Books – Nuremberg Academy Series

• Edited by: Alexander Heinze and Viviane E. Dittrich
• Year: 2021

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Abstract

This edited volume provides a broad perspective on the International Criminal Court’s development over time and explores some of its topical issues, achievements, challenges and critiques. The anthology combines reflections from scholars and practitioners and includes voices from inside and outside the Court, featuring multiple readings of its activities, practice and developments. In line with the volume’s title, the authors portray the establishment and development of the Court (hence the theme "past"), critically engage with its successes and challenges ("present"), and draw conclusions on its achievements and way forward ("future"). The book examines five key topics: prosecutorial policy and strategy, jurisdiction and admissibility, victims and witnesses, defence issues, and legitimacy and independence. It includes a number of papers and speeches given at the Nuremberg Forum 2018.

The book includes chapters by Benjamin B. Ferencz, Leila Nadya Sadat, Christopher 'Kip' Hale, Katarína Šmigová, Fannie Lafontaine and Claire Magnoux, André C.U. Nwadikwa-Jonathan and Nicholas E. Ortiz, Fergal Gaynor, Andrea Marrone, Anderson Javiel Dirocie De León, Adedeji Adekunle, Ellie Smith, Christoph Safferling and Gurgen Petrossian, Juan Pablo Pérez-León-Acevedo, Hilde Farthofer, Benjamin Gumpert and Yulia Nuzban, Philippe Currat and Brice van Erps, Cara Cunningham Warren, Nicolai von Maltitz and Thomas Körner, Shannon Fyfe, Barbara Lochbihler, Bakhtiyar Tuzmukhamedov, Heiko Maas, Fatou Bensouda and Bertram Schmitt, in that order; and by the editors themselves. The book contains forewords by Piotr Hofmański, President of the International Criminal Court, and Mama Koité Doumbia, Chair of the Board of Directors of the Trust Fund for Victims.

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Table of contents

Foreword by the Series Editor
Preface by the Editors
Foreword by Piotr Hofmanski
Foreword by Mama Koité Doumbia

1. The International Criminal Court: Between Continuity and Renewal
By Viviane E. Dittrich

2. Attacked, Applauded, Threatened, Universalized. Or: A Wednesday at the International Criminal Court
By Alexander Heinze

PART I: STOCKTAKING: LOOKING BACK AND LOOKING AHEAD

3. Is Power or Reason the Way to Peace?
By Benjamin B. Ferencz

4. Justice without Fear or Favour? The Uncertain Future of the International Criminal Court
By Leila Nadya Sadat

5. The Way Forward for the International Criminal Court and its Stakeholders: Focus Inward
By Christopher R.F. Hale

6. The Relevance of the Nuremberg Principles as a Source of Law for Decision Making of Subsequent International Criminal Judiciary
By Katarína Šmigová

PART II: CONTEXT AND CONSTRAINTS

SECTION A: PROSECUTORIAL POLICY AND PRACTICE

7. Prosecuting "The Most Responsible": The Law and Politics of the Expectation and Strategy
By Fannie Lafontaine and Claire Magnoux

8. The Use of Non-Governmental Investigatory Bodies at the Office of the Prosecutor of the International Criminal Court: An Offer We Can(not) Refuse?
By André C. U. Nwadikwa-Jonathan and Nicholas E. Ortiz

SECTION B: JURISDICTION AND ADMISSIBILITY: NORMATIVE CONSIDERATIONS AND PROSECUTORIAL DISCRETION

9. General Assembly Referral to the International Criminal Court
By Fergal Gaynor

10. The Complementary Global Regimes Working for Peace and Justice and the Pursuit of Universal Jurisdiction
By Andrea Marrone

11. Complementarity and Due Process as a Question of Admissibility: From Fighting Impunity to Seeking Justice?
By Anderson Javiel Dirocie De León

12. The Dynamics of Complementarity and Preliminary Examinations 
By Adedeji Adekunle

SECTION C: VICTIMS AND WITNESSES

13. Trauma in the Witness Stand - Effective Evaluation of Trauma-Impacted Testimony at the International Criminal Court
By Ellie Smith

14. Five Categories of Victims and the Consequences on the International Criminal Court
By Christoph Safferling and Gurgen Petrossian

15. Judicial Protective Measures for Victims and Witnesses vis-à-vis External Actors at the International Criminal Court
By Juan-Pablo Pérez-León-Acevedo

