DOCSLIB.ORG

United States Objection to the International Criminal Court: a Paradox of "Operation Enduring Freedom" Remigius Chibueze

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
United States Objection to the International Criminal Court: a Paradox of Annual Survey of International & Comparative Law Volume 9 | Issue 1 Article 3 2003 United States Objection to the International Criminal Court: A Paradox Of "Operation Enduring Freedom" Remigius Chibueze Follow this and additional works at: http://digitalcommons.law.ggu.edu/annlsurvey Part of the Criminal Law Commons, and the International Law Commons Recommended Citation Chibueze, Remigius (2003) "United States Objection to the International Criminal Court: A Paradox Of "Operation Enduring Freedom"," Annual Survey of International & Comparative Law: Vol. 9: Iss. 1, Article 3. Available at: http://digitalcommons.law.ggu.edu/annlsurvey/vol9/iss1/3 This Article is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Annual Survey of International & Comparative Law by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. Chibueze: U.S. Objection to the ICC UNITED STATES OBJECTION TO THE INTERNATIONAL CRIMINAL COURT: A PARADOX OF "OPERATION ENDURING FREEDOM" REMIGIUS CHIBUEZE* I. INTRODUCTION One of the most historic events of the last century was the establishment of a permanent International Criminal Court (ICC) after almost five decades of failed efforts. I About 160 countries and a wide representation of nongovernmental organizations converged at the UN Diplomatic Conference of Plenipotentiaries (held in Rome, Italy, from June 15 to July 17, 1998) to finalize and adopt a statute to establish an international criminal court. 2 At the end of the conference, on July 17, 1998 members * Attorney-at-Law, San Francisco; Solicitor & Advocate of the Supreme Court of Nigeria; SJ.D. Candidate, LL.M. (expected May 2003) Intellectual Property Law, Golden Gate University School of Law, San Francisco; LL.M., University of Alberta, Canada; LL.B (Hons.), University of Benin, Nigeria. This Paper was initially presented at the Twelfth Annual Fulbright Symposium and the Eleventh Regional Meeting of the American Society of International Law on Thursday, March 28. 2002 at Golden Gate University School of Law. San Francisco. I. See CHERIF BASSIOUNI. THE STATUTE OF THE INTERNATIONAL CRIMINAL COURT: A DOCUMENTARY HISTORY 3 (1998). where he noted that "since the end of World War I (1919). the world community has sought to establish a permanent international criminal court." 2. For a complete list of states and organizations represented at the Conference. see Final Act of the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Coun, July 17, 1998, U.N. Doc. NCONF.183/1O, Annex II, ill (1998) [hereinafter Diplomatic Conference]. 19 Published by GGU Law Digital Commons, 2003 1 Annual Survey of International & Comparative Law, Vol. 9 [2003], Iss. 1, Art. 3 20 ANNUAL SURVEY OF INT'L & COMPo LAW [Vol. 9:1 of the diplomatic conference voted 120 to 7 in favor of adopting the Rome Statute of the International Criminal Court (ICC Statute).3 There has been tremendous success in the signing and ratification of the ICC Statute. To date, 139 countries have signed and 89 countries, encompassing countries from all regions of the globe, have ratified the statute,4 which took effect on July 1, 2002 after being ratified by more than 66 countries.5 This remarkable support for the ICC demonstrates the direction of a new world order and the recognition that international justice and the fight against impunity require the cooperation and consensus of nations. The Court will exercise complementary jurisdiction with national courts over individuals accused of committing egregious international crimes of genocide, war crimes, and crimes against humanity. 6 The ICC is a permanent adjudicatory institution for the crimes contained in the Genocide and the four Geneva Conventions, and related international instruments as particularized in the ICC Statute.7 The Court's jurisdiction over the crime of aggression is suspended until an acceptable definition is agreed upon by member states.s Terrorism and drug-related crimes were adopted into the text in an annexed resolution and will become part of the crimes under the Court's jurisdiction once it is defined at a review conference in the future. 