University of Houston Law Center Syllabus – International Justice and Atrocities (Fall 2019) Professor Zachary D. Kaufman Updated: November 10, 2019

WRS: INTERNATIONAL JUSTICE AND ATROCITIES SYLLABUS

Semester: Fall 2019 Course Number: 7397 Location: Bates Law Building 113 Time: Tuesdays and Thursdays, 2:30 PM – 4:00 PM

Zachary D. Kaufman, J.D., Ph.D. Associate Professor of Law & Political Science Office Hours: By appointment (via email). Email: [email protected] Website: www.zacharykaufman.com

I. COURSE INFORMATION

A. COURSE DESCRIPTION Atrocity crimes—including genocide, war crimes, and crimes against humanity—continue to rage around the world, from Syria and South Sudan to Iraq and Myanmar. This course examines origins, operations, and outcomes of historical and contemporary international justice measures to address such heinous offenses. We will consider the full range of judicial, legislative, and executive “transitional justice” mechanisms available to policymakers as societies emerge from periods of violence and repression. These mechanisms include war crimes tribunals (such as the International Criminal Court), truth commissions, amnesties, lustration, exile, indefinite detention, lethal force, and inaction. The course draws on various case studies, including present-day Syria, Iraq, and Myanmar; Rwanda and the Balkans in the 1990s; and World War II. Readings address the legal, political, and philosophical underpinnings of justice; questions of institutional design; and how different societies have balanced competing legal, policy, and moral imperatives.

B. CONTENT CAUTION This course focuses on international justice for atrocity crimes, including genocide, war crimes, and crimes against humanity. Course materials and discussions may include disturbing images and accounts. Please let me know if you have any concerns about reading, viewing, or engaging with such material and I will work with you to find an appropriate accommodation.

C. LEARNING OUTCOMES By the end of the course, you will: ▪ Appreciate much of the seminal literature on the history and theories of international justice; ▪ Comprehend the objectives, obstacles, and options of international justice; ▪ Grasp and be able to critically analyze key concepts and debates in international justice; ▪ Understand and have evaluated, compared, and contrasted key case studies; ▪ Be able to apply your skills and knowledge to other case studies; and ▪ Have practiced and developed your research, writing, and oral communication skills.

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D. COURSE CREDITS, TYPE, AND GRADING • Number of Credits: This course is 3 credits. • Type of Course: This course is a writing seminar (“WRS”). According to the UHLC Student Handbook: “Students in a Writing Seminar must complete a paper that is original and demonstrates the student’s research and writing skills.” • Grade Computation: Elements used in grading: Attendance, Participation, and Final Paper. o Attendance and Participation (20%): ▪ Attendance: You are expected to attend every class session. If you fail to attend at least 80% of class sessions, you will be in violation of ABA and UHLC policy and may be dropped from the course. I will keep track of attendance by passing around a sign-in sheet. It is an honor code violation to sign in for another student. Late arrivals may be treated as absences. ▪ Participation: Participation in class discussion is necessary both for your own understanding of the material and for the benefit of your classmates. I expect you to be prepared for every class. If, for any reason, you are not prepared for a class, please let me know in advance via email and I will not call on you that day. Being unprepared more than twice during the semester will affect your grade. ▪ In-class simulation: During the penultimate class session, we will hold an in- class simulation. Details will be provided by the third-to-last class session. Your participation in this simulation will count towards your overall participation grade. o Paper (80%): ▪ Description: Please write an independent research paper on a topic related to international justice and atrocity crimes. ▪ Deadlines: • Proposal: The proposal for your paper is due to me by class session 10 (Thursday, September 19, 2019, at 2:30 pm CT). • Draft: A draft of your paper is due to me by class session 20 (Thursday, October 24, 2019, at 2:30 pm CT). • Final Version: The final version of your paper is due to me by Wednesday, December 11, 2019, at 11:59 pm CT. ▪ Proposal: Please include in your proposal as much information as you would like to give me a good sense of the topic. The more you include, the more on which I will be able to provide feedback. Please feel free to include: (1) a brief description of the topic (1 to 3 paragraphs), (2) a preliminary list of sources (5-10 articles and / or books), and (3) any questions you have for me about the nature or scope of the project. Please also feel free to schedule a time to meet with me before you submit your proposal to discuss options you are considering or the scope of a particular topic. ▪ Length: Per the UHLC’s Student Handbook guidance on WRS- designated courses: “Regardless of credit hours, the final version of the paper must be at least 10,000 words, including footnotes. Instructors may require longer papers.” The draft of your final paper may be less than 10,000 words, including footnotes, but the final version of your paper must be at least 10,000 words, including footnotes. If you are interested in writing a

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substantially longer paper, please include a statement to that effect in your proposal. ▪ Formatting: For the proposal, draft, and final version of your paper, please double space lines, set font to Times New Roman 12 point, and set margins to 1 inch all around. ▪ Submission Process: Please submit the proposal, draft, and final version of your paper in both of the following ways: • Hard copy to my office. • Via email to me. • Citations: Please use Bluebook format for citations. For guidance on citations, please see the UHLC Student Handbook, particularly the Honor Code (including the UHLC Plagiarism Policy).

