Live Seminar 39: Out with the old, in with the new: Challenges ahead for the new ICC Prosecutor

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Live Seminar 39: Out with the old, in with the new: Challenges ahead for the new ICC Prosecutor

  1. 1. Program on Humanitarian Policyand Conflict Research (HPCR)Harvard University Out with the old, in with the new: Challenges ahead for the new ICC Prosecutor December 8, 2011
  2. 2. Welcome to the 2011 IHL Forum Live Seminar Series Produced by the Program on Humanitarian Policy and Conflict Research at Harvard University Welcoming over 370 registered participants from over 70 countries Bringing in guest speakers from around the world Purpose: To promote information exchange and discussion among humanitarian professionals regarding contemporary legal and policy challenges.
  3. 3. Program on Humanitarian Policyand Conflict Research (HPCR)Harvard University Out with the old, in with the new: Challenges ahead for the new ICC Prosecutor December 8, 2011
  4. 4. Out with the old, in the with new:Challenges ahead for the new ICC Prosecutor December 8, 2011 Live Web Seminar Ms. Naz Modirzadeh Associate Director Program on Humanitarian Policy and Conflict Research at Harvard University Mr. Jamie Williamson Associate Visiting Professor of Law New England School of Law ΙBoston
  5. 5. Out with the old, in the with new: Challenges ahead for the new ICC ProsecutorThe election of the new Chief Prosecutor of the International Criminal Court (ICC)by the Assembly of States Parties is scheduled for mid-December 2011. The newProsecutor will take over from Mr. Luis Moreno-Ocampo in June 2012.As the ICC enters into its second decade of operations, the new Prosecutor will playan important role in steering the institution as it seeks to end impunity for the gravestinternational crimes.Bringing together panelists with extensive experience in international criminal justice,this Live Web Seminar will address a number of issues related to the legacy of theoutgoing Prosecutor as well as expectations for the incoming Prosecutor. Questionsfor discussion include:  What should be the priorities of the new Prosecutor?  What challenges do the current cases and situations pose for the new Prosecutor?  Can the new Prosecutor win over the many critics of the ICC?  How should the new Prosecutor shape the identity of the ICC?
  6. 6. PanelistsCecile AptelThe Fletcher School of Law and DiplomacyTufts UniversityDavid CraneSyracuse University College of LawDavid SchefferCenter for International Human RightsNorthwestern University School of Law
  7. 7. Cecile Aptel is Associate Professor of International Law at the Fletcher School of Law and Diplomacy, Tufts University. Previously, she served at the UN international tribunals for Rwanda and the former Yugoslavia (1995–2005), helped establish the War Crimes Chamber of the State Court of Bosnia-Herzegovina (2005) and the Special Tribunal for Lebanon (2006). Shehas participated in international investigations of international crimes,gross human rights violations and terrorism, including at the UNInternational Independent Investigation Commission in Lebanon. Prof.Aptel has advised on rule of law and judicial reform in severalcountries. She created and directed the International Center forTransitional Justice‘s program on children (2008-2010) and was last yearawarded the Jennings Randolph Senior Fellowship by the United StatesInstitute of Peace. Since 2008, she is Co-Chair of the International BarAssociation‘s War Crimes Committee. Her research focuses uponinternational criminal law, transitional justice and child rights.
  8. 8. The new ICC Prosecutor: challenges ahead Prof. Cecile AptelThe Fletcher School of Law and Diplomacy Tufts University
  9. 9. A new ICC Prosecutor  The term of office of the current prosecutor, Luis Moreno- Ocampo, expires in June 2012.  Fatou Bensouda will be formally appointed on December 12, 2011, to replace him.
  10. 10. Continuity or change?
  11. 11. Some of the challenges ahead  Mobilize support in Africa  Look beyond Africa  Relationship with the UN Security Council  Address the ‗impunity gap‘
  12. 12. The ICC Signatories (orange) – with ratification (green)Signatories (orange) – with ratification (green)
  13. 13. Professor David Crane was appointed a professor of practice at Syracuse University College of Law in the summer of 2006, where he teaches international criminal law, international humanitarian law, and national security law. Prior to that time he was a distinguished visiting professor for the 2005 academicyear. From 2002-2005 he was the founding Chief Prosecutor of theSpecial Court for Sierra Leone. Professor Crane served over 30 yearsin the federal government of the United States.Professor Crane is also a member of the faculty of the Institute forNational Security and Counterterrorism, a joint venture with theMaxwell School of Public Citizenship at Syracuse University.Professor Crane is on the leadership council of the American BarAssociation‘s International Law Section and currently serves as a co-chair on the sections International Criminal
  14. 14. The International Criminal Court and Modern International Criminal LawIs the justice we seek the justice they want? A Case Study The Special Court for Sierra Leone Professor David M. Crane Syracuse University College of Law
  15. 15. A Bold New Experiment in International Criminal Justice…A response to a horrific conflict… Caused by a joint criminal enterprise backed by warlords, politicians, and international criminals for their own personal criminal gain. Main causation—A ten year geopolitical plan to control all of West Africa. Cornerstone—Natural resources…diamonds, gold, timber Main backers—Libya, Burkina Faso, Liberia Main combatants—The RUF, CDF, AFRC The results—Two nations destroyed—Sierra Leone, Liberia 1.2 million West Africans murdered, raped, maimed and mutilated!!!The Request… A letter from the President of Sierra Leone to the UN SG—2000The Response—International mandate (UNSC Res 1315 Aug 2000) and abilateral treaty between the United Nations and Sierra Leone creating theworld‘s first hybrid international war crimes tribunal.
