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Chautauqua Institution
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CWRU Law School
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CWRU Law School
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Consequences of Kampala: The United States and the International Criminal Court
Frederick K. Cox International Law Center
NOV 11, 2010
12:00 PM - 1:00 PM
Moot Courtroom (A59)

Donald Ferencz, executive director of the Planethood Foundation, and Case Western Reserve University School of Law Professor Michael Scharf participated as NGO (non-governmental organization) delegates at the International Criminal Court Assembly of States Parties Review Conference in Kampala, Uganda in June 2010. At the Review Conference in Kampala, the 3,000 delegates agreed to a complicated formula to amend the International Court's Statute to add the crime of aggression to its jurisdiction. The formula had its origins in part in a 2008 Experts Meeting that Mr. Ferencz and Prof. Scharf co-sponsored at Case Western Reserve University School of Law, "The ICC and the Crime of Aggression." At the November 11, 2010 program, Mr. Ferencz and Prof. Scharf will explain the negotiating history and meaning of the "Crime of Aggression" Amendment to the ICC's Statute, and describe its likely consequences for the United States and its allies.
Speaker Information
Donald FerenczDonald Ferencz
Executive Director and Co-founder
The Planethood Foundation

Donald M. Ferencz is an attorney and the Executive Director of The Planethood Foundation, a small private foundation “educating to replace the law of force with the force of law.” He was born in 1952 in Nuremberg, Germany, where his father, Ben Ferencz, had served as the Chief Prosecutor in the Einsatzgruppen Trial as part of the Subsequent Proceedings at Nuremberg.

After studying at the Canadian Peace Research Institute and graduating Colgate University with a B.A. in Peace Studies, Don Ferencz pursued a Master’s Degree in Education, thereafter teaching elementary school for five years before going on to obtain both J.D. and M.B.A. degrees at Pace University in New York. While in law school, he interned at both the Securities and Exchange Commission’s Enforcement Division and the U.S. Attorney’s Office, assisting in the prosecution of “white collar” criminals. But Mr. Ferencz saw the other side of the coin as well: incident to his work as a student editor on the Law Review, he played a critical role in obtaining dismissal by the New York Court of Appeals of a criminal conviction, which dismissal was premised on a legal theory he developed himself based on original research which had been previously overlooked by defense counsel in the case. Upon completing his legal studies, Mr. Ferencz pursued a commercial career for over two decades, working as a senior tax executive at a number of U.S.-based multinational public companies, and taught briefly as an adjunct professor of law at Pace Law School, where he later helped to initiate an international ICC Moot Court Competition. In 1996, he and his father established The Planethood Foundation, for which he now works on a full-time basis, helping to educate around the need for strengthening the rule of law in international relations. In addition, Don Ferencz participated directly as part of the NGO delegation to the ICC Assembly of States Parties Working Group on the Crime of Aggression (including attending the recent ICC review conference in Kampala, Uganda), and has written and lectured on the need to help deter aggression through the rule of law. He currently resides in the U.K.

Michael ScharfMichael P. Scharf
John Deaver Drinko — Baker & Hostetler Professor
Director, Frederick K. Cox International Law Center
Case Western Reserve University School of Law

Michael Scharf directs the Henry T. King, Jr. War Crimes Research Office and the Summer Institute for Global Justice in The Netherlands, and serves as U.S. director of the Canada-U.S. Law Institute. In February 2005, Prof. Scharf and the Public International Law and Policy Group, a Non-Governmental Organization that he co-founded and directs, were nominated for the Nobel Peace Prize by six governments and the Prosecutor of an International Criminal Tribunal for the work they have done to help in the prosecution of major war criminals, such as Slobodan Milosevic, Charles Taylor, and Saddam Hussein. During the first Bush and Clinton Administrations, Prof. Scharf served in the Office of the Legal Adviser of the U.S. Department of State, where he held the positions of Attorney-Adviser for Law Enforcement and Intelligence, Attorney-Adviser for U.N. Affairs, and delegate to the U.N. Human Rights Commission.

Judicial clerk to Judge Gerald Bard Tjoflat on the Eleventh Circuit Federal Court of Appeals, Prof. Scharf has testified before the U.S. Senate Foreign Relations Committee and the House Armed Services Committee and is the author of over 70 scholarly articles and 13 books, including three that have won national book of the year honors. Recipient of the Case Western Reserve University School of Law Alumni Association’s 2005 “Distinguished Teacher Award” and Ohio Magazine’s 2007 “Excellence in Education Award,” Prof. Scharf teaches International Law, International Criminal Law, the Law of International Organizations, and the War Crimes Research Lab. During a sabbatical in 2008, he served as Special Assistant to the Prosecutor of the Cambodia Genocide Tribunal. He received his B.A. (1985) and his J.D. (1988), Order of the Coif, from Duke University.
Additional Information
Open to the public at no cost.

One FREE hour of CLE credit will be available to lawyers who attend.

At one-hour CLE activities, Ohio Supreme Court regulations require attorneys to be present for the entire hour to obtain credit. Therefore, registration for one-hour lectures will close at the time the event is scheduled to start. Everyone is welcome to attend the lecture, but we cannot submit CLE credit for late arrivals.

At events longer than one hour, we will submit credit based on an attorney’s arrival time and duration of attendance, but no less than the minimum of one full hour of attendance.

We encourage attendees to arrive at registration 20 minutes prior to the start of a lecture to sign in, obtain materials, and be seated.

There is no law school parking, however, public parking, for a fee, is available in the Cleveland Botanical Garden parking underground garage. Also, meter parking might be available.

Supplemental Readings:
· Speaker, Moderator Bios
· Enabling the ICC to Punish Aggression
· Aggression in the Court
· Foreword and Dedication
· States Parties Approve
· From Anxiety to Complacency
· Crime of Aggression Resolution

Recording in any form is prohibited.

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