E. STUDENTS WITH DISABILITIES Per the UHLC Student Handbook: “Requests for accommodations should be directed first to the Associate Dean for Student Affairs, with appeal to the Associate Dean for Academic Affairs. Students with disabilities who feel that their requests for accommodations have not been appropriately addressed by the Law Center should address these complaints to the Executive Director of Affirmation Action (713) 743-8835.”

F. STUDENT HEALTH Per the UHLC Student Handbook: “Physical or mental health problems can adversely affect a student’s academic performance. Students may wish to seek counseling from the University Office of Counseling and Testing at (713) 743-5454, or from the University of Houston Medical Health Service Center at (713) 743-5151.” The University of Houston’s Counseling and Psychological Services (CAPS) (http://www.uh.edu/caps) can help students who are having difficulty managing stress, adjusting to the demands of a professional program, or feeling sad and hopeless. To schedule an appointment with CAPS, please call (713) 743-5454. No appointment is necessary for the “Let’s Talk” program (http://www.uh.edu/caps/outreach/lets_talk.html), a drop-in consultation service at convenient locations and hours around campus.

G. CELL PHONES Please silence cell phones during class and keep them in your pocket or bag.

H. PLACARDS Please come to each class with a placard with your name on it and please keep the placard facing me during class.

I. COURSE EVALUATIONS Your feedback about the course is important and greatly appreciated. You will have two opportunities to provide feedback formally: a mid-term evaluation at class session 15 (on Tuesday, October 8) and a final evaluation at the final class session (on Thursday, November 21). In addition, please contact me to provide any additional feedback informally.

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J. FILM SCREENINGS (OPTIONAL) I will host screenings of some course-related films outside of class time. Attendance is purely optional. I will provide more information about these screenings in class.

K. LAPTOPS Although I strongly recommend that you take notes with pen and paper, you may take notes on a laptop. While you are in class, however, you may not browse the Internet, check e-mail or social media, or use Instant Messenger. Doing so is not only disrespectful and unprofessional, but a growing body of scholarly literature suggests that it is apt to impair your performance, as well as the performance of all those sitting nearby.1 If you have any doubt about your ability to comply with this policy, please do not bring a laptop to class.

L. CHATHAM HOUSE RULE ON DISCUSSION AND ATTRIBUTION Classroom discussions are subject to the Chatham House rule: participants are free to use the information received, but neither the identity nor the affiliation of the speakers, nor that of any other participant, may be revealed. This rule, which applies to students and any guest speakers, is meant to encourage frank discussion and allow students and guest speakers to try out arguments. Robust but respectful debate is encouraged. If you have any questions or concerns about class discussions—or feel in any way uncomfortable speaking in class for any reason—please come see me. As part of the Chatham House rule, any audio or visual recording of class is prohibited. The only exceptions to this policy will be announced by me in writing, such as to arrange for the law school to record any make-up classes that might become necessary.

M. COURSE MATERIALS

1. Required Textbooks • GARY JONATHAN BASS, STAY THE HAND OF VENGEANCE: THE POLITICS OF WAR CRIMES TRIBUNALS (rev. ed. 2002) (hereinafter “BASS”). • ZACHARY D. KAUFMAN, UNITED STATES LAW AND POLICY ON TRANSITIONAL JUSTICE: PRINCIPLES, POLITICS, AND PRAGMATICS (rev. ed. 2017) (hereinafter “KAUFMAN”).

2. Blackboard I will post some course materials to Blackboard.

3. Online Some course materials are available publicly online. For those materials, I provide a url in their listing below.

1 See, e.g., Faria Sana et al., Laptop Multitasking Hinders Classroom Learning for Both Users and Nearby Peers, 62 COMPUTERS & EDUCATION 24 (2013), available at http://www.sciencedirect.com/science/article/pii/S0360131512002254; Maryellen Weimer, Students Think They Can Multitask. Here’s Proof They Can’t, FACULTY FOCUS, Sept. 26, 2012, available at http://www.facultyfocus.com/articles/teaching-professor-blog/multitasking-confronting-students-with-the-facts/.

