The Prosecution of National Leaders by International Courts

Total Page:16

File Type:pdf, Size:1020Kb

The Prosecution of National Leaders by International Courts CRJ Seminar The Prosecution of National Leaders by International Courts By Ambassador Stephen J. Rapp Ambassador -at-Large and Head of the Office of Global Criminal Justice U.S. Department of State 12:30 pm - 2:00 pm, Monday, 26 November 2012 CUHK Graduate Law Centre, 2/F Bank of America Tower 12 Harcourt Road, Central, Hong Kong Speaker biography: Stephen J. Rapp is Ambassador-at-Large for Global Criminal Justice. Appointed by President Obama, he was confirmed by the Senate, and assumed his duties on September 8, 2009. Prior to his appointment as Ambassador-at-Large, Stephen Rapp served as Prosecutor of the Special Court for Sierra Leone, responsible for leading the prosecutions of former Liberian President Charles Taylor and other persons alleged to bear the greatest responsibility for the atrocities committed during the civil war in Sierra Leone. From 2001 to 2007, he was the Senior Trial Attorney and Chief of Prosecutions at the International Criminal Tribunal for Rwanda, personally heading the trial team that achieved convictions of the principals of RTLM radio and Kangura newspaper – the first in history for leaders of the mass media for the crime of direct and public incitement to commit genocide. Mr. Rapp was United States Attorney in the Northern District of Iowa from 1993 to 2001, where his office won historic convictions under the firearms provision of the Violence Against Women Act and the serious violent offender provision of the 1994 Crime Act. Prior to his tenure as U.S. Attorney, he worked as an attorney in private practice and served as Staff Director of the U.S. Senate Judiciary Subcommittee on Juvenile Delinquency and as an elected member of the Iowa Legislature. He received his BA degree from Harvard College in 1971 and received his JD degree from Drake in 1974. In this seminar, Ambassador Rapp will talk about the prosecution of national leaders by International Courts. All are welcome! If you would like to attend, please register via http://nems.law.cuhk.edu.hk/online-registration/?event_id=292 (Registrations will be accepted on a first come first served basis.) .
Recommended publications
  • Media Coverage of the Special Court for Sierra Leone Jessica Feinstein Stanford University Law School
    Loyola University Chicago International Law Review Volume 7 Article 3 Issue 2 Spring/Summer 2010 2010 The yH brid's Handmaiden: Media Coverage of the Special Court for Sierra Leone Jessica Feinstein Stanford University Law School Follow this and additional works at: http://lawecommons.luc.edu/lucilr Part of the International Law Commons Recommended Citation Jessica Feinstein The Hybrid's Handmaiden: Media Coverage of the Special Court for Sierra Leone, 7 Loy. U. Chi. Int'l L. Rev. 131 (2010). Available at: http://lawecommons.luc.edu/lucilr/vol7/iss2/3 This Feature Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago International Law Review by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. THE HYBRID'S HANDMAIDEN: MEDIA COVERAGE OF THE SPECIAL COURT FOR SIERRA LEONE Jessica Feinsteint I. The Media as 'Surrogates for the Public' ...................... 134 A . Publicity .................................................. 134 B . W atchdog ................................................. 136 II. Local Media Coverage of Preceding International Criminal T rials ......................................................... 136 A . N urem berg ................................................ 137 B. Second Generation Tribunals .............................. 138 C . IC T R ..................................................... 139 III. The M edia in Sierra Leone .................................... 140 A . History ..................................................