3. The Rome Statute o/the International Criminal Court, U.N. Doc. AlCONF. 183/9 (July 17, 1998), reprinted in 37 I.L.M. 999 (1998) [hereinafter ICC Statute). 4. The countries that have ratified the Statute are: Afghanistan, Albania, Andorra, Antigua & Barbuda, Argentina, Australia, Austria, Barbados, Belgium, Belize, Benin, Bolivia, Bosnia­ Herzegovina, Botswana, Brazil, Bulgaria, Cambodia, Canada, Central African Republic, Colombia, Costa Rica, Croatia, Cyprus, Democratic Republic of Congo, Denmark, Djibouti, Dominica, Ecuador, Estonia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Honduras, Hungary, Iceland, Ireland, Italy, Jordan, Latvia, Lesotho, Liechtenstein, Luxembourg, Malawi, Mali, Malta, Marshall Islands, Mauritius, Mongolia, Namibia, Nauru, Netherlands, New Zealand, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Romania, Saint Vincent and the Grenadines, Samoa, San Marino, Senegal, Sierra Leone, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tajikistan, The Former Yugoslav Republic of Macedonia, Timor-Leste, Trinidad and Tobago, Uganda, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Venezuela, The Federal Republic of Yugoslavia, and Zambia. See Multilateral Treaties Deposited with the Secretary-General, available at http://untreaty.un.orglEnglishlbiblel englishinternetbiblelpartIlchapterXVIIIItreatylO.asp (visited Feb. 18,2003) [hereinafter Multilateral Treaties). 5. ICC Statute, supra note 3, art. 126, provides that the Statute shall come into force when ratified by 60 countries. 6. Id., art. I. 7. Id., art. 5(1). 8. Id., art. 5(2). http://digitalcommons.law.ggu.edu/annlsurvey/vol9/iss1/3 2 Chibueze: U.S. Objection to the ICC 2003] U.S. OBJECTION TO THE ICC 21 The ICC is built upon the principles enunciated in the Nuremberg,9 Yugoslavia,1O and Rwandan ad hoc tribunals. 11 The ICC is not expected to bring an automatic end to these abominable crimes, but will offer a permanent forum to prosecute those accused of gross international crimes when national systems are unable or unwilling to prosecute. Therefore, the ICC as a permanent institution will serve as a constant remainder to violators of international crimes that they will be held accountable for their actions. 12 While most countries declared their support for the ICC, the U.S. was not in favor of signing the statute and therefore voted against it, along with six other states, including China, Iran, Iraq, Israel, and Libya. 13 However, in his last days in office, former President Bill Clinton authorized U.S. signature on December 31, 2000 in order to reaffirm U.S. "strong support for international accountability and for bringing to justice perpetrators of genocide, war crimes, and crimes against humanity." 14 This reaffIrmation of strong support for international accountability was, however, not backed with a commitment to ratify the statute. The former president indicated that his administration had no intention of submitting the statute to the Senate for ratifIcation. IS Notwithstanding the President's assurance that he would not seek senate ratifIcation, Senator Jesse Helms (R-NC), who was the Senate Foreign Relations Committee Chairman at that time, was reported to have informed then Secretary of 9. See Judgment of the International Military Tribunal for the Trial of German Major War Criminals (Nuremberg, September 30 - October 1, 1946),41 AM. 1. INT'L L. 172 (1947) [hereinafter Nuremberg Judgment]. 10. See The Statute of the International Criminal Tribunal for the former Yugoslavia, 3217th mtg., U.N. Doc. S/25704 (1993), reprinted in 321.L.M. 1192 (1993) [hereinafter ICTY Statute]. The ICTY Statute was unanimously adopted by the Security Council at its 3217th meeting, May 25,1993, for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia. See also S.c. Res. 827, U.N. SCOR, 48th Sess., 3217th mtg., U.N. Doc. SIRES/827(l993), reprinted in 32 LL.M. 1203 (1993). 11. See Security Council Resolution Establishing the International Criminal Tribunal for Rwanda, S.C. Res. 955, U.N. SCOR, 49th Sess., 3453,d mtg., U.N. Doc. S/RES/955 (1994), reprinted in 33 I.L.M. 1598 (1194) [hereinafter ICTR Statute]. The ICTR was set up to prosecute those responsible for the genocidal war in Rwanda. 12. David J. Scheffer, Staying the Course with the International Criminal Coun, 35 CORNELL INT'L L.J. 47, 51-52 (2002). 