ICC TURNS TEN: REVIEWING THE PAST, ASSESSING THE FUTURE

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1 Programme ICC TURNS TEN: REVIEWING THE PAST, ASSESSING THE FUTURE A CONFERENCE TO MARK THE 10 TH YEAR ANNIVERSARY OF THE INTERNATIONAL CRIMINAL COURT FRIDAY, 11 MAY :00 AM TO 4:00 PM ROOM STANFORD LAW SCHOOL SCHEDULE TOPIC SPEAKER(S) OPENING REMARKS Prof. Allen Weiner Director, Stanford Program in International and Comparative Law; Co Director, Stanford Center on International Conflict and Negotiation, Stanford Law School PANEL 1 The ICC as a New Judicial Institution: Achievements and Challenges Conference Sponsorship This conference, hosted by Stanford Law School, is co sponsored by the American Bar Associationʹs Center for Human Rights, and the American Society of International Law, the Stanford Center on International Conflict and Negotiation, The Planethood Foundation, the Stanford Program on Human Rights, the Stanford International Human Rights and Conflict Resolution Clinic, and the Stanford Center for International Security and Cooperation Prof. Mariano Florentino Cuéllar Co Director, Stanford Center for International Security and Cooperation (Chair) Presidency s perspective Registry s perspective H.E. Judge Cuno Jakob Tarfusser Vice President, International Criminal Court (ICC) H.E. Justice Mrs. Silvana Arbia Registrar, ICC Perspective from the outside looking in Prof. Ruth Wedgwood Director of the International Law and Organizations Program, The Paul H. Nitze School of Advanced International Studies, John Hopkins University

2 11: PANEL 2 Prosecuting International War Crimes: Lessons Learned and the Road Ahead Prosecution s perspective Nuremberg expert s perspective Perspective from the outside looking in Prof. Helen Stacy Director, Stanford Program on Human Rights, Center on Democracy, Development and the Rule of Law (Chair) Ms. Shamila Batohi Senior Legal Advisor to the Prosecutor, ICC Mr. Benjamin Ferencz Former Nuremberg Prosecutor Prof. David Kaye Executive Director of the International Human Rights Program and Director of the International Justice Clinic at UCLA, School of Law LUNCH PANEL 3 The United States & The ICC Lessons from the experience of the ad hoc tribunals US ICC relations US ratification & the ABA ICC Project Prof. Jenny Martinez Stanford Law School (Chair) Prof. Allen Weiner Director, Stanford Program in International and Comparative Law; Co Director, Stanford Center on International Conflict and Negotiation, Stanford Law School H.E. Ambassador Stephen J. Rapp Office of Global Criminal Justice, U.S. Department of State Mr. Michael S. Greco Chair, ABA Center for Human Rights and former President of the ABA CLOSING REMARKS Conference Organizers 6.00 Dinner organized for panelists, organizers and special invitees

3 About Our Speakers Professor Allen Weiner Director, Stanford Program in International and Comparative Law (Conference Convener) Professor Allen S. Weiner 89 is an international legal scholar with expertise in such wide-ranging fields as international and national security law, the law of war, international conflict resolution, and international criminal law (including transitional justice). Senior Lecturer Weiner joined the Stanford Law School faculty in 2003 and is director of the Stanford Program in International and Comparative Law and co-director of the Stanford Center on International Conflict and Negotiation. Mr. Weiner served in the Office of the Legal Adviser of the U.S. Department of State for more than a decade advising government policymakers and negotiating international agreements, and as legal counselor to the U.S. Embassy in The Hague where he represented the United States in litigation before the International Criminal Tribunal for the former Yugoslavia, the International Court of Justice, and the Iran-United States Claims Tribunal.