    [Show full text]
  • American Leadership on Atrocity Crimes and the Fight for Justice Ambassador (Ret.) Nicholas Burns Carnegie Endowment for Interna
    American Leadership on Atrocity Crimes and the Fight for Justice Ambassador (ret.) Nicholas Burns Carnegie Endowment for International Peace Conference January 25, 2018 This is an important conference on a vital American interest—standing up for human rights and prosecuting those responsible for atrocity crimes. I thank the Carnegie Endowment for bringing us together this morning. This conference on this vital subject fits right in the center of the Endowment’s long commitment to a more just world. It is particularly gratifying for me to be here with so many distinguished American diplomats with whom I served during the last two decades in both Democratic and Republican Administrations. We all owe a debt of gratitude to the Ambassadors at Large for War Crimes Issues David Scheffer, Pierre Prosper, Clint Williamson and Stephen Rapp. We are in debt to Ambassador Todd Buchwald, to Ambassador John Shattuck, to former State Department Legal Advisor John Bellinger and others here today who held high the American commitment to human rights, to helping the victims of genocide, mass atrocities, torture and abuse. We salute President Clinton and Secretary Madeleine Albright for creating the Ambassadorial position in the first place. David Scheffer reminded me that we are the only country that has such a position. The United States has been the central country worldwide that has kept these issues at the center of the attention of the international community. Presidents Bill Clinton, George W. Bush, and Barack Obama all made a clear commitment that we would pursue justice on behalf of the victims. They appointed the public servants I have just saluted.
    [Show full text]
  • Foreword: the International Law Legacy of the Obama Administration, 48 Case W
    Case Western Reserve Journal of International Law Volume 48 | Issue 1 2016 Foreword: The nI ternational Law Legacy of the Obama Administration Michael P. Scharf Julia Liston Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Michael P. Scharf and Julia Liston, Foreword: The International Law Legacy of the Obama Administration, 48 Case W. Res. J. Int'l L. 1 (2016) Available at: https://scholarlycommons.law.case.edu/jil/vol48/iss1/1 This Foreword 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 48 (2016) Foreword: The International Law Legacy of the Obama Administration Michael P. Scharf1 Julia Liston2 I. When President Obama entered the White House in 2009, many believed he would make a commitment to the rule of law a centerpiece of his foreign policy agenda. As his presidency was drawing to a close, the Cox Center’s September 18, 2015, symposium – “New Beginnings, Resets & Pivots: The International Legal Practice of the Obama Administration” -- examined to what extent the Obama Administration complied with, challenged, or sought to refashion international law. As the attention of the American public turns to issues of foreign policy during the 2016 presidential campaign, the theme of the conference -- the international law legacy of the Obama Administration -- could not be more timely or relevant.
    [Show full text]
  • Legislating Atrocity Prevention
    \\jciprod01\productn\H\HLL\57-1\HLL105.txt unknown Seq: 1 31-JAN-20 14:36 ARTICLE LEGISLATING ATROCITY PREVENTION ZACHARY D. KAUFMAN* Despite promises made by the international community after the Holocaust to “never again” allow genocide, war crimes, and crimes against humanity to be committed, these “atrocity crimes” have been perpetrated again and again. To- * Associate Professor of Law and Political Science, University of Houston Law Center, with additional appointments in the University of Houston’s Department of Political Science and Hobby School of Public Affairs. J.D., Yale Law School; D.Phil. (Ph.D.) and M.Phil., both in International Relations, Oxford University (Marshall Scholar); B.A. in Political Science, Yale University. Research for this Article was generously facilitated by institutional support from Stanford Law School (where the author was a Lecturer from 2017 to 2019) and Harvard University Kennedy School of Government (where the author was a Senior Fellow from 2016 to 2019). While serving on the U.S. Senate Foreign Relations Committee (“SFRC”) staff in 2016-17 as a Council on Foreign Relations International Affairs Fellow, the author drew on his book, United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics (Oxford University Press, 2016), to work as a lead architect of both the Elie Wiesel Genocide and Atrocities Prevention Act and the Syrian War Crimes Accountability Act. The author has subsequently advised the White House National Security Council (“NSC”) and SFRC on im- plementing both laws. On June 13, 2019, an earlier draft of this Article was submitted for the record by Stanford Law School Professor Beth Van Schaack at a congressional hearing, “Pursuing Accountability for Atrocities,” hosted by the Tom Lantos Human Rights Commission.
