DOCSLIB.ORG

Leila Nadya Sadat

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Leila Nadya Sadat Leila Nadya Sadat Washington University School of Law One Brookings Drive, Campus Box 1120 St. Louis, Missouri 63130-4899 (314) 935-6411 (tel), (314) 935-5356 (fax) [email protected] http://ssrn.com/author=55851 http://law.wustl.edu/harris/index.aspx Blog: http://law.wustl.edu/harris/lexlata/ Current Position Washington University School of Law Director, Whitney R. Harris World Law Institute, 2007 – present James Carr Professor of International Criminal Law, since 2016 Henry H. Oberschelp Professor, 2004 – 2016 Professor of Law, 1998 – 2004 Associate Professor of Law, 1992 – 1998 Director and Co-Founder, Summer Institute for International Law and Policy, Utrecht University, The Netherlands (2005-2013) Director, Crimes Against Humanity Initiative http://crimesagainsthumanity.wustl.edu/, multi- year project to write and have adopted the world’s first global treaty on crimes against humanity Courses: International Law, International Criminal Law, International Human Rights, International Business Transactions, European Union Law, Criminal Law, Civil Procedure, Foreign Affairs, Terrorism and Human Rights Faculty and University Service: Law School Committees have included Admissions; Appointments; Curriculum; Promotions & Tenure; Strategic Planning; Student/Faculty Relations; Faculty Advisor and Coach, Philip C. Jessep International Moot Court Competition, 1998 – present. University Committees have included Assembly Series; Awards; Faculty Senate Council, Law School Representative 2006 – 2009 and 2017-2020; Holocaust Lecture; International Relations; Board Member, Association of Women Faculty 2013 – 2017. Northwestern University Buffet Institute for Global Studies Distinguished Visitor, 2018 International Criminal Court Special Adviser on Crimes Against Humanity to the ICC Prosecutor, December 2012 – present Leila Nadya Sadat Page 2 of 16 Education University of Paris I – Sorbonne Diplôme d’Études Approfondies (“D.E.A.”), Droit International Privé et Droit du Commerce International, July 1988 Columbia University School of Law Master of Laws, May 1987 Perfect Record (received an “Excellent” for every course taken) Jervey Fellow in Foreign Law (full funding for the year at Columbia and the subsequent year at the Sorbonne) Tulane University School of Law Juris Doctor, May 1985, summa cum laude Rank: 1/240; Grade Point Average: 3.95/4.00 Tulane Law Review - Senior Notes Editor; received awards for two publications Order of the Coif • Merit Scholar • Faculty Medal Douglass College Bachelor of Arts, January 1980; accelerated program Dean’s List • National Merit Letter of Commendation • President, N.J. Student Ass’n Other Professional Experience United States Commission on International Religious Freedom Commissioner, 2001 - 2003. (Nominated by then Minority Leader Richard A. Gephardt, appointed by Congress). The 9-member Commission was established by the International Religious Freedom Act of 1998 to advise the President and the Department of State on Issues of International Religious Freedom, both generally and with regard to particular countries. See http://www.uscirf.gov/ Private Practice Slaughter and May, Paris, France (1991-92) Associate, specializing in transnational litigation, sovereign debt restructuring and international lending agreements Law Offices of S. G. Archibald, Paris, France (1988-91) Associate, specializing in International Chamber of Commerce arbitrations, transnational litigation and international joint ventures Cleary, Gottlieb, Steen & Hamilton, Paris, France (1987) Associate, specializing in transnational litigation and Eurobond issues Judicial Clerkships