Criminal and Transitional Justice

Criminal Justice

Contact: audebrejon@free.fr

The emergence of international criminal justice provoked a sensible switch of rationale in international law. Traditionally based on the notion of State, it has indeed progressively introduced the individual in the international arena, first as an accused and then as a victim. This new type of international justice has also given birth to another subject of International Law : Humanity. Besides, while the Cold War prevented this justice from evolving during 50 years, the international criminal tribunals created by the UN established a milestone in this evolution by offering a demilitarized justice, erected as the product of the hybridation of the two greatest criminal justice systems. In addition, the increasing number of jurisdictions created has had for consequences issues such as the conflicts of norms deriving from this proliferation of jurisdictions or the construction of a comprehensive international criminal justice system.

Transitional Justice

Contact: nora.stirn@hotmail.fr

The development of Transitional Justice since the end of the Cold War has been intrinsically linked with the emergence of new forms of extremely violent internal conflicts. Therefore, the use of Justice as an asset for the transition toward a peaceful society raises a number of challenges and interrogations. Intense theoretical debates have developed regarding the articulation between Peace and Justice, but also regarding the definition and integration of a greater proportion of Restorative Justice within the transitional mechanisms. In addition to these debates, many important questionings have emerged focusing both on the modeling of Transitional Justice between internationalization and contextualization, as well as on the choice of orientation between complementary and juxtaposition of the different judicial and extrajudicial mechanisms that co-exist in the Transitional Justice process.

News :

10-09-2015 : Nobel Peace Prize for Transitional Justice in Tunisia

09-29-2015 Jean-Pierre BEMBA aides’ bribery trial opens at the ICC

09-29-2015 Hissen Habré trial resumes at the EAC

tpiy-weekly_update

Events :

Antonio CASSESE Summer School Geneva 6-10 Juillet 2015

Members :

CRIMINAL JUSTICE 

Project officer : Aude BREJON

Photo Aude

Aude BREJON is a Ph.D candidate at the Pantheon Assas University. She is currently leading a comparative study on the international prosecutors under the supervision of both Professor Olivier De Frouville and Jean-Paul Pancracio. She just finished came back from Cambodia where she worked at the Office of the Co-Prosecutors of the ECCC. She besides acts as legal consultant for criminal lawyers and prosecution services.

Program in partnership with Pr. Leila SADAT

Leila Nadya Sadat

Leila Sadat is an internationally recognized human rights expert specializing in international criminal law and justice. The Henry H. Oberschelp Professor of Law at Washington University School of Law and director of the Whitney R. Harris World Law Institute since 2007, she is a dedicated teacher and award-winning scholar, publishing more than 90 books and articles in leading journals and academic presses throughout the world. She is currently serving as an Israel Treiman Faculty Fellow at Washington University Law School. In December 2012, International Criminal Court Prosecutor Fatou Bensouda appointed her as Special Adviser on Crimes Against Humanity. Earlier that year she was elected to membership in the U.S. Council on Foreign Relations. In 2011, she was awarded the Alexis de Tocqueville Distinguished Fulbright Chair in Paris, France, the first woman to receive such an honor.

In 2008, she launched the Crimes Against Humanity Initiative, an international effort to study the problem of crimes against humanity and draft a global treaty addressing their punishment and prevention. The draft treaty is now available in seven languages and is currently being debated by the UN International Law Commission and governments around the world. From 2001-2003 Sadat served on the U. S. Commission for International Religious Freedom. Bilingual in English and French, Sadat has lectured or taught at academic institutions throughout the world, and holds or has held leadership positions in many professional associations and learned societies. Prior to joining the faculty at Washington University, she practiced international commercial law in Paris, France for several years. Sadat clerked for Judge Albert Tate, Jr., U.S. Fifth Circuit Court of Appeals, and for both the French Conseil d’Etat and the Cour de Cassation. Sadat earned her B.A. from Douglass College, her J.D. from Tulane Law School (summa cum laude) and holds graduate law degrees from Columbia University School of Law (LLM, summa cum laude) and the University of Paris I – Sorbonne (diplôme d’études approfondies).

Harris Institute

Crimes Against Humanity Initiative

Proposition de Convention internationale sur la prévention et la répression des crimes contre l’humanité

With the collaboration of :

David Boyle

IMG_3102CV

Currently admitted as a trial attorney in France and registered on the ICC list of assistant counsel, David Boyle began his career in 1986 as a solicitor in Sydney, Australia.

After arriving in France in 1989, he gained a range of experience in international criminal law: PhD in International Law University of Paris II (Pantheon-Sorbonne) specifically related to Cambodia; Masters courses in various Paris Law Schools and a range of academic publications, including on human rights and humanitarian law in the context of criminal proceedings; and as a member of a defence team before the ICTR.

Since 2006, he has been working for the legal team within the Office of the Co-Investigating Judges at the Khmer Rouge Tribunal in Cambodia (ECCC), first as a staff member until 2010, and then as a consultant and researcher specializing in international criminal law.

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Sophie Maurice

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Associate Situation Analyst / Office of the Prosecutor (CV)

Before joining the International Criminal Court, Sophie Maurice worked for seven years for the International Criminal Tribunal for Rwanda as a legal officer first for Defence then for the Trial Chambers and finally for the Appeals Chamber. For a short period of time, she worked as a Legal Officer for the Office of Legal Affairs of the United Nations Multidimensional Integrated Stabilization Mission in Mali. She also worked as a legal Officer for the Trial Chamber of the UN Assistance to the Khmer Rouge Trials in Cambodia. Sophie Maurice holds a degree in International Public Law (University of Bergen-Norway) and a Master’s in “Fundamental Rights” (University of Caen-France).