    [Show full text]
  • Taylor Trial Transcripts
    Case No. SCSL-2003-01-T THE PROSECUTOR OF THE SPECIAL COURT V. CHARLES GHANKAY TAYLOR MONDAY, 13 JULY 2009 9.30 A.M. TRIAL TRIAL CHAMBER II Before the Judges: Justice Richard Lussick, Presiding Justice Teresa Doherty Justice Julia Sebutinde Justice El Hadji Malick Sow, Alternate For Chambers: Mr William Romans Mr Simon Meisenberg Ms Carolyn Buff For the Registry: Mr Gregory Townsend Ms Advera Nsiima Kamuzora Ms Rachel Irura Mr Benedict Williams For the Prosecution: Mr Stephen Rapp Ms Brenda J Hollis Mr Mohamed A Bangura Mr James Johnson Mr Christopher Santora Ms Kathryn Howarth Ms Maja Dimitrova For the accused Charles Ghankay Mr Courtenay Griffiths QC Taylor: Mr Morris Anyah Mr Terry Munyard Cllr James Supuwood Ms Claire Carlton-Hanciles Ms Salla Moilanen CHARLES TAYLOR Page 24286 13 JULY 2009 OPEN SESSION 1 Monday, 13 July 2009 2 [Open session] 3 [The accused present] 4 [Upon commencing at 9.30 a.m.] 09:29:17 5 PRESIDING JUDGE: Good morning. We will take appearances 6 first, please. 7 MR RAPP: Good morning Mr President, your Honours, counsel. 8 Appearing today for the Prosecution, Stephen Rapp Prosecutor, 9 together with principal trial attorney Brenda Hollis, 09:29:41 10 Mohamed Bangura, Kathryn Howarth, Christopher Santora, Maja 11 Dimitrova and James Johnson. Thank you, your Honour. 12 PRESIDING JUDGE: Thank you, Mr Rapp. Yes, Mr Griffiths. 13 MR GRIFFITHS: Good morning Mr President, your Honours, 14 counsel opposite. For the Defence today, myself Courtenay 09:30:01 15 Griffiths, assisted by my learned friends Mr Morris Anyah, 16 Mr Terry Munyard and Cllr Supuwood and also our case manager 17 Salla Moilanen.
    [Show full text]
  • Trial Monitoring of People V. Cansu Pişkin
    Trial Monitoring of People v. Cansu Pişkin (Turkey 2019) July 2019 Jun Stephen J. Rapp Former U.S. Ambassador-at-Large for War Crimes Issues ABOUT THE AUTHORS The Columbia Law School Human Rights Clinic works to advance human rights around the world and to train the next generation of strategic advocates for social justice. The clinic works in partnership with civil society organizations and communities to carry out human rights investigations, legal and policy analysis, litigation, report- writing and advocacy. Ambassador Stephen J. Rapp is a Fellow at the United States Holocaust Memorial Museum’s Center for Prevention of Genocide. He also serves as Chair of the Commission for International Justice & Accountability (CIJA). From 2009 to 2015, he was Ambassador-at-Large heading the Office of Global Criminal Justice in the US State Department. Rapp was the Prosecutor of the Special Court for Sierra Leone from 2007 to 2009 where he led the prosecution of former Liberian President Charles Taylor. From 2001 to 2007, he served as Senior Trial Attorney and Chief of Prosecutions at the International Criminal Tribunal for Rwanda, where he headed the trial team that achieved the first convictions in history of leaders of the mass media for the crime of direct and public incitement to commit genocide. Before becoming an international prosecutor, he was the United States Attorney for the Northern District of Iowa from 1993 to 2001. ABOUT THE CLOONEY FOUNDATION FOR JUSTICE’S TRIALWATCH INITIATIVE TrialWatch is an initiative of the Clooney Foundation for Justice focused on monitoring and responding to trials around the world that pose a high risk of human rights violations.
    [Show full text]
  • Proceedings 2013 – 2014
    PROCEEDINGS PROCEEDINGS OF THE OF THE AMERICAN BRANCH AMERICAN BRANCH OF THE OF THE INTERNATIONAL LAW ASSOCIATION INTERNATIONAL LAW ASSOCIATION 2013-2014 2013-2014 ISSN 1550-8978 ISSN 1550-8978 http://ila-americanbranch.org http://ila-americanbranch.org Philip M. Moremen, Editor Philip M. Moremen, Editor Rachel A. Smith, Editor Rachel A. Smith, Editor September, 2014 September, 2014 TABLE OF CONTENTS i TABLE OF CONTENTS i TABLE OF CONTENTS TABLE OF CONTENTS I. The American Branch of the International Law Association I. The American Branch of the International Law Association Officers of the American Branch Officers of the American Branch of the International Law Association ..................................................... 1 of the International Law Association ..................................................... 1 The International Law Association and the American Branch The International Law Association and the American Branch of the International Law Association ..................................................... 3 of the International Law Association ..................................................... 3 ILA Committees and Study Groups ....................................................... 6 ILA Committees and Study Groups ....................................................... 6 ILA Committees ............................................................................. 6 ILA Committees ............................................................................. 6 ILA Study Groups .......................................................................
