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The Nuremberg Principles in Non-Western Societies a Reflection on Their Universality, Legitimacy and Application

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The Nuremberg Principles in Non-Western Societies a Reflection on Their Universality, Legitimacy and Application INTERNATIONAL NUREMBERG PRINCIPLES ACADEMY 1 The Nuremberg Principles in Non-western Societies A Reflection on their Universality, Legitimacy and Application Ronald Slye (ed) Published by the International Nuremberg Principles Academy (2016) The Nuremberg Principles in Non-western Societies: A Reflection on their Universality, Legitimacy and Application Edited by RONALD SLYE i About the International Nuremberg Principles Academy The International Nuremberg Principles Academy (Nuremberg Academy) is a foundation dedicated to the advancement of international criminal law. It is located in Nuremberg, the birthplace of modern international criminal law, and is conceived as a forum for the discussion of contemporary issues in the field. The mission of the Nuremberg Academy is to promote the universality, legality and acceptance of international criminal law. The foundation´s main fields of activity include interdisciplinary research, trainings and consultant services specially tailored to target groups, and human rights education. The Nuremberg Academy places a special focus on the cooperation with countries and societies currently facing challenges related to international criminal law. The Nuremberg Academy was founded by the German Foreign Office, the Free State of Bavaria and the City of Nuremberg. The opinions expressed in this publication are solely those of the authors and do not reflect the views of the institutions the authors are affiliated to or of the International Nuremberg Principles Academy. International Nuremberg Principles Academy Egidienplatz 23 90403 Nuremberg, Germany Tel + 49 911 231 10379 Fax + 49 911 231 14020 [email protected] www.nurembergacademy.org © 2017 International Nuremberg Principles Academy ii Acknowledgments The contributions to this publication were originally presented as part of a conference sponsored by the International Nuremberg Principles Academy honouring the seventieth anniversary of the verdict of the Nuremberg Trials. The conference, “The Nuremberg Principles 70 Years later: Contemporary Challenges,” was launched in the historic courtroom 600 of the Justice Palace in Nuremberg, Germany. The conference brought together leading academics and practitioners in the fields of international criminal law and transitional justice to explore the relationship between the Nuremberg Principles and the legal traditions arising out of Islam and Africa. Close to 200 participants attended the two- day conference, from November 20-21, 2015, including numerous judges, prosecutors, government officials, academics, and graduate students. This publication would thus not have been possible without the foresight, hard work, and dedication of the International Nuremberg Principles Academy, including Ambassador Bernd Borchardt, the Founding Director of the Academy. Darleen Seda, Project Officer and Assistant Researcher in International Criminal Law at the Academy, played a key role both in organizing the conference and in putting this publication together. This publication would not have been possible without her intellectual and administrative contributions. Godfrey Musila laid the groundwork for the publication, soliciting authors and beginning the editorial process. Finally, I would like to thank all of the contributors to this publication, as well as the many other individuals who participated in the conference. Our hope is that the stimulating conversations begun at Nuremberg and that continue here through this publication, will continue to challenge and inspire all of those who seek to further the universal application of the Nuremberg Principles. Ronald C. Slye Editor iii Authors Biographies Ronald C. Slye teaches law at the Seattle University School of Law. He is a recognized expert in international criminal law, transitional justice, and international human rights law, and is co-author of a best-selling casebook on International Criminal Law in the United States. From August 2009 to August 2013 he served as one of three international Commissioners with the Kenyan Truth, Justice and Reconciliation Commission. Professor Slye is a legal advisor to the Documentation Center of Cambodia, and was an international law consultant to the South African Truth Justice and Reconciliation Commission. Farhad Malekian is the founder and director of the Institute of International Criminal Law (Sweden). He is a leading academic who was a member of a delegation that participated in the establishment of the ICC. Malekian is the author of sixteen books, including on Jurisprudence of International Criminal Justice (2014) and Judgments of Love in Criminal Justice (2017), and