The Problem of War | Interim 2012 

Tribunal (35% of course grade: 20% written, 10% oral, 5% peer evaluation)

A large portion of your work this term will be devoted to presenting a case before a fictitious Transhistorical International War Ethics Tribunal (TIWET). In teams of four or five, you will research a particular historical event, analyze the actions of institutional and state actors involved, and present an argument before the Tribunal concerning the moral culpability of those actors. Descriptions of the cases can be found here: Tribunal I, Tribunal II, Tribunal III, Tribunal IV, Tribunal V.

Writing a Brief

You will be part of either the Prosecution or Defense Team in a case that we will assign to you. Both teams will submit a single brief (explaining the charge, the historical and military context, any relevant evidence, and the conclusions of the team) by 12 am the night before the trial.The brief should be submitted to the class alias so that everyone involved in the trial has access to it. The brief must include all evidence and argumentation that will be presented at the trial. Anything not included in the brief will be impermissible during the trial. This brief should be at least five pages long and include four sections labeled (1) Historical Context and Contemporary Parallels, (2) Moral and Ethical Issues, (3) Argument Concerning Culpability, and (4) References Cited.

To do well on this assignment, you will need to show that you not only know all of the facts of the case but are also able to address the larger moral issues involved. This tribunal is not aimed at determining strictly legal guilt or innocence, but ethical culpability. You will need to present a persuasive argument supported by at least three scholarly sources (scholarly monographs or journal articles cited correctly and listed in a references section at the end of the paper). A persuasive argument will need to take into account plausible counter-arguments.

Arguing your Case

In addition to submitting a brief, your team will also argue your case in front of the entire Tribunal (which will consist of the rest of the class).Team members should wear appropriate attire for the Tribunal and present their case in a professional manner. If you plan to use audio/visual materials, please inform your instructors prior to the trial day.

Prosecution/Defense Team Responsibilities During Trial (every member must speak)

1. Initial presentation (1-2 students)

2. Cross-examination (1 student)

3. Response to all questions (1 student)

4. Final argument (1 student)

TIWET Trial Procedures

1. Prosecution presents indictment, explaining the context of the action, and offering evidence of moral and ethical wrongdoing (15 minutes)

2. Tribunal asks Prosecution clarifying questions (5 minutes)

3. Defense team responds to indictment, describing alternative context, explain mitigating circumstances, or offering counter-evidence (15 minutes)

4. Tribunal asks Defense Team clarifying questions (5 minutes)

5. Prosecution cross-examines Defense Team (5 minutes)

6. Defense team cross-examines Prosecution (5 minutes)

7. Prosecution offers final arguments (5 minutes)

8. Defense team offers final arguments (5 minutes)

9. Prosecution and Defense Teams exit and Tribunal deliberates and votes (15 minutes)

10. The Speaker for Tribunal presents decision to Prosecution and Defense Teams.

(each team will also have a total of 5 minutes prep time to be used during the trial)

The following acts constitute culpable actions within the jurisdiction of the TIWET:  

(a) CRIMES AGAINST PEACE: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing;

(b) WAR CRIMES: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity;

(c) CRIMES AGAINST HUMANITY: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated. (Actual wording from the Charter of the International Military Tribunal (1945) II.6).

To get credit for this assignment, you must submit your brief on time (12 am on the night before the trial) and participate in the trial (absences will result in no credit for participation). Your Tribunal Grade will consist of 35% of your course grade (20% of which will be the brief, 10% trial, and 5% peer review).