La Cour de Cassation (French Supreme Court), Fall 1988 Le Conseil d’Etat (French Council of State), Spring 1988 The Honorable Albert Tate, Jr., U.S. Court of Appeals for the Fifth Circuit, Law Clerk, 1985-1986 Term Leila Nadya Sadat Page 3 of 16 Academic Honors and Awards YWCA Women’s Leadership Academy Award (December 15, 2017) Arthur Holly Compton Distinguished Faculty Award, Washington University (November 3, 2017) Honorary Doctor of Laws, Northwestern University (June 2017) International Women’s Day Award, Washington University School of Law, Women’s Law Caucus, March 6, 2017 Alexis de Tocqueville Distinguished Fulbright Chair, Paris France (Spring 2011) Israel Treiman Faculty Fellow, Spring 1999; 2003-2004; 2014-2015 Outstanding Article of the Year Award (2014), Crimes Against Humanity in the Modern Age (2014), International Association of Penal Law (American Branch) Outstanding Book of the Year Award (2011), FORGING A CONVENTION FOR CRIMES AGAINST HUMANITY, International Association of Penal Law (American Branch) Outstanding Article of the Year Award (2010), The Nuremberg Paradox, International Association of Penal Law (American Branch) Outstanding Article of the Year Award (2006), Exile, Amnesty and International Law, International Association of Penal Law (American Branch) Outstanding Book of the Year (2003), THE INTERNATIONAL CRIMINAL COURT AND THE TRANSFORMATION OF INTERNATIONAL LAW, International Association of Penal Law (American Branch) Grants and Foundation Support Received Brookings – Washington University Joint Venture Fund, 2010 Deutsche Financial Grant (to Support Single Currency Conference), 1997 Humanity United Grant Recipient, 2009 Planethood Foundation, 2012; 2016-17 St. Louis Holocaust Museum, 2018 United States Institute of Peace Grant Recipient, 2000-2001; 2009-2010 Publications Books THE INTERNATIONAL CRIMINAL COURT (West Nutshell, 2018) (forthcoming) SEEKING ACCOUNTABILITY FOR THE UNLAWFUL USE OF FORCE (Leila Nadya Sadat, ed., Cambridge, 2018) (forthcoming) THE FOUNDERS (David M. Crane, Leila Nadya Sadat and Michael P. Scharf, eds, Cambridge, 2018) FORGING A CONVENTION FOR CRIMES AGAINST HUMANITY (2d ed. Leila Nadya Sadat, ed., Cambridge 2013) INTERNATIONAL CRIMINAL LAW: CASES AND MATERIALS (4th ed., Carolina, 2013) (with Bassiouni, Paust, et al.) FORGING A CONVENTION FOR CRIMES AGAINST HUMANITY (Leila Nadya Sadat, ed., Cambridge 2011) Leila Nadya Sadat Page 4 of 16 Publications (cont.) THE THEORY AND PRACTICE OF INTERNATIONAL CRIMINAL LAW: ESSAYS IN HONOR OF M. CHERIF BASSIOUNI (Leila N. Sadat, Michael P. Scharf, eds., Martinus Nihof 2008) INTERNATIONAL CRIMINAL LAW: CASES AND MATERIALS (3rd ed., Carolina, 2006) (with Bassiouni, Paust, et al.) THE INTERNATIONAL CRIMINAL COURT AND THE TRANSFORMATION OF INTERNATIONAL LAW: JUSTICE FOR THE NEW MILLENNIUM (Transnational, 2002) INTERNATIONAL CRIMINAL LAW: CASES AND MATERIALS (2nd ed., Carolina, 2000) (with Bassiouni, Paust, et al.) MODEL DRAFT STATUTE FOR THE INTERNATIONAL CRIMINAL COURT BASED ON THE PREPARATORY COMMITTEE’S TEXT TO THE DIPLOMATIC CONFERENCE, ROME, JUNE 15-JULY 17, 1998, 13TER NOUVELLES ÉTUDES PÉNALES (Leila Sadat Wexler, special ed. 1998) Selected Articles and Essays A Contextual & Historical Analysis of the International Law Commission’s 2017 Draft Articles for a New Global Treaty on Crimes Against Humanity, __ JOURNAL OF INTERNATIONAL CRIMINAL JUSTICE __ (2018) (forthcoming) Whither Human Rights in the Era of Trump, 35 NETHERLANDS QUARTERLY OF HUMAN RIGHTS 2 (2017) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2983865 Washington University School of Law’s Global Trajectory, 53 WASHINGTON UNIVERSITY JOURNAL OF LAW AND POLICY 35 (2017) (150th Anniversary Essay) Putting