16. The Development of Witness Evidence Law at the International Criminal Court
By Hilde Farthofer

SECTION D: DEFENCE ISSUES: PROCEDURAL AND INSTITUTIONAL PERSPECTIVES

17. Length of Proceedings at the International Criminal Court: Context, Latest Developments, and Proposed Steps to Address the Issue
By Benjamin Gumpert and Yulia Nuzban

18. Founding an International Criminal Court Bar
By Philippe Currat and Brice van Erps

SECTION E: LEGITIMACY AND INDEPENDENCE

19. Cultivating the Court’s Legitimacy and the Use of Constructivism to Prepare for Head of State Aggression Prosecutions
By Cara Cunningham Warren

20. Defining Situations at the International Criminal Court
By Nicolai von Maltitz and Thomas Körner

21. Politics and the Institutional Integrity of the International Criminal Court
By Shannon Fyfe

PART III: ACHIEVEMENTS AND LEGACY: REFLECTIONS ON THE TWENTIETH ANNIVERSARY OF THE ROME STATUTE

22. Quo vadis, International Criminal Court? The European Union’s Role and Responsibility to Support the International Criminal Court in Good Times and in Bad Times
By Barbara Lochbihler

23. Russia and the International Criminal Court: From Uncertain Engagement to Positive Disengagement
By Bakhtiyar Tuzmukhamedov

24. Speech by Foreign Minister Heiko Maas at the Nuremberg Forum 2018 Marking the Twentieth Anniversary of the Rome Statute
By Heiko Maas

25. Speech by Prosecutor Fatou Bensouda at the Nuremberg Forum 2018 Marking the Twentieth Anniversary of the Rome Statute
By Fatou Bensouda

26. The Twentieth Anniversary of the Rome Statute of the International Criminal Court
By Bertram Schmitt

Index
TOAEP Team

Other Volumes in the Nuremberg Academy Series

• Edited by: Morten Bergsmo and Viviane E. Dittrich
• Year: 2020

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Abstract

This is the first book to comprehensively analyse integrity in international justice. Thirty-three chapters discuss in-depth the meaning of integrity, awareness and culture of integrity, the roles of international organizations and states as well as international courts in enhancing integrity, integrity as seen through the lens of cases, and the relationship between the principles of independence and integrity. The book considers integrity as a legally binding standard in international courts, while including perspectives from other disciplines such as philosophy, history, psychology and religion. It argues that respect for integrity among high officials and staff members is a prerequisite for international courts and other international organizations to fulfil their mandates.

The authors include the prominent judges Hans Corell, Richard J. Goldstone, Hanne Sophie Greve, Ivana Hrdličková, Erik Møse and David Re, and 37 other leading actors and experts in the fi eld of international justice: Adedeji Adekunle, Jonathan Agar, Marina Aksenova, Antonio Angotti, Mohamed Badar, Morten Bergsmo, Vieri Biondi, Julija Bogoeva, Emiliano J. Buis, Andrew T. Cayley CMG QC, Dieneke de Vos, Viviane E. Dittrich, David Donat Cattin, Gunnar Ekeløve-Slydal, Polona Florijančič, Jan Fougner, Shannon Fyfe, Gregory S. Gordon, Alexander Heinze, Marta Hirsch-Ziembinska, Brigid Inder OBE, Karim A.A. Khan, Cyril Laucci, Adel Maged, Teresa McHenry, Suhail Mohammed, Salim A. Nakhjavani, Juan Carlos Botero Navia, Matthias Neuner, Shan Patel, Adrian M. Plevin, Basil Saen, Bettina Spilker, Christopher Staker, Ann Marie Ursini, Melissa Verpile and William H. Wiley.

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Table of contents

Foreword by the Series Editor
Preface by the Co-Editors
Foreword by Hans Corell
Foreword by Richard J. Goldstone

Integrity as Safeguard Against the Vicissitudes of International Justice Institutions
By Morten Bergsmo and Viviane E. Dittrich