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4. Reserve I will order the following books to be kept on reserve in UHLC’s O’Quinn Law Library: • AFTER GENOCIDE: TRANSITIONAL JUSTICE, POST-CONFLICT RECONSTRUCTION, AND RECONCILIATION IN RWANDA AND BEYOND (Phil Clark & Zachary D. Kaufman eds., 2009). • ANNIE R. BIRD, US FOREIGN POLICY ON TRANSITIONAL JUSTICE (2015). • DAVID BOSCO, ROUGH JUSTICE: THE INTERNATIONAL CRIMINAL COURT IN A WORLD OF POWER POLITICS (2014). • PHIL CLARK, THE GACACA COURTS, POST-GENOCIDE JUSTICE AND RECONCILIATION IN RWANDA: JUSTICE WITHOUT LAWYERS (2010). • JON ELSTER, CLOSING THE BOOKS: TRANSITIONAL JUSTICE IN HISTORICAL PERSPECTIVE (2004) (hereinafter “ELSTER”). • THE EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA: ASSESSING THEIR CONTRIBUTION TO INTERNATIONAL CRIMINAL LAW (Simon Meisenberg & Ignez Stegmiller eds., 2016). • HYBRID JUSTICE: THE EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA (John D. Ciorciari & Anne Heindel eds., 2014). • INTERNATIONALIZED CRIMINAL COURTS: SIERRA LEONE, EAST TIMOR, KOSOVO AND CAMBODIA (Cesare P.R. Romano et al. eds., 2004). • NICOLA PALMER, COURTS IN CONFLICT: INTERPRETING THE LAYERS OF JUSTICE IN POST- GENOCIDE RWANDA (2015). • STEPHEN MACEDO, UNIVERSAL JURISDICTION: NATIONAL COURTS AND THE PROSECUTION OF SERIOUS CRIMES UNDER INTERNATIONAL LAW (2004). • LUC REYDAMS, UNIVERSAL JURISDICTION: INTERNATIONAL AND MUNICIPAL PERSPECTIVES (2003). • NAOMI ROHT-ARRIAZA, THE PINOCHET EFFECT: TRANSNATIONAL JUSTICE IN THE AGE OF HUMAN RIGHTS (2005). • WILLIAM A. SCHABAS, AN INTRODUCTION TO THE INTERNATIONAL CRIMINAL COURT (5th ed. 2017). • DAVID SCHEFFER, ALL THE MISSING SOULS: A PERSONAL HISTORY OF THE WAR CRIMES TRIBUNALS (2012). • THE SPECIAL TRIBUNAL FOR LEBANON: LAW AND PRACTICE (Amal Alamuddin et al. eds., 2014). • RUTI G. TEITEL, GLOBALIZING TRANSITIONAL JUSTICE (2014). • SARAH WILLIAMS, HYBRID AND INTERNATIONALISED CRIMINAL TRIBUNALS: SELECTED JURISDICTIONAL ISSUES (2012).

N. EMAIL CORRESPONDENCE When emailing me, please include the bracketed course name at the beginning of a descriptive subject header. For example, if emailing me a final paper on international justice options for the Rohingya crisis, your subject header would be something like: “[International Justice & Atrocities] Final Paper on International Justice Options for Rohingya Crisis.”

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II. SCHEDULE

This syllabus is based on 28 class sessions. The total number of pages of required reading each week is listed after the “Required Reading” header and the number of pages for each required reading assignment is noted in parentheses after each listing.

SESSION 1 Date: Tuesday, August 20, 2019 Topic: Course Overview; Atrocity Crimes – Overview Required Reading: Total pages = 36. ▪ Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”), available at https://www.ohchr.org/en/professionalinterest/pages/crimeofgenocide.aspx (3). ▪ Rome Statute of the International Criminal Court, articles 5, 6, 7, 8, and 8 bis, https://www.icc-cpi.int/resource-library/Documents/RS-Eng.pdf (6). ▪ David Scheffer, Genocide and Atrocity Crimes, 1 GENOCIDE STUD. & PREVENTION 229-50 (2006) (22). ▪ David Scheffer, The Merits of Unifying Terms: “Atrocity Crimes” and “Atrocity Law,” 2 GENOCIDE STUD. & PREVENTION 91-95 (2007) (5).

SESSION 2 Date: Thursday, August 22, 2019 Topic: International Justice: Origins, Objectives, and Options – Part 1 of 2 Required Reading: Total pages = 26. ▪ Phil Clark, Establishing a Conceptual Framework: Six Key Transitional Justice Themes, in AFTER GENOCIDE: TRANSITIONAL JUSTICE, POST-CONFLICT RECONSTRUCTION, AND RECONCILIATION IN RWANDA AND BEYOND 191-205 (Phil Clark & Zachary D. Kaufman eds., 2009) (15). ▪ Phil Clark, Zachary D. Kaufman & Kalypso Nicolaïdis, Tensions in Transitional Justice, in AFTER GENOCIDE: TRANSITIONAL JUSTICE, POST-CONFLICT RECONSTRUCTION, AND RECONCILIATION IN RWANDA AND BEYOND 381-91 (Phil Clark & Zachary D. Kaufman eds., 2009), available at https://ssrn.com/abstract=1916779 (11).

SESSION 3 Date: Tuesday, August 27, 2019 Topic: International Justice: Origins, Objectives, and Options – Part 2 of 2 Required Reading: Total pages = 74. ▪ BASS 3-36 (Chapter 1: “Introduction”) (34). ▪ KAUFMAN 1-40 (Chapter 1: “Introduction”; Chapter 2: “Overview of Transitional Justice Options and the United States Role in Transitional Justice”) (40).

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SESSION 4 Date: Thursday, August 29, 2019 Topic: International and Transitional Justice Pre-WWI Required Reading: Total pages = 68. ▪ BASS 37-57 (Chapter 2: “St. Helena”) (21). ▪ ELSTER 1-46 (Chapter 1: “Athens in 411 and 403 B.C.” and Chapter 2: “The French Restorations in 1814 and 1815”) (47).

