The State of International Criminal Law at the 20 Year Mark Participants: David Akerson, Jim Castle, Ken Scott

1) David Akerson – 20 minutes  A general overview of 20 years of International Criminal Law, David Akerson i) Statistics, accomplishments and challenges  The Prosecutions at the Extraordinary Chambers in the Courts of i) The Cambodia “hybrid” model (1) The Khmer Rouge criminal enterprise ii) The inherent challenges of prosecuting the 1975-79 Khmer regime iii) The provision for national and international co-prosecutors and co-investigating judges iv) The role of civil parties v) The University of Denver – remote judicial externship project  The Hezbollah prosecutions at the Special Tribunal for Lebanon i) A new model of an international criminal court ii) The indictments of Hezbollah iii) Challenges iv) The in absentia trials scheduled for April  Maritime piracy prosecutions at the Seychelles Supreme Court i) The rebirth of maritime piracy in Somalia ii) Piracy – law, policy and practical difficulties

2) Jim Castle – 20 minutes  The Perisic case  Compare and contrast with the Taylor Judgment and Aiding and Abetting? (1) The civil war in Sierra Leone and the international theory of aiding and abetting (2) Notes of interest from the trial – the ethics of indigency, the verdict and sentence (3) The attempted and thwarted extemporaneous ruling by Alternate Judge Sow

3) Ken Scott Presentation – 25 minutes  Accomplishments, Innovations and Challenges in the Prlic Case (1) Presentation of Documentary Evidence (2) Presentation of Witness Evidence on Paper  Legacy of the Yugoslavia Tribunal (1) Proof That It Could/Can Be Done (2) Mixture of Systems, with Some Worthwhile Reforms (3) Development of International Criminal Law  Thoughts on International Criminal Justice at the 20 Year Mark (1) Continuing Issues, Shortcomings & Needs

Suggested readings: 1) A Review of the Jurisprudence of the , Robert Petit; http://www.law.northwestern.edu/journals/jihr/v8/n2/2/petit.pdf 2) The Trial of Charles Taylor, assorted articles and commentaries, Open Society Justice Initiative Taylor trial website, http://www.charlestaylortrial.org/ 3) Decision to Hold Trial in Absentia, Trial Chamber, 2012-02-01, Special Tribunal for Lebanon; http://www.stl- tsl.org/en/the-cases/stl-11-01/main/filings/orders-and-decisions/trial-chamber/f0112 4) The Special Tribunal for Lebanon: Changing Norms for the UN’s Security Counsel? Dyala Badran; http://www.academia.edu/198317/The_Special_Tribunal_for_Lebanon_Changing_the_Norms_for_the_UNs_Security _Council 5) Seychelles to Prosecute Eleven Suspected Somali Pirates, World Maritime News; http://worldmaritimenews.com/archives/55120

Biographies

David Akerson David Akerson is a trial lawyer with a broad international law and human rights portfolio ranging from human rights work in apartheid South Africa to prosecuting perpetrators at the Yugoslavia and Rwanda international criminal tribunals. His expertise in core international crimes of genocide, war crimes and , practice and procedure of the international tribunals,complex international criminal litigation, and international tribunal policy and management. He joined the University of Denver Sturm College of Law faculty in 2006 and currently teaches courses in international criminal law, international criminal procedure, and genocide and war crimes. He also teaches a “Genocide and War Crimes” Practicum in which University of Denver students collaborate with international tribunals and prosecution or defense teams to research, organize and analyze evidence in global genocide cases. Specifically, his practicum students review transcripts of witnesses’ testimony and other evidence in a case after it has concluded, or even as a trial is in progress. They prepare summaries and analyses of testimony, and highlight key names, dates and locations. Students use one or more databases that organize the material with hyperlinks to other relevant facts and actual portions of transcripts to support what they have written. In active cases, the research the students have compiled and stored into the databases is subsequently presented to the courts and/ or prosecution and defense teams and used in the proceedings of the case. Since 2006, students in Professor Akerson’s class have worked on proceedings from the Rwandan genocide, on proceedings for the prosecution of ex-Liberian president Charles Taylor, and on proceedings of the Special Tribunal for Cambodia.

Jim Castle Jim Castle is a criminal defense attorney in Denver, Colorado. He has tried over 130 jury trials and has handled the defense of over 50 First Degree Murder prosecutions. He has been designated as “learned counsel” by the Administrative Office of the U.S. Courts to assist local counsel around the country in the defense of federal capital cases. In 2005 he was appointed as lead counsel for General Momcilo Perisic, Chief of Staff in the Army of Yugoslavia, before the International Criminal Tribunal for the Former Yugoslavia, which at the time was the second largest international criminal prosecution in history. Jim has also represented the National Football League, the Colorado Office of the Alternate Defense Counsel and members of the American Indian Movement. He has handled cases that have become the subject of documentaries produced by the BBC, the Discovery Channel and 48 Hours.

Ken Scott Ken Scott graduated summa cum laude from the University of Colorado-Boulder in 1976, with a B.A. in Political Schience & Philosophy, and from Harvard Law School, cum laude, in 1979. He was an Assistant United States Attorney in the U.S. Department of Justice, in Denver, Colorado from 1985 to 1997, where he prosecuted a wide variety of cases, from bank robberies and drug cases to stealing horses and securities fraud cases. He specialized in white-collar crime, including financial and environmental crimes, was Chief of the Complex Prosecutions Section and part of a national working group on white-collar crime. In January 1998, Mr. Scott and his family moved to the Hague, Netherlands, where he was a senior prosecutor at the International Criminal Tribunal for the former Yugoslavia, where he worked until September 2011. He traveled extensively in Bosnia and Croatia, and prosecuted 13 major war criminals. Since that time, Mr. Scott has been lecturing, teaching and consulting in international humanitarian law, international criminal law and human rights enforcement, and is founder of Rights Consulting and Investigations.