PART I: MEANING OF INTEGRITY

1. Physically Upright, Morally Sound: Recreating Ancient ‘Integrity’
By Emiliano J. Buis

2. Integer Vitae: Christian Sources and Reflections on Integrity in Justice
By Hanne Sophie Greve

3. Sharí‘ah Sources and Reflections on Integrity
By Adel Maged

4. Sir Thomas More and Integrity in Justice
By Gunnar M. Ekeløve-Slydal

5. The Dag Hammarskjöld Legacy and Integrity in International Civil Service
By Hans Corell

6. Multicultural Understanding of Integrity in International Criminal Justice
By Juan Carlos Botero

7. Ethics, Integrity and the Bemba Acquittal
By Shannon Fyfe

PART II: AWARENESS AND CULTURE OF INTEGRITY

8. Conformity, Leadership and the Culture of Integrity at the International Criminal Court
By Brigid Inder

9. Effective Leadership, Management and Integrity in International Criminal Investigations
By William H. Wiley

10. Decency as a Prerequisite to Integrity in International Proceedings
By Andrew T. Cayley

11. Only the Best Should Prosecute and Judge in International Justice
By Julija Bogoeva

12. The Role of Aesthetics in Furthering Integrity
By Marina Aksenova

PART III: ROLE OF INTERNATIONAL ORGANIZATIONS AND STATES

13. Institutional Ethics, Individual Integrity, and Sexual Harassment: Recent Developments in Ethics Standard-Setting and Mechanisms at the United Nations
By Dieneke T. de Vos

14. Sexual Harassment
By Matthias Neuner

15. Integrity and the Work of the European Ombudsman
By Marta Hirsch-Ziembinska and Vieri Biondi

16. On Whistle-Blowing and Inquiry in Public Institutions
By Jan Fougner

17. Private International Criminal Investigations and Integrity
By Alexander Heinze

PART IV: ROLE OF INTERNATIONAL COURTS

18. Codes of Judicial Ethics: An Emerging Culture of Accountability for the Judiciary?
By Bettina Julia Spilker

19. Reflections on Integrity in International Criminal Justice and Regional Human Rights Courts
By Erik Møse

20. Integrity and Independence in the Delivery of Accountability: Harnessing International and Domestic Frameworks in Pursuit of Justice for ISIL Crimes
By Karim A.A. Khan and Jonathan Agar

21. The Wider Policy Framework of Ethical Behaviour: Outspoken Observations from a True Friend of the International Criminal Court
By Cyril Laucci

22. Does the International Criminal Court Really Need an Ethics Charter?
By Suhail Mohammed and Salim A. Nakhjavani

PART V: INTEGRITY AND THE LENS OF CASES

23. Reflections on Integrity in the Prosecution of International Cases
By Teresa McHenry and Ann Marie Ursini

24. Individual Integrity and Independence of Judges: The Akay Saga
By Antonio Angotti, Basil Saen and Shan Patel

25. The Disqualification of Judge Frederik Harhoff: Implications for Integrity
By Mohamed Badar and Polona Florijančič

26. Integrity in International Criminal Law: Post-Conviction Proceedings
By Gregory S. Gordon

PART VI: INDEPENDENCE AND INTEGRITY

27. Judicial Independence and Accountability at International Criminal Courts and Tribunals
By Ivana Hrdličková and Adrian M. Plevin

28. Prosecutorial Language, Integrity and Independence
By Richard J. Goldstone

29. Integrity and the Preservation of Independence in International Criminal Justice
By David Donat Cattin and Melissa Verpile

30. Integrity and Independence: Common Standards and Uneven Cost of Implementation
By Adedeji Adekunle

31. Integrity and the Inevitable Political Exposure of International Criminal Justice
By Christopher Staker

32. Some Reflections on Integrity in International Justice
By David Re

Index
TOAEP Team
Other Volumes in the Nuremberg Academy Series

• Edited by: Viviane E. Dittrich, Kerstin von Lingen, Philipp Osten and Jolana Makraiová
• Year: 2020

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Abstract

The ‘International Military Tribunal for the Far East’ (IMTFE), held in Tokyo from May 1946 to November 1948, was a landmark event in the development of modern international criminal law. The trial in Tokyo was a complex undertaking and international effort to hold individuals accountable for core international crimes and delivering justice. The Tribunal consisted of 11 judges and respective national prosecution teams from 11 countries and a mixed Japanese–American team of defence lawyers. The IMTFE indicted 28 Japanese defendants, amongst them former prime ministers, cabinet ministers, military leaders and diplomats, based on a 55-count indictment pertaining to crimes against peace, war crimes and crimes against humanity. The judgment was not unanimous, with one majority judgment, two concurring opinions and three dissenting opinions. The trial and the outcome were the subject of significant controversy and the Tribunal’s files were subsequently shelved in the archives. While its counterpart in Europe, the ‘International Military Tribunal’ (IMT) at Nuremberg, has been at the centre of public and scholarly interest, the Tokyo Tribunal has only recently gained international scholarly attention.