SESSION 5 Date: Tuesday, September 3, 2019 Topic: International Justice for WWI Required Reading: Total pages = 48. ▪ BASS 58-105 (Chapter 3: “Leipzig”) (48).

SESSION 6 Date: Thursday, September 5, 2019 Topic: Foreign Policy on International Justice Required Reading: Total pages = 53. ▪ ANNIE R. BIRD, US FOREIGN POLICY ON TRANSITIONAL JUSTICE 1-29 (2015) (“Introduction” and Chapter 1: “The US Approach to Transitional Justice”) (30). ▪ KAUFMAN 41-63 (Chapter 3: “Competing Theories of United States Policy on Transitional Justice: Legalism Versus Prudentialism”) (23).

SESSION 7 Date: Tuesday, September 10, 2019 Topic: International Justice for WWII: Nazi Germany Required Reading: Total pages = 86. ▪ BASS 147-205 (Chapter 5: “Nuremberg”) (59). ▪ KAUFMAN 65-91 (Chapter 4: “The United States Role in Transitional Justice for German”) (27).

SESSION 8 Date: Thursday, September 12, 2019 Topic: International Justice for WWII: Imperial Japan Required Reading: Total pages = 59. ▪ ELSTER 47-78 (Chapter 3: “The Larger Universe of Cases”) (31). ▪ KAUFMAN 93-120 (Chapter 5: “The United States Role in Transitional Justice for Japan”) (28).

SESSION 9 Date: Tuesday, September 17, 2018 Topic: International Justice for Libya, Iraq, and the Balkans Required Reading: Total pages = 108. ▪ BASS 206-275 (Chapter 6: “The Hague”) (70). ▪ KAUFMAN 121-158 (Chapter 6: “The United States Role in Transitional Justice for Libya, Iraq, and the Former Yugoslavia”) (38).

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SESSION 10 Date: Thursday, September 19, 2019 Topic: International Justice for Rwanda Required Reading: Total pages = 79. ▪ KAUFMAN 159-202 (Chapter 7: “The United States Role in Transitional Justice for Rwanda”) (44). ▪ Samantha Power, Bystanders to Genocide: Why the United States Let the Rwandan Tragedy Happen, ATLANTIC, Sept. 2001, at 84-108 (25).

SESSION 11 Date: Tuesday, September 24, 2019 Topic: Hybrid Approaches to International Justice Required Reading: Total pages = 76. ▪ David Cohen, “Hybrid” Justice in East Timor, Sierra Leone, and Cambodia: “Lessons Learned” and Prospects for the Future, 43 STAN. J. INT’L L. 1-38 (2007) (38). ▪ Laura Dickinson, The Promise of Hybrid Courts, 97 AM. J. INT’L L. 295-310 (2003) (16). ▪ Mark Kersten, Calls for Prosecuting War Crimes in Syria are Growing. Is International Justice Possible?, WASH. POST, Oct. 14, 2016. (4). ▪ Seth Mydans, 11 Years, $300 Million and 3 Convictions. Was the Khmer Rouge Tribunal Worth It?, N.Y. TIMES, Apr. 10, 2017, at A5. (4) ▪ Seth Mydans, Judges Split on Whether Cambodia Tribunal Can Pursue Khmer Rouge Commander, N.Y. TIMES, Nov. 28, 2018, at A6. (4) ▪ Sarah Williams, Hybrid Tribunals: A Time for Reflections, 10 INT’L J. TRANSITIONAL JUSTICE 538-47 (2016) (10).

SESSION 12 Date: Thursday, September 26, 2019 Topic: International Criminal Court – History Required Reading: Total pages = 108. ▪ DAVID BOSCO, ROUGH JUSTICE: THE INTERNATIONAL CRIMINAL COURT IN A WORLD OF POWER POLITICS 1 – 22; 177 – 89 (2014) (35). ▪ WILLIAM A. SCHABAS, AN INTRODUCTION TO THE INTERNATIONAL CRIMINAL COURT vii – xiii; 1-45 (5th ed. 2017) (Preface; Chapter 1: “Creation of the Court”; Chapter 2: “The Court Becomes Operational”) (51).

SESSION 13 Date: Tuesday, October 1, 2019 Topic: International Criminal Court – Operation Required Reading: Total pages = 93. ▪ John R. Bolton, The Risks and Weaknesses of the International Criminal Court from America’s Perspective, 64 L. & CONTEMP. PROBS. 167-80 (2001) (14). ▪ Jack Goldsmith, The Self-Defeating International Criminal Court, 70 U. CHI. L. REV. 89-104 (2003) (16). ▪ Hyeran Jo & Beth A. Simmons, Can the International Criminal Court Deter Atrocity?, 70 INT’L ORG. 443-75 (2016) (33).