dozens of articles. Mohamed Abdelsalam Babiker is an Associate Professor of Public International Law, founding Director of the Human Rights Centre and Head of International and Comparative Law Department at the Faculty of Law, University of Khartoum. He was a Visiting Fellow at Grey College, University of Durham, UK. Dr. Babiker holds a PhD from the University of Nottingham, UK (2005), LLB City University-London (1998), MA, SOAS, University of London (1996), BA, University of Khartoum (1994). He is a recognized expert in the fields of international criminal law, international humanitarian law and international human rights law. Dr. Babiker is the author of Application of International Humanitarian Law and Human Rights Law to the Armed Conflicts of the Sudan: Complementary or Mutually Exclusive Regimes (Intersenetia, Antwerp Oxford, 2007). He is also co-editor of Child Soldiers and Protection of Children’s Rights in Conflict and Post Conflict Environments in Central and Eastern African (L’Armatan Publishing, France, November 2013). Dr. Babiker also worked as a Legal Advisor and a Human Rights Officer with UN and AU peacekeeping operations in Sudan and a Consultant with a number of UN agencies and other international organizations and NGOs, with particular focus on Darfur. Evelyne Owiye Asaala is a lecturer of law at the University of Nairobi and is currently finalizing her PhD (out of seat) at the University of the Witwatersrand (South Africa). She holds a Master of Laws degree from the University of Pretoria (South Africa) and a Bachelor of Laws degree from the University of Nairobi (Kenya). She has previously worked or consulted with the Truth Justice and Reconciliation Commission of Kenya, the Kenya National Commission for Human Rights, and the Kenyan Task Force on Bail and Bond Policy and Guidelines. She previously served as a Lecturer of Law at Africa Nazarene University (Kenya). Evelyne is a member of the African Expert Group on International iv Criminal Law. Her areas of specialization are International Human Rights Law, International Criminal Law and Transitional Justice. Her publications can be accessed at https://uonbi.academia.edu/EvelyneAsaala/Activity. Héctor Olasolo Alonso holds the Chair in International Law and is Profesor Titular de Carrera, at the Universidad de El Rosario (Colombia). He is also Chairman and President of the Ibero-American Institute of the Hague/Instituto Iberoamericano de la Haya (IIH); a Director of the Anuario Iberoamericano de Derecho Internacional Penal; a member of the ILA Conduct of Hostilities Working Group; and an Ad Hoc Professor at the The Hague University for Applied Sciences Thomas Obel Hansen is a lecturer in law at the Transitional Justice Institute (TJI)/ School of Law at Ulster University in Belfast. Prior to joining TJI in January 2016, he was based in Nairobi for five years working as an independent consultant and as a lecturer at the United States International University. His research and teaching focuses on transitional and international justice. Prior and ongoing research projects examine issue relating to transitional justice theory; the politics and legitimacy of international justice; justifications for punishment of international crimes; the role of civil society in accountability processes; and the ICC’s complementarity regime. He is currently the principal investigator on a British Academy funded project which examines accountability processes relating to alleged British war crimes in Iraq. Thomas holds an LLM (2007) and PhD in Law (2010) from Aarhus University Law School in Denmark. Patryk I. Labuda is a Ph.D. Candidate at the Graduate Institute of International and Development Studies in Geneva. He holds an LL.M. from Columbia Law School, a Certificate of Transnational Law from the University of Geneva, and degrees in law and history from Adam Mickiewicz University. David Deng is a South Sudanese human rights lawyer. From 2010 to 2016, Deng worked as research director with the South Sudan Law Society (SSLS), a civil society organization based in Juba. At the SSLS, Deng oversaw research projects on such topics as the risks and opportunities of large-scale land investments, access to justice and justice sector reform, and the regulatory framework for petroleum and mining. Since the outbreak of conflict in South Sudan in December 2013, Deng has focused his research and advocacy on efforts to promote transitional justice and national reconciliation in that country Mia Swart is Professor of International Law at the University of Johannesburg. She previously worked as a Research Fellow at the Bingham Centre for the Rule of Law in London and as an Assistant Professor of Public International law and Global Justice at v Leiden University, from which she earned her Ph.D in 2006. She earned her LL.M. at Berlin’s Humboldt University, and was an awarded a research fellowship to the Max Planck
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