"International Criminal Justice and the Contours of the Judicial Function: Lectures in Honour of Judge Antonio Cassese”
"I am by nature a man who is difficult to control. I reject with outrage any authority that does not rest on my respect. And I regard laws only as provisional and soon to be changed proposals for regulating human intercourse"
It is fair to say, that despite the continued rapid evolution of substantive and procedural international criminal law by means of both creative and activist judicial interpretation, a clear understanding is yet to attach to the totality of the judicial function in an international criminal justice context. Whereas, pioneering scholars such as Vattel, Grotius and more recently Lauterpacht have sought to unravel the intricacies of the international judicial function in the context of public international law, there remains a dearth of concrete understanding of the unique and challenging role – given the breath, complexity and duration of cases - of the international criminal judiciary.
This lecture series, organized by the Grotius Centre for International Legal Studies in association with the TMC Asser Institute, the Coalition for the International Criminal Court and The Hague Institute for Global Justice aims to modestly redress this scholarly imbalance by examining a host of issues central to a coherent understanding of the judicial function in the context of international criminal justice. The series will consist of eight innovative and interactive lectures encompassing contributions, first and foremost, from retired and sitting members of the international criminal judiciary, as well as from practitioners and prominent members of the academic community.
It is with great regret and sadness that the one individual perhaps best placed to address these issues from the perspective of both a scholar and a member of the international judiciary, namely Antonio Cassese, is no longer with us. It is in his honour that this lecture series is dedicated. As the first President of the International Criminal Tribunal for the former Yugoslavia, Judge Cassese is to be credited as the inspirational intellectual driving force behind the reemergence of international criminal law from its fifty year hiatus following the Nuremberg trials. His commitment to the realization of human rights and the pursuit of meaningful accountability for violations of international humanitarian and human rights law was embodied in his unashamedly creative approach to the interpretation of substantive international criminal law. Speaking of his friend and mentor Bert Röling, Cassese once remarked that "the force of the ideas he left behind will last long. To some extent this should console those who miss him”. These same words attach beautifully to his own intellectual legacy and it is hoped that this lecture series will go some way in celebrating it.
While each lecture will focus on a specific element of the judicial function or on potentially diverging conceptions of the judicial function amongst different actors. It is envisaged that the following issues will be touched upon: judicial creativity and the obligation to progressively develop substantive and procedural international criminal law; the challenge of judicial restraint; judicial independence and the selection and appointment of the international criminal judiciary; judicial honesty or candor; fact-finding, truth and the challenge of the historical record; the judicial function and the politics of international criminal justice; judicial reasoning and the consequences of judgment; individual philosophies of judgment; the judicial function and public perception; the role and responsibilities of senior legal officers; the judicial function and legal pluralism; and measuring the legitimacy of judgment.
All lectures will begin at 19.00 hours.
Lecture 7 - 9 May 2012:
Hard Cases: The ICC and Asylum
Speakers: Philip-Jan Schüller, Prof. Göran Sluiter and Dr. Joris van Wijk
Lecture 8 – 23 May 2012
Dispensing with Myths: The Role and Responsibilities of Senior Legal Advisors
Speakers: Round table discussion with moderator - Gilbert Bitti and Gabrielle McIntyre.
For full program see here
Please note that the Supranational Criminal Law Lecture Series spring 2012 is taking place at The Hague Institute for Global Justice
, for directions please see here
All lectures are open to the public and registration is not necessary. Doors open at 18.45 hours. Seats assigned on a first come, first serve basis.