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April newsletter

Asser news


Highlight


'Asser is committed to cooperating with Lebanese universities'

On April 17, professors from ten Lebanese universities paid a visit to the Asser Institute and discussed international criminal law education, research, and broader regional trends.

The Asser Institute has a long and cherished history of cooperation with the Lebanese academic community. Since 2011, Asser has been co-organising a renowned online inter-university programme on international criminal law led by Asser senior researcher Dr Christophe Paulussen together with the Special Tribunal for Lebanon (STL).

Professor Georges Masse of the American University of Science and Technology in Beirut described the programme as ‘the best attempt towards reconciliation in Lebanon, because it brings together universities and students from different backgrounds’.

"Asser is committed to support, cooperate and contribute to stability in Lebanon and the MENA region" said Asser's academic director Janne Nijman.


Other news


Apply now: The Marie Curie Individual Fellowship

The T.M.C. Asser Instituut is happy to welcome researchers who would like to apply for a Marie Sklodowska-Curie Actions Individual Fellowship, a grant scheme within the European Commission’s Horizon 2020 funding programme. A successful application will allow experienced researchers, in possession of a doctoral degree, to spend a research period of 12 to 24 months at the Asser Institute. Read more on our website.

What is an ‘effective’ counter-terrorism strategy? Join our upcoming conference in May

9/11 (US), 7/7 (UK), 13/11 (Paris). In the aftermath of these terrorism events (and many more), states have sought to adapt their counter-terrorism toolkit to the threat of terrorism. However, there has been little time left to engage in reflection and evaluation of what makes a counter-terrorism measure or strategy effective. It is thus high time to reflect on the counter-terrorism toolkit and security strategies. What are the reasons behind these strategies, and what are the consequences? On 16 and 17 May the Asser Institute and ICCT team up for a conference on what constitutes an effective counter-terrorism strategy. Read more on our website.

'International legal order is a Dutch security interest'

The international legal order is rightly included as one of the six Dutch security interests ', said Asser president Ernst Hirsch Ballin in his keynote speech at the symposium of the Analyst Network National Security (ANV) at Instituut Clingendael. In his speech, Hirsh Ballin placed the development of the international legal order in a historical perspective and described how the neutral attitude in the post-war period went on to a focus on the perpetuation of international law and multilateralism. After ' 89, the gaze shifted towards participation in (peacekeeping) operations abroad. According to Hirsh Ballin the current security policy should take into account all new security threats and address three areas of security: ' national security ', ' flow security ' and ' human security. Read more (in Dutch).

Amsterdam law 17th century workshop

Amsterdam, law, and early modern Jewish scholarship in Asser's research

Asser's researchers Yehonatan Elazar-DeMota and Julia van der Krieke took part in a workshop entitled "Law in Amsterdam and the Dutch Republic in the 17th century".

Elazar-DeMota's presentation dealt with "Nação Legal Consciousness: Discussions on Slavery and Slave Trade in Seventeeth-century Amsterdam" and van der Krieke presented on the topic 'Could early modern Jews become citizens of Amsterdam? A closer look into Amsterdam's first Jewish community (1590-1640)"

Elazar-DeMota also addressed this topic in a new Global City blog.

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Upcoming events & education


The Asser Institute delivers postgraduate training programmes and organises events in the fields of international and European law.


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23 May 2019
Doing Business Right Talk. Towards criminal liability of corporations for human rights violations: The Lundin case in Sweden

This autumn, two oil industry executives may be indicted in Sweden for aiding and abetting international crimes in Sudan. Furthermore, the public prosecutor will also likely seek forfeiture of $400 million from their company, Lundin Petroleum, reflecting the benefits derived from its Sudanese operations. The case follows the 2018 French indictment of LafargeHolcim for alleged crimes committed in Syria, showing that corporate liability for international crimes is gaining traction, before European courts at least.

This event aims to discuss the Lundin case, which has the potential of becoming a landmark trial because of the novelty and complexity of the legal issues that the court will have to decide. More information and