  16. 16. The Special CourtMandate—Prosecute those who bore the greatest responsibilityfor war crimes and crimes against humanity…Organization…The Chambers—HybridThe RegistryThe ProsecutorThe Principle Defender
  17. 17. Eastern European AQ and Mafia-guns Afghanistan Victor Bout Vladimir Menin (Italy) Aziz Nasur LebanonUSA Sammy Osally Guns Belgium-diamonds Diamonds Cash Israeli Cash Diamond Dealers Blasé Campore/ Ibrahim Bah Muammar Ghadafi Hamas Burkina Faso PLA 500,000 Guns destroyed lives/ Diamonds 2.5 million cash internally Samuel displaced Charles Bokerie Taylor Cote d’voi Guns diamonds Liberia Foday Safe haven Sankoh Cash guns Sierra Leone Bombings in Kenya and OTC-Gus K Tanzania--AQ Netherlands. France Timber China cash
  18. 18. Lessons Learned…A narrow mandate is a key to success! Focused, efficient, effective, realistic and politically acceptable time frame to accomplish the mandate.A hybrid international tribunal is inherently flexible!Place the tribunal at the scene of the crimes if possible. Justice must be seen taking place for it to be understood!Outreach is a key to success. A tribunal is for and about the victims, their families, the region!The UN is important only to a limited degree.Truth (a TRC) plus Justice (a Tribunal) equals a sustainable peace!Challenges: Indifference and state support
  19. 19. The West African Example
  20. 20. At the School for the Deaf-Makeni-2004
  21. 21. Teaching Sierra Leonean soldier the law of war
  22. 22. Addressing the people of Sierra Leone-Town Hall Meeting-Waterloo--2003
  23. 23. Listening to an amputee—both arms gone—April 2003
  24. 24. Addressing the Milton Margai School for the Blind-Dec--2002
  25. 25. The future of Outreach…The International Criminal Court understands the importance ofOutreach!The Courts challenge is its location in the Hague.Regardless of the mandate of any future court (international,regional, or domestic… It must be understood that all this is for and about the victims!We must ask ourselves…Is the justice we seek the justice they want?
  26. 26. A PARTING STORY….
  27. 27. David Scheffer is the MayerBrown/Robert A. Helman Professor of Law and Director of the Center for International Human Rights at Northwestern University School of Law in Chicago. He teaches international human rights law, international criminal law, and corporate social responsibility, and is managing co-editor of the award-winning Cambodia.Tribunal Monitor. He received the Dean‘s Teaching Award for 2007-2008, andrecently was selected as one of Foreign Policy Magazine‘s ―Top Global Thinkersof 2011.‖Scheffer was U.S. Ambassador at Large for War Crimes Issues from 1997 to2001 and led the U.S. delegation in U.N. talks establishing the InternationalCriminal Court. He negotiated and coordinated U.S. support for theestablishment and operation of the International Criminal Tribunals for theFormer Yugoslavia and Rwanda, the Special Court for Sierra Leone, and theExtraordinary Chambers in the Courts of Cambodia.Scheffer graduated from Harvard College, Oxford University, and GeorgetownUniversity Law Center. His forthcoming book, All the Missing Souls: A PersonalHistory of the War Crimes Tribunals (Princeton University Press, 2012) recounts thebuilding of the tribunals in the 1990s.
  28. 28. The United States and the International Criminal Court• The UN Security Council‘s referrals to the ICC.• ICC‘s reach over nonparty nations.• The end of leadership impunity.• The crime of aggression.• What the United States can, and should do, with the ICC.• How a U.S. ratification of the Rome Statute might be crafted.
  29. 29. Questions and comments
  30. 30. Program on Humanitarian Policyand Conflict Research (HPCR)Harvard University Hosts Naz Modirzadeh Jamie Williamson Producer Elizabeth Holland Technical Director James Brockman Production Team Dustin Lewis, Christina Blunt & Anaïde Nahikian
  31. 31. PanelistsCecile AptelThe Fletcher School of Law and DiplomacyTufts UniversityDavid CraneSyracuse University College of LawDavid SchefferCenter for International Human RightsNorthwestern University School of Law
  32. 32. Humanitarian Assistance Webcast 4: NGOs’ Rights and Responsibilities for Humanitarian Access Friday, December 16, 2011 at 9:30 a.m. (Boston-EST)In recent years, humanitarian organizations have seen a rise in constraints on their access to vulnerablepopulations in times of conflict or internal disturbance. While international law provides important basesfor humanitarian NGOs to obtain access to populations in need, it also imposes clear responsibilities onhumanitarian organizations in terms of the maintenance of a neutral, independent and impartialapproach to such situations. States remain primarily responsible for the provision of emergencyassistance to their populations. However, in countries such as Pakistan or the Sudan governments areengaged in counter-insurgency campaigns and may use humanitarian access as a political tool. How thenshould organizations respond to these legal and policy constraints? The humanitarian and human rightscommunities argue that a customary norm is emerging recognizing the right of an affected population toreceive life-saving assistance, and by extension, the right of humanitarian organizations to provide suchassistance in times of emergency.REGISTRATION IS OPENCLICK THE LINK IN THE CHAT
  33. 33. Live Seminar Series 40: Regulating the Conduct of Military Personnel in Peace Operations: The Role of International Law in Curbing Impunity Thursday, January 26, 2011 at 9:30 a.m. (Boston-EST)REGISTRATION IS OPENCLICK THE LINK IN THE CHAT
  34. 34. The Live Seminars on Humanitarian Law and Policy are produced by: Program on Humanitarian Policy and Conflict Research (HPCR) Harvard University Sponsored by: For more information on the Humanitarian Law and Policy Forum, please visit: http://ihlforum.ning.com or http://twitter.com/hpcr or contact: ihlforum@hpcr.org

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