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▪ International Criminal Court, How the Court Works, https://www.icc-cpi.int/about/how- the-court-works (approximately 5). ▪ The International Criminal Court on Trial: A Conversation with Fatou Bensouda, FOREIGN AFF., Jan.- Feb. 2017, at 48-53 (6). ▪ Paul Nantulya, What’s Next for Africa and the International Criminal Court, Africa Center for Strategic Studies, Dec. 7, 2017, https://africacenter.org/spotlight/whats-next-africa- international-criminal-court-icc/ (approximately 5). ▪ Rome Statute of the International Criminal Court, preamble and articles 1-17, https://www.icc-cpi.int/resource-library/Documents/RS-Eng.pdf (11). ▪ Alette Smeulers, The ICC Fails to Deter When Deterrence is Needed Most, Apr. 1, 2016, http://jamesgstewart.com/the-icc-fails-to-deter-when-deterrence-is-needed-most/ (approximately 3).

SESSION 14 Date: Thursday, October 3 Topic: International Criminal Court – Aggression and Afghanistan Required Reading: Total pages = 59. Required Reading: International Criminal Court (Aggression) ▪ Zachary D. Kaufman, The United States, Syria, and the International Criminal Court: Implications of the Rome Statute’s Aggression Amendment, 55 HARV. INT’L L.J. ONLINE 35 – 44 (2013), available at https://ssrn.com/abstract=2367262 (10). ▪ Beth Van Schaack, Negotiating at the Interface of Power and Law: The Crime of Aggression, 49 COLUM. J. TRANSNAT’L L. 505 (2011) (28 – skip footnotes). ▪ Alex Whiting, Crime of Aggression Activated at the ICC: Does it Matter?, Just Security, Dec. 19, 2017, https://www.justsecurity.org/49859/crime-aggression-activated-icc-matter/ (approximately 3). Required Reading: International Criminal Court (Afghanistan): ▪ John Bolton, The Hague Aims for U.S. Soldiers, WALL ST. J., Nov. 21, 2017, at A17 (2). ▪ Kip Hale, Why the U.S. Can No Longer Ignore the ICC, FOREIGN AFF., Nov. 16, 2017, https://www.foreignaffairs.com/articles/afghanistan/2017-11-16/why-us-can-no-longer- ignore-icc (2). ▪ Stephen Pomper, The Int’l Criminal Court’s Case Against the United States in Afghanistan: How it Happened and What the Future Holds, Just Security, Nov. 13, 2017, https://www.justsecurity.org/46990/international-criminal-courts-case-u-s-afghanistan- happened-future-holds/ (approximately 4). ▪ Brett Schaefer, How the U.S. Should Respond, Nov. 15, 2017, https://www.heritage.org/courts/report/how-the-us-should-respond-icc-investigation- alleged-crimes-afghanistan (approximately 3). ▪ Statement on Behalf of the United States of America, 16th Session of the Assembly of States Parties, Dec. 8, 2017, available at https://www.justsecurity.org/wp- content/uploads/2017/12/united-states-statement-international-criminal-court-icc- afghanistan-december-2017.pdf (2). ▪ Stephen Pomper, USG Statement on Int’l Criminal Court Probe into Alleged U.S. War Crimes is Missing Some Things, Just Security, Dec. 14, 2017, https://www.justsecurity.org/49360/usg-statement-intl-criminal-court-probe-alleged-u-s- war-crimes-missing-2/ (approximately 5).

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SESSION 15 Date: Tuesday, October 8, 2019 Topic: Universal Jurisdiction; Mid-Term Evaluations Required Reading: Total pages = 138. ▪ Georges Abi-Saab, The Proper Role of Universal Jurisdiction, 1 J. INT’L CRIM. JUST. 596-602 (2003) (7). ▪ Louise Arbour, Will the ICC Have an Impact on Universal Jurisdiction?, 1 J. INT’L CRIM. JUST. 585- 88 (2003) (4). ▪ Hervé Ascensio, Are Spanish Courts Backing Down on Universality? The Supreme Tribunal’s Decision in Guatemalan Generals, 1 J. INT’L CRIM. JUST. 690-702 (2003) (13). ▪ Almudena Bernabeu & Carolyn Patty Blum, The Road to Spain: The Jesuit Massacrew and the Struggle Against Impunity in El Salvador, 18 J. PEACE PSYCHOL. 96-100 (2012) (5). ▪ Antonio Cassese, Is the Bell Tolling for Universality? A Plea for a Sensible Notion of Universal Jurisdiction, 1 J. INT’L CRIM. JUST. 589-95 (2003) (7). ▪ SANDRA COLLIVER & MOIRA FEENEY, NEW TACTICS IN HUMAN RIGHTS (2005) (20). ▪ George P. Fletcher, Against Universal Jurisdiction, 1 J. INT’L CRIM. JUST. 580-84 (2003) (5). ▪ Zachary D. Kaufman, Jesner v. Arab Bank: U.S. Foreign Policy and National Security Interests, JUST SECURITY, Oct. 11, 2017, available at https://ssrn.com/abstract=3051250 (approximately 4). ▪ Henry A. Kissinger, The Pitfalls of Universal Jurisdiction: Risking Judicial Tyranny, FOREIGN AFF., July-Aug. 2001, at 86-96 (11). ▪ Luc Reydams, Belgium Reneges on Universality: The 5 August 2003 Act on Grave Breaches of International Humanitarian Law, 1 J. INT’L CRIM. JUST. 679-89 (2003) (11). ▪ Kenneth Roth, The Case for Universal Jurisdiction, FOREIGN AFF., Sept-Oct. 2001, at 150-54 (5). ▪ HUMAN RIGHTS WATCH, THE LONG ARM OF JUSTICE 1-30 (2014), available at https://www.hrw.org/sites/default/files/reports/IJ0914_ForUpload.pdf (30). ▪ Human Rights Watch, Basic Facts on Universal Jurisdiction, Oct. 19, 2009, https://www.hrw.org/news/2009/10/19/basic-facts-universal-jurisdiction (approximately 6). ▪ Center for Justice and Accountability website (www.cja.org), particularly the following pages: o Alien Tort Statute (http://cja.org/what-we-do/litigation/legal-strategy/the-alien-tort- statute/) (approximately 5). o Litigation (especially the Colvin v. Syria page (http://cja.org/what-we- do/litigation/colvin-v-syria/)) (approximately 3). o A Bold Idea for Justice (http://cja.org/bold-idea-justice/) (approximately 2).