Peacetime First: Crimes Against Humanity and the Civilian Population Requirement, 31 EMORY INTERNATIONAL LAW REVIEW 197 (2017) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2836202 Cited by the Extraordinary Chambers in the Courts of Cambodia The Nuremberg Trial, Seventy Years Later, 15 WASHINGTON UNIVERSITY GLOBAL STUDIES LAW REVIEW 575 (2016) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2791774 The Proposed Restatement Fourth of the Foreign Relations Law of the United States: Treaties - Some Serious Procedural and Substantive Concerns, 2015 B.Y.U. LAW REVIEW 1673 (2016) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650528 Genocide in Syria: International Legal Options, International Legal Limits, and the Serious Problem of Political Will, 5 IMPUNITY WATCH LAW JOURNAL 1 (2015) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2566260 Can the International Criminal Tribunal for the former Yugosliavia Šainović and Perišić Cases Be Reconciled? 108 AMERICAN JOURNAL OF INTERNATIONAL LAW 475 (2014) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2474639 Seven Canons of ICC Treaty Interpretation: Making Sense of Article 25’s Rorschach Blot, 27 LEIDEN JOURNAL OF INTERNATIONAL LAW 755 (2014) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2355430 Cited by the Appeals Chamber of the International Criminal Court in the Lubanga appeals judgement Crimes Against Humanity in the Modern Age, 107 AMERICAN JOURNAL OF INTERNATIONAL LAW 334 (2013) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2013254 Leila Nadya Sadat Page 5 of 16 Publications (cont.) America’s Drone Wars, 45 CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW 215 (2013) HTTPS://PAPERS.SSRN.COM/SOL3/PAPERS.CFM?ABSTRACT_ID=2248048 Avoiding the Creation of a Gender Ghetto in International Criminal Law, 11 INTERNATIONAL CRIMINAL LAW REVIEW 655 (2011) (symposium in honor of Judge Patricia Wald) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1937600 On Legal Subterfuge and the So-Called “Lawfare” Debate, 43 CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW 153 (2011) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1698168 Beyond Kampala: Complementarity and the International Criminal Court: The Next Steps
Load more

Recommended publications
  • Special Tribunals & Other Mechanisms
    Special Tribunals & other mechanisms In the Declaration of the High-level Meeting on the Rule of Law, Member States stated their commitment to ensuring that impunity is not tolerated for genocide, war crimes and crimes against humanity or for violations of international humanitarian law and gross violations of human rights law. They also committed to ensuring that such violations are properly investigated and appropriately sanctioned, including by bringing the perpetrators of any crimes to justice, through national mechanisms or, where appropriate, regional or international mechanisms, in accordance with international law [para. 22]. https://www.un.org/ruleoflaw/thematic-areas/international-law-courts- tribunals/international-hybrid-criminal-courts-tribunals/ • International Criminal Tribunal for the former Yugoslavia (ICTY, 1993-2017) http://www.icty.org/ • International Criminal Tribunal for Rwanda (ICTR, 1995-2015) http://unictr.unmict.org/ • United Nations Mechanism for International Criminal Tribunals http://www.unmict.org/ • Special Court for Sierra Leone / Residual Special Court for Sierra Leone http://www.rscsl.org/ • Extraordinary Chambers in the Courts of Cambodia http://www.eccc.gov.kh/en o Background - United Nations Assistance to the Khmer Rouge Trials: http://www.unakrt-online.org/ • Special Tribunal for Lebanon http://www.stl-tsl.org/en/ • International Criminal Court (ICC) http://www.icc-cpi.int/ Further Information • United Nations – What We Do - Uphold International Law: http://www.un.org/en/sections/what-we-do/uphold-international-law/index.html