13. Ruth Wedgwood, Harold K. Jacobson & Monroe Leigh, The United States and the Statute of Rome, 95 AM. J.INT'L L. 124 (2001). See also, Diplomatic Conference, supra note 2. 14. William Jefferson Clinton, Statement on the Signature of the International Criminal Court Treaty, Washington, D.C. 1 (Dec. 31, 2000), at http://www.state.gov/www/globaU swcilOO1231_c1inton_icc.html (visited Apr. 10,2002). 15. Id. Published by GGU Law Digital Commons, 2003 3 Annual Survey of International & Comparative Law, Vol. 9 [2003], Iss. 1, Art. 3 22 ANNUAL SURVEY OF INT'L & COMPo LAW [Vol. 9: 1 State Madeline Albright that the ICC treaty "will be dead on arrival."16 He boasted that "if I do nothing else this year, I will make certain that President Clinton's
Load more

Recommended publications
  • October 2020 DAVID J. SCHEFFER 25 Mountain Top Road, Santa Fe, New Mexico 87595-9069 Mobile Phone: 708-497-0478; Email: [email protected]
    October 2020 DAVID J. SCHEFFER 25 Mountain Top Road, Santa Fe, New Mexico 87595-9069 Mobile phone: 708-497-0478; Email: [email protected] ACADEMIC Clinical Professor Emeritus, Director Emeritus of the Center for International Human Rights, Northwestern University Pritzker School of Law, Sept. 2020-present. Global Law Professor (Spring 2021), KU Leuven University, Belgium. Int’l Criminal Tribunals. Mayer Brown/Robert A. Helman Professor of Law, 2006-2020, Visiting Professor of Law, 2005-2006, and Director of the Center for International Human Rights (2006-2019), Northwestern University Pritzker School of Law. Int’l Human Rights Law, Int’l Criminal Law, Corporate Social Responsibility, Human Rights in Transitional Democracies. DistinguisheD Guest Lecturer, International Law Summer Study Abroad Program of Thomas Jefferson School of Law (San Diego) and the University of Nice School of Law (France), Nice, France, July 2011. Lectures on international criminal law and corporate social responsibility. Faculty Member, The Summer Institute for Global Justice, University of Utrecht, The Netherlands, Summer 2005 (jointly administered by the Washington University School of Law (St. Louis) and Case Western Reserve University School of Law). Course instruction: Atrocity Law and Policy. Visiting Professor of Law, The George Washington University Law School, 2004-2005. Int’l Law I, Int’l Organizations Law, Int’l Criminal Law. Visiting Professor of Law, Georgetown University Law Center, 2003-2004. Int’l Law I, Int’l Institutions Law, Atrocity Law Seminar. Int’l Law I in GULC’s summer program at University College, Faculty of Laws, London (July-Aug. 2004). Visiting Lecturer, National University of Ireland (Galway), July 2003.
    [Show full text]
  • Amicus Brief of Former U.S. Ambassador-At-Large for War
    (1 of 37) Case: 15-16909, 01/11/2016, ID: 9822482, DktEntry: 14-1, Page 1 of 5 No. 15-16909 In the United States Court of Appeals for the Ninth Circuit DOE I, DOE II, IVY HE, DOE III, DOE IV, DOE V, DOE VI, CHARLES LEE, ROE VII, ROE VIII, LIU GUIFU, DOE IX, WEIYU WANG, and those individuals similarly situated, Plaintiffs-Appellants, v. CISCO SYSTEMS, INC., JOHN CHAMBERS, FREDY CHEUNG aka Zhang Sihua, and DOES 1- 100, Defendants-Appellees. _______________________________________ Appeal from the United States District Court for the Northern District of California, San Jose, No. 5:11-cv-02449-EJD. The Honorable Edward J. Davila, Judge Presiding. MOTION OF FORMER U.S. AMBASSADOR-AT-LARGE FOR WAR CRIMES ISSUES DAVID J. SCHEFFER FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF APPELLANTS AND REVERSAL WILLIAM J. ACEVES (Counsel of Record) California Western School of Law 225 Cedar Street San Diego, CA 92101 (619) 515-1589 [email protected] Counsel for Amicus Curiae David J. Scheffer COUNSEL PRESS · (866) 703-9373 PRINTED ON RECYCLED PAPER (2 of 37) Case: 15-16909, 01/11/2016, ID: 9822482, DktEntry: 14-1, Page 2 of 5 Pursuant to Fed. R. App. P. 29, former U.S. Ambassador-at-Large for War Crimes Issues David J. Scheffer respectfully seeks leave to file the accompanying Amicus Curiae Brief in support of Plaintiffs-Appellants. Counsel for Plaintiffs- Appellants were contacted and consented to the filing of this brief. Counsel for Defendants-Appellees were also contacted but took no position on the filing of this brief.
