Case Closed a Prosecutor Without Borders
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Justice to the Extent Possible: the Prospects for Accountability in Afghanistan
KHAN GALLEY 1.0 11/18/2010 5:40:51 PM JUSTICE TO THE EXTENT POSSIBLE: THE PROSPECTS FOR ACCOUNTABILITY IN AFGHANISTAN Nadia Khan* I. INTRODUCTION Justice in Afghanistan, in the wake of nearly three decades of war, is a com- plicated endeavor – further complicated by the Afghan government’s recent grant of amnesty to perpetrators of past crimes. This paper will attempt to establish the prospects for accountability in Afghanistan, in light of the country’s historical cy- cles of war and violence and the recent attempts to trade justice for peace. The his- torical foundation will first be laid to demonstrate the complexities of the Afghan conflict and the fragility of the current regime. The steps that have been taken to- wards establishing a transitional justice framework are then set out to illustrate the theoretical objectives that stand in sharp contrast to the government’s actual intran- sigence to justice and accountability. The latter being demonstrated most signifi- cantly in the amnesty law signed into effect on February 20, 2007, that may ulti- mately be considered illegal at international law. However, the illegality of amnesty does not answer the question of account- ability for Afghans, since current circumstances and the government’s self-interest suggest that it will continue in effect. Thus, alternatives are considered, both do- mestically and internationally – with only one avenue producing the most realistic prospect for justice and accountability. It suggests that justice in Afghanistan is not entirely impossible, in spite of the increasing instability and in spite of the am- nesty. Although the culture of impunity in Afghanistan has been perpetuated on the pretext of peace – it has become all too clear that true peace will require jus- tice. -
Building a Legacy: Lessons Learnt from the Offices of the Prosecutors of International
Building a Legacy Lessons Learnt from the Offices of the Prosecutors of International Criminal Tribunals and Hybrid Courts International Conference 7–8 November 2013 in Nuremberg Conference Report by Viviane Dittrich Introduction The following is a report of the proceedings of the conference entitled “Building a Legacy – Lessons Learnt from the Offices of the Prosecutors of International Criminal Tribunals and Hybrid Courts” which was held at the Memorium Nuremberg Trials on 7 and 8 November 2013. This report is designed to summarize the main arguments made in each presentation and to capture the key points of discussion. We have also identified some questions that remain salient. The conference explored the timely topic of impact and legacy of the International Criminal Tribunals and Courts from the perspective of the prosecution of international crimes. As the Ad hoc Tribunals and Hybrid Courts are working towards completing their last cases and winding down, the conference provided an international forum to capture and extend the important discussions on their achieve- ments, contributions and lessons learnt regarding the selection of cases and investigations, the completion of mandates and partnerships between national and international jurisdictions. There were a number of reasons to organize a conference on this topic. Following the successful conference “Through the Lens of Nuremberg: The International Criminal Court at Its Tenth Anniversary” held in Nuremberg in October 2012 which indirectly touched upon the topic of legacy, it seemed apposite to hold a conference dedicated entirely to a discussion on the impact and legacy of the different tribunals at the international and national level. -
Fifteen Years of Outreach at the ICTY
