“The International Criminal Court and the Crime of Aggression”
September 26-27, 2008 8:30 a.m. - 5:15 p.m.
This symposium is made possible by a generous grant from the Wolf Family Foundation.
International Bar Association * American Society of International Law * International Association of Penal Law (American National Section) * International Law Association (American Branch) * Maltz Museum of Jewish Heritage * The Planethood Foundation * Robert H. Jackson Center * Institute for Global Security Law and Policy
About the Symposium
Sixty years ago, the Nuremberg Tribunal convicted the Nazi leaders of waging a war of aggression, prompting Nuremberg Prosecutor Robert Jackson to declare that this was the most important contribution of the Nuremberg Tribunal. Until the advent of the International Criminal Court, however, none of the modern international tribunals had been given jurisdiction over the crime of aggression. But the ICC Statute stipulates that before the Court can exercise jurisdiction over this crime the States Parties must adopt a provision at the Review Conference (scheduled for 2010) setting forth a definition of aggression and the conditions under which the Court could exercise its jurisdiction over it. The ICC Assembly of State Parties has set up a Special Working Group on the Crime of Aggression, whose work is in progress, but the United States has refused to participate in the proceedings.
In an effort to advance the initiative, Case Western Reserve University’s Frederick K. Cox International law Center and the above named co-sponsors are hosting a symposium and experts meeting, featuring foremost academic and international experts on the topic of the ICC and the Crime of Aggression. The Report of the Experts Meeting, along with articles generated from the symposium, will be published in the spring 2009 issue of the Case Western Journal of International Law, copies of which will be provided to the participants of the ICC Special Working Group and the members of the Assembly of State Parties.
Co-Chairs of the Program Committee:
Michael Scharf Don Ferencz M. Cherif Bassiouni
William Schabas Mark Ellis
AGENDA - Friday, September 26
8:00 am-8:30 am: Registration
8:30 am: Welcome
Prof. Michael Scharf, Director of the Frederick K. Cox International Law Center, Case Western Reserve University School of Law
8:40 am-9:10 am: Introduction
Gregory L. Peterson, Board Chairman, Robert H. Jackson Center
Benjamin Ferencz and Prof. Henry King, former Nuremberg Prosecutors
9:10 am-9:40 am: Keynote – "Historical Evolution of the Crime of Aggression"
Prof. M. Cherif Bassiouni, Chair of the Drafting Committee at the Rome Diplomatic Conference to Establish the International Criminal Court
9:40 am-9:45 am: Short Break
9:45 am-11:00 am: Panel I – “Substantive Elements of the Crime of Aggression and Contemporary Case Studies”
Moderator: Christopher Rassi, Thompson Hine, D.C.; former Legal Adviser to the Chambers of the ICTR
– Prof. William Schabas, Irish Centre for Human Rights, author of the book, An Introduction to the International Criminal Court (Cambridge 2008)
– Prof. Mark Drumbl, Washington and Lee University College of Law
– Oscar Solera, author of the book Defining the Crime of Aggression (Cameron 2007)
11:00 am-11:15 am: Break
11:15 am -12:45 pm: Panel II – “Drawing the Line: Humanitarian Intervention, Actions to Combat Terrorism, and the Crime of Aggression”
Moderator: Captain Keith Petty, Office of Military Commissions
– Prof. Sean Murphy, George Washington University School of Law
– Prof. Michael Newton, Vanderbilt University School of Law, co-author of the book Enemy of the State (St. Martin’s Press 2008)
- Elise Leclerc-Gagné, University of British Columbia, Vancouver, Canada
– Prof. Lawrence M. May, author of the book Aggression and Crimes Against Peace (Cambridge 2008)
12:45 pm-1:00 pm: Pick up lunch and return to lecture hall
1:00 pm-2:00 pm: Lunch Keynote – "Including Aggression in the Rome Statute - Consequences for the International System"
Introduction: Gary J. Simson, dean and Joseph C. Hostetler - Baker & Hostetler Professor
Speaker: Ambassador Christian Wenaweser (Liechtenstein), President of the ICC Assembly of State Parties
2:00 pm-2:15 pm Break
2:15 pm-3:30 pm: Panel III – “Jurisdictional Issues and Trigger Mechanism”
Moderator: Mark Ellis, Executive Director, International Bar Association
– Prof. David Scheffer, Northwestern University School of Law, former US Ambassador at Large for War Crimes Issues
– Elizabeth Wilmshurst, Head of International Law, Chatham House; former Deputy Legal Adviser, Foreign & Commonwealth Office (Great Britain)
3:30 pm-3:45 pm Break
3:45-5:15 pm: Panel IV – “A Roundtable Discussion about the Process by which Aggression is Included in the Statute and its Effect on Non-Party States”
Moderator: Don Ferencz, Director, The Planethood Foundation
– Prof. M. Cherif Bassiouni, DePaul University College of Law
– Prof. Roger Clark, Rutgers University School of Law
– Astrid Reisinger Coracini, University of Graz, Austria
– Stefan Barriga, Counsellor/Legal Adviser, Permanent Mission of Lichtenstein to the U.N.
5:15 pm: Closing
– Prof. Michael Scharf, Case Western Reserve University School of Law
5:15 pm-6:00 pm: Reception