    [Show full text]
  • Case Global 25Celebrating News from the International Law Center & Institutes Years
    v. 7 no. 1 2015 Case Global 25Celebrating News from the International Law Center & Institutes Years Changing lives over spring break Students, alumna journey to Dilley, TX to provide legal help to undocumented refugees in detention center hen three Case Western Reserve highlighted the plight of the families held University School of Law students at the South Texas Family Residential Wentered their immigration law Center in Dilley, Texas, Madeline Jack, Dozens of mothers and class one February evening, they had no Harrison Blythe, and JoAnna Gavigan idea how much their legal education would quickly agreed to spend their spring break children released as a be put to the test to help undocumented assisting Peyton and her Ohio team result of the team’s women and children detained by U.S. in bringing legal representation to the Immigration and Customs Enforcement detained women and children. work during spring in a for profit prison run by Corrections Corporation of America. Thanks to the generous financial break. support from the Case Western Reserve But once instructor and Cleveland immigration attorney Jennifer Peyton Continued on page 7 Ranked 11th in the nation by U.S. News & World Report ABOUT THE FREDERICK K. COX INTERNATIONAL LAW CENTER We are pleased to celebrate the 25th anniversary of the endowment of our Frederick K. Cox International Law Center this year. This issue of Case Global News includes a timeline of our major milestones on the way to becoming the #11th ranked international law program in the country. The newsletter also provides an update on the activities of our international law program and its 30 associated faculty members, as well as a preview of our upcoming lectures and conferences.
    [Show full text]
  • Beating Plowshares Into Swords
    Journal of Civil Rights and Economic Development Volume 12 Issue 2 Volume 12, Spring 1997, Issue 2 Article 7 Beating Plowshares Into Swords--Reconciling the Sovereign Right to Self-Determination with Individual Human Rights Through an International Criminal Court: The Lessons of the Former Yugoslavia and Rwanda as a Frontispiece Rocco P. Cervoni Follow this and additional works at: https://scholarship.law.stjohns.edu/jcred This Note is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in Journal of Civil Rights and Economic Development by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. NOTES BEATING PLOWSHARES INTO SWORDS- RECONCILING THE SOVEREIGN RIGHT TO SELF-DETERMINATION WITH INDIVIDUAL HUMAN RIGHTS THROUGH AN INTERNATIONAL CRIMINAL COURT: THE LESSONS OF THE FORMER YUGOSLAVIA AND RWANDA AS A FRONTISPIECE INTRODUCTION "And he shall judge among people and rebuke strong nations afar off; and they shall beat their swords into plowshares, and their spears into pruninghooks: nation shall not lift up a sword against nation neither shall they learn war any more."* This century has seen two attempts to bring about worldwide consensus' among nation-states to promote universal peace and to * Micah 4:3 (King James). See Isaiah 2:4. 1 See LELAND M. GOODRICH & ANNE P. SIMONS, THE UNITED NATIONS AND THE MAINTE- NANCE OF INTERNATIONAL PEACE AND SECURITY 9 (1955) (discussing short-lived post World War I League of Nations initiative preceding inception of United Nations); Carol Weis Brod, Minorities and Diversities: The Remarkable Experiment of the League of Nations, 8 CONN.
    [Show full text]
  • Are Drugs Destroying Sport?