OUTR ACH 15 years of Outreach at the ICTY A publication of the Outreach Programme, Registry, ICTY Editor-in-Chief: Giorgia Tortora Managing editor: Rada Pejić-Sremac Editors: Joanna Ellis Adwan and Nenad Golčevski The ICTY Outreach Programme Managing editors for the OTP: Kevin Hughes and Ljiljana Vodenski-Piteša is generously supported by the Graphics editor: Leslie Hondebrink-Hermer European Union. Photographs: ICTY Outreach Programme and Leslie Hondebrink-Hermer Contributors: Almir Alić, Ernesa Ademagić, Giulia Chiara, Steve Coulson, Petar Dubljević, Helena Eggleston, Amy Eussen, Petar Finci, Goran Georgijev, Amanda Molesworth, Thomas Rivière, Ana Cristina Rodríguez Pineda, Catina Tanner, Isabella Tan Hui Huang Proofreading: Joanna Ellis Adwan and Conference and Language Services Section Circulation: 1,000 copies Printed in The Netherlands, 2016 Special thanks go to all Outreach staff, past and present, who made the work of the Outreach Programme possible. The editors are especially grateful to Mr Matias Hellman, former Outreach representative, for providing insights into the early days of the Outreach Programme and his assistance in researching the Programme’s history. Last but not least, the editors would also like to thank the Principals of the Tribunal and their staff for their invaluable support they have been providing to the Programme and their endorsement of this project. This publication makes use of QR codes (Quick Response code) to expand the reading experience. Where available, these will bring you to the related webpage -
International Court of Justice (ICJ)
SRMUN ATLANTA 2018 Our Responsibility: Facilitating Social Development through Global Engagement and Collaboration November 15 - 17, 2018 [email protected] Greetings Delegates, Welcome to SRMUN Atlanta 2018 and the International Court of Justice (ICJ). My name is Lydia Schlitt, and I will be serving as your Chief Justice for the ICJ. This will be my third conference as a SRMUN staff member. Previously, I served as the Director of the International Atomic Energy Agency (IAEA) at SRMUN Atlanta 2017 and the Assistant Director (AD) of the Group of 77 (G-77) at SRMUN Atlanta 2016. I am currently a Juris Doctorate candidate at the University of Oregon School of Law and hold a Bachelor’s of Science with Honors in Political Science and a minor in Mathematics from Berry College. Our committee’s Assistant Chief Justice will be Jessica Doscher. This will be Jessica’s second time as a staff member as last year she served as the AD for the General Assembly Plenary (GA Plen). Founded in 1945, the ICJ is the principal legal entity for the United Nations (UN). The ICJ’s purpose is to solve legal disputes at the request of Member States and other UN entities. By focusing on the SRMUN Atlanta 2018 theme of “Our Responsibility: Facilitating Social Development through Global Engagement and Collaboration," throughout the conference, delegates will be responsible for arguing on the behalf of their assigned position for the assigned case, as well as serving as a Justice for the ICJ for the remaining cases. The following cases will be debated: I. -
The Hague Espace for Environmental Global Governance
I NSTITUTE FOR E NVIRONMENTAL S ECURITY Study on The Hague Espace for Environmental Global Governance Wybe Th. Douma ❘ Leonardo Massai ❘ Serge Bronkhorst ❘ Wouter J. Veening Volume One - Report May 2009 STUDY ON THE HAGUE ESPACE FOR ENVIRONMENTAL GLOBAL GOVERNANCE VOLUME ONE - REPORT May 2009 Study on The Hague Espace for Environmental Global Governance Volume One - Report Authors: Wybe Th. Douma - Leonardo Massai - Serge Bronkhorst - Wouter J. Veening Published by: Institute for Environmental Security Anna Paulownastraat 103 2518 BC The Hague, The Netherlands Tel: +31 70 365 2299 ● Fax: +31 70 365 1948 www.envirosecurity.org In association with: T.M.C. Asser Institute P.O. Box 30461 2500 GL The Hague, The Netherlands Tel: +31 70 342 0300 ● Fax: +3170 342 0359 www.asser.nl With the support of: City of The Hague The Netherlands Ministry of Foreign Affairs The Netherlands Ministry of Housing, Spatial Planning and the Environment Project Team: Wouter J. Veening, Chairman / President, IES Ronald A. Kingham, Director, IES Serge Bronkhorst, Bronkhorst International Law Services (BILS) / IES Jeannette E. Mullaart, Senior Fellow, IES Prof. Dr. Frans Nelissen, General Director, T.M.C. Asser Institute Dr. Wybe Th. Douma, Senior Researcher, European Law and International Trade Law, T.M.C. Asser Institute Leonardo Massai, Researcher, European Law, T.M.C. Asser Institute Marianna Kondas, Project Assistant, T.M.C. Asser Institute Daria Ratsiborinskaya, Project Assistant, T.M.C. Asser Institute Cover design: Géraud de Ville, IES Copyright © 2009 Institute for Environmental Security, The Hague, The Netherlands ISBN: ________________ NUR: ________________ All rights reserved. Reproduction and dissemination of material in this publication for education and other non- commercial purposes are authorised without any prior written permission from the copyright holder provided the authors and publisher are fully acknowledged. -