    [Show full text]
  • Ending the Circular Conundrum of the US-ICC Relationship
    Washington University Global Studies Law Review Volume 12 Issue 3 The International Criminal Court At Ten (Symposium) 2013 A Meeting of the Minds in Rome: Ending the Circular Conundrum of the U.S.-ICC Relationship Christopher "Kip" Hale American Bar Association (ABA), Center for Human Rights Maanasa K. Reddy The Human Rights Law Network Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the International Law Commons, and the Law and Politics Commons Recommended Citation Christopher "Kip" Hale and Maanasa K. Reddy, A Meeting of the Minds in Rome: Ending the Circular Conundrum of the U.S.-ICC Relationship, 12 WASH. U. GLOBAL STUD. L. REV. 581 (2013), https://openscholarship.wustl.edu/law_globalstudies/vol12/iss3/16 This Symposium is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. A MEETING OF THE MINDS IN ROME: ENDING THE CIRCULAR CONUNDRUM OF THE U.S.-ICC RELATIONSHIP CHRISTOPHER “KIP” HALE∗∗∗ MAANASA K. REDDY∗∗∗∗∗∗ “This is a great regret that we are not a signatory. I think we could have worked out some of the challenges that are raised concerning our membership. But that has not yet come to pass.”1 —United States Secretary of State, Hillary R. Clinton I. INTRODUCTION During a blistering hot Roman summer in 1998, the world achieved something remarkable. With Grotian-like zeal, countries from every corner of the world agreed to the Rome Statute of the International Criminal Court (“ICC”).2 In doing so, the international community took the first and most difficult step towards establishing a comprehensive international criminal justice system that could reach any individual in any land.
    [Show full text]
  • Global Criminal Justice: Accomplishments, Challenges, and Future Directions
    Cordially invite you to attend the: 2017 Samuel Dash Conference on Human Rights Global Criminal Justice: Accomplishments, Challenges, and Future Directions Featuring a Keynote Address by: Hassan Bubacar Jallow Chief Justice of The Gambia Former Chief Prosecutor of the International Criminal Tribunal for Rwanda Former Chief Prosecutor of the UN Mechanism for International Criminal Tribunals Monday, April 3, 2017 9:00 a.m. – 5:00 p.m. Gewirz Student Center – 12th Floor Georgetown University Law Center 600 New Jersey Ave., N.W. Washington, DC 20001 Please RSVP at www.humanrightsinstitute.net. The 2017 Samuel Dash Conference on Human Rights, co-sponsored by the Georgetown Journal of International Law, will feature a day of discussions with leading experts about where the global criminal justice system stands, where it falls short, and where it needs to move forward in the future. The forum will provide an opportunity for speakers, panelists, attendees, and students to engage on a series of critically important topics impacting the effectiveness of accountability mechanisms for international criminal violations. The Samuel Dash Conference on Human Rights was established by Professor Dash’s family and friends, Georgetown Law alumni, and the law firm of Cozen O’Connor following his passing in 2004 to honor his contributions to international and domestic human rights. Questions about the program or accessing the conference can be sent to [email protected]. Conference Program: 9:00 a.m. Welcome Remarks Andrew Schoenholtz, Director, Human Rights Institute, and Professor from Practice, Georgetown Law 9:15 a.m. The U.S. Role in Accountability for International Atrocity Crimes This panel will examine the U.S.