    Can C 0 U n t r i e s Fin d Coo per a tiD n Ami d the R u i nos 0 feD n f lie t ? ARE DRUGS IN THI S IS SUE DESTROYING The Gann Years: Colm Connolly '91 Wins Hail to "The Counselor" A Retrospective High-Profile Murder Case Sonja Henning '95 SPORT? Page 8 Letters to the Editor If you want to respond to an article in Duke Law, you can e-mail the editor at [email protected] or write: Mirinda Kossoff Duke Law Magazine Duke University School of Law Box 90389 Durham, NC 27708-0389 , a Interim Dean's Message Features Ethnic Strife: Can Countries Find Cooperation Amid the Ruins of Conflict? .. ..... ... ...... ...... ...... .............. .... ... ... .. ............ 2 The Gann Years: A Retrospective .. ............. ..... ................. .... ..... .. ................ ..... ...... ......... 5 Are Drugs Destroying Sport? .. ..................................... .... .. .............. .. ........ .. ... ....... .... ... 8 Alumni Snapshots Colm Connolly '91 Wins Conviction and Fame in High-Profile Murder Case ................... .................. ... .. ..... ..... ... .... .... ...... ....... ....... ..... 12 Sonja Henning '95: Hail to "The Counselor" on the Basketball Court ........................ .. 14 U.N. Insider Michael Scharf '88 Puts International Experience to Work in Academe ................................... ..................... ... .............................. ....... 15 Faculty Perspectives Q&A: Can You Treat a Financially Troubled Country Like a Bankrupt Company? .. ..... ... 17 The Docket Professor John Weistart: The Man
    [Show full text]
  • The Relationship Between the International Criminal Court and the International Community
    University of Georgia School of Law Digital Commons @ Georgia Law LLM Theses and Essays Student Works and Organizations 2000 THE RELATIONSHIP BETWEEN THE INTERNATIONAL CRIMINAL COURT AND THE INTERNATIONAL COMMUNITY KHALED M. AHMED University of Georgia School of Law Follow this and additional works at: https://digitalcommons.law.uga.edu/stu_llm Part of the Comparative and Foreign Law Commons, Criminal Law Commons, and the International Law Commons Repository Citation AHMED, KHALED M., "THE RELATIONSHIP BETWEEN THE INTERNATIONAL CRIMINAL COURT AND THE INTERNATIONAL COMMUNITY" (2000). LLM Theses and Essays. 262. https://digitalcommons.law.uga.edu/stu_llm/262 This Dissertation is brought to you for free and open access by the Student Works and Organizations at Digital Commons @ Georgia Law. It has been accepted for inclusion in LLM Theses and Essays by an authorized administrator of Digital Commons @ Georgia Law. Please share how you have benefited from this access For more information, please contact [email protected]. 2001 p^^ Wp The University of Geor^.lia ,\fYO^, :?^ i> 1 ooTbf^- Alexander CampbeU King Uw Library irnTirnT 3 8425 00347 39 Digitized by the Internet Archive in 2013 http://archive.org/details/relationshipbetwOOahme THE RELATIONSHIP BETWEEN THE INTERNATIONAL CRIMINAL COURT AND THE INTERNATIONAL COMMUNITY by KHALED M. AHMED LL.B, Ain Shams University, Egypt, 1989 A Thesis Submitted to the Graduate Faculty of The University of Georgia in Partial Fulfillment of the Requirements for the Degree MASTER OF LAWS ATHENS, GEORGIA 2001 ©2001 Khaled M. Ahmed All Rights Reserved THE RELATIONSHIP BETWEEN THE INTERNATIONAL CRIMINAL COURT AND THE INTERNATIONAL COMMUNITY by KHALED M. AHMED ^^WA/^v^.