The International Law of War Crimes (Ll211)
THE INTERNATIONAL LAW OF WAR CRIMES (LL211) Course duration: 54 hours lecture and class time (Over three weeks) LSE Teaching Department: Department of Law Lead Faculty: Professor Gerry Simpson (Dept. of Law) Pre-requisites: Introduction to legal methods or equivalent. (Basic legal knowledge is a requirement. This would be satisfied by, among other things, Professor Lang’s LL105 course in the previous session). Introduction The following provides a course outline, list of lecture topics and sample readings. Use the list to familiarize yourself with the range and type of materials that will be used. Please note that the full reading lists and tutorial discussion questions will be provided at the start of the course. Welcome to this Summer School course in The International Law of War Crimes. The course will consist of twelve three-hour lectures and twelve one-and-a-half-hour classes. It will examine the law and policy issues relating to a number of key aspects of the information society. 1 The course examines, from a legal perspective, the rules, concepts, principles, institutional architecture, and enforcement of what we call international criminal law or international criminal justice, or, sometimes, the law of war crimes. The focus of the course is the area of international criminal law concerned with traditional “war crimes” and, in particular, four of the core crimes set out in the Rome Statute (war crimes, torture as a crime against humanity, genocide and aggression). It adopts an institutional (Nuremberg, Rwanda, the Former Yugoslavia), philosophical (Arendt, Shklar) and practical (the ICC) focus throughout. There will be a particular focus on war crimes trials and proceedings e.g. -
Methods of the International Criminal Court and the Role of Social Media
Methods of the International Criminal Court and the Role of Social Media Stefanie Kunze Northern Arizona University Flagstaff, AZ [email protected] April 2014 Introduction In the 20th century crimes against humanity and crimes of war have become more present in our conscience and awareness. The reasons are that they have become more methodical, more devastating, and also better documented. The 20th century has seen a development from international awareness of international crime and human rights violations, to the establishment of international criminal tribunals and ultimately the establishment of the International Criminal Court, and an undeniable influence of social media on the international discourse. Genocide is one of these crimes against humanity, and arguably the gravest one. With ad-hoc international and national criminal tribunals, special and hybrid courts, as well as the permanent International Criminal Court (ICC), big steps have been taken towards justice in the wake of genocide and crimes against humanity. Genocide is hardly a novel crime; it is the name that was newly coined in the mid-1900s. In fact, mass killings and possible genocide have occurred for centuries. The mass killing under Russian leader Stalin1 (Appendix A) occurred before the height of the Nazi Holocaust. Even before then, mass atrocities were committed over time, though not well documented. For instance the Armenian genocide under the Ottoman Empire, has been widely accepted as a “true” genocide, with roughly one-and-a-half-million dead.2 To this day Turkey denies these numbers.3 With the end of World War II and the end of the Nazi regime, the first international tribunals in history were held, prosecuting top-level perpetrators. -
International Criminal Tribunal for the Former Yugoslavia; International Tribunals; Prosecute and Punish; Rwanda; Special Court for Sierra Leone
