Eighteenth Summer Session of Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law Sunday 31 July – Wednesday 10 August 2016 Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law Founded by Otto Triffterer in collaboration with ELSA Salzburg at the Salzburg Law Faculty ________ Continued by the Salzburg Law Faculty under the direction of Astrid Reisinger Coracini 2 Eighteenth Summer Session, Sunday 31 July – Wednesday 10 August 2016 Academic Programme: Astrid Reisinger Coracini Executive Team: Anna Blumauer, Bernhard Zwein Achieving International Criminal Justice by Safeguarding the Principle of Equality for Unequal Perpetrators of Crimes Under International Law Points of contact and venues SLS Hotline xxxx, Anna Blumauer xxxx, Bernhard Zwein Accommodation Hotel Kolpinghaus, Adolf-Kolping-Straße 10, 5020 Salzburg, Phone: xxxx Opening Ceremony ‘Alte Aula’, Library of the University of Salzburg, Hofstallgasse 2-4 (just across the ‘Festspielhaus’), Monday, 1 August at 10 a.m. Lectures Law Faculty, Churfürststraße 1, Toskanatrakt, Room HS 208 Lunch Cafeteria of the Faculty of Law of the University of Salzburg located in the courtyard at Churfürststraße 1 (Faculty of Law, Toskanatrakt) Announcements Kindly check our flip charts outside the lecture room and in the lobby of Hotel Kolpinghaus for announcements concerning changes of the academic programme, further activities and the social programme. Please bring your amended Rome Statute, Elements of Crimes and Rules of Procedure and Evidence to all sessions! The following timetable may be subject to changes on short notice. SUNDAY, 31 July 2016 Welcome and registration of participants at Hotel Kolpinghaus starts at 4 p.m. Dinner: 8 p.m., Hotel Kolpinghaus 3 SLS 2016 ACADEMIC PROGRAMME MONDAY, 1 August 2016 10.00 a.m. Opening Ceremony Welcome: Prof. Dr. Kirsten Schmalenbach, Head of the Department of Public International Law, Member of the Senate of the Paris-Lodron-University Salzburg Prof. DDr. Maria Eder, Department of Criminal Law and Criminal Procedure at the Paris-Lodron-University Salzburg Preliminary remarks Prof. Flavia Lattanzi, Professor of International Law, University LUISS-Guido Carli, Rome, former Judge at the International Criminal Tribunal for the Former Yugoslavia and at the International Criminal Tribunal for Rwanda 10.30 a.m. Keynote address • Prosecutorial strategy in the selection of situations and cases: Legal and policy considerations at the ICC and their implications for the international criminal justice system Mrs. Fatou Bensouda, Prosecutor of International Criminal Court 12.00 a.m. Introduction to the academic programme of SLS 2016 Dr. Astrid Reisinger Coracini, Director of the Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law 12.30 a.m. Reception Lunch: 13.00 - 14.15, Cafeteria First Session: 14.15 – 17.30, HS 208 (with coffee break and discussion) • Light and shadows of international criminal justice Prof. Flavia Lattanzi • The notion and scope of international criminal law Prof. Roger Clark, Board of Governors Professor, Rutgers University School of Law Dinner: 19.00 - 20.00, Hotel Kolpinghaus 4 TUESDAY, 2 August 2016 Second Session: 9.30 – 13.00, HS 208 (with coffee break and discussion) • Applying the definition of the crime of aggression in the situation of armed activities in Utopia Prof. Roger Clark • The legality of the use of military force for the purpose of halting genocide, crimes against humanity, 'large scale' war crimes and the crime of aggression Dr. David Donat Cattin, Secretary-General, Parliamentarians for Global Action; Adjunct Assistant Professor of International Law, Center for Global Affairs, New York University Lunch: 13.00 - 14.15, Cafeteria Fourth Session: 14.15 – 17.30, HS 208 (with coffee break and discussion) • The prosecution of high State officials, a stumbling block to the performance of the Assembly of States Parties and to the Court? Dr. Konrad Bühler, Director, Department for International Law, Austrian Federal Ministry for Europe, Integration and Foreign Affairs • ‘[A]nd that their effective prosecution must be ensured’ – The conditions under which the ICC may exercise its jurisdiction over the crime of aggression revisited Dr. Astrid Reisinger Coracini Dinner: 19.00 - 20.00, Hotel Kolpinghaus WEDNESDAY, 3 August 2016 Fourth Session: 9.30 – 13.00, HS 208 (with coffee break and discussion) • Incentives and self-interests: How to ensure non-state actors’ compliance with international humanitarian law Prof. Charles Garraway, Fellow, Human Rights Centre, University of Essex; Member of the International Humanitarian Fact-Finding Commission; Former Stockton Professor of International Law, United States Naval War College • Criminal responsibility of