This volume combines perspectives from law, history and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal. The collection is based on an international conference marking the seventieth anniversary of the judgment of the IMTFE, which was held in Nuremberg in 2018. The volume features reflections by eminent scholars and experts on the establishment and functioning of the Tribunal, procedural and substantive issues as well as receptions and repercussions of the trial.

The book contains chapters by the editors, Gerry Simpson, David M. Crowe, Diane Orentlicher, Diane Marie Amann, Kayoko Takeda, Yuma Totani, Robert Cribb, Donald M. Ferencz, Marina Aksenova, David Cohen, Narrelle Morris, Beatrice Trefalt, Sandra Wilson, Franziska Seraphim, Kuniko Ozaki and Christoph Safferling in that order.

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Table of contents

Foreword by the Series Editor
Preface by the Editors

PART I: INTRODUCTIONS

1. Towards a Fuller Appreciation of the Tokyo Tribunal
By Viviane E. Dittrich and Jolana Makraiová

2. Opening Reflections: Tokyoberg
By Gerry Simpson

PART II: FOUNDATIONS AND FACETS OF THE TRIAL

3. The Tokyo and Nuremberg International Military Tribunal Trials: A Comparative Study
By David M. Crowe

4. The Tokyo Tribunal: A Transcultural Endeavour
By Kerstin von Lingen

5. The Tokyo Tribunal’s Legal Origins and Contributions to International Jurisprudence as Illustrated by Its Treatment of Sexual Violence
By Diane Orentlicher

6. Glimpses of Women at the Tokyo Tribunal
By Diane Marie Amann

7. Trial and Error in the Interpreting System and Procedures at the Tokyo Trial
By Kayoko Takeda

PART III: DYNAMICS AND DIMENSIONS OF THE TRIAL

8. Individual Responsibility at the Tokyo Trial
By Yuma Totani

9. ‘Conventional War Crimes’: The International Military Tribunal for the Far East and the Ill-Treatment of Prisoners of War and Civilian Internees
By Robert Cribb

10. Nuremberg, Tokyo and the Crime of Aggression: An Intertwined and Still Unfolding Legacy
By Donald M. Ferencz

11. Substantive Law Issues in the Tokyo Judgment: From Facts to Law?
By Marina Aksenova

12. The “President’s Judgment” and Its Significance for the Tokyo Trial
By David Cohen

13. Constructing the Historical Legacy of the International Military Tribunal for the Far East: Reassessing Perceptions of President William Webb
By Narrelle Morris

PART IV: RECEPTIONS AND REPERCUSSIONS OF THE TRIAL

14. ‘Substantial Criminal Character’ or ‘Lawless Violence’: Crimes in the Charter of the Tokyo Tribunal and Their Receptions in Contemporary Japanese Legal Scholarship
By Philipp Osten

15. Remembering the Tokyo Trial, Then and Now: The Japanese Domestic Context of the International Military Tribunal for the Far East
By Beatrice Trefalt

16. Clemency for War Criminals Convicted in the Tokyo Trials
By Sandra Wilson

17. Spaces of Punishment
By Franziska Seraphim

18. The International Criminal Court and the International Military Tribunal for the Far East: Lessons Learnt or Not?
By Kuniko Ozaki

PART V: CONCLUSION

19. Concluding Reflections: Nuremberg and Tokyo – Twin Tribunals, Far Apart?
By Christoph Safferling

Annex: Tokyo Charter
Index
TOAEP Team
Other Volumes in the Nuremberg Academy Series

• Edited by: Tallyn Gray
• Year: 2018

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Abstract

Mindful of alleged and proven core international crimes committed within the mainly-Muslim world, this book explores international criminal law and justice in Islamic legal, social, philosophical and political contexts. Discussing how law and justice can operate across cultural and legal plurality, leading Muslim jurists and scholars emphasize parallels between civilizations and legal traditions, demonstrating how the Islamic ‘legal family’ fi nds common ground with international criminal law. The book analyses questions such as: How do Islamic legal traditions impact on state practice? What constitutes authority and legitimacy? Is international criminal law truly universal, or too Western to render this claim sustainable? Which challenges does mass violence in the Islamic world present to the theory and practice of Islamic law and international criminal law? What can be done to encourage mainly-Muslim states to join the International Criminal Court? Offering a way to contemplate law and justice in context, this volume shows that scholarship across ‘legal families’ is a two-way street that can enrich both traditions. The book is a rare resource for practitioners dealing with accountability for atrocity crimes, and academics interested in opening debates in legal scholarship across the Muslim and non-Muslim worlds.

The book contains chapters by the editor, Onder Bakircioglu, Mashood A. Baderin, Asma Afsaruddin, Abdelrahman Afi fi , Ahmed Al-Dawoody, Siraj Khan, Shaheen Sardar Ali and Satwant Kaur Heer, and Mohamed Elewa Badar, in that order.

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Table of contents

Acknowledgements
Foreword by the Series Editor
Editor’s Preface
Glossary

1. Introduction
By Tallyn Gray

2. The Principal Sources of Islamic Law
By Onder Bakircioglu

3. Islamic Socio-Legal Norms and International Criminal Justice in Context: Advancing an ‘Object and Purpose’ cum ‘Maqáṣid’ Approach
By Mashood A. Baderin

4. Islamic Law and the Limits of Military Aggression
By Asma Afsaruddin

5. Jus in Bello and General Principles Related to Warfare According to Islamic Law
By Abdelrahman Afifi

6. Non-International Armed Conflicts under Islamic Law: The Case of ISIS
By Ahmed Al-Dawoody

7. Arab and Islamic States’ Practice: The Sharíʿah Clause and its Effects on the Implementation of the Rome Statute of the International Criminal Court
By Siraj Khan

8. What is the Measure of ‘Universality’? Critical Reflections on ‘Islamic’ Criminal Law and Muslim State Practice vis-à-vis the Rome Statute and the International Criminal Court
By Shaheen Sardar Ali and Satwant Kaur Heer

9. Is There a Place for Islamic Law within the Applicable Law of the International Criminal Court?
By Mohamed Elewa Badar

• Edited by: Jennifer Schense and Linda Carter
• Year: 2017

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Abstract

This anthology offers case studies on the deterrent effect of international criminal
tribunals in ten situations, six of which are International Criminal Court situations.
The case studies cover four different international tribunals. This gives a new comparative
perspective on the impact of international criminal law since the early 1990s.
The book seeks to contribute to an important discourse on deterrence: on how
international criminal tribunals can assist in a global, co-operative effort to prevent
core international crimes.

Thirteen authors draw on both quantitative and qualitative factors to assess the
rise and fall of criminality and perceptions of deterrence amongst a wide variety of
respondents. The studies are based on first-hand information where feasible. They
are multi-disciplinary and holistic. Apart from the two editors, the book has contributions
by Evelyne Owiye Asaala, Olivia Bueno, Dafina Bucaj, Seydou Doumbia, Mackline
Ingabire, Kasande Sarah Kihika, Sladjana Lazic, Sharanjeet Parmar, Kounkinè Augustin
Somé and Eleanor D. Thompson. It presents concrete findings and recommendations
to inform future work of international criminal tribunals including the International
Criminal Court.

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Table of contents

Series Editor’s Preface
Editors’ Preface

1. Introduction
By Jennifer Schense and Linda Carter

2. Assessing Deterrence and the Implications for the International Criminal Court
By Jennifer Schense

3. Serbia and the International Criminal Tribunal for the Former Yugoslavia: Deterrence through Coercive Compliance
By Sladjana Lazic

4. Exploring the Boundaries of the Deterrence Effect of the International Criminal Tribunal for Rwanda
By Mackline Ingabire

5. Difficulties in Achieving Deterrence by International Criminal Tribunals: The Example of the International Criminal Tribunal for Former Yugoslavia in Kosovo
By Dafina Bucaj

6. Can an International Criminal Tribunal with a Limited Mandate Deter Atrocities? Lessons from the Special Court for Sierra Leone
By Eleanor Thompson

7. Dissuasive or Disappointing? Measuring the Deterrent Effect of the International Criminal Court in the Democratic Republic of the Congo
By Sharanjeet Parmar

8. Evaluating the Deterrent Effect of the International Criminal Court in Uganda
By Kasande Sarah Kihika

9. Deterrence in Sudan: The Limits of a Lonely Court
By Olivia Bueno

10. The Deterrence Effect of the International Criminal Court: A Kenyan Perspective
By Evelyne Asaala

11. The Deterrence Effect of the International Criminal Court in Côte d’Ivoire
By Kounkinè Augustin Somé

12. The Deterrence Effect of the International Criminal Court in Mali After the 2012 Crisis
By Seydou Doumbia

13. Findings and Recommendations
By Jennifer Schense and Linda Carter