Response: The ICC, Pre-Existing Jurisdictional Treaty Regimes, and the Limits of the Nemo Dat Quod Non Habet Doctrine--A Reply to Michael Newton

It is a pleasure and a privilege to provide a few reflections on Michael Newton\u27s thought-provoking essay on How the ICC Threatens Treaty Norms. His article marks an important piece of scholarship. It reflects significant concerns about the reach and function of the International Criminal Court (ICC) that merit further attention and explanation in ICC practice. Newton makes a provocative argument. He argues that the ICC might undermine sovereign law enforcement efforts and exceed its powers if it exercises jurisdiction over American forces in Afghanistan or Israeli offenses in the West Bank or the Gaza Strip. This argument is not entirely new. It is part of a broader strand of critique that has been voiced against the Court since the entry into force of the Rome Statute. I approach these critiques from a slightly different angle. I would argue that the type of threats that he formulates are a sign that the ICC becomes more effective, and that it functions, as it is supposed to work--namely as a system of accountability that induces pressures to investigate and prosecute core crimes

Liberals vs Romantics: Challenges of an Emerging Corporate International Criminal Law

Holding bystanders and corporate agents accountable for international crimes is often at the periphery of international criminal justice. Based on its liberal foundations, international criminal law has traditionally been strongly centered on individual agency. In the industrialist cases after World War II, individual criminal responsibility was used to demonstrate and sanction corporate involvement in crime. Ideas of corporate criminal responsibility have been voiced in the post-war era and in the context of the negotiations of the Statute. In recent years, they have witnessed a renaissance in several contexts: the jurisprudence of the Special Tribunal for Lebanon, the Malabo Protocol of the African Union and the Draft Articles of the International law Commission on Crimes Against Humanity. This contribution examines the strengths and weaknesses of individualized and collective approaches towards corporate wrongdoing. It argues that the way forward requires less \u27romanticism\u27 and more realism. The appropriate space of corporate criminal responsibility needs to be defined better. The concept is still most developed in domestic jurisdictions. Its role at the international level is likely to remain modest. The main challenge is to develop the interplay between individual and collective responsibility, and to assess more carefully in what areas and in what forums collective responsibility may be pursued best

\u3ci\u3eTalking Foreign Policy\u3c/i\u3e: Jesner v. Arab Bank

Talking Foreign Policy is a one-hour radio program, hosted by Case Western Reserve University School of Law Co-Dean Michael Scharf, in which experts discuss the salient foreign policy issues of the day. Dean Scharf created Talking Foreign Policy to break down complex foreign policy topics that are prominent in the day-to-day news cycles yet difficult to understand. This broadcast featured: Judge Thomas Buergenthal, the youngest survivor of the Auschwitz death camp, who went on to become the Dean of American University Law School, to serve for twelve years as a judge on the Inter-American Court of Human Rights, and then another ten years as the U.S. Judge on the World Court Carsten Stahn, one of the foremost experts on the International Criminal Court and the Program Director of the Grotius Centre (The Hague) as well as a professor at Leiden University in The Netherlands Milena Sterio, Associate Dean and Professor of Law at Cleveland-Marshall College of Law. Sterio is also one of six permanent editors of the IntLawGrrls blog and an expert in the field of international law Avidan Cover, Director of the Institute for Global Law & Policy at Case Western Reserve University School of Law and an expert in national security law. Cover has also litigated national security cases in federal and state courts Timothy Webster, Associate Professor of Law, Director of Asian Legal Studies and U.S. Director, Joint Program in International Commercial Law and Dispute Resolution at Case Western Reserve University School of La