Transitional Justice Institutions and Organizations 237 (Kambanda), to clarify the definition of rape in international law and hold that it could constitute genocide (Akayesu), and to pass the first genocide conviction of journalists (on Jean-Bosco Barayagwiza, Ferdinand Nahimana, and Hassan Ngeze). Its proponents thus claim that the ICTR, despite having what they assert as a limited mandate and resources, has indeed contributed to accountability, reconciliation, and peace in Rwanda and atrocity deterrence more widely, even if those achievements are not yet apparent and will be realized only in conjunction with other efforts, such as Rwanda’s national and local justice systems, including gacaca (see separate entry). Conclusion Along with the ICTY the only other ad hoc international war crimes tribunal the Security Council has established through the UN Charter’s Chapter VII authority, the ICTR represents a significant development in transitional justice. The ICTR’s ultimate success will likely be determined only after it completes its work. In the meantime, proponents and opponents alike will continue to weigh in on the tribunal’s achievements and controversies. Zachary D. Kaufman Cross-references: Congo, Democratic Republic; Gacaca Courts; Genocide; Interna- tional Criminal Court; International Criminal Tribunal for the Former Yugoslavia; International Tribunals; Prosecute and Punish; Rwanda; Special Court for Sierra Leone. Further Readings Clark, P. and Z. D. Kaufman, eds. 2009. After Genocide: Transitional Justice, Post-Conflict Reconstruc- tion, and Reconciliation in Rwanda and Beyond. New York: Columbia University Press. Morris, V. and M. P. Scharf, eds. 1998. The International Criminal Tribunal for Rwanda. 2 vols. Irvington-on-Hudson: Transnational Publishers. -
Speaker Biographies
Strengthening Gender Justice through International Prosecutions Speaker biographies 6-7 SEPTEMBER 2012 INTERNATIONAL SYMPOSIUM THE HAGUE · THE NETHERLANDS Dr Anne Marie Goetz Mr Bob Reid Dr Goetz is Chief Advisor for Peace and Security at UN Mr Reid is the Chief of Operations at Women. She supports programming across UN Women the International Criminal Tribunal on preventing the use of sexual violence as a method of for the former Yugoslavia (ICTY). warfare, on supporting women’s engagement in peace He has been working at the ICTY processes, on gender-sensitive security sector reform, and since June 1994 and has held the on inclusive peace-building post-conflict. In the area of positions of Investigations Team good governance she works on building women’s influence Leader, Investigations Commander, over public decision-making. Deputy Chief of Investigations and Deputy Chief of Prosecutions. He was the lead investigator in Prior to taking on this post in the first ICTY trial of Dusko Tadic. 2005, she was a Professor of Political Science at the Institute of Prior to working at the ICTY, Mr Reid was a police officer in Development Studies, University the New South Wales Police Service in Australia. He worked of Sussex. She has published on mainly in Homicide, Organised Crime and Drug Enforcement. the topics of gender and conflict, For a period of three years he was seconded to the Federal pro-poor and gender-sensitive Attorney-General’s Office to work on investigations relating approaches to public sector reforms, to war crimes committed during the Second World War. anti-corruption initiatives, and decentralization, and has also analysed political liberalisation and state-building in fragile states and post-conflict situations. -
Through the Lens of Nuremberg Documentation
Documentation Through the Lens of Nuremberg The International Criminal Court at its Tenth Anniversary Conference 4–5 October 2012 in Nuremberg Through the Lens of Nuremberg The International Criminal Court at its Tenth Anniversary Conference 4–5 October 2012 in Nuremberg Table of contents 04 Acknowledgments Panel: Experiences of Prosecutors in International Criminal Courts and Tribunals 05 Introduction 46 Serge Brammertz, Prosecutor, International Criminal Tribunal for the former Yugoslavia, The Hague Opening Remarks by Brenda J. Hollis, Prosecutor, Special Court for Sierra Leone, The Hague/Freetown 06 Peter Küspert, President of the High Regional Court Hassan Bubacar Jallow, Prosecutor, International Criminal Tribunal for Rwanda, 08 Ambassador Dr. Martin Ney, Legal Adviser / Director General for Legal Affairs, Arusha, Tanzania Federal Foreign Office Panel: The principle of Complementarity and its Effects on Domestic Prosecution Keynote Speech by in Uganda, Kenya and Libya 10 Judge Sang-Hyun Song, President of the International 52 Fredrick Ruhindi, State Minister for Justice, Uganda Criminal Court: “The implementation of the Nuremberg Principles within the 54 Githu Muigai, Attorney General of the Republic of Kenya framework of the International Criminal Court” 56 Elham Saudi, Director, Lawyers for Justice in Libya 13 Anne Rübesame, Commissioner, International Nuremberg Principles Academy 58 Rod Rastan, Legal Advisor in the Office of the Prosecutor at the International Criminal Court Panel: The Nuremberg Trials and their Relevance Today -