    [Show full text]
  • (216) 534-7796, [email protected]
    MICHAEL P. SCHARF Case Western Reserve University School of Law 11075 East Blvd. Cleveland, Ohio 44106-7148 (216) 534-7796, [email protected] PROFESSIONAL EXPERIENCE Admitted to Practice, District of Columbia Bar, 1989; U.S. Supreme Court Bar, 1998 Case Western Reserve University School of Law, Cleveland, Ohio, 2002-present Co-Dean (since August 2015), Co-Interim Dean (March 2014-August 2015); Co- Acting Dean (November 2013-March 2014) Associate Dean for Global Legal Studies (2012-2013) Supervisory responsibility for all International Centers, Institutes, and Programs at the Law School; negotiation and stewardship of foreign partnership agreements. Joseph C. Hostetler -- Baker & Hostetler Professor of Law (since 2010) Courses taught: International Law, International Criminal Law, War Crimes Research Lab, International Organizations, Criminal Law, and Criminal Procedure. First law professor in the world to teach an International Law MOOC on Coursera (over 100,000 students from 137 countries) Director of the Frederick K. Cox International Law Center (2003-2018) Public International Law & Policy Group Co-founder, Vice Chairman of the Board, and Managing Director (since 1995) --A non-profit corporation and U.N.-designated NGO with an annual $5 million budget, providing pro-bono international legal services to foreign governments and international organizations. --Have led USAID-funded transitional justice projects in Uganda, Cote d’Ivoire, Libya, and Turkey (for Syria), and piracy prosecution projects in Kenya, The Seychelles, and Mauritius. Extraordinary Chambers in the Courts of Cambodia, Phnom Penh, Cambodia, 2008 Served as Special Assistant to the International Co-Prosecutor during my sabbatical New England School of Law, Boston, Mass., 1993-2002 Assistant Professor (1993-1995), Associate Professor (1995-1997), Professor of Law and Director of the Center for International Law and Policy (1997-2002) Australian National University, Canberra, Australia, May 2001 Visiting Professor of International Law.
    [Show full text]
  • Exile, Amnesty and International Law Leila Nadya Sadat
    Notre Dame Law Review Volume 81 | Issue 3 Article 5 3-1-2006 Exile, Amnesty and International Law Leila Nadya Sadat Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Recommended Citation Leila N. Sadat, Exile, Amnesty and International Law, 81 Notre Dame L. Rev. 955 (2006). Available at: http://scholarship.law.nd.edu/ndlr/vol81/iss3/5 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. EXILE, AMNESTY AND INTERNATIONAL LAW Leila Nadya Sadat* This Article examines recent state and international practice regarding amnesties forjus cogens crimes, particularly cases from Latin America as well as international courts and tribunals, and explores the transnational legal dialogue between courts, and to a lesser degree, legislatures, that has led to international norm creation in this area, strengthening the prohibition against amnesties considerably. At the same time, constraints upon the exer- cise of universaljurisdiction, whether imposed by legislatures, articulated in judicial opinions, or created by internationaltreaty, have provided a politi- cal check to the otherwise unbounded exercise of universal jurisdiction by states and the exercise of universal internationaljurisdiction by the interna- tional community taken as a whole. Indeed, this Article suggests that the question of amnestiesfor war crimes, crimes against humanity and genocide raises profound questions about the nature and form of internationalcrimi- nal law-its substantive content, temporal dimensions, and constitutional status. This Article challenges the conventional wisdom that "swappingjus- tice for peace, " is morally and practically acceptable.
    [Show full text]
  • Fall 2020 Newsletter
    NEWSLETTER FALLFall 20202018 THE AGE OF ROBERT H. JACKSON On August 8th the Robert H. Jackson Center hosted a free global webinar celebrating the 75th anniversary of the signing of the London Agreement and Charter and the establishment of the International Military Tribunal at Nuremberg. Moderated by Michael Scharf, Dean and Joseph C. Hostetler-BakerHostetler Professor of Law at Case Western Reserve University School of Law, guests included: • Ben Ferencz, Investigator of Nazi war crimes & the chief prosecutor for the United States Army at the Einsatzgruppen Trial • John Q. Barrett, Professor of Law at St. John’s University, Elizabeth S. Lenna Fellow and Board member at the Robert H. Jackson Center • David Crane, Founding Chief Prosecutor, Special Court for Sierra Leone • James Johnson, Prosecutor, Residual Special Court for Sierra Leone • Leila Sadat, Director, Whitney R. Harris World Law Institute and Special Adviser on Crimes Against Humanity to the ICC Prosecutor, James Carr Professor of International Criminal Law • Mark Ellis, Executive Director, International Bar Association • William A. Schabas, OC MRIA, Professor of International Law, School of Law, Middlesex University, London, Professor of International Criminal Law and Human Rights at Leiden University • Navi Pillay, President of the Advisory Council, International Nuremberg Principles Academy • Klaus Rackwitz, Director, International Nuremberg Principles Academy They discussed how the legacy of Robert H. Jackson and the Nuremberg Trials live in the world today. “Law is better than war,” said Ben Ferencz in his opening remarks. “We must substitute for the use of armed force with peaceful means only…that idea is in jeopardy today.” Further discussion ensued on Jackson’s opening statement at Nuremberg as Chief Prosecutor for the United States and its influence on international criminal law.