SESSION 16 Date: Thursday, October 10, 2019 Topic: Gacaca Required Reading: Total pages = 33. ▪ PHIL CLARK: THE GACACA COURTS, POST-GENOCIDE JUSTICE AND RECONCILIATION IN RWANDA: JUSTICE WITHOUT LAWYERS 47-80 (2010) (33).

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SESSION 17 Date: Tuesday, October 15, 2019 Topic: Truth Commissions Required Reading: Total pages = 50. ▪ PRISCILLA B. HAYNER, UNSPEAKABLE TRUTHS: TRANSITIONAL JUSTICE AND THE CHALLENGE OF TRUTH COMMISSIONS xi-xvi; 1-44 (2d ed. 2011) (50).

SESSION 18 Date: Thursday, October 17, 2019 Topic: International Citizens’ War Crimes Tribunals Required Reading: Total pages = 22. ▪ Christine Chinkin, Women’s International Tribunal on Japanese Military Sexual Slavery, 95 AM. J. INT’L L. 335-41 (2001) (7). ▪ Arthur Jay Klinghoffer, International Citizens’ Tribunals on Human Rights, in GENOCIDE, WAR CRIMES AND THE WEST 346-60 (Adam Jacobs ed., 2004) (15).

SESSION 19 Date: Tuesday, October 22, 2019 Special Session: Dinner, course-related movie of students’ choice, and discussion at Professor Kaufman’s home. Special Time: 7 pm to 10:45 pm Required Reading: None.

SESSION 20 Date: Thursday, October 24, 2019 Topic: Amnesty Required Reading: Total pages = 18. ▪ Jay Butler, Amnesty for Even the Worst Offenders, 95 WASH. U. L. REV. 589 (2017) (feel free to skip footnotes) (18).

SESSION 21 Date: Tuesday, October 29, 2019 Topic: Atrocity Prevention – Part 1 of 2 Required Reading: Total pages = 65. ▪ MADELEINE K. ALBRIGHT & WILLIAM S. COHEN, PREVENTING GENOCIDE: A BLUEPRINT FOR U.S. POLICYMAKERS XV-XXIV; 1-53 (2008), available at https://www.ushmm.org/m/pdfs/20081124-genocide-prevention-report.pdf (65).

SESSION 22 Date: Thursday, October 31, 2019 Topic: Atrocity Prevention – Part 2 of 2 Required Reading: Total pages = 60. ▪ MADELEINE K. ALBRIGHT & WILLIAM S. COHEN, PREVENTING GENOCIDE: A BLUEPRINT FOR U.S. POLICYMAKERS 55-114 (2008), available at https://www.ushmm.org/m/pdfs/20081124-genocide-prevention-report.pdf (60).

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SESSION 23 Date: Tuesday, November 5, 2019 Topic: Executive Branch Tools to Prevent Atrocity Crimes and Promote International Justice Required Reading: Total pages = 67. ▪ Presidential Study Directive on Mass Atrocities, Aug. 4, 2011, available at https://obamawhitehouse.archives.gov/the-press-office/2011/08/04/presidential-study- directive-mass-atrocities (approximately 4). ▪ JOHN NORRIS & ANNIE MALKNECHT, ATROCITIES PREVENTION BOARD: BACKGROUND, PERFORMANCE, AND OPTIONS (2013), available at https://cdn.americanprogress.org/wp- content/uploads/2013/06/AtrocitiesPrevBoard.pdf (42). ▪ James P. Finkel, Moving Beyond the Crossroads: Strengthening the Atrocity Prevention Board, 9 GENOCIDE STUDIES & PREVENTION 138-47 (2015), available at http://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=1361&context=gsp (10). ▪ Executive Order – Comprehensive Approach to Atrocity Prevention and Response, May 18, 2016, available at https://obamawhitehouse.archives.gov/the-press- office/2016/05/18/executive-order-comprehensive-approach-atrocity-prevention-and- response (approximately 6). ▪ Nadia Rubaii & Max Pensky, The US Has Taken a Backseat on Preventing Genocide Since Well Before Trump Became President, BUSINESS INSIDER, Aug. 13, 2017, http://www.businessinsider.com/trump-stance-on-human-rights-genocide-2017-8 (approximately 5).