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Marie-Hélène Gozzi

ID MHG

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Marie-Hélène Gozzi is Associate Professor in Private and Criminal Law at the University Toulouse 1 Capitole (UT 1, Toulouse, France). She teaches International Criminal Law and supervises PhD Students in this area of study. She is the Director of two Master degree diplomas (Master 2 in International and Comparative Law and the Master 1 in International and European law). She was appointed as co-director of the diploma of the European School of Law (UT 1). She worked, several years, as a Legal Expert within the Terrorism Prevention Branch of the United Nations Office on Drugs and Crime.

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Elise Le Gall

Elise LE GALL

Doctor in International and European Criminal Law at Sorbonne Law School, University of Paris 1 Panthéon-Sorbonne. Last November 2014, she defended her Phd thesis entitled : Critical approach in the fight against impunity conducted in international criminal courts – Reflections on the International Prosecutor’s discretionary prosection. She was also the coordinator of the French Coalition for the International Criminal Court ( CFCPI ) since January 2013; a referent on promoting the Sueur law’s amendment on Article 689-11 of the CCP. She has worked in the past at the ICTR (International Criminal Tribunal for Rwanda) with the defense team of the former Minister of the 1994 interim government, Nzabonimana . Since January 2015, she is holding for 6 months the position of Legal Officer with the Attorney General of the Extraordinary African Chambers of Senegal.

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Mathilde Massé

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Mathilde Massé is a PhD Candidate at the University Paris Ouest Nanterre La Défense. She holds a Master’s degree in International Relations and European Union Law and a Complementary Degree in International Criminal Jurisdictions and Organisations from the University Paris Ouest Nanterre La Défense. Her thesis focuses on the international criminal competence of the national judges regarding the international crimes – under the direction of Marina Eudes, Associate Professor and the co-direction of Julian Fernandez, Professor of Public Law.

She will start an internship in March 2015 at the French specialised crimes against humanity and war crimes unit (located in Paris).

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Juan Branco

juanbranco

TRANSITIONAL JUSTICE 

Project officer : Nora STIRN

Stirn

Nora STIRN is a PhD candidate at the School of Comparative Law in the University Paris 1, Panthéon-Sorbonne. She holds a Master 1 degree in International Law that she acquired while studying at the University of Aberdeen (UK), and a Master 2 in African Laws from the University Paris 1. She is currently working on her PhD focusing on the need for complementarity between the different mechanisms of Transitional Justice in Africa, under the supervision of Professor Emmanuelle TOURME JOUANNET. This year, she has traveled to Senegal, Rwanda and Uganda for field research, and to the United States as a visiting scholar.

Program in partnership with Pr. Ruti TEITEL

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An internationally recognized authority on international law, international human rights, transitional justice, and comparative constitutional law, Ruti Teitel is the Ernst C. Stiefel Professor of Comparative Law at New York Law School. She is a Visiting Fellow at the London School of Economics and Affiliated Visiting Professor at Hebrew University of Jerusalem.

Her path-breaking book, Transitional Justice (Oxford University Press, 2000), examines the 20th century transitions to democracy in many countries. Born in Argentina, Professor Teitel’s interest in the topic grew out of the dilemmas confronting that society in the transition out of junta rule. Her book explores the recurring question of how new regimes should respond to past repression, contending that the law can play a profound role in periods of radical change in advancing a new sense of legitimacy. In 2012, she published Humanity’s Law (OUP, 2012) setting out a paradigm shift in international affairs. Her latest book is Globalizing Transitional Justice (OUP 2014) which explores the last decade in the evolution of the field.

Her extensive body of scholarly writing on comparative law, human rights, and constitutionalism is published in many law reviews. She has contributed dozens of book chapters to published volumes relating to law and politics. She also writes on human rights issues for a broader audience, having published in The New York Times, Legal Affairs, Findlaw.com and Project Syndicate. She serves on the Board of Editors of Oxford’s International Journal of Transitional Justice, of the Journal, Humanity as well the Editorial Advisory Board of the Interdisciplinary Journal of Human Rights Law.

A cum laude graduate of Georgetown University, Professor Teitel received her J.D. from Cornell Law School and has been a Senior Fellow at the Orville H. Schell, Jr. Center for International Human Rights at Yale Law School. She has taught at Yale, Fordham and Tel Aviv Law Schools, as well as Columbia University’s Politics Dept and its School of International and Public Affairs.

She is founding co-chair of the American Society of International Law’s Interest Group on Transitional Justice and Rule of Law, a life member of the Council on Foreign Relations, and a member of the ILA International Human Rights Law Committee. Last year, she was a Straus Fellow-in-Residence at New York University Law School’s Straus Institute for the Advanced Study of Law and Justice (2012-2013).

Security in Transition (London School of Economics)

With the collaboration of :

Sophie-Victoire TROUILLER

Trouiller

[Presentation in English available soon]

IHEJ website

Facebook Group on Transitional Justice

Zitha AFANG NDONG

Photo Zitha AFANG

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Zita  Afang NDONG is a PhD student at Hassan II University in Casablanca. Having obtained a literary baccalaureate in 2008 in Gabon, she began her higher education in Morocco where she obtained  a degree in General Public Law at Tangier School of law in 2011 and her Master in International Law at the University of Casablanca. Since 2014, she works on her thesis upon: « International criminal justice between Universalism and Regionalism :  contribution to the project of the African criminal court”, in parallel, she initiated a research in the Per Ankh (Pan-African University of renaissance, France).

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