    [Show full text]
  • AMNESTIES and the INTERNATIONAL CRIMINAL COURT Amnesties and the International Criminal Court DIBA MAJZUB*
    PEACE OR JUSTICE? AMNESTIES AND THE INTERNATIONAL CRIMINAL COURT Amnesties and the International Criminal Court DIBA MAJZUB* [This paper examines whether amnesties granted by states to perpetrators of serious human rights abuses can preclude the possibility of prosecution before the newly established International Criminal Court. The author considers the general debate between supporters of the use of amnesty and those in favour of criminal prosecutions to address such wrongs. The author also examines the extent to which international law imposes a duty on states to prosecute those who commit human rights violations. With these discussions in mind, the author turns to the text of the Statute of the ICC to determine whether any form of amnesty could preclude prosecution by the ICC. The author concludes that if an amnesty exception exists at all in the Statute of the ICC, it is found in the section that confers discretion upon the ICC Prosecutor to commence an investigation. The author suggests a framework for the ICC Prosecutor to consider in evaluating whether to proceed with an investigation or prosecution of an individual who has received a national amnesty.] CONTENTS I Introduction II The Debate over Transitional Justice A Arguments for Prosecution B Why Forego Prosecution? C Does International Law Require States to Prosecute? 1 Treaty Law 2 Custom D Truth Commissions and Amnesty: A Compromise between Peace and Justice? III The International Criminal Court A The Statute of the ICC B The Statute of the ICC and Amnesties C The Preamble and Article 1 D Jurisdiction E Article 17: Issues of Admissibility F Article 20: Ne bis in idem G Article 16: The Chapter VII Power of the UN Security Council H Article 53: Initiation of an Investigation 1 Did the State Have Legitimate Reasons for Granting the Amnesty? 2 Was the Amnesty Granted in a Manner Consistent with International Law? 3 Did the Truth Commission Process Meet Minimum Standards of Justice? IV Conclusions * LLB (Victoria), LLM (Columbia); Crown Counsel, Federal Prosecution Service, Department of Justice Canada.
