The Sound of ICL

Twentieth Anniversary Symposium 'The Sound of ICL'

Thursday 18 October to Saturday 20 October 2018

In 2018, the international criminal justice community commemorates 20 years of the adoption of the Rome Statute of the International Criminal Court. Building on his participation at the Rome Conference in 1998, the late Professor Otto Triffterer founded the Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law (SLS), which held its 20th Anniversary Session this August. To celebrate both occasions, SLS will convene a ‘Twentieth Anniversary Symposium: The Sound of ICL’ in Salzburg from 18 to 20 October 2018. Organized in cooperation with the Austrian Federal Ministry of Foreign Affairs, the Symposium is one of the official 20th anniversary celebration events of the Austrian EU Presidency.

The academic programme on Thursday 18 and Friday 19 October 2018. The Symposion will bring together officials of the Court, academia and practitioners to reflect about the Court at 20, current and future challenges of the international criminal justice system. SLS Alumni are particularly invited to join us in Salzburg, participate in the Symposium, extend their stay for the week-end, and celebrate 20 years of SLS with colleagues and friends.

D R A F T Programme

Download as pdf

THURSDAY, 18 October 2018

09.30 – 10.00 Coffee & Registration

10.00 – 10.30 Opening & Welcome

Dr. Astrid Reisinger Coracini, Director of the Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law

Prof. Kurt Schmoller, Professor of Criminal Law and Criminal Procedure, University of Salzburg

Mr. Tobias Triffterer, Executive Director of the Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law (1999-2004)

Dr. Konrad Bühler, Director, Department for International Law, Austrian Federal Ministry for Europe, Integration and Foreign Affairs

Prof. Benjamin Ferencz, A leading Nuremberg Prosecutor with continuous efforts to enhance international criminal law and its enforcement (via video message)

10.30 – 12.30 First Session: From Rome to The Hague

Of constructive ambiguities and ‘diplomatic mules’: Codification and application of the Rome Statute of the International Criminal Court

Session chair: Dr. Astrid Reisinger Coracini

Prof. Roger Clark, Board of Governors Professor, Rutgers University School of Law; member of the Samoan delegation at the Rome Conference

Judge Silvia Fernández de Gurmendi, Former Judge and President of the International Criminal Court; member of the Argentine delegation at the Rome Conference

Prof. Gerhard Hafner, Emeritus Professor of International Law, University of Vienna; member of the Austrian delegation at the Rome Conference

Additional speakers pending confirmation

12.30 – 13.30 Lunch

13.30 – 15.30 Second Session: The Dogmatic Foundations of ICL

International criminal law, a branch of international law, the subject of which is criminal law

Session chair: Prof. Roger Clark

• Codifying within the limits of international law vs progression – the role of military lawyers at the Rome Conference

Prof. Charles Garraway, Fellow, Human Rights Centre, University of Essex; Former Vice President, International Humanitarian Fact-finding Commission; member of the UK delegation at the Rome Conference

• International core and treaty crimes revisited – Links between transnational organized crimes and corruption and crimes under international law

Ms. Candice Welsch, Chief, Implementation Support Section, Corruption and Economic Crime Branch, United Nations Office on Drugs and Crime

• Unfit for Purpose! Prosecuting hate propagandists before international criminal courts and tribunals and the element of causality saga

Prof. Mohamed Elewa Badar, Professor of Comparative and International Criminal Law and Islamic Law, Northumbria University, Newcastle, UK

• Judicial law-making and the clash of legal cultures in substantive international criminal law 

Prof. Elies Van Sliedregt, Professor of International and Comparative Criminal Law, University of Leeds

15.30 – 16.00 Coffee Break

16.00 – 18.00 Third Session: Immunities

Only one word of those in power would have been enough to end all atrocities

Session chair: Prof. Kirsten Schmalenbach, Professor of International Law, University of Salzburg

• The origins of the irrelevance of official capacity in the ‘public arraignment of Kaiser Wilhelm II’

Prof. William A. Schabas, OC MRIA, Professor of International Law, School of Law, Middlesex University, Professor of International Criminal Law and Human Rights, Leiden University; delegate of the International Centre for the Reform of Criminal Law at the Rome Conference and member of the Steering Committee, NGO Coalition for the Establishment of an ICC

• Exception to the customary law rule on head of state immunity

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; Expert Consultant to the NGO Coalition for the Establishment of International Criminal Court (CICC) at the Rome Conference