    [Show full text]
  • Ambassador David Scheffer
    No. 10-1491 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- ESTHER KIOBEL, individually and on behalf of her late husband, DR. BARINEM KIOBEL, et al., Petitioners, v. ROYAL DUTCH PETROLEUM CO., et al., Respondents. --------------------------------- --------------------------------- On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit --------------------------------- --------------------------------- SUPPLEMENTAL BRIEF OF AMBASSADOR DAVID J. SCHEFFER, NORTHWESTERN UNIVERSITY SCHOOL OF LAW, AS AMICUS CURIAE IN SUPPORT OF THE PETITIONERS --------------------------------- --------------------------------- AMBASSADOR DAVID J. SCHEFFER CENTER FOR INTERNATIONAL HUMAN RIGHTS NORTHWESTERN UNIVERSITY SCHOOL OF LAW 375 East Chicago Avenue Chicago, Illinois 60611-3069 (312) 503-2224 [email protected] Amicus Curiae June 13, 2012 ================================================================ COCKLE LAW BRIEF PRINTING CO. (800) 225-6964 OR CALL COLLECT (402) 342-2831 i TABLE OF CONTENTS Page INTEREST OF THE AMICUS CURIAE ............. 1 SUMMARY OF ARGUMENT .............................. 3 ARGUMENT ........................................................ 8 I. RESPONDENTS’ REFERENCES TO AMBASSADOR SCHEFFER’S DECEM- BER BRIEF AND THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT WERE MISLEADING BECAUSE NEGOTIATORS AT ROME DID NOT “REACH THE MERITS” OF CORPORATE CIVIL LIABILITY
    [Show full text]
  • The Bush Administration's Response to the International Criminal Court
    University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 2003 The Bush Administration's Response to the International Criminal Court Jean Galbraith University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the American Politics Commons, Criminal Law Commons, International Law Commons, International Relations Commons, Law and Politics Commons, Policy Design, Analysis, and Evaluation Commons, Policy History, Theory, and Methods Commons, and the Public Policy Commons Repository Citation Galbraith, Jean, "The Bush Administration's Response to the International Criminal Court" (2003). Faculty Scholarship at Penn Law. 1449. https://scholarship.law.upenn.edu/faculty_scholarship/1449 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. The Bush Administration's Response to the International Criminal Court By Jean Galbraith* I. PREFACE The Bush administration, with the backing of Congress, has made sustained international efforts to keep the International Criminal Court ("ICC") from at­ taining any functional jurisdiction over the United States or its citizens. It has taken unprecedented legal steps, wielded its veto power in the Security Council, and negotiated bilateral treaties limiting the extradition of U.S. citizens to the ICC. This aggressive diplomacy against the ICC's jurisdictional reach differs substantially from the more ambivalent approach adopted under President Clin­ ton. While the Bush administration seeks the support of other nations in achiev­ ing its aims, these aims are themselves unilateral attempts to shield American citizens, policies, and sovereignty from international oversight.
