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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 Presentation from media workshop: The crime of aggression 15 Christoph Safferling, University Marburg 60 Christian Wenaweser, Permanent Representative of Liechtenstein to the UN Benjamin Ferencz, Former Chief Prosecutor for the US Army at the Einsatzgruppen Trial Outlook Interview 62 Tiina Intelmann, President of the Assembly of States Parties 18 Fatou Bensouda, Prosecutor, International Criminal Court, interviewed by 64 Bill Schabas, Middlesex University in London Joseph Roberts-Mensah, Africa Director, Wayamo Communication Foundation Table of contents of CD/DVD with video, radio and print reports Panel: Head of State Immunity – A Thing of the Past? from media workshop 2 – 7 October 2012: 21 Brenda J. Hollis, Prosecutor of the Special Court for Sierra Leone, The Hague/Freetown 24 Dapo Akande, Co-Director, Oxford Institute for Ethics, Law and Armed Conflict, John-Allan Namu, KTN Television, Nairobi, Kenya St Peter‘s College Video Documentary: The Nuremberg conference on 4 and 5 October 2012 26 Helmut Kreicker, Attorney General´s Office, Karlsruhe, Germany Florence Bonabaana, Programme Manager, Uganda Broadcasting Corporation, Kampala, Uganda Honorary “Nuremberg Lecture for Peace and Justice” – Tribute to Benjamin Ferencz Peter Clottey, Senior Reporter, “Daybreak Africa”, Voice of America, Washington, USA 28 Hans-Peter Kaul, Judge at the International Criminal Court Betty Milton, Senior Reporter, Awoko Newspaper, Freetown, Sierra Leone Panel: How to deal with Critical Perceptions of the ICC in African and Arab Countries? Felix Olick, The Standard Newspaper, Nairobi, Kenya and www.reportingkenya.net 30 Bill Pace, Convenor, Coalition for the ICC (CICC) Nzau Musau, The Star Newspaper, Nairobi, Kenya and www.reportingkenya.net 32 Message from Nabil El Arabi, Secretary General of the League of Arab States, read by Dareen Aboul Naga, Desk Officer for Legal Affairs at the Cabinet of the Secretary General of the League of Arab States, Cairo 34 Max du Plessis, University of KwaZulu-Natal and practising barrister in South Africa 36 Tiyanjana Maluwa, Pennsylvania State University School of Law and School of Inter- national Affairs Panel: The Role of the United States in International Criminal Justice 38 Beth Van Schaack, Deputy to the Ambassador-at-Large for War Crimes, State Department, Washington 40 John Washburn, Convenor, American Non-Governmental Organizations Coalition for the ICC 42 David Scheffer, Northwestern University School of Law, Chicago 44 William Lietzau, Deputy Assistant Secretary of Defense, Rule of Law & Detainee Policy, Pentagon Acknowledgments Introduction Bettina Ambach, Director, Wayamo Communication Foundation Dr. Martin Ney, Legal Adviser / Director-General for Legal Affairs, Federal Foreign Office 04 05 On 4 and 5 October 2012, the Founding Office for the „International Nuremberg Principles On 1 July 2002, the Rome Statute entered into force and the International Criminal Court Academy“ and the Wayamo Communication Foundation organised a conference to mark in The Hague was finally established. To commemorate the tenth anniversary of this the tenth anniversary of the entry into force of the Rome Statute of the International milestone in international law, 2012 saw numerous activities and events being held Criminal Court. The conference was preceded and followed by a media workshop with throughout the world. Germany officially celebrated this anniversary on 4 and 5 October 15 senior journalists from African and Arab countries. 2012 in Nuremberg, a site of particular significance for the development of international criminal law. The international conference, „Through the lens of Nuremberg – The Inter- Both events were generously supported by the German Federal Foreign Office. Indeed, national Criminal Court at its Tenth Anniversary“, brought together renowned academics without the funding received from the German Federal Foreign Office, the publication of and practitioners to discuss the past, present and future of international criminal law. the proceedings of the conference and workshop would not have been possible. The days directly before and after the conference were devoted to a workshop, with fifteen I would like to thank Anne Rübesame, my partner for this conference, as well as Michaela senior journalists from African and Arab countries producing audiovisual and press reports Lissowsky and Julia Rauh from the Founding Office for the „International Nuremberg about the issues discussed during the conference. Principles Academy“ for their tireless efforts in making this conference a success. I am grateful to the authorities of the Free State of Bavaria and to President Küspert of I also wish to thank Michaela Lissowsky for helping with the final compilation of all the the Higher Regional Court of Nuremberg for making available the historic court room 600 different brochure elements including a CD containing video, audio and print reports where the leaders of Nazi Germany were held accountable for their crimes. I extend my produced by the journalists attending the media workshop. gratitude to the City of Nuremberg and to former Federal Minister, Dr. Oscar Schneider, Judge Sang-Hyun Song and the guiding spirit behind the idea of establishing an „International Nuremberg Principles Ambassador Dr. Martin Ney Academy“ that is based on the Nuremberg legacy, for their invaluable support and assistance. They all contributed to the great success of the conference. Bettina Ambach Opening Remarks Opening Remarks Peter Küspert, President of the Nuremberg High Regional Court Dr. Oscar Schneider, Former Federal Minister 06 07 Let‘s turn the lens around for a moment and look back exactly 50 years into the past. It On behalf of the Board of Trustees of the „Documentation Centre Nazi Party Rally Grounds was in early October 1962 that our court returned to this building. Since then, we have also Nuremberg“, I should like to extend a cordial welcome to you all. Members of the German been responsible for Courtroom 600 and those interested in paying it a visit. The former Federal Government, the Bavarian State Government and the City of Nuremberg sit on our President of the Court proudly wrote into the court‘s chronicles, „Foreign visitors continue Board of Trustees. Since 2008, we have been striving to found an international institute for to show keen interest in Courtroom 600. In 1963, there were a total of 273 visitors.“ the implementation of the Nuremberg Principles, here in Nuremberg, and I must thank both Well, last year we had 54,000 visitors to Courtroom 600! the German Federal and Bavarian State Governments for all the support and aid given to us throughout this period. Similarly, we must also thank the members of the Inter national To me it is a sign of hope and encouragement that nearly 65 years after the end of the Criminal Court for having supported our activities and participated in the compilation of Nuremberg Trial, interest in the site and the lessons learnt from the Trial is constantly the feasibility study and in the international consultative committee. Furthermore, very growing. Nuremberg is a synonym of the fight against impunity for the most serious crimes special thanks must go to the German Federal Foreign Office in Berlin for the enduring and known to humanity; and indeed the legacy of Nuremberg was reaffirmed by the creation of successful support received over these past years. the International Criminal Court 10 years ago. It was in this courtroom that the US Chief Prosecutor, Robert H. Jackson, delivered his I am convinced that the establishment of the International Nuremberg Principles Academy opening address on 21 November 1945 in the trial against the major Nazi war criminals. will be another logical step on the road towards the rule of law and respect for human Historical significance must be accorded to this statement, in the view of the fact that it rights world-wide. I am pleased to tell you that the Bavarian government strongly supports marked a break in
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