Fragmentation and Diversification of ICL - Introductory Conference

On 23 October 2008, the Grotius Centre for International Legal Studies, with support of Maison Descartes (Institut Français des Pays Bas), held its first bilingual conference on the theme of international criminal law and fragmentation.

The conference on 23 October 2008 brought together academics, legal practitioners and participants of the Marie Curie Research Course on the Diversification and Fragmentation of International Criminal Law to discuss the contours, risks and implications of fragmentation, as well as benchmarks for its assessment.

The introductory conference focused on two aspects of fragmentation: The diversification of norms and institution in international criminal law, and the effects of implementing legislation under the Rome Statute.

The opening keynote address was given by Judge Flavia Lattanzi (ICTY). Judge Lattanzi put the phenomenon of fragmentation into perspective. She situated the debate over conflicts of norms and jurisdiction in international criminal law into the broader context of public international law.

The first panel addressed fragmentation within the domain of international criminal law. Gilbert Bitti (International Criminal Court) discussed problems arising in the use of sources by the ad hoc tribunals and the ICC, the status of human rights norms under the ICC Statute and the cross-fertilization of jurisprudence. Elies van Sliedrecht (Free University, Amsterdam) provided an overview of the distinct treatment of modes of liability in international and domestic legal traditions. Susan Kemp (International Cente for Transitional Justice) highlighted difficulties arising in the relationship between international criminal courts and truth commissions

The second panel analysed trends and problems in the process of the implementation of the Rome Statute into domestic legislation. Phakiso Mochochoko (International Criminal Court) presented an overview of the status and legal challenges arising in the implementation of the Rome Statute in common law and civil law jurisdiction. Christopher Hall (Amnesty International) examined different approaches towards the conception of universal jurisdiction, the definition of crimes and the treatment of individual criminal responsibility in implementing legislation, as well as their potential benefits and challenges to universality. William Burke-White (University of Pennsylvania) examined the relevance and implications of implementation issues in the context of the first situations of the ICC. He stressed the need and desirability of legal pluralism in the operation of international criminal justice.

The conference was held in English and French, due to the kind support of Maison Descartes (Institut Français des Pays Bas).

The presentations and conference papers marked the start of a broader research agenda of the Grotius Centre on the theme of fragmentation. One integral part of this project is the research undertaken by participants of 2008-2009 Marie Curie scholars, which will culminate in the publication of a collective volume on fragmentation.

For further information on this project, please contact: Dr. Carsten Stahn, Programme Director Grotius Centre, The Hague (cstahn@campusdenhaag.nl) or Dr. Larissa van den Herik, Associate Professor Leiden University (L.van.den.Herik@law.leidenuniv.nl).