SESSION 24 Date: Thursday, November 7, 2019 Topic: No class. Required Reading: None.

SESSION 25 Date: Tuesday, November 12, 2019 Topic: Legislative Branch Tools to Prevent Atrocity Crimes and Promote International Justice Required Reading: Total pages = 60. • Zachary D. Kaufman, Legislating Atrocity Prevention, 57 HARVARD JOURNAL ON LEGISLATION (forthcoming), https://ssrn.com/abstract=3484442 (52). • Elie Wiesel Genocide and Atrocities Prevention Act of 2018, Pub. L. No. 115-441, 132 Stat. 5586 (2019), https://www.congress.gov/115/plaws/publ441/PLAW-115publ441.pdf (4). • John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115- 232, 132 Stat. 1636 (2018), https://www.congress.gov/115/plaws/publ232/PLAW- 115publ232.pdf. o Only section 1232 (Syrian War Crimes Accountability) (4).

12 University of Houston Law Center Syllabus – International Justice and Atrocities (Fall 2019) Professor Zachary D. Kaufman Updated: November 10, 2019

SESSION 26 Date: Thursday, November 14, 2019 Topic: Assessment of International Justice Required Reading: Total pages = 47. • Jack Snyder & Leslie Vinjamuri, Trials and Errors: Principle and Pragmatism in Strategies of International Justice, 28 INT’L SECURITY 5 (2003-04) (40). • Raad Al Hussein et al., The International Criminal Court Needs Fixing, Atlantic Council (Apr. 24, 2019), https://www.atlanticcouncil.org/blogs/new-atlanticist/the-international-criminal- court-needs-fixing/ (2). • Douglas Guilfoyle, Reforming the International Criminal Court: Is it Time for the Assembly of Sate Parties to be the Adults in the Room?, EJIL: Talk! (May 8, 2019), https://www.ejiltalk.org/reforming-the-international-criminal-court-is-it-time-for-the- assembly-of-state-parties-to-be-the-adults-in-the-room/ (7).

SESSIONS 27 & 28 Date: Tuesday, November 19, 2019; Thursday, November 21, 2019 Topic: In-Class Simulation; Review; Final Evaluations Required Reading: None.

13 University of Houston Law Center Syllabus – International Justice and Atrocities (Fall 2019) Professor Zachary D. Kaufman Updated: November 10, 2019

III. ADDITIONAL RESOURCES

A. JOURNALS

Below is a selected list of journals related to this course.

▪ African Affairs ▪ Africa Confidential ▪ African Research Bulletin ▪ African Security Review ▪ African Studies Quarterly ▪ American Journal of International Law ▪ Criminal Law Forum ▪ Development and Change ▪ European Journal of International Law ▪ Foreign Affairs ▪ Foreign Policy ▪ Genocide Studies and Prevention ▪ Holocaust and Genocide Studies ▪ Human Rights Law Review ▪ Human Rights Quarterly ▪ International Affairs ▪ International Criminal Law Review ▪ International Journal of Human Rights ▪ International Journal of Transitional Justice ▪ International Justice Tribune ▪ International Organization ▪ International Security ▪ Journal of Asian and African Studies (after 2002, African and Asian Studies) ▪ Journal of Conflict and Security Law ▪ Journal of Conflict Studies ▪ Journal of Contemporary African Studies ▪ Journal of Genocide Research ▪ Journal of Human Rights ▪ Journal of International Criminal Justice ▪ Journal of Modern African Studies ▪ Review of African Political Economy ▪ Survival ▪ Third World Quarterly ▪ Transitional Justice Review ▪ World Politics

14 University of Houston Law Center Syllabus – International Justice and Atrocities (Fall 2019) Professor Zachary D. Kaufman Updated: November 10, 2019

B. FILMS

Below is a selected list of films related to this course.