    [Show full text]
  • International Crimes in Syria: Options for Accountability and Prosecution
    UNIVERSITY OF MILAN “SCUOLA DI SCIENZE DELLA MEDIAZIONE LINGUISTICA E CULTURALE” Master Degree in Languages and Cultures for International Communication and Cooperation (LM-38) INTERNATIONAL CRIMES IN SYRIA: OPTIONS FOR ACCOUNTABILITY AND PROSECUTION Thesis in International Humanitarian Law Supervisor: Prof. Christian Ponti Co-supervisor: Prof. Giovanni Parigi Master thesis of Samantha Falciatori Student number: 860972 Academic year 2015-2016 To those who have given their lives for a dream of freedom. To those who are still here, but carry grief in their heart. To Saeed, Akram, Mazen, Ahmad. To all my Syrian friends who have brought so much in my life. To those who have shared these painful years with me. ABSTRACT IN ITALIANO Dopo anni di atrocità, solo perseguibilità dei crimini e giustizia potranno ricucire la società siriana, aprendo la strada alla riconciliazione e alla pace. Lo scopo di questa tesi è cercare di capire come ciò sarà possibile, avvalendosi degli strumenti del diritto internazionale umanitario da un lato e del diritto internazionale penale dall’altro. La tesi può infatti essere divisa in due parti: la prima analizza le principali fattispecie criminose dei crimini internazionali commessi in Siria da tutte le parti in conflitto; la seconda esplora criticamente quali sono i possibili meccanismi di repressione di tali crimini. La tesi si articola in sei capitoli: il primo offre una panoramica sulla situazione siriana prima del 2011, sulle radici della rivolta e sulle fasi e gli attori del conflitto; il secondo cerca di
    [Show full text]
  • Ladies and Gentlemen, I Am Professor David Scheffer
    ATROCITY CRIMES LITIGATION YEAR-IN-REVIEW (2008) January 29, 2009 Northwestern University School of Law OPENING REMARKS David Scheffer, Moderator Northwestern University School of Law Ladies and Gentlemen: I am Professor David Scheffer, Director of the Center for International Human Rights here at Northwestern University School of Law. On behalf of the Center, I want to welcome you to the Second Annual Atrocity Crimes Litigation Year-in-Review Conference here at the law school. It is the only conference of its kind anywhere in the United States. We are grateful for the generous support of the John D. and Catherine T. MacArthur Foundation and the international law firm of Baker & McKenzie in making this day possible. Representatives of both of those entities are with us today and we are very grateful for that. I know that Dean David Van Zandt who is on the West Coast today would like to be here, but he is presiding over Northwestern Law’s Securities Regulation Institute in California on matters that cry out for regular examination as we enter the second year of the recession. He extends his warmest regards, thanks and deep respect to all of our distinguished participants. I also want to thank Northwestern University President, Henry Bienen, for his personal assistance in helping to arrange this conference. Finally, thanks to the Northwestern Law students on the Journal for International Human Rights and members of the International Law Society and Amnesty International Chapter at the law school for all of their expert help. We will endeavor today to review the jurisprudence during the calendar year of 2008 of the international and hybrid criminal tribunals, namely the International Criminal Court, the International Tribunals for the Former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the War Crimes Chamber in the State Court of Bosnia and Herzegovina.
    [Show full text]
  • Views of the Future of the Field of International Justice: a Scenarios Project Based on Expert Consultations
    American University International Law Review Volume 33 Issue 4 Article 5 2018 Views of the Future of the Field of International Justice: A Scenarios Project Based on Expert Consultations Jennifer Trahan New York University, [email protected] Follow this and additional works at: https://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation Trahan, Jennifer (2018) "Views of the Future of the Field of International Justice: A Scenarios Project Based on Expert Consultations," American University International Law Review: Vol. 33 : Iss. 4 , Article 5. Available at: https://digitalcommons.wcl.american.edu/auilr/vol33/iss4/5 This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. VIEWS OF THE FUTURE OF THE FIELD OF INTERNATIONAL JUSTICE: A SCENARIOS PROJECT BASED ON EXPERT CONSULTATIONS JENNIFER TRAHAN* OVERVIEW OF POTENTIAL SCENARIOS OF THE FIELD IN TWENTY YEARS...............................................................843 METHODOLOGY ..........................................................................845 I. SCENARIO #1: THE INTERNATIONAL CRIMINAL COURT AS THE DOMINANT INSTITUTION OF THE FUTURE....................................................................................848
    [Show full text]