4 Panel 1 Professor Mariano- Florentino Cuéllar Co-Director, Stanford Center for International Security and Cooperation Professor Mariano-Florentino Cuéllar works at the intersection of law, public policy, and political science. A member of the Stanford Law School faculty since 2001, he has served in the Obama and Clinton Administrations and is the Co-Director of Stanford s university-wide Center for International Security and Cooperation. Mr. Cuéllar has served as Special Assistant to the President for Justice and Regulatory Policy at the White House, co-chaired the Obama-Biden Transition s Immigration Policy Working Group, and worked at the U.S. Department of the Treasury as Senior Advisor to the Under Secretary for Enforcement. In July 2010, the President appointed him to the Council of the Administrative Conference of the United States, an independent agency charged with improving the efficiency and fairness of federal regulatory programs H.E. Judge Cuno Jakob Tarfusser Vice-President, International Criminal Court H.E. Cuno Jakob Tarfusser (Italy) is Vice-President of the International Criminal Court, and a Judge in the Pre- Trial Division. Prior to his appointment to the ICC on March 11, 2009, H.E. Tarfusser served the Public Prosecution Office of the Bolzano District Court, Italy, as Deputy Public Prosecutor for sixteen years and as Chief Public Prosecutor for a further eight years. Under his guidance the working practices of the Office were radically restructured, the organisational model of which is now considered as the standard for the entire justice administration system throughout Italy.

5 H.E. Justice Mrs. Silvana Arbia Registrar, International Criminal Court Professor Ruth Wedgwood Director, SAIS International Law and Organizations Program H.E. Silvana Arbia, from Senise, Italy, was elected on 28 February 2008 as the Registrar of the International Criminal Court (ICC) for a five-year term. As such, she is the principal administrative officer of the Court. Mrs. Arbia made her international début as a Senior Trial Attorney at the International Criminal Tribunal for Rwanda (ICTR). She subsequently became the Chief of Prosecutions at the ICTR, where she led the prosecution in some of the most significant cases before the Tribunal (e.g. Butare case: prosecution of six accused, including the former Minister of Family and Women s Affairs, the only woman charged to date with genocide, crimes against humanity and war crimes under international law as well as the first woman ever to be charged with rape as a crime against humanity and a war crime before an international tribunal, and the Seromba case: the first Catholic priest charged with, and convicted for, genocide and crimes against humanity). In Italy, Mrs. Arbia served as a judge and prosecutor until Amongst other functions, she sat on the first criminal chamber of the Appeals Court. Mrs. Arbia participated in the drafting of the Rome Statute of the ICC as a member of the Italian delegation at the diplomatic conference held in Rome in Professor Ruth Wedgwood is the Edward B. Burling Professor of International Law and Diplomacy and Director of the International Law and Organizations Program at The Paul H. Nitze School of Advanced International Studies, John Hopkins University. Prof. Wedgwood has served as a member of the United Nations Human Rights Committee, sitting in Geneva and New York, and as vice-chairman of Freedom House, a 60-year-old NGO founded by Eleanor Roosevelt that promotes democracy and human rights. Since 1993, Professor Wedgwood has also served as a member of the Secretary of State s Advisory Committee on International Law, and is a member of Davos World Economic Forum s Council on the International Global Agenda.

6 Panel 2 Professor Helen Stacy Director, Stanford Program on Human Rights, Center on Democracy, Development and the Rule of Law As a scholar of international and comparative law, legal philosophy, and human rights, Professor Helen Stacy has produced works analyzing the efficacy of regional courts in promoting human rights, differences in the legal systems of neighboring countries, and the impact of postmodernism on legal thinking. Professor Stacy is a senior fellow at the Center on Democracy, Development, and the Rule of Law at Stanford University s Freeman Spogli Institute for International Studies, where she coordinates the human rights program. She is also a researcher with the European Forum at the Freeman Spogli Institute, a member of the Committee in Charge of the Program in Modern Thought and Literature, and works with the Center for African Studies. She has served a senior prosecutor for the Director of Public Prosecutions in London, and a legal officer for Shell Oil in Australia. Ms. Shamila Batohi Senior Legal Advisor to the Prosecutor, International Criminal Court Ms. Shamila Batohi is Senior Legal Advisor to the Prosecutor at the ICC, and former Director of Public Prosecutions in KwaZulu Natal, South Africa. In 1995, Ms. Batohi was part of a multi-disciplinary team mandated by President Mandela to investigate hit squad activities in the police during the apartheid years. As head of the Directorate of Special Operations, the unit that is better known as the Scorpions, Batohi was tasked with investigating serious organized crime. Famously, in 2000, Batohi was appointed to lead evidence in the King Commission hearings to investigate cricket match-fixing allegations involving Hansie Cronje.