    [Show full text]
  • The Law of International Organizations Scharf Williams 3E 00 Fmt Cx1 4/3/13 3:03 PM Page Ii
    scharf williams 3e 00 fmt cx1 4/3/13 3:03 PM Page i The Law of International Organizations scharf williams 3e 00 fmt cx1 4/3/13 3:03 PM Page ii Carolina Academic Press Law Advisory Board ❦❦ Gary J. Simson, Chairman Dean, Mercer University School of Law Raj Bhala University of Kansas School of Law Davison M. Douglas Dean, William and Mary Law School Paul Finkelman Albany Law School Robert M. Jarvis Shepard Broad Law Center Nova Southeastern University Vincent R. Johnson St. Mary’s University School of Law Peter Nicolas University of Washington School of Law Michael A. Olivas University of Houston Law Center Kenneth L. Port William Mitchell College of Law H. Jefferson Powell Duke University School of Law Michael P. Scharf Case Western Reserve University School of Law Peter M. Shane Michael E. Moritz College of Law The Ohio State University scharf williams 3e 00 fmt cx1 4/3/13 3:03 PM Page iii The Law of International Organizations Problems and Materials third edition Michael P. Scharf Paul R. Williams Carolina Academic Press Durham, North Carolina scharf williams 3e 00 fmt cx1 4/3/13 3:03 PM Page iv Copyright © 2013 Carolina Academic Press All Rights Reserved ISBN: 978-1-59460-907-7 LCCN: 2012950552 Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America scharf williams 3e 00 fmt cx1 4/3/13 3:03 PM Page v For Eirene and Themis scharf williams 3e 00 fmt cx1 4/3/13 3:03 PM Page vi scharf williams 3e 00 fmt cx1 4/3/13 3:03 PM Page vii Contents About the Authors xxi Preface xxiii Acknowledgments and Permissions xxv Part I Historic and Legal Background Chapter I • Introduction to the Law of International Organizations 3 Introduction 3 Objectives 3 Problems 3 Materials 4 1.
    [Show full text]
  • Responding to Rogue States Michael P
    Case Western Reserve Journal of International Law Volume 51 | Issue 1 2019 Talking Foreign Policy: Responding to Rogue States Michael P. Scharf, et al. Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Michael P. Scharf, et al., Talking Foreign Policy: Responding to Rogue States, 51 Case W. Res. J. Int'l L. 267 (2019) Available at: https://scholarlycommons.law.case.edu/jil/vol51/iss1/16 This Transcript is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve Journal of International Law 51 (2019) Talking Foreign Policy: Responding to Rogue States “Talking Foreign Policy” is a one-hour radio program, hosted by the Dean of Case Western Reserve University School of Law, Michael Scharf, in which experts discuss the important foreign policy issues. The premier broadcast (airdate: March 1, 2012) covered the controversial use of predator drones, humanitarian intervention in Syria, and responding to Iran’s acquisition of nuclear weapons. Subsequent broadcasts have covered topics such as the challenges of bringing indicted tyrants to justice, America’s Afghanistan exit strategy, the issue of presidential power in a war without end, and President Obama’s second term foreign policy team. This broadcast focused on the responding to rogue states. ……………………………………………………………… The purpose of the radio show is to cover some of the most salient foreign policy topics and discuss them in a way that can make it easier for listeners to grasp.
    [Show full text]
  • Untangling the Yemen Crisis
    American University Washington College of Law Digital Commons @ American University Washington College of Law Articles in Law Reviews & Other Academic Journals Scholarship & Research 2020 Untangling the Yemen Crisis Paul Williams Laura Graham Jim Johnson Michael P. Scharf Milena Sterio Follow this and additional works at: https://digitalcommons.wcl.american.edu/facsch_lawrev Part of the Human Rights Law Commons, and the International Law Commons CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW 52 (2020) TALKING FOREIGN POLICY - APRIL 24, 2019 BROADCAST: "UNTANGLING THE YEMEN CRISIS"1 Michael Scharf: According to a recent UN report, the war in Yemen has become the worst humanitarian crisis on the planet. Welcome to Talking Foreign Policy. I'm your host Michael Scharf, 2 Dean of Case Western Reserve University School of Law. In this broadcast our expert panelists will be discussing the history of the Yemen conflict, the challenges to resolving it, and the prospects for achieving accountability for the war crimes that have been committed there. Joining us for the second segment today, as soon as his cab arrives, is Dr. Paul Williams,3 the President of the Public International Law and Policy Group, a Nobel Peace Prize nominated NGO that has provided legal counsel to a dozen peace negotiations over the past 22 years, including in Yemen. We're also joined and they're already here by Professor Milena Sterio,4 the Associate Dean of Cleveland State's Marshall College of Law and a renowned international law expert. Milena just returned from a meeting in Jordan with Yemeni prosecutors and judges, to discuss accountability options for Yemen.
    [Show full text]