    [Show full text]
  • (Aggression) of the Rome Statute
    VOLUME 58, ONLINE JOURNAL, SPRING 2017 The Missing Pieces in Article 8 bis (Aggression) of the Rome Statute David Scheffer* I have known Benjamin Ferencz personally since the 1990s when I was Senior Counsel to the U.S. Permanent Representative to the United Nations, Dr. Madeleine Albright, and then U.S. Ambassador at Large for War Crimes Issues heading the U.S. delegation to the United Nations talks that resulted in the Rome Statute of the International Criminal Court (ICC).1 Throughout that decade, including to the end of the Bill Clinton Administration, and then for years leading up to the Kampala Review Conference of 2010,2 which I attended as a law professor, he remained a fierce presence prepared at any moment to stare down skeptics of his cause. Ferencz was a constant source of both inspiration and respectful criticism as he relentlessly sought to influence American policy on the crime of aggression and the ICC. When I signed the Rome Statute on behalf of the United States on December 31, 2000,3 Ferencz was very much on my mind as one of the most instrumental voices on the illegality of aggression and the imperative need for international justice. He changed the world at Nuremberg, and he certainly influenced the creation of the Rome Statute. The American people owe Ferencz their heartfelt gratitude for a selfless life dedicated to upholding the most humane and noble values of the United States and of international law. With the same spirit that Ferencz always demonstrates in his quest to rid the world of aggression, I believe that the definition of the crime of aggression (which includes defining an “act of aggression”) contained in article 8 bis of the Rome Statute4 suffers from several shortcomings that ignore the modern realities of warfare.
    [Show full text]
  • Corporate Liability Under the Rome Statute
    VOLUME 57, SPRING 2016, ONLINE SYMPOSIUM Corporate Liability under the Rome Statute David Scheffer* Can corporate perpetration of genocide, crimes against humanity, and war crimes (atrocity crimes) be investigated and prosecuted before the International Criminal Court (ICC)? The answer is conditionally affirmative with respect to corporate officers responsible for their company’s criminal conduct. However, investigation and prosecution of corporations themselves as juridical persons would require complex amendments to the Rome Statute of the ICC. Corporate officers are already subject to investigation and prosecution by the ICC because the Rome Statute confers personal jurisdiction only over natural persons, particularly if he or she is a national of a “State Party” to the Rome Statute. One corporate executive, Joshua Arap Sang,1—former head of operations and well-known radio personality of Kass FM in Nairobi, Kenya—recently faced prosecution at the ICC as an indirect co-perpetrator of three counts of crimes against humanity. He was charged with using coded messages in his radio broadcasts to commit murder, forcible transfer, and persecution. His prosecution was in connection with the larger situation being investigated in Kenya for the period between June 1, 2005 and November 26, 2009 and, in particular, the post-election violence of 2007-2008. However, the Trial Chamber vacated the charges against Sang on April 5, 2016.2 Two judges, with a third dissenting, found that the Prosecutor had presented insufficient evidence, with one judge explaining that witness interference and political meddling were reasonably likely to intimidate witnesses.3 * David Scheffer is the Mayer Brown/Robert A. Helman Professor of Law at Northwestern Prizker School of Law.
    [Show full text]
  • Genocide and Atrocity Crimes
    Genocide Studies and Prevention: An International Journal Volume 1 Issue 3 Article 3 December 2006 Genocide and Atrocity Crimes David Scheffer Follow this and additional works at: https://scholarcommons.usf.edu/gsp Recommended Citation Scheffer, David (2006) "Genocide and Atrocity Crimes," Genocide Studies and Prevention: An International Journal: Vol. 1: Iss. 3: Article 3. Available at: https://scholarcommons.usf.edu/gsp/vol1/iss3/3 This Article is brought to you for free and open access by the Open Access Journals at Scholar Commons. It has been accepted for inclusion in Genocide Studies and Prevention: An International Journal by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Genocide and Atrocity Crimes David Scheffer Center for International Human Rights, Northwestern University School of Law The term ‘‘genocide’’ has been commonly used, particularly in political dialogue, to describe atrocities of great diversity, magnitude, and character. Yet the prospect of the term’s arising in policy making too often imposes an intimidating brake on effective responses. The political use of the term should be separated from its legal definition as a crime of individual responsibility. Governments and international organizations should be liberated to apply the term ‘‘genocide’’ more readily within a political context so as to publicly describe precursors of genocide and react rapidly either to prevent or to stop mass killings or other seeming acts of genocide. They should not be constrained from acting by the necessity of a prior legal finding that the crime of genocide in fact has occurred or is occurring and, once that legal finding has been made, that governments are somehow obligated to use military force in response.
