Annual Ben Ferencz Panel: Although initially a strong supporter of the International Criminal Court (ICC), the African Union (AU) has emerged in recent years as a strong opponent of the Court’s work. With only African situations and accused persons in the ICC dock, the AU now insists that the ICC has become an imperialist neo-colonial institution. This interdisciplinary panel will discuss the mounting AU/ICC tension; assess the legal, historical, and policy reasons that explain the complex on-off relationship, and consider its implications for the future of the ICC.Which problems is international law particularly well-suited to solve? Which seem to defy its regulation? What tools does international law have to manage this complexity? Where are best practices emerging? What has our profession learned in the last half-century? Is law, with its emphasis on rules and stability, conceptually and functionally capable of responding to the challenges of complexity? If not, how should law react? What do experts from outside the legal profession, from technology, finance, counterinsurgency, climate science, and risk, believe law can add? During the 2012 ASIL Annual Meeting we will address these questions and discuss how international law responds to complexity."
Kamari Maxine Clarke
Kamari Maxine Clarke, Ph.D., University of California, Santa Cruz, 1997, M.A. Yale Law 2002, is an Associate Professor of Anthropology and a Research Associate at the Yale Law School, with a courtesy appointment in African American Studies. She is also the Chair of the Council on African Studies at the MacMillan Center.
Her areas of research explore issues related to rethinking African and African diasporic formations by examining questions of religious nationalism, legal institutions, international law, the interface between culture and power and its relationship to the modernity of race. Recent articles and books have focused on the relationship between knowledge and power, including Mapping Yoruba Networks: Power and Agency in the Making of Transnational Communities (Duke Press, 2004), Globalization and Race: Transformations in the Cultural Production of Blackness, co-edited with Deborah Thomas (Duke Press, 2006), Fictions of Justice: The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa (Cambridge Press, 2009) as well as Mirrors of Justice: Law and Power in the Post-Cold War Era, co-edited with Mark Goodale (Cambridge Press, 2009).
Charles C. Jalloh
Charles C. Jalloh teaches Criminal Law, International Criminal Law, and Public International Law at the University of Pittsburgh School of Law, U.S.A. Educated at Guelph, McGill and Oxford Universities, he has served as a Legal Counsel in the Crimes Against Humanity and War Crimes Section at the Canadian Department of Justice. A member of the Ontario Bar, he has been a Legal Advisor to the Office of the Principal Defender at the Special Court for Sierra Leone and court appointed interim defense counsel for former Liberian President Charles Taylor. He has also served as an Associate Legal Officer in Chambers at the United Nations International Criminal Tribunal for Rwanda and as a Visiting Scholar at the International Criminal Court. He has published widely on aspects of international criminal justice in Africa, and his articles have appeared in leading scholarly journals such as the African Journal of International and Comparative Law, American Journal of International Law, the Criminal Law Forum, International Criminal Law Review and the Michigan Journal of International Law. He is an invited member of the War Crimes Committee of the International Bar Association and an elected Co-Chair of the International Criminal Law Interest Group, American Society of International Law.
Professor William A. Schabas is the Chairman of the Irish Centre for Human Rights at the National University of Ireland, Galway. He is also an Associate Professor at the University of Middlesex in London and a professeur associé at the Université du Québec à Montréal. He is a 'door tenant' at the chambers of 9 Bedford Row, London.
Professor Schabas holds BA and MA degrees in history from the University of Toronto and LLB, LLM and LLD degrees from the University of Montreal, as well as honorary doctorates in law from Dalhousie University and Case Western Reserve University. Professor Schabas is the author of twenty-one books dealing in whole or in part with international human rights law, including The International Criminal Court: A Commentary on the Rome Statute (Oxford: Oxford University Press, 2010), Introduction to the International Criminal Court (Cambridge: Cambridge University Press, 2011, 4th ed.), Genocide in International Law (Cambridge: Cambridge University Press, 2nd ed., 2009), The Abolition of the Death Penalty in International Law (Cambridge, Cambridge University Press, 2003, 3rd ed.), International Human Rights and Canadian Law (Toronto, Carswell, 2007, 3rd ed.), The Death Penalty as Cruel Treatment and Torture (Boston, Northeastern University Press, 1996) and Précis du droit international des droits de la personne (Montréal, Éditions Yvon Blais, 1997). He received the Certificate of Merit of the American Society of International Law at its 2007 Annual Meeting for his book The UN International Criminal Tribunals: Former Yugoslavia, Rwanda and Sierra Leone (Cambridge, Cambridge University Press, 2006) . He has also published some 300 articles in academic journals, principally in the field of international human rights law and international criminal law. His writings have been translated into several languages, including Russian, German, Spanish, Portuguese, Chinese, Japanese, Arabic, Persian, Turkish, Nepali and Albanian.
Professor Schabas is editor-in-chief of Criminal Law Forum, the quarterly journal of the International Society for the Reform of Criminal Law. He is Chairman of Board of Trustees of the United Nations Voluntary Fund for Technical Assistance in the Field of Human Rights, President of the International Association of Genocide Scholars, President of the Irish Branch of the International Law Association and chair of the International Institute for Criminal Investigation.
Olivia Swaak-Goldman is International Cooperation Advisor in the Office of the Prosecutor of the International Criminal Court. In this capacity she is responsible for the external relations of the Office. This includes securing the necessary cooperation from a variety of stakeholders, including states, NGOs and civil society. Olivia is responsible for the Office's interaction with the Court's Assembly of States Parties, the bi-annual strategic roundtable with NGOs and the Office's other engagements with external parties. Olivia is also involved in framing the strategies and policies for the Office and in the this regard was responsible for the Office's Prosecutorial Strategy for 2009-2012, the Office's Three Year Report of 2003-2006 and is currently preparing the Office's Five Year Report for 2006-2011. Olivia is the focal point in the Office for issues of International Humanitarian Law and Child Soldiers. Olivia has represented the Office on numerous occasions, including inter alia the Annual Meeting of the American Society of International Law, the San Remo International Institute of Humanitarian Law's Roundtable, the NATO ACO-Allied Command Legal Conference and the International Bar Association's Expert Roundtable. Olivia also gives guest lectures at a variety of academic institutions, which have included the International Max Planck Research School on Retaliation, Mediation and Punishment, the Grotius Center at Leiden University and the London School of Economics.She has published extensively on areas of international criminal law.
Dire Tladi is a South African professor of international law. He has served as the Principal State Law Adviser for International Law for the South African Department of International Relations and Cooperation and South Africa Mission to the United Nations.
His main academic specializations are in public international law, human rights law, environmental law and international criminal law. On 1 January 2012 he commenced his five year term as member of the United Nations International Law Commission.
Kamari Maxine Clarke, Associate Professor of Anthropology and a Research Associate at the Yale Law School, talks about the controversial message of the most viral video of all time, "Kony 2012", and the implication of the "oversimplified" narrative.