SCSL Press Clippings
SPECIAL COURT FOR SIERRA LEONE OUTREACH AND PUBLIC AFFAIRS OFFICE PRESS CLIPPINGS Enclosed are clippings of local and international press on the Special Court and related issues obtained by the Outreach and Public Affairs Office as at: Monday, 7 December 2009 Press clips are produced Monday through Friday. Any omission, comment or suggestion, please contact Martin Royston-Wright Ext 7217 2 Local News Taylor Risk Young Men and Women / The Spectator Page 3 Interview With Charles Taylor’s Lead Counsel, Courtney Griffiths / Standard Times Pages 4-5 President Koroma Launched War Victims Trust Fund / Standard Times Page 6 International News As Judges Order Prosecution To Disclose To Defense All New Documents…/ CharlesTaylorTrial.org Pages 7-9 Taylor Doesn’t Share Fighters Suffering/risk / BBC World Service Trust Page 10 Judges Order Prosecutors To Disclose To The Defense New Documents…/ CharlesTaylorTrial.org Page 11 UNMIL Public Information Office Media Summary / UNMIL Pages 12-16 Arrest of Mladic and Hadzic Still key to ICTY Completion Strategy / The Hague Justice Portal Page 17 Karadzic Files Motion to Remove Appointed Lawyer / Reuters Page 18 Cambodia's First War Crimes Trial Marred by Flaws / The Los Angeles Times Pages 19-21 3 The Spectator Monday, 7 December 2009 4 Standard Times Monday, 7 December 2009 Interview With Charles Taylor’s Lead Counsel, Courtney Griffiths 5 6 Standard Times Monday, 7 December 2009 President Koroma Launched War Victims Trust Fund 7 Charlestaylortrial.org Saturday, 5 December 2009 As Judges Order Prosecution To Disclose To Defense All New Documents They Intend To Use In The Cross-Examination Of Charles Taylor, Prosecutors Say Taylor Did Not Share Hardships With His Soldiers By Alpha Sesay After debates over the use of “fresh evidence” threw the cross-examination of former Liberian President, Charles Taylor, into disarray in recent weeks, Special Court for Sierra Leone judges told prosecutors last Monday that they were in fact allowed to use new documents to test Mr. -
International Criminal Justice: Growing Pains Or Incurable Contradictions? James Von Geldern Macalester College
Macalester International Volume 28 My Sister's and Brother's Keeper?: Human Article 11 Rights in the Era of Globalization March 2012 International Criminal Justice: Growing Pains or Incurable Contradictions? James von Geldern Macalester College Follow this and additional works at: http://digitalcommons.macalester.edu/macintl Recommended Citation von Geldern, James (2012) "International Criminal Justice: Growing Pains or Incurable Contradictions?," Macalester International: Vol. 28, Article 11. Available at: http://digitalcommons.macalester.edu/macintl/vol28/iss1/11 This Law for All is brought to you for free and open access by the Institute for Global Citizenship at DigitalCommons@Macalester College. It has been accepted for inclusion in Macalester International by an authorized administrator of DigitalCommons@Macalester College. For more information, please contact [email protected]. International Criminal Justice: Growing Pains or Incurable Contradictions? James von Geldern I. Introduction When the Rome Statute of the International Criminal Court (ICC) was drafted in 1998, it represented a signal moment in the history of human rights. Here, finally, was a document that not only enunciated humanitarian protections, it also offered a means to punish individuals guilty of violating them. United Nations Secretary-General Kofi Annan called the Statute “a gift of hope to future generations, and a giant step forward in the march towards universal human rights and the rule of law.” Drafting Committee Chairman Cherif Bassiouni stressed that the world would never again be the same. This was the last step of a his- tory that had started at the end of the First World War and meant that impunity for the perpetrators of grave crimes of international concern was no longer tolerable.