International Criminal Justice and the Military

1.8.2008

Friday, 12 September 2008 11:00 - Saturday, 13 September 2008

15:15 Henri Dunant Hall, Norwegian Red Cross, Hausmannsgate 7, Oslo

This two-day seminar examines the interplay between international criminal justice and the military. Through presentations and discussions, participants explore various issues surrounding the former as an instrument of normative restraint on the latter. Over the centuries, international humanitarian law has acquired increasing acceptance and recognition within the military.

Many armed forces, for their part, maintain functioning military justice systems; to do so is not only eminently in their self-interest to enforce discipline but also in accordance with considerations of reciprocity, political accountability and media scrutiny. If, these days, responsible armed forces are less likely to dismiss the idea that belligerent conduct in armed conflict can and should be subject to rules of international law, are they also prepared to embrace the idea that some of these rules should be enforced through international and/or domestic criminal jurisdictions?

The seminar follows three themes. First, has international criminal justice penetrated the minds of men and women in arms with whom, among others, it is concerned? What is the relationship between criminal sanctions and the military mind? Does international criminal justice really affect military behaviour? Second, does international criminal justice have what it takes to be taken seriously by otherwise reasonable, law-abiding soldiers? How are those who administer international criminal justice to understand the notion of the "reasonable soldier"? What role, if any, does or should military expertise play in international criminal litigation? Third, in what way would soldiers be held meaningfully accountable for war-time behaviour punishable under international law? What are the implications of the interplay between international criminal justice and the military for soldiers in contemporary armed conflicts?

Our confirmed speakers and moderators include: Professor Martin Cook, US Air
Force Academy; Professor Bard Maland, School of Mission and Theology;
Brigadier General Richard Nugee, HQ Allied Rapid Reaction Corps; Arne Willy
Dahl, Judge Advocate General of Norway; Professor Kai Ambos, University of
Gottingen; Morten Bergsmo, PRIO; Professor Aharon Barak, Interdisciplinary
Center Herzliya; President and Dean John D. Hutson, Franklin Pierce Law
Center; Lord Iain Bonomy, ICTY; Tim McCormack, University of Melbourne;
Major General Roar Sundseth, Deputy Commander and Chief of Staff, Norwegian
National Defence HQ.

To register, please send an e-mail message to ficjc@prio.no
<https://webmail.uio.no/src/compose.php?send_to=ficjc%40prio.no> (with
'Seminar 080912' in the subject field), indicating your wish to register as
a seminar participant. Remember to mention your name, functional title (for
example, 'student' or 'Legal Adviser (MFA)') and e-mail address. The Thon
Hotel Spectrum (spectrum@thonhotels.no) and Thon Hotel Terminus
(terminus@thonhotels.no) offer discounts for registered seminar
participants; when making your reservation, please mention special Norwegian
Red Cross rates. For more information about the hotels, please consult the
website of the Thon hotels group at (http://www.thonhotels.no).

Further details, including the programme and information concerning registration, are available at

http://www.prio.no/FICJC/Forum-activities/International-Criminal-Justice-and-the-Military/

The seminar is organised by the ICC Legal Tools Programme of the Norwegian Centre for Human Rights, University of Oslo; the Norwegian Red Cross; the Danish Red Cross; the Office of the Judge Advocate General, Norwegian Armed Forces; the Norwegian National Defence Command and Staff College; the Erik Castrén Institute of International Law and Human Rights, University of Helsinki; International Institute of Humanitarian Law; and the International Peace Research Institute, Oslo (PRIO). --

Ms Sanna Villikka (M.Pol.Sc.), Executive Director The Erik Castrén Institute of International Law and Human Rights Faculty of Law, University of Helsinki P.O. Box 4 (Yliopistonkatu 3) FIN-00014 University of Helsinki, FINLAND

phone: +358-9-1912 3140, mobile: +358-50-5762948 fax: +358-9-1912 3076 e-mail: intlaw-institute@helsinki.fi / sanna.villikka@helsinki.fi Webpages: www.helsinki.fi/eci

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