• The impact of Security Council referrals on the law of inter-state immunities

Prof. Flavia Lattanzi, Professor of International Law, LUISS-Guido Carli University Rome; former ICTR and ICTY Judge; member of the Italian delegation at the Rome Conference

• Legal and policy considerations against the removal of Head of State immunity via Security Council Resolution

Mr. Manuel Ventura, Associate Legal Officer, Chambers, Special Tribunal for Lebanon

FRIDAY, 19 October 2018

9.30 – 11.00 Fourth Session: Jurisdiction

A permanent international criminal court exercising the ius puniendi of the international community as a whole Session Chair: Prof. Gerhard Hafner

• Samaritans and Judges? Reassessing the Legacy of Jean Pictet 

Dr. Page Wilson, Senior Lecturer, University of Iceland

• From Rome to Kampala and beyond: The Court’s activated jurisdiction over the crime of aggression

Prof. Don Ferencz, Convenor, The Global Institute for the Prevention of Aggression; Visiting Professor, School of Law, Middlesex University; Research Associate, Oxford University Faculty of Law Centre for Criminology

• The ICC’s exercise of jurisdiction on the basis of territoriality: possibilities and limits

Ms. Eleni Chaitidou, Legal Officer at the Pre-Trial and Trial Divisions, ICC

• A prudential, policy-based approach to the investigation of nationals of non-states parties

Mr. Steven W. Kay Q.C., International criminal lawyer, 9 Bedford Row

11.00 – 11.30 Coffee Break

11.30 – 13.00 Fifth Session: Prosecution

To put an end to impunity for the perpetrators of the most serious crimes of concern to the international community as a whole and thus to contribute to the prevention of such crimes

Session Chair: Prof. Don Ferencz

• Prosecutorial strategies to enhance the efficiency and effectiveness of international prosecutions

Mr. Pubudu Sachithanandan, Senior Trial Attorney, Office of the Prosecutor, International Criminal Court

• The Path to Gender Justice: ICC Prosecutions of Sexual and Gender-Based crimes

Dr. Yassin Brunger, Lecturer in Human Rights Law, Queens University of Belfast

• Judicial Control over Prosecutorial Discretion in the Rome Statute

Dr. Triestino Mariniello, Senior Lecturer in Law, Director of the Research Unit in "International Justice and Human Rights", Department of Law and Criminology, Edge Hill University, UK

• Justice for Hedgehogs or Justice for Foxes?

Dr. Maria Varaki, Lecturer in International Law, Kings College London, War Studies Department

13.00 – 14.00 Lunch

14.00 – 15.30 Sixth Session: Complementarity & Cooperation

Horizontal and vertical relationships within a system of direct and indirect enforcement mechanisms

Session chair: Dr. Konrad Bühler

• Dealing with non-cooperation with the ICC: Towards a holistic approach

Prof. Olympia Bekou, Professor of Public International Law and Head, International Criminal Justice at Human Rights Law Centre, School of Law, University of Nottingham

• How to treat Withdrawal Syndrome: no easy fix for the ICC

Dr. Dov Jacobs, Assistant Professor of International Law, Leiden University

• The African Union and International Criminal Law: Towards a Panafrican régime?

Prof. Philippe Ch.-A. Guillot, Professor of International Relations French Air Force Academy

• Prosecuting past atrocities on national level – experiences in Bangladesh

Mr. Tapas Baul, Barrister-at-Law, Prosecutor, International Crimes Tribunals, Bangladesh

15.30 – 16.00 Coffee Break

16.00 – 17.30 Seventh Session: Legitimacy

Protecting the highest values of the international community as a whole, peace, security and the well-being of the world

Session chair: Prof. Anita Ušacka, Judge of the International Criminal Court (2003-15)

• Juridical and historical functions of international criminal courts

Judge Raul Pangalangan, Judge of the International Criminal Court; member of the drafting committee at the Rome Conference

• Legal limits of Security Council veto use in the face of atrocity crimes

Prof. Jennifer Trahan, Clinical Professor, Center for Global Affairs, New York University; Chair, American Branch of the International Law Association, ICC Committee

• The International Criminal Court and the policy on international criminal justice (draft title)

Dr. David Donat Cattin, Secretary-General, Parliamentarians for Global Action; Clinical Assistant Adjunct Professor, Center for Global Affairs, New York University; member of the ELSA delegation at the Rome Conference

• Towards a linguistic policy for the International Criminal Court?

Dr. Gleb Bogush, Associate Professor of International Law, National Research University Higher School of Economics, Moscow

17.30 – 18.00 Concluding Remarks