the Harris Institute e-Newsletter

FALL 2012 The Harris Institute Congratulates , FOCUS: Chief Prosecutor of the International Criminal Court NTERNATIONAL I This year, the International Criminal CRIMINAL Court (ICC) celebrates ten years since its creation, but there is another reason for LAW celebration at the first-ever permanent court with jurisdiction to try the international crimes of war crimes, crimes against humanity and genocide. On June 15, 2012, the second Chief INSIDE: Prosecutor of the International Criminal The Harris Institute Court, Madame Fatou Bensouda of The Congratulates Fatou Gambia, was sworn in. Bensouda, Chief Prosecutor of the International Criminal Mme. Bensouda’s distinguished career named one of Time Magazine’s 100 most Court in the field has equipped her with tools influential people. needed to fulfill the responsibilities of this critical role in international At a time when the ICC has come under Harris Institute Launches criminal law. Prior to her election to close scrutiny for limits on the charges it Inaugural Benjamin B. ICC Chief Prosecutor, Bensouda worked has brought against accused Ferencz Essay Competition as Head of the Legal Advisory Unit, genocidaires and for appearing to target Senior Legal Advisor and Trial Africa – the region with the most Attorney at the International Criminal members of the Court – in its The Harris Institute’s Crimes Tribunal for Rwanda. Bensouda then investigations, Bensouda has emerged Against Humanity Initiative served as ICC Deputy Prosecutor from as a leader at the International Criminal Broadens its Reach November 1, 2004 until her election to Court. Chief Prosecutor Bensouda has Chief Prosecutor in December of 2011. responded to criticism, redirecting the focus to the Prosecutor’s goal of seeking ICC at Ten Conference at Chief Prosecutor Bensouda’s visionary justice for the victims. Washington University Law work in the field of international criminal law has been internationally Chief Prosecutor Fatou Bensouda is the recognized. She won the International first woman to serve as chief prosecutor Sixth Annual International Court of Justice International Jurist of the International Criminal Court. Humanitarian Law Dialogs Award in 2009, and the Whitney R. Harris World Law Institute’s World For a personal account of the swearing- Peace Through Law Award in 2011. in ceremony by Special Advisor to the Professor Sadat Invited to Join She was also unanimously elected by all Prosecutor and Washington University the Prestigious Council on 120 (then) member states of the School of Law Professor Leila Nadya Foreign Relations International Criminal Court. This Sadat, please visit Windows on the year, Chief Prosecutor Bensouda was World.

The Institute would like to publicly thank Oyinlola (Lola) Oguntebi, outgoing Harris Institute Fellow, for her wonderful service during the 2011-2012 academic year. The Harris Institute is also pleased to welcome Jing Geng as its fellow for the 2012-2013 academic year. the Harris Institute e-Newsletter Page 2

The Whitney R. Harris Institute Launches the

Inaugural Benjamin B. Ferencz Essay Competition

The Harris World Law Institute, named a passionate advocate for the international for leading advocate of modern rule of law and for the International international criminal law and Nuremberg Criminal Court, and a firm believer in the Prosecutor Whitney R. Harris, recognizes philosophy of former U.S. President a colleague of its namesake with the Dwight D. Eisenhower, that: “In a very launch of the Benjamin B. Ferencz Essay real sense, the world no longer has a choice Competition. Benjamin B. Ferencz served between force and law. If civilization is to

as Chief Prosecutor in the Einsatzgruppen survive it must choose the rule of law.” Case, a landmark case at Nuremberg, in which 22 defendants were convicted for The competition asked writers to grapple the brutal murder of more than a million with the tension between crimes against “IN A VERY REAL SENSE, innocent men, women and children. He humanity and crimes of aggression, both THE WORLD NO LONGER was 27 years old at the time. jurisdictionally and in terms of subject HAS A CHOICE BETWEEN matter. The winner of the essay FORCE AND LAW F . I Having seen the horrors of war first-hand, competition will receive a prize of $10,000.

CIVILIZATION IS TO Ferencz agreed with the characterization SURVIVE IT MUST of aggressive war-making as the “supreme Please visit the competition’s website for CHOOSE THE RULE OF international crime.” Ferencz has more information on the Benjamin B. dedicated his life to seeking a more Ferencz Essay Competition and to read the LAW.” humane and just legal order. He has been winning essay in November 2012.

— DWIGHT D. The Crimes Against Humanity Initiative EISENHOWER Broadens its Reach

The Crimes Against Humanity Initiative, a In the past

groundbreaking rule of law project of the y e a r , t h e

Whitney R. Harris World Law Initiative, Crimes Against

has continued to make headway in raising H u m a n i t y

awareness of the need for an international Convention

convention against crimes against has assembled humanity and garnering support for the an Advisory