7 Mr. Benjamin Ferencz Former Nuremberg Prosecutor Mr. Benjamin Ferencz served as Chief Prosecutor for the United States Army at the Einsatzgruppen Trial, one of twelve military trials of war criminals held by U.S. authorities in Nuremberg, Germany. All 22 men prosecuted by Mr. Ferencz in the Einsatzgruppen Trial were convicted. The work of Mr. Ferencz has long focused on issues of international criminal justice and world peace. A strong supporter of the International Criminal Court, Mr. Ferencz advocated for the creation of a permanent international criminal court in his 1975 book Defining International Aggression-The Search for World Peace. Mr. Ferencz is a staunch advocate of replacing the rule of force with the rule of law. Professor David Kaye Executive Director, UCLA International Justice Clinic Professor David Kaye is the Executive Director of the International Human Rights Program and Director of the International Justice Clinic at the UCLA School of Law. Professor Kaye is a member of the Council on Foreign Relations, the Executive Council of the American Society of International Law, the Pacific Council on International Policy, the California South Committee of Human Rights Watch and the Board of Directors of the Democracy Council of California. Before joining UCLA, Professor Kaye was a legal adviser to the American Embassy in The Hague, where he acted as counsel to the United States in several cases before the International Court of Justice and the Iran-U.S. Claims Tribunal, and from 1999 to 2002 was the State Department s principal staff attorney on humanitarian law.

8 Panel 3 Professor Jenny Martinez Warren Christopher Professor in the Practice of International Law and Diplomacy Professor Jenny Martinez is a leading expert on international courts and tribunals, international human rights, national security, constitutional law, and the laws of war, Professor Martinez s research focuses on the role of courts and tribunals in advancing and protecting human rights. An experienced litigator, Professor Martinez has worked on numerous cases in the U.S. Supreme Court and the courts of appeals involving international law and constitutional law issues, including cases involving the Alien Tort Statute, the Torture Victim Protection Act, and the detention and trial of post-9/11 detainees. Professor Martinez is a member of the U.S. State Department's Advisory Committee on International Law and previously worked as an associate legal officer for the International Criminal Tribunal for the former Yugoslavia in The Hague. H.E. Ambassador Stephen J. Rapp Office of Global Criminal Justice, U.S. Department of State H.E. Stephen J. Rapp of Iowa is Ambassador-at-Large, heading the Office of Global Criminal Justice in the U.S. Department of State. He was appointed by President Obama, confirmed by the Senate, and assumed his duties on September 8, Prior to his appointment, Ambassador Rapp served as Prosecutor of the Special Court for Sierra Leone beginning in January During his tenure in Sierra Leone, his office won the first convictions in history for recruitment and use of child soldiers and for sexual slavery and forced marriage as crimes under international humanitarian law. From 2001 to 2007, Mr. Rapp served as Senior Trial Attorney and Chief of Prosecutions at the International Criminal Tribunal for Rwanda, personally heading the first convictions in history for leaders of the mass media for the crime of direct and public incitement to commit genocide.

9 Mr. Michael S. Greco Chair, ABA Center for Human Rights and former President of the ABA Former President of the ABA, Mr. Michael Greco is currently a partner in the Boston office of Kirkpatrick & Lockhart Preston Gates Ellis LLP. The over-arching theme of President Greco's term of office was renaissance a rebirth and reaffirmation of the legal profession's core values and America 's constitutional principles. His priorities as President included protecting the rights and freedoms of American citizens, safeguarding the independence of the judiciary and other institutions of America 's democracy, addressing the legal needs of lowerincome citizens, advancement of women, people of color and persons with disabilities in the legal profession, and improvements to the Association and the legal profession. Mr. Greco currently serves a Chair of the American Bar Association Center for Human Rights, and also has served as vice-chair of the Board of Bar Overseers of the Massachusetts Supreme Judicial Court, and as member of the Board of Overseers of the Newton-Wellesley Hospital, the Massachusetts Governor's Judicial Nominating Council, and the Commission on Federal Judicial Appointments.

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