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Brandeis Institute for International Judges 2004


Complementarity and Cooperation: International Courts in a Diverse World

28 June - 3 July, 2004

Schloss Leopoldskron - Salzburg, Austria

The International Center for Ethics, Justice and Public Life held its third Brandeis Institute for International Judges (BIIJ) from 28 June to 3 July 2004. Organized at the Schloss Leopoldskron in Salzburg, Austria, BIIJ 2004 brought together 12 judges from seven international courts and tribunals to reflect on both the philosophical aspects and practical challenges of their work. Faculty members led sessions on a wide range of topics, each carefully conceptualized to both respond to and encourage new thinking about the concerns of the international judiciary.

The first session of the institute, led by South Africa's Justice Richard Goldstone, addressed the timely topic of how to deliver justice in contemporary Iraq. Participants agreed that the recent experiences of United Nations criminal tribunals for the former Yugoslavia and Rwanda, as well as the Special Court for Sierra Leone, are particularly pertinent in determining the type of court to be established for Iraq as well as its procedures. Two sessions followed on issues central to human rights theory and practice. Marion Smiley of Brandeis University illuminated the place of gender and culture in formulations of human rights around the world, and Walter Berka of the University of Salzburg Law Faculty led a lively discussion on the notion of human dignity as a basis for universal human rights. Several Sessions revolved around the institute's central theme of complementarity and cooperation. These focused on the relations that exist both between international and national courts as well as within the international justice system itself, with its ever-increasing roster of courts and tribunals. The varied interests served by international courts were the topic of a session led by Chidi Odinkalu and Brian Concannon, both of whom hail from non-governmental organizations (NGOs). In another session, Justice Goldstone asked participants to examine exemptions of journalists and humanitarian workers from testifying about people and situations encountered in their work. While most of the institute sessions followed a lecture/discussion format, Concannon led participants in a role play exercise designed to explore the possibilities and difficulties of cooperation between local and international judiciaries in post-conflict societies. Center Director Daniel Terris also led an informal evening activity that used the historical plays of Shakespeare as a lens through which to view the notion of accountability in war and crime.


BIIJ 2004 participants, faculty, and staff

BIIJ 2004 continued its examination of the ethical challenges facing the international judiciary, a focus encouraged by past institute participants and addressed at length at BIIJ 2003. In a session entitled “The Judge as Moral Agent,” Smiley asked participants to ponder the very nature of judging and their responsibilities toward those whose lives they affect through their judgments. John Hedigan of the European Court of Human Rights, Navi Pillay of the International Criminal Court, and Fausto Pocar of the International Criminal Tribunal for the former Yugoslavia then led a session that addressed ethical questions that arise in the everyday operation of international courts. The 2004 institute addressed whether judges should openly express their views on matters of public debate and the ways in which international judges can preserve the appearance of impartiality in their courts. The ethics sessions ended with an examination of a draft document on the "principles of the independence of the international judiciary." Developed by a study group of the International Law Association, in association with the Project on International Courts and Tribunals (PICT), these principles were presented by Ruth Mackenzie of University College London, who received critical feedback on the draft document from the judges in attendance.

As in past years, the BIIJ provided for a mix of work and pleasure. Participants continued the discussions begun in sessions during walks around the Schloss Leopoldskron, over wonderful Austrian meals, and during an outing to an impressive ice cave in the vicinity of Salzburg. The Institute once again combined an intensive program of reflection and discussion with a congenial atmosphere in which judges could forge new professional ties. The impact of BIIJ 2004 will thus reaches far beyond the time and space in which the institute took place.

Core Faculty

  • Justice Richard Goldstone, Justice of the Constitutional Court (South Africa)
  • Marion Smiley, Professor of Philosophy at Brandeis University (USA)

Guest Faculty

  • Walter Berka, University of Salzburg (Austria)
  • Brian Concannon, Director of the Institute for Justice and Democracy in Haiti (USA)
  • Chidi Odinkalu, Open Society Institute in Africa (Nigeria)

Guest Presenter

  • Ruth Mackenzie, University College London and Project on International Courts and Tribunals (England)

Participating Judges

  • Emmanuel Ayoola, President of the Special Court for Sierra Leone (Nigeria)
  • Mehmet Guney, International Criminal Tribunal for Rwanda (Turkey)
  • John Hedigan, European Court of Human Rights (Ireland)
  • Sanji Mmasenono Monageng, African Commission for Human and Peoples' Rights (Botswana)
  • Bahame Tom Mukirya Nyanduga, African Commission for Human and Peoples' Rights (Tanzania)
  • Navanethem Pillay, International Criminal Court, former President of the International Criminal Court for Rwanda (South Africa)
  • Fausto Pocar, Vice-President of the International Criminal Tribunal for the Former Yugoslavia (Italy)
  • Wolfgang Schomburg, International Criminal Tribunal for the Former Yugoslavia (Germany)
  • Anita Usacka, International Criminal Court (Latvia)
  • Budislav Vukas, Vice-President of the International Tribunal for the Law of the Sea (Croatia)
  • Inés Weinberg de Roca, International Criminal Court for Rwanda (Argentina)
  • Renate Winter, Special Court for Sierra Leone (Austria)

Rapporteurs/Program Consultants

  • Linda Carter, McGeorge School of Law, University of the Pacific
  • Gregory Weber, McGeorge School of Law, University of the Pacific

Staff of the International Center for Ethics, Justice, and Public Life

  • Daniel Terris, director
  • Leigh Swigart, associate director
  • Melissa Blanchard, communications specialist

The Brandeis Institute for International Judges 2004 was funded by the Rice Family Foundation and the David Berg Foundation.