Proposed Convention the Crimes Against Council of Humanity Initiative has drafted. r e g i o n a l l y - diverse and In the four years since Professor Leila prominent figures in their respective Nadya Sadat, Director of the Whitney R. governments and in international law, to Harris World Law Institute at Washington aid in promoting the Proposed Convention. University School of Law, embarked upon a To further widen its reach, the Crimes project to study the need for a Against Humanity Initiative has released comprehensive convention on crimes translations of the Proposed Convention in

against humanity, the project has convened Spanish and Arabic. German, Russian and a Steering Committee of leading scholars Chinese translations are forthcoming. WHITNEY R. HARRIS and jurists in international criminal law, WORLD LAW INSTITUTE The Crimes Against Humanity Initiative and drafted an award-winning book has received strong support from the containing a Proposed International international legal community. For more WASHINGTON UNIVERSITY Convention on the Prevention and SCHOOL OF LAW information on the Initiative, please visit Punishment of Crimes Against Humanity in http://crimesagainsthumanity.wustl.edu/. English and in French.

the Harris Institute e-Newsletter Page Fall3 2012

ICC at Ten Conference at Washington University School of Law

The Whitney R. Harris World Law Sadat, a prolific scholar in international

Institute will host a major conference in criminal law predicted that the ICC

international criminal law to commemorate would permanently alter the course of

ten years since the coming into force of the international criminal law.

Rome Statute for the International Criminal Court. The ICC at Ten conference, Since the entry into force of the Rome co-sponsored by the American Society of Statute of the International Criminal International Law, the American Branch of Court on July 1, 2002, the ICC has the International Law Association, and the opened investigations into seven International Association of Penal Law will situations, three of which were referred feature leading scholars and practitioners to the Court by the state parties themselves. The ICC has publicly indicted 29 individuals for international crimes, and issued 20 warrants for arrest.

This year, the Court handed down its first judgment. In the case of Prosecutor v. Thomas Dyilo-Lubanga, the ICC found a military commander and minister of defense who had founded a rebel group, the Union of Congolese Patriots, guilty of massive human rights violations, including ethnic massacres, murder, torture, rape, mutilation, and forcibly conscripting child soldiers.

The symposium, which will be open to the public, will focus on the Court’s achievements and challenges to date, who have been instrumental in the development of international criminal law including the Lubanga judgment, in and the ICC. Confirmed speakers include addition to early jurisprudence, the U.S. ICC judges, ambassadors, current and position toward the Court, and the former prosecutors of the ad-hoc Court’s future. The conference will also international criminal tribunals, and several feature a special performance Sustenazo leading scholars whose research has shaped (Lament IV) by internationally the field. For a list of confirmed speakers acclaimed artist Monika Weiss, in and conference agenda, visit the conference collaboration with Sam Fox School of website. Design & Visual Arts.

WHITNEY R. HARRIS For more information and to register for Professor Leila Nadya Sadat, Director of WORLD LAW INSTITUTE the ICC at Ten Conference at the Whitney R. Harris World Law Washington University School of Law, Institute, has been a prominent proponent WASHINGTON UNIVERSITY please visit the conference website at of the International Criminal Court from its SCHOOL OF LAW http://law.wustl.edu/harris/iccat10/. inception. Before the Court was established, the Harris Institute e-Newsletter Page 4

Sixth Annual International Humanitarian Law Dialogs The Harris World Law Institute is a co- sponsor of the annual International Humanitarian Law Dialogs, held in late August at the Chautauqua Institution near

Jamestown, New York. Honoring the

Nuremberg legacy and the pursuit of

international justice and peace, the Dialogs

are a historic gathering of international prosecutors, learned scholars, and human rights activists. The conference is free and open to the public and allows participants to engage in meaningful discussion regarding the role of international criminal law in Among the distinguished speakers at the combating impunity for war crimes and Dialogues, Professor Leila Nadya Sadat crimes against humanity. delivered the Second Annual Katherine B. Fite Lecture with a thought-provoking The theme of this year’s Dialogs was examination titled “Drones and the “Hybrid International Courts: A Tenth Nuremberg Legacy.” In addition, Anniversary Retrospective on the Special Washington University School of Law Court for Sierra Leone.” This year, the students had the unique opportunity to Special Court of Sierra Leone completed its dialogue with practitioners from the tenth year of operations, culminating in the various international courts and tribunals. conviction of Charles Taylor, former President of Liberia. The Dialogs included a For more information regarding the

panel of former and current Chief annual International Humanitarian Law

Prosecutors who investigated and Dialogs, please visit website.

prosecuted Taylor.

Professor Sadat Invited to Join the Prestigious Council on WHITNEY R. HARRIS Foreign Relations WORLD LAW INSTITUTE Professor in human rights and international WASHINGTON UNIVERSITY Leila Nadya criminal justice to CFR projects and SCHOOL OF LAW Sadat was activities.” recently One Brookings Drive invited to CFR members have unparalleled access to Phone: 314.935.3379 become a world leaders, senior government officials, Fax: 314.935.7961 member of members of Congress, and prominent [email protected] the prestigious Council on Foreign thinkers. The membership process is Relations (CFR). An independent, arduous, requiring four separate letters of nonpartisan membership organization, the nomination. For upcoming events, Council on Foreign Relations specializes in visit us on the Web @ international affairs and U.S. foreign policy. Sadat will be in distinguished company. http://law.wustl.edu/harris/ CFR’s ranks include top government and join our Facebook page “The Council is very influential, and it is a officials, renowned scholars, business great honor to be selected,” Sadat said. “I leaders, acclaimed journalists, prominent am looking forward to participating in lawyers and distinguished non-profit Council activities, and bringing my expertise professionals.