Crime and Global Justice #LSEJustice

Professor Daniele Archibugi

Professor Christine Chinkin

Professor Mary Kaldor

Alice Pease

Professor Richard Falk

Research Director, Italian National Research Council.

Emerita Professor of International Law and Director of the Centre for Women, Peace and Security.

Professor of Global Governance and Director of the Conflict and Civil Society Research Unit, LSE.

Freelance Researcher.

Professor Emeritus of International Law at Princeton University.

Hosted by the Department of International Development

Chair: Professor Gerry Simpson Professor and a Chair of Public International Law, LSE.

Christine Chinkin, Richard Falk, Mary Kaldor, Daniele Archibugi and Alice Pease

Chair Gerry Simpson London School of Economics and Political Science,

London, 28 Feb 2018

PresenterPresentation NotesMany thanks to Mary Kaldor and Amy Crinnion for the organization and all participants for joining

The Nuremberg Trial

PresenterPresentation NotesNuremberg and Tokyo led to some declarations, mostly the Principles of Nuremberg, but not to any significant Court

The new generation of international tribunals

• National tribunals after conflicts (Iraq, 2003) • Domestic courts applying domestic

jurisdiction (Spain, Belgium from 1994) • Ad hoc international tribunals (Ex-Yugoslavia,

Rwanda, from 1993) • Hybrid tribunals (Cambodia, East Timor, Sierra

Leone, since 1997) • International Criminal Court (2002)

PresenterPresentation NotesThis justifies talking about a new season of international criminal justice

Global: standards of behaviour and diffusion of norms

Inter-governmental

consensus

Social and political activism

Judicial Accountability

• National Tribunals • External (Universal

jurisdiction) • Hybrid Tribunals • International

Tribunals • Opinion Tribunals

OUT COME Local:

pacification and reconciliation or renewed conflicts

Autonomous judicial action

Determinants and outcome of judicial accountability

Our approach: focus on trials rather than on procedures

• Tribunals can be empty shells (typical case, the Lebanon Tribunal)

• Major literature devoted to the judicial implications even when they were never applied

• Trials give a direct sense of the political impact of the procedure

PresenterPresentation NotesThis justifies talking about a new season of international criminal justice

Cases addressed in the book

• Augusto Pinochet (1998-2006) • Saddam Hussein (2003-2005) • Slobodan Milošević and Radovan

Karadzić (2001-2016) • Omar Al-Bashir (2009-ongoing)

PresenterPresentation NotesThis justifies talking about a new season of international criminal justice

Some cases that should be addressed

• Charles Taylor (Sierra Leone) • Hissène Habré (Senegal) • Jean Kambanda (Rwanda) • Kang Kek Iew (Cambodia)

PresenterPresentation NotesThis justifies talking about a new season of international criminal justice

PresenterPresentation NotesOut of the blue, Spanish Judge Garzon demands extradition of Pinochet in 1998 when he was in LondonHouse of Lords appeals committee reviews the casePinochet denied immunity but released on humanitarian groundsIndicted multiple times in Chile from 2000

PresenterPresentation NotesEven if Pinochet never entered into the courtroom, the indictments were crucial components to develop accountability in Chile and to re-address the past

Cards distributed by the US Defence Intelligence Service to American troops during the invasion of Iraq of April 2003

PresenterPresentation NotesSince the beginning of the invastion, trials were a way to settle scoresTrial was quick and dirtyIt provocked sectarian violence, resentment and humiliated justice

An assessment of the emerging global criminal justice system

• Winner’s Justice? • Selective? • Efficient?

What can be done?

• Improve the judicial machinery • Complement the criminal trials with truth and

reconciliation commissions • Activate opinion tribunals when the «official»

system is one-sided

Improve the judicial machinery

• Assist the ICC Office of the Prosecutor with enquires and information

• Discuss the qualifications of the candidates to be elected as ICC judges

• Support universal jurisdiction of national courts, also making it more independent through an ICC review board

Gacaca Court, Rwanda

PresenterPresentation NotesCase of Gacaca Courts in Rwanda: less than 100 individuals were tried by ICTR, while 12 thousands Gacaca Courts were instituted

Desmond Tutu deliver to President Nelson Mandela the Report of the Commission on Truth and Reconciliation

PresenterPresentation NotesPermission from Agency.

A Serbian supporter showing a t-shirt with Karadžić and Mladić

PresenterPresentation NotesSource: Wikicommons.

Relatives of the victims in Sarajevo following Karadžić trial

PresenterPresentation NotesPermission granted by http://srebrenica-genocide.blogspot.it/2009/11/women-of-srebrenica-seek-justice.html

A Poster of the Stop the Iraq War Coalition, 2006

PresenterPresentation NotesPermission from the Stop the War Coalition.

Opinon Tribunal for War Crimes in Vietnam Jean-Paul Sartre, Lelio Basso e Danilo Dolci

The reading of the ruling of the Tribunal on Torture in Latin America. Teatro Argentina, Rome, 1976

PresenterPresentation NotesPermission from the Archives of the Basso Foundation (2737x2136px; 300 dpi)

Richard Falk opening speech a the World Tribunal on Iraq, 23 June 2005

PresenterPresentation NotesPermission from Attila Durak ©.

Awareness about Crimes

General Patton decision

Citizens from Weimer taken by the US troops to visit the Concentration Camp of Buchenwald, 18 April 1945

PresenterPresentation NotesNo copyright for a 70 years old photo.

Crime and Global Justice #LSEJustice

Professor Daniele Archibugi

Professor Christine Chinkin

Professor Mary Kaldor

Alice Pease

Professor Richard Falk

Research Director, Italian National Research Council.

Emerita Professor of International Law and Director of the Centre for Women, Peace and Security.

Professor of Global Governance and Director of the Conflict and Civil Society Research Unit, LSE.

Freelance Researcher.

Professor Emeritus of International Law at Princeton University.

Hosted by the Department of International Development

Chair: Professor Gerry Simpson Professor and a Chair of Public International Law, LSE.

20180228_Crime_and_Global_Justice.pdfSlide Number 1The Nuremberg TrialSlide Number 3The new generation of �international tribunalsSlide Number 5Our approach: focus on trials rather than on proceduresCases addressed in the bookSome cases that should be addressedSlide Number 9Slide Number 10Cards distributed by the US Defence Intelligence Service to American troops during the invasion of Iraq of April 2003Slide Number 12An assessment of the emerging �global criminal justice systemWhat can be done?Improve the judicial machineryGacaca Court, RwandaDesmond Tutu deliver to President Nelson Mandela the Report of the Commission on Truth and ReconciliationSlide Number 18A Serbian supporter showing a �t-shirt with Karadžić and Mladić Relatives of the victims in Sarajevo following Karadžić trialSlide Number 21A Poster of the Stop the Iraq War Coalition, 2006Opinon Tribunal for War Crimes in Vietnam �Jean-Paul Sartre, Lelio Basso e Danilo DolciThe reading of the ruling of the Tribunal on Torture in Latin America. Teatro Argentina, Rome, 1976Richard Falk opening speech a the World Tribunal on Iraq, 23 June 2005Awareness about CrimesCitizens from Weimer taken by the US troops to visit the Concentration Camp of Buchenwald, 18 April 1945