Topic Film Title Film Year The Armenian Genocide 2006 Armenia Intent to Destroy 2017 The Promise 2016 The Devil Next Door 2019 Good Evening, Mr. Wallenberg 1990 Judgment at Nuremberg 1961 Nuremberg 2000 Nuremberg: Its Lesson for Today 1946 Germany / (restored Nuremberg Tribunal (IMT) in 2010) Nuremberg – Tyranny on Trial (History Channel) 1995 Nuremberg Trials 1947 Schindler’s List 1993 Prosecuting Evil 2018 Japan / Men Behind the Sun 1989 Tokyo Tribunal (IMTFE) Tokyo Trial 1983 Cambodia / Biography – Pol Pot: Secret Killer 2006 Extraordinary Chambers in First they Killed my Father 2017 the Courts of Cambodia The Killing Fields 1984 (ECCC) S-21: The Khmer Rouge Killing Machine 2002 Yugoslavia / Behind Enemy Lines 2001 UN International Criminal Bringing Down a Dictator 2001 Tribunal for the former The Death of Yugoslavia 1995 Yugoslavia (ICTY) Welcome to Sarajevo 1997 100 Days 2001 Beyond the Gates (also called Shooting Dogs) 2005 The Dead Are Alive: Eyewitness in Rwanda 1996 Earth Made of Glass 2011 Gacaca, Living Together Again in Rwanda? 2002 Ghosts of Rwanda (PBS) 2004 God Sleeps in Rwanda 2005 Rwanda / Hotel Rwanda 2004 UN International Criminal The Last Just Man 2002 Tribunal for Rwanda (ICTR) In Rwanda We Say… The Family that Does Not Speak dies 2004 Munyurangabo 2008 My Neighbor, My Killer 2009 The Notebooks of Memory 2009 Shake Hands with the Devil 2010 Shake Hands with the Devil: The Journey of Romeo Dallaire 2005 Sometimes in April 2005 A Sunday in Kigali 2006 The Triumph of Evil (Frontline) 1999 The Uncondemned 2016 International Criminal Court The Reckoning: 2009 (ICC) The Battle for the International Criminal Court Sierra Leone / War Don Don 2010 Special Court for Sierra Leone (SCSL)

15 University of Houston Law Center Syllabus – International Justice and Atrocities (Fall 2019) Professor Zachary D. Kaufman Updated: November 10, 2019

Confronting the Truth: 2007 South Africa / Truth Commissions and Societies in Transition Truth and Reconciliation Long Night’s Journey into Day 2000 Commission (TRC) Red Dust 2004 Where the Truth Lies 1999 The Devil Came on Horseback 2007 Sudan Darfur Now 2007 God Grew Tired of Us 2005 Lost Boys of Sudan (POV) 2003 Colombia When the Guns Go Silent 2017 Uganda The Last King of Scotland 2006 Chad Hissein Habré, a Chadian Tragedy 2017 Indonesia The Act of Killing 2012 The Look of Silence 2014 The Cave 2019 Hell on Earth: 2017 Syria The Fall of Syria and the Rise of ISIS Last Men in Aleppo 2017 Syria’s Disappeared: The Case Against Assad 2017 The White Helmets 2016 Iraq The Trial of Saddam Hussein 2007

16 University of Houston Law Center Syllabus – International Justice and Atrocities (Fall 2019) Professor Zachary D. Kaufman Updated: November 10, 2019

C. ORGANIZATIONS AND ELECTRONIC LISTSERVS

Below is a selected list of organizations related to this course, many of which host electronic listservs to which you can subscribe or blogs you can read.

1. Governmental ▪ United States Department of Justice o Human Rights and Special Prosecutions Section o Office of Overseas Prosecutorial Development, Assistance, and Training ▪ United States Department of State o Bureau of African Affairs o Bureau of Democracy, Human Rights, and Labor o Office of Global Criminal Justice o Office of the Legal Adviser

2. Inter-Governmental ▪ United Nations o High Commissioner for Human Rights o High Commissioner for Refugees o Special Adviser on the Prevention of Genocide, Office of the Secretary-General o Special Adviser on the Responsibility to Protect, Office of the Secretary-General ▪ International Courts o Extraordinary Chambers in the Court of Cambodia o International Court of Justice o International Criminal Court o Mechanism for International Criminal Tribunals o Residual Special Court for Sierra Leone o Special Tribunal for Lebanon

3. Non-Governmental (Organizations and Blogs) ▪ Africa Action ▪ American Bar Association o Center for Human Rights o Rule of Law Initiative o Section of International Law ▪ American Society of International Law ▪ Amnesty International ▪ Bill & Melinda Gates Foundation ▪ Carnegie Endowment for International Peace ▪ Carter Center ▪ Center for Strategic and International Studies ▪ Clinton Foundation ▪ Coalition for the International Criminal Court ▪ Committee on Conscience, United States Holocaust Memorial Museum ▪ Council on Foreign Relations ▪ Duck of Minerva

17 University of Houston Law Center Syllabus – International Justice and Atrocities (Fall 2019) Professor Zachary D. Kaufman Updated: November 10, 2019

▪ EJIL Talk! ▪ Enough: The Project to End Genocide and Crimes Against Humanity, Center for American Progress ▪ Genocide Intervention Network (merging with Save Darfur) ▪ Genocide Watch ▪ Global Rights ▪ Human Rights First ▪ Human Rights Watch ▪ Humanity United ▪ International Association of Genocide Scholars ▪ International Center for Transitional Justice ▪ International Committee of the Red Cross ▪ International Crisis Group ▪ International League for Human Rights ▪ IntLawGrrls ▪ Institute for War and Peace Reporting ▪ Just Security ▪ Justice Hub ▪ Justice in Conflict ▪ Lawfare ▪ Monkey Cage (Washington Post) ▪ Open Society Institute ▪ Opinio Juris ▪ Physicians for Human Rights ▪ Search for Common Ground ▪ United to End Genocide ▪ United States Institute of Peace ▪ War Crimes Tribunal Watch ▪ WITNESS

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