S.Ct. 2686 (June 28, 2004)
   
   
10. Hamdan v. Rumsfeld, United States Supreme Court, 126 S. Ct. 2749 (June 29, 2006)
    
    
11. Draft Comprehensive Convention against International Terrorism, UN Doc. A/59/894. App. II (12 Aug. 2005)
    
    
12. Michael Scharf, Defining Terrorism as the Peacetime Equivalent of War Crimes: Problems and Prospects, 36 Case Western Reserve Journal of International Law 359 (2004)
    • Westlaw Citation: 36 CWRJIL 359
    • Lexis Citation: 36 Case W. Res. J. Int'l L. 359
      
      
13. Leila Sadat, Extraordinary Rendition, Torture, and Other Nightmares from the War on Terror, 75 George Washington Law Review 1200 (2007)
    • Westlaw Citation:75 GWLR 1200
    • Lexis Citation: 75 Geo. Wash. L. Rev. 1200
      
      
14. Jordan Paust, Executive Plans and Authorizations to Violate International Law Concerning Treatment and Interrogation of Detainees, 43 Columbia Journal of Transnational Law 811 (2005)
    • Westlaw Citation: 43 CLMJTL 811
    • Lexis Citation: 43 Colum. J. Transnat'l L. 811