legal persons under international law? Judge Daniel N. Nsereko, Judge at the Special Tribunal for Lebanon; Former Judge at the International Criminal Court; Professor of Law, University of Botswana at Gaborone Lunch: 13.00 - 14.00, Cafeteria Afternoon: Guided city tour, meeting point: Cafeteria, Toskanatrakt, 14.00 or time at the disposal of participants Dinner: 19.00 - 20.00, Hotel Kolpinghaus 5 THURSDAY, 4 August 2016 Fifth Session: 9.30 – 13.00, HS 208 (with coffee break and discussion) • Irrelevance of Head of State Immunity Judge Daniel N. Nsereko • Towards equality before the law through universality of the Statute, independence of the Court and control of power — the politics of international criminal justice Dr. David Donat Cattin Lunch: 13.00 - 14.15, Cafeteria Sixth Session: 14.15 – 18.00, HS 208 (with coffee break and discussion) • Exploiting the symbolism of attacks against cultural property – A new method of warfare? Prof. Charles Garraway • Screening of Oscar winner Stefan Ruzowitzky’s ‘Radical Evil’ (2014) Salzburger Filmkulturzentrum DAS KINO, Giselakai 11, 5020 Salzburg Dinner: 19.00 - 20.00, Hotel Kolpinghaus FRIDAY, 5 August 2016 Seventh Session: 9.30 – 13.00, HS 208 (with coffee break and discussion) • Article 53, between the duty to prosecute and prosecutorial discretion: How to target alleged perpetrators equally by applying the law as it is Mr. Gilbert Bitti, Senior Legal Advisor to the Pre-Trial Division, ICC • Should the ICC focus more or less on non-State actors? Prof. Frédéric Mégret, Associate Professor of Law, Canada Research Chair on the Law of Human Rights and Legal Pluralism, McGill University Lunch: 13.00 - 14.15, Cafeteria Eighth Session: 14.15 – 17.30 • Alleged perpetrators between national and international prosecution – The Court’s ‘same person/same conduct’ test under scrutiny Ms. Eleni Chaitidou, Legal Officer at the Pre-Trial and Trial Divisions, ICC • International criminal justice as a peace project Prof. Frédéric Mégret Dinner: 19.00 - 20.00, Hotel Kolpinghaus 6 SATURDAY, 6 August 2016 Ninth Session: 9.30 – 13.00, HS 208 (with coffee break and discussion) • The Einsatzgruppen case: Prosecuting the ‘biggest murder trial in history’ Prof. Benjamin Ferencz, A leading Nuremberg Prosecutor with continuous efforts to enhance international criminal law and its enforcement (via video message) • Workshop on recent jurisprudence of the International Criminal Court Mr. Gilbert Bitti Ms. Eleni Chaitidou Lunch: 13.15 - 14.30, Restaurant Stieglkeller, Festungsgasse 10 Afternoon: FREE time at the disposal of participants Dinner: 19.00 - 20.00, Hotel Kolpinghaus SUNDAY, 7 August 2016 FREE time at the disposal of participants Dinner: 19.00 - 20.00, Hotel Kolpinghaus MONDAY, 8 August 2016 Tenth Session: 9.30 – 13.00, HS 208 (with coffee break and discussion) • Challenges of the Eastern Partnership from the Perspective of the European Neighbourhood Dr. Doris Wydra, Executive Director Salzburg Centre of European Union Studies, University of Salzburg • A Georgian knot? Unravelling the first non-African investigation of the International Criminal Court Dr. Gleb Bogush, Associate Professor of Criminal Law and Criminology at the Lomonosov Moscow State University and Lecturer of International Law at the Russian Academy of Justice Lunch: 13.00 - 14.15, Cafeteria 7 Eleventh Session: 14.15 – 17.30, HS 208 (with coffee break and discussion) • ‘Take me home Mother Russia’? International law and the use of force in Crimea and Eastern Ukraine Prof. Gerhard Hafner, Emeritus Professor of International Law, University of Vienna and former member of the ILC • Flight MH 17: A quest for international criminal justice Dr. Gleb Bogush Dinner: 19.00 - 20.00, Hotel Kolpinghaus TUESDAY, 9 August 2016 Twelfth Session: 9.30 – 13.00, HS 208 (with coffee break and discussion) • The causes of crimes under international law: Case studies from the Holocaust to ISIS Prof. Alette Smeulers, Professor in International Criminology, Universities of Tilburg and Groningen and is also working a s a freelance consultant, trainer and researcher • Towards a typology of perpetrators of crimes under international law? Prof. Alette Smeulers Lunch: 13.00 - 14.15, Cafeteria Thirteenth & Closing Session: 14.15 – 16.00, HS 208 Evaluation of the outcome of the Salzburg Law School 2016 Future plans Distribution of Certificates Refreshments Closing Dinner: 19.00h, Roof Top Terrace Restaurant ‘The Pitter’, Crowne Plaza Hotel, Rainerstrasse 6-8 WEDNESDAY, 10 August 2016 Departure of participants 8 SLS 2016 Faculty Mrs. Fatou Bensouda Mrs. Fatou Bensouda is the Prosecutor of the International Criminal Court (ICC), having assumed office in 2012. In 2011, she was elected by consensus by the Assembly