    [Show full text]
  • Ambassador David Scheffer
    No. 16-499 IN THE Supreme Court of the United States JOSEPH JESNER, et al., Petitioners, v. ARAB BANK, PLC, Respondent. ON WRIT OF CERTIORARI TO THE UNITED STATES CouRT OF APPEALS FOR THE SEcoND CIRcuIT BRIEF OF AMBASSADOR DAVID J. SCHEFFER, NORTHWESTERN UNIVERSITY PRITZKER SCHOOL OF LAW, AS AMICUS CURIAE IN SUPPORT OF THE PETITIONERS AMBASSADOR DAVID J. SCHEFFER CENTER FOR INTERNATIONAL HUMAN RIGHTS NORTHWESTERN UNIVERSITY PRITZKER SCHOOL OF LAW 375 East Chicago Avenue Chicago, Illinois 60611 (312) 503-2224 [email protected] Amicus Curiae 273660 A (800) 274-3321 • (800) 359-6859 i TABLE OF CONTENTS Page TABLE OF CONTENTS..........................i TABLE OF CITED AUTHORITIES ..............iii INTEREST OF THE AMICUS CURIAE ...........1 SUMMARY OF ARGUMENT .....................3 ARGUMENT....................................7 I. The Negotiations for the Rome Treaty of the International Criminal Court Focused on Corporate Criminal Liability and Not Corporate Civil Liability ................7 A. The negotiators at Rome could not reach a consensus on criminal liability of juridical persons because, unlike that of civil liability, practice varied around the world .................8 B. There is a meaningful difference between civil and criminal liability in the history of the Rome Treaty negotiations and in international law .....10 C. The Principle of Complementarity Discouraged Adoption of Corporate Criminal Liability Under the Rome Treaty ...............................14 ii Table of Contents Page II. Codification of Corporate Criminal Liability Has Been Growing since 1998 ...............18 III. Recognition of Corporate Criminal Liability by International Bodies ............27 CONCLUSION .................................30 iii TABLE OF CITED AUTHORITIES Page CASES Doe v. Exxon Mobil Corp., 654 F.3d 11 (D.C.
    [Show full text]
  • 1 the Argument for the Prosecution David Scheffer 9.26.11
    The argument for the prosecution David Scheffer 9.26.11 INTERNATIONAL JUSTICE, often translated as the prosecution of war criminals before international criminal tribunals, is an easy target for its many skeptics. They demand proof of a negative proposition, namely that the tribunals and their cases actually deter further atrocities such as genocide. Indeed, they believe that prosecutions, or the threat of them, provide incentives for human rights violators to increase their oppression and avoid peace deals. And at the other end of the spectrum, critics representing an activist civil society pursue idealistic visions of justice and sometimes consider the tribunals so seriously flawed as to merit abandonment. Those of us long engaged in the world of major tribunals, including the International Criminal Court, the International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon, live with both these varieties of criticism. Both elicit mostly anecdotal rebuttals: the significant number of indicted individuals actually brought to trial and convicted, and the victims’ recognition of some small measure of justice. Despite all of their troubles, the tribunals are succeeding in their mandates and justice is being rendered. The recent captures of indicted war criminals Ratko Mladić and Goran Hadžić in Serbia, and the International Criminal Court’s arrest warrants against Libya’s Muammar Qaddafi and, on charges of genocide, of Sudan’s President Omar al Bashir, show that a robust and consequential process is underway. I have long awaited the day when empirical research would help make the case for why the pursuit of international justice over the last two decades has been a worthy instrument not only of punishment, but also of deterrence.
