THE HAGUE ACADEMY OF INTERNATIONAL LAW ADVANCED COURSE ON INTERNATIONAL CRIMINAL LAW Special focus: Gender Justice 24 August 4 September 2015, The Hague I. Background International Criminal Law (ICL) is a dynamic field of law that is rapidly developing beyond its historical tradition. This new course is geared at practitioners who seek to enlarge their vision or discover a new field of practice and scholars seeking to gain expertise in the application of concepts and norms. In 2015, the course combines study of ICL with a special focus on Gender Justice. 1. Approach The content is targeted primarily towards participants with an interest in law, but involves input from other disciplines to illustrate context, impact or specific problems. The course is practice-oriented, but with sufficient grounding in concepts. It combines general and specific lectures (introducing foundations, core concepts, documents and problems) with seminars and exercises to cover course-specific problems and practical application and skills training. Exercises include: pleading/defending positions in teams and resolution of fictive cases/prepared problems. 2. Focus Gender justice approaches have gained significant attention in recent years in international criminal law, transitional justice and peacebuilding. Targeted violence against women or men is a recurrent feature in modern conflict. Women and men experience conflict and human rights violations differently. This has repercussions for narratives of conflict, crime definitions and interpretations, prosecutorial strategy, investigation, evidence, protection or reparation (e.g., harm). International Courts and Tribunals and national jurisdictions are developing new methods and approaches to deal with gender dimensions of crime. This is illustrated by the June 2014 ICC Policy Paper on Sexual and Gender-Based Crimes and the UK-led initiative on Preventing Sexual Violence in Armed Conflict. The course places particular emphasis on a critical evaluation of persistent challenges and emerging responses to sexual and gender based violence. 5-3-2015 1
II. Programme (Provisional - subject to change) Week 1: Monday 24 August 2015 9.30-10.00 Opening: Professor Yves Daudet, Secretary-General of the Hague Academy; Ambassador Nora Stehouwer-Van Iersel, Netherlands Ministry of Foreign Affairs 10.00-10.15 Welcome and Introduction: Professor Carsten Stahn, Leiden University 10.30-11.30 Keynote speech: Ms Fatou Bensouda, ICC Prosecutor 13.00-14:00 Keynote speech: Mr Serge Brammertz, Chief Prosecutor ICTY 14.00-15.00 Seminar: Key documents on International Criminal Law and Gender Justice, Ms Niamh Hayes, Institute for International Criminal Investigations 15.30-16.30 Visit: Guided tour of the Peace Palace 16.30 Welcome reception Tuesday 25 August 2015 9.00-10.30 General Course: What Constitutes an International Crime?, Professor M. Cherif Bassiouni, ISISC President (Siracusa)/DePaul University 11.00-12.00 Panel Discussion: International Criminal Justice: Quo vadis? Including Professor M. Cherif Bassiouni, Judge Christine Van den Wyngaert (tbc), Professor Larissa van den Herik, Professor Carsten Stahn 5-3-2015 2
13:00 14:00 Specialized Course: Relationship of International Criminal Justice and General Public International Law, Professor Larissa van den Herik, Leiden University 15:00-17.00 Visit: ICTY/Meeting with Experts Wednesday 26 August 2015 9.00-11.00 General Course: Rape as a Crime under International Humanitarian Law Revisited, Judge Theodor Meron, President ICTY and President MICT 13.00-15.00 General Course: History, Patterns and Scale of Sexual and Gender Based Violence in Armed Conflict, Ms Kelly Askin, Senior Legal Officer for International Justice, Open Society Justice Initiative Thursday 27 August 2015 9.00-10.30 General Course: Crimes Against Humanity and Sexual and Gender-Based Violence (speaker tba) 11.00-12.00 Seminar: Confronting Gender-based Violence: International justice and Human Rights Responses (speaker tba) 13.00-15.00 Interactive Seminar: Sexual Violence as an International Crime, including violence against men, Dr Chris Dolan, Director, Refugee Law Project Friday 28 August 2015 9.00-10.30 General Course: Modes of Criminal Responsibility, Professor Kai Ambos, Göttingen University 5-3-2015 3
11.00-12.00 Specialized Course: Article 25 and Responsibility for Gender Crimes, Professor Kai Ambos, Göttingen University 13.00-15.00 Exercise - Step 1: Fact patterns and Elements of Crimes, Ms Niamh Hayes, Institute for International Criminal Investigations Week 2 Monday 31 August 2015 9.00-10.30 General Course: Effectiveness of International Criminal Justice, including Jurisdiction and Cooperation, Håkan Friman, Senior Judge, Sweden 11.00-12.00 Specialized course: Complementarity Professor Carsten Stahn and Dr Rod Rastan, ICC 13.30-15.30 Seminar: Complementarity in Practice, Mr Paul Seils, ICTJ/Dr Rod Rastan, ICC Tuesday 1 September 2015 9.00-10.30 General Course: Procedural Effectiveness (pre-trial, trial, victims), Professor Guenael Mettraux, Defence Counsel and Professor at University of Amsterdam 11.00-12.00 Specialized Course: Prosecuting Sexual and Gender Based Crimes, Patricia Viseur Sellers, ICC Special Adviser on International Criminal Law Prosecution Strategies 13.30-15.00 Seminar: Prosecution and Defence strategies, Ms Patricia Viseur Sellers, ICC Special Adviser on International Criminal Law Prosecution Strategies and Professor Guenael Mettraux, Defence Counsel and Professor at University of Amsterdam 5-3-2015 4
Wednesday 2 September 2015 9.30-12.00 Visit: International Criminal Court/Meeting with Experts 13.30-15.00 Seminar: The Impact of Trauma, Dr Vedrana Mladina, Clinical Psychologist/Associate Victims Expert at the ICC 15.30-17.00 Interactive Seminar: Gender Justice in the Field, Ms Maxine Marcus, Senior International Criminal Law and Gender Expert Thursday 3 September 2015 9.00-10.30 General Course: Sentencing, Remedies and Reparation, Professor William Schabas, Middlesex and Leiden University 11.00-12.00 Specialized course: Criminology of International Crimes, (speaker tba) 13.00-15.00 Exercise Step 2: Submission/Presentation before Panel of Experts Including Professor William Schabas, Ms Niamh Hayes, Mr Joseph Powderly, Leiden University Friday 4 September 2015 9.00-10.00 General Course: Sexual and Gender Based Violence and International Criminal Law: Future challenges, Ms Niamh Hayes, Institute for International Criminal Investigations 10.30-11.30 Specialized course: Prevention and Support of Victims of Sexual and Gender Based Crimes, Ms Brigid Inder, ICC Special Advisor on Gender 5-3-2015 5
13.30-15.00 Final Expert Panel: Including Professor William Schabas, Michelle Jarvis, ICTY, and others 16.00 Handout of certificates and Reception 5-3-2015 6