Salzburg Law School
on International Criminal Law
Humanitarian Law and Human Rights Law
9th Summer Session, Sunday 5 - Friday 17 August 2007
The Court and Applicable Law under Review (Part 1)
Salzburg Law School on International Criminal Law, Humanitarian Law and
Human Rights Law is an annual course under the academic supervision of Prof. Otto
Triffterer, editor of the Commentary on the Rome Statute of the
International Criminal Court. This year's Ninth Summer Session will in particular focus
on the initial practice of the International Criminal Court (ICC) as well as
the upcoming Review Conference in 2009.
Since the formal establishment of the ICC on 1 July 2002, the OTP has
received self-referrals from three States Parties to the Rome Statute (the Republic
of Uganda, the Democratic Republic of Congo and the Central African
Republic). Furthermore, the United Nations Security Council by Resolution 1593 (2005)
has referred the situation of Darfur (Sudan) to the ICC, and Cote d'Ivoire,
a non-State party, has accepted the jurisdiction of the Court ad hoc,
according to article 12 para. 3 Rome Statute. The Prosecutor has opened three formal
investigations on the Republic of Uganda, the Democratic Republic of Congo
and Darfur; relevant arrest warrants have meanwhile been issued. On 29 January
2007, Pre-Trial Chamber I rendered its decision on the confirmation of
charges against Thomas Lubanga Dyilo, a Congolese national. However, the decision
is still subject to appeal and the first trial before the ICC is not expected
to start before autumn 2007. SLS will provide updates on the status of all
five situations which have been referred to the Court and will scrutinize the
procedural and practical particularities related to a Security Council
referral as well as the practice of self-referrals. The Ninth Session will deal
with the provisions on jurisdiction and admissibility, the competences and
limits of the Prosecution and the Pre-Trial Chambers in the initial phase of
criminal proceedings as well as the extensive case law already produced by the
ICC. We will pay special attention to the first decision on confirmation of
charges and will analyse the Rome Statute's substantive as well as procedural
law, including the rights of the accused and victims' rights.
In May 2006, SLS together with the Austrian Ministry for Foreign Affairs
organized a Retreat on the 'Future of the International Criminal Court' with the
aim to initiate discussions on the Review Conference to be convened by the
Secretary-General of the United Nations seven years after the entry into force
of the Rome Statute, according to article 123 Rome Statute
(_http://www.sbg.http://www.sbg.http://www.sbg._
(http://www.sbg.ac.at/salzburglawschool/Retreat) <_http://www.sbg.http://www.sbg.http://www.sbg._
(http://www.sbg.ac.at/salzburglawschool/Retreat) > ). The Ninth Summer Session will undertake a
critical analysis of object and purpose of this first Review Conference, the
amendment procedures foreseen in the Rome Statute and possible issues to be dealt
with, in particular the crime of aggression. "The Court and Applicable Law"
will be under analysis with regard to possible practical improvements as well
as with a view to substantive proposals that are likely to come up.
Next to the above mentioned main subjects, the Ninth Session of SLS will
cover latest developments with regard to other international criminal courts and
tribunals, such as the performance of the ad-hoc Tribunals for former
Yugoslavia and Rwanda under their completion strategy, or the trial against Charles
Taylor. We will also take a closer look at the enforcement of international
criminal justice in East Timor and Cambodia. Other questions of continuing
relevance, as for instance, the crucial importance of state cooperation for an
effective ICC, the position of the United States with regard to the ICC, the
legal status of Guantanamo, procedures before the US special military
commissions and national cases involving core crimes based on universal jurisdiction
will be covered as well.
Speakers of the Ninth Session will be most distinguished scholars and
practitioners in the field of international criminal law. Among them, Morten
Bergsmo, Consultant to the ICC responsible for the external development of the
Legal Tools, Senior Researcher, International Peace Research Institute Oslo;
Gilbert Bitti, Senior Legal Advisor to the Pre-Trial Division, ICC; Prof.
Benjamin Ferencz, A former Nuremberg War Crime Prosecutor, author and frequent
lecturer on international criminal courts and world peace (website
www.benferencz.Spea<_http://www.benferenhttp://_ (http://www.benferencz.org/) > ); Don
Ferencz, Attorney, Adjunct Professor of Law at Pace Law School, Director
Planethood Foundation; Prof. Charles Garraway British Army Legal Services, London UK;
Fabricio Guariglia, Senior Appeals Counsel, ICC, Office of the Prosecutor;
Prof. Roland Miklau, former Director-General Austrian Ministry of Justice,
Lecturer Donau University, Krems; Dr. Sam Muller, Director Hague Institute for
the Internationalisatio ); Don Ferencz, Attorney, Adjunct Professor of Law at
Pace Law School, Director Planethood Foundation; Prof. Charles Garraway
British Army Legal Services, London UK; Fabricio Guariglia, Senior Appeals Counsel,
ICC, Office of the Prosecutor; Prof. Roland Miklau, former Director-General
Austrian Ministry of Justice, Lecturer Donau University, Krems; Dr. Sam
Muller, Director Hague Institute for the Internationalisatio
Prof. Michael Newton, Associate Professor, Vanderbilt University Law School
and Department of Law, United States Military Academy; Prof. Raul C.
Pangalangan, Dean and Professor of Law, University of the Philippines, College of Law;
M
The academic program runs Monday 6 through Thursday 16 August, daily from 9
a.m. to 1 p.m. and 2 p.m. to 5 p.m. with a free week-end. The course consists
of lectures, work-shops and case studies and will be held at the University
of Salzburg, Faculty of Law, a 16th-century residence located in the centre
of the old town. In addition, the Salzburg Law School provides for in-depth
working material, full board accommodation and a rousing social programme for a
reasonable price! Participants will obtain a certificate of attendance, but
may also take an exam for which 4 credits according to the European Credit
Transfer System are available.
To apply, please send your CV and a letter of motivation latest until 18 May
2007.
For further information visit our homepage
or contact <_astrid.reisinger@astrid.re_ (mailto:astrid.reisinger@sbg.ac.at)
>
Astrid Reisinger Coracini
Executive Director SLS
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