    [Show full text]
  • (Cell); [email protected]
    DAVID J. SCHEFFER 1000 Cordova Place PMB 941, Santa Fe, New Mexico 87505-1725 708-497-0478 (cell); [email protected] UNITED NATIONS AND GOVERNMENT EMPLOYMENT U.N. Secretary-General’s Special Expert on United Nations Assistance to the Khmer Rouge Trials, Jan. 2012–June 2017; Mar.–Oct. 2018. U.S. Ambassador at Large for War Crimes Issues, U.S. Department of State, Aug. 1997-Jan. 20, 2001. See https://1997-2001.state.gov/global/swci/index.html for the home page of the Office of War Crimes Issues during the Clinton Administration, with areas of work and all public speeches delivered as ambassador. Senior Adviser to the Secretary of State, U.S. Department of State, Feb. 1997-July 1997. Senior Adviser and Counsel, Office of the U.S. Permanent Representative to the United Nations, U.S. Department of State, March 1993-Jan. 1997. Also served 1993-1996 on NSC Deputies Committee. Senior Consultant, Committee on Foreign Affairs, U.S. House of Representatives, 1987-1988. ACADEMIC Clinical Professor Emeritus, Director Emeritus of the Center for International Human Rights, Northwestern University Pritzker School of Law, Sept. 2020-present. Professor of Practice, Arizona State University, April 2021-present. Int’l Crim. Tribs & Global Security. Global Law Professor (Spring 2021), KU Leuven University, Belgium. Int’l Criminal Tribunals. Mayer Brown/Robert A. Helman Professor of Law, 2006-2020, Visiting Professor of Law, 2005-2006, and Director of the Center for International Human Rights (2006-2019), Northwestern University Pritzker School of Law. Int’l Human Rights Law, Int’l Criminal Law, Corporate Social Responsibility, Human Rights in Transitional Democracies.
    [Show full text]
  • US Founders Respected International Law
    US Founders respected International Law Chile Eboe-Osuji [Paper submitted to the Council on Foreign Relations, on 6 July 2020; also presented orally to the Rutgers International Law & Human Rights Journal's Fall 2020 Lecture Series on 16 November 2020, and appearing in print as adapted from that lecture series in the Rutgers International Law & Human Rights Journal, Vol 1, Ep. 1, April 2021] Contents 1. The US as the Principal Architect of the Modern International Order .............................................. 1 2. Was the ICC created by ‘Self-Styled “Global Governance” Advocates’? ......................................... 16 3. A ‘flawed’ International Legal System ......................................................................................................... 18 4. Is the ICC Truly the ‘Worst Nightmare’ of US Founders?..................................................................... 21 5. Does the ICC Usurp National Sovereignty?................................................................................................ 34 6. Are US Citizens Immune from the Jurisdictions of Non-US Courts? ............................................... 34 7. The Alien Torts Claims Act ............................................................................................................................... 44 8. Self Defence ............................................................................................................................................................ 45 9. Is the ICC Judiciary a Mere Rubber Stamp
    [Show full text]
  • International Criminal Court 1 Appeals Chamber 2 Situation: Islamic
    ICC-02/17-T-003-ENG ET WT 06-12-2019 1/62 SZ PT OA OA2 OA3 OA4 Appeals Hearing (Open Session) ICC-02/17 1 International Criminal Court 2 Appeals Chamber 3 Situation: Islamic Republic of Afghanistan 4 ICC-02/17 5 Presiding Judge Piotr Hofmański, Judge Howard Morrison, 6 Judge Luz de Carmen Ibáñez Carranza, Judge Solomy Balungi Bossa and 7 Judge Kimberly Prost 8 Appeals Hearing - Courtroom 1 9 Friday, 6 December 2019 10 (The hearing starts in open session at 10.07 a.m.) 11 THE COURT USHER: [10:07:26] All rise. 12 The International Criminal Court is now in session. 13 Please be seated. 14 PRESIDING JUDGE HOFMAŃSKI: [10:07:59] Good morning to everybody. 15 Could the court officer please call the case. 16 THE COURT OFFICER: [10:08:08] Good morning, Mr President, your Honours. 17 Situation in Islamic Republic of Afghanistan, situation reference ICC-02/17. 18 And for the record, we are in open session. 19 PRESIDING JUDGE HOFMAŃSKI: [10:08:26] Thank you. 20 May I ask for an indication as to whether any person present in the courtroom today 21 is appearing for the first time? If so, may this person kindly introduce themselves. 22 Yes, please. 23 MR EDWARDS: [10:08:46] Good morning, your Honours. 24 For Global Rights Compliance, I'm Iain Edwards, replacing Wayne Jordash QC. 25 PRESIDING JUDGE HOFMAŃSKI: [10:08:54] Thank you very much. 06.12.2019 Page 1 ICC-02/17-T-003-ENG ET WT 06-12-2019 2/62 SZ PT OA OA2 OA3 OA4 Appeals Hearing (Open Session) ICC-02/17 1 Someone else? Thank you very much.
    [Show full text]