1. Program on Humanitarian Policy
and Conflict Research (HPCR)
Harvard University
Out with the old, in with the new:
Challenges ahead for the new ICC Prosecutor
December 8, 2011

2. Welcome to the 2011 IHL Forum Live Seminar Series
 Produced by the Program on Humanitarian Policy and Conflict
Research at Harvard University
 Welcoming over 370 registered participants from over 70 countries
 Bringing in guest speakers from around the world
 Purpose: To promote information exchange and discussion among
humanitarian professionals regarding contemporary legal and
policy challenges.

9. Program on Humanitarian Policy
and Conflict Research (HPCR)
Harvard University
Out with the old, in with the new:
Challenges ahead for the new ICC Prosecutor
December 8, 2011

10. Out with the old, in the with new:
Challenges ahead for the new ICC Prosecutor
December 8, 2011
Live Web Seminar
Ms. Naz Modirzadeh
Associate Director
Program on Humanitarian Policy and Conflict Research
at Harvard University
Mr. Jamie Williamson
Associate Visiting Professor of Law
New England School of Law ΙBoston

11. Out with the old, in the with new:
Challenges ahead for the new ICC Prosecutor
The election of the new Chief Prosecutor of the International Criminal Court (ICC)
by the Assembly of States Parties is scheduled for mid-December 2011. The new
Prosecutor will take over from Mr. Luis Moreno-Ocampo in June 2012.
As the ICC enters into its second decade of operations, the new Prosecutor will play
an important role in steering the institution as it seeks to end impunity for the gravest
international crimes.
Bringing together panelists with extensive experience in international criminal justice,
this Live Web Seminar will address a number of issues related to the legacy of the
outgoing Prosecutor as well as expectations for the incoming Prosecutor. Questions
for discussion include:
 What should be the priorities of the new Prosecutor?
 What challenges do the current cases and situations pose for the new
Prosecutor?
 Can the new Prosecutor win over the many critics of the ICC?
 How should the new Prosecutor shape the identity of the ICC?

12. Panelists
Cecile Aptel
The Fletcher School of Law and Diplomacy
Tufts University
David Crane
Syracuse University College of Law
David Scheffer
Center for International Human Rights
Northwestern University School of Law

13. Cecile Aptel is Associate Professor of International
Law at the Fletcher School of Law and
Diplomacy, Tufts University. Previously, she served at
the UN international tribunals for Rwanda and the
former Yugoslavia (1995–2005), helped establish the
War Crimes Chamber of the State Court of Bosnia-
Herzegovina (2005) and the Special Tribunal for Lebanon (2006). She
has participated in international investigations of international crimes,
gross human rights violations and terrorism, including at the UN
International Independent Investigation Commission in Lebanon. Prof.
Aptel has advised on rule of law and judicial reform in several
countries. She created and directed the International Center for
Transitional Justice‘s program on children (2008-2010) and was last year
awarded the Jennings Randolph Senior Fellowship by the United States
Institute of Peace. Since 2008, she is Co-Chair of the International Bar
Association‘s War Crimes Committee. Her research focuses upon
international criminal law, transitional justice and child rights.

14. The new ICC Prosecutor:
challenges ahead
Prof. Cecile Aptel
The Fletcher School of Law and Diplomacy
Tufts University

15. A new ICC Prosecutor
 The term of office of the current prosecutor, Luis Moreno-
Ocampo, expires in June 2012.
 Fatou Bensouda will be formally appointed on December 12,
2011, to replace him.

16. Continuity or change?

17. Some of the challenges ahead
 Mobilize support in Africa
 Look beyond Africa
 Relationship with the UN Security Council
 Address the ‗impunity gap‘

18. The ICC
Signatories (orange) – with ratification (green)
Signatories (orange) – with ratification (green)

19. Professor David Crane was appointed a professor of
practice at Syracuse University College of Law in the
summer of 2006, where he teaches international
criminal law, international humanitarian law, and
national security law. Prior to that time he was a
distinguished visiting professor for the 2005 academic
year. From 2002-2005 he was the founding Chief Prosecutor of the
Special Court for Sierra Leone. Professor Crane served over 30 years
in the federal government of the United States.
Professor Crane is also a member of the faculty of the Institute for
National Security and Counterterrorism, a joint venture with the
Maxwell School of Public Citizenship at Syracuse University.
Professor Crane is on the leadership council of the American Bar
Association‘s International Law Section and currently serves as a co-
chair on the sections International Criminal

20. The International Criminal Court and Modern
International Criminal Law
Is the justice we seek the justice they want?
A Case Study
The Special
Court for
Sierra Leone
Professor David M. Crane
Syracuse University
College of Law

21. A Bold New Experiment in International Criminal Justice…
A response to a horrific conflict…
Caused by a joint criminal enterprise backed by warlords,
politicians, and international criminals for their own personal
criminal gain.
Main causation—A ten year geopolitical plan to control all of
West Africa.
Cornerstone—Natural resources…diamonds, gold, timber
Main backers—Libya, Burkina Faso, Liberia
Main combatants—The RUF, CDF, AFRC
The results—Two nations destroyed—Sierra Leone, Liberia
1.2 million West Africans murdered, raped, maimed and
mutilated!!!
The Request… A letter from the President of Sierra Leone to the UN SG—2000
The Response—International mandate (UNSC Res 1315 Aug 2000) and a
bilateral treaty between the United Nations and Sierra Leone creating the
world‘s first hybrid international war crimes tribunal.

22. The Special Court
Mandate—Prosecute those who bore the greatest responsibility
for war crimes and crimes against humanity…
Organization…
The Chambers—Hybrid
The Registry
The Prosecutor
The Principle Defender

23. Eastern European AQ and
Mafia-guns Afghanistan
Victor Bout
Vladimir Menin
(Italy)
Aziz
Nasur
Lebanon
USA Sammy Osally Guns
Belgium-diamonds Diamonds
Cash
Israeli
Cash Diamond
Dealers
Blasé Campore/
Ibrahim Bah Muammar
Ghadafi Hamas
Burkina Faso PLA
500,000 Guns
destroyed lives/ Diamonds
2.5 million cash
internally
Samuel
displaced Charles Bokerie
Taylor Cote d’voi
Guns
diamonds Liberia
Foday Safe haven
Sankoh Cash
guns
Sierra Leone Bombings
in Kenya and
OTC-Gus K Tanzania--AQ
Netherlands.
France Timber
China cash

24. Lessons Learned…
A narrow mandate is a key to success!
Focused, efficient, effective, realistic and politically acceptable
time frame to accomplish the mandate.
A hybrid international tribunal is inherently flexible!
Place the tribunal at the scene of the crimes if possible.
Justice must be seen taking place for it to be understood!
Outreach is a key to success.
A tribunal is for and about the victims, their families, the region!
The UN is important only to a limited degree.
Truth (a TRC) plus Justice (a Tribunal) equals a sustainable peace!
Challenges: Indifference and state support

25. The West African Example

26. At the School for the Deaf-Makeni-2004

27. Teaching Sierra Leonean soldier the law of war

28. Addressing the people of Sierra Leone-Town Hall Meeting-Waterloo--2003

29. Listening to an amputee—both arms gone—April 2003

30. Addressing the Milton Margai School for the Blind-Dec--2002

31. The future of Outreach…
The International Criminal Court understands the importance of
Outreach!
The Courts challenge is its location in the Hague.
Regardless of the mandate of any future court (international,
regional, or domestic…
It must be understood that all this is for and about
the victims!
We must ask ourselves…
Is the justice we seek the justice they want?

32. A PARTING STORY….

33. David Scheffer is the MayerBrown/Robert A. Helman
Professor of Law and Director of the Center for International
Human Rights at Northwestern University School of Law in
Chicago. He teaches international human rights
law, international criminal law, and corporate social
responsibility, and is managing co-editor of the award-winning
Cambodia.
Tribunal Monitor. He received the Dean‘s Teaching Award for 2007-2008, and
recently was selected as one of Foreign Policy Magazine‘s ―Top Global Thinkers
of 2011.‖
Scheffer was U.S. Ambassador at Large for War Crimes Issues from 1997 to
2001 and led the U.S. delegation in U.N. talks establishing the International
Criminal Court. He negotiated and coordinated U.S. support for the
establishment and operation of the International Criminal Tribunals for the
Former Yugoslavia and Rwanda, the Special Court for Sierra Leone, and the
Extraordinary Chambers in the Courts of Cambodia.
Scheffer graduated from Harvard College, Oxford University, and Georgetown
University Law Center. His forthcoming book, All the Missing Souls: A Personal
History of the War Crimes Tribunals (Princeton University Press, 2012) recounts the
building of the tribunals in the 1990s.

34. The United States and the International Criminal Court
• The UN Security Council‘s referrals to the ICC.
• ICC‘s reach over nonparty nations.
• The end of leadership impunity.
• The crime of aggression.
• What the United States can, and should do, with the ICC.
• How a U.S. ratification of the Rome Statute might be
crafted.

35. Questions and comments

36. Program on Humanitarian Policy
and Conflict Research (HPCR)
Harvard University
Hosts
Naz Modirzadeh
Jamie Williamson
Producer
Elizabeth Holland
Technical Director
James Brockman
Production Team
Dustin Lewis, Christina Blunt &
Anaïde Nahikian

37. Panelists
Cecile Aptel
The Fletcher School of Law and Diplomacy
Tufts University
David Crane
Syracuse University College of Law
David Scheffer
Center for International Human Rights
Northwestern University School of Law

38. Humanitarian Assistance Webcast 4:
NGOs’ Rights and Responsibilities for
Humanitarian Access
Friday, December 16, 2011 at 9:30 a.m. (Boston-EST)
In recent years, humanitarian organizations have seen a rise in constraints on their access to vulnerable
populations in times of conflict or internal disturbance. While international law provides important bases
for humanitarian NGOs to obtain access to populations in need, it also imposes clear responsibilities on
humanitarian organizations in terms of the maintenance of a neutral, independent and impartial
approach to such situations. States remain primarily responsible for the provision of emergency
assistance to their populations. However, in countries such as Pakistan or the Sudan governments are
engaged in counter-insurgency campaigns and may use humanitarian access as a political tool. How then
should organizations respond to these legal and policy constraints? The humanitarian and human rights
communities argue that a customary norm is emerging recognizing the right of an affected population to
receive life-saving assistance, and by extension, the right of humanitarian organizations to provide such
assistance in times of emergency.
REGISTRATION IS OPEN
CLICK THE LINK IN THE CHAT

39. Live Seminar Series 40:
Regulating the Conduct of Military Personnel in Peace Operations:
The Role of International Law in Curbing Impunity
Thursday, January 26, 2011 at 9:30 a.m. (Boston-EST)
REGISTRATION IS OPEN
CLICK THE LINK IN THE CHAT

40. The Live Seminars on Humanitarian Law and Policy are produced by:
Program on Humanitarian Policy and
Conflict Research (HPCR)
Harvard University
Sponsored by:
For more information on the Humanitarian Law and Policy Forum, please visit:
http://ihlforum.ning.com
or
http://twitter.com/hpcr
or contact:
ihlforum@hpcr.org