International criminal justice today permeates much of our discussion of international relations. Path-breaking precedents have been issued by international criminal tribunals at an accelerating pace. This program addresses the evolution of the substantive and procedural law related to international criminal prosecutions.
Initially, the program addresses a range of structural challenges that cut across all of the international tribunals’ cases, in the prosecution of genocide, crimes against humanity and war crimes. The program also addresses individual accountability for crimes of genocide, crimes against humanity, and war crimes in five critical cases, each one of which represents significant challenges for the International Criminal Court and the target States.
Cross-Cutting Issues in the International Criminal Court’s (ICC) Work (Part I)
· Issues Involving Convergence of Civil Law (Non-Adversarial) and Common Law (Adversarial) Traditions Pertaining To:
− Use of Juries, Plea Bargaining, Hearsay Evidence
− Use of The Dossier System
− Role of Victims In The Process
− Self-representation
− Trial In Absentia
− Joint Criminal Enterprise Liability
· Witness Protection Challenges
· Strengthening Domestic Prosecutorial Procedures – “Positive Complementarity”
Contemporary Challenges for the International Criminal Court’s (ICC) (Part II)
· Sudan/Bashir
· Libya/Seif Gaddafi and Former Security Chief Senussi
· Kenya/Election Violence Defendants
· Cote D’Ivoire/Former President Gbagbo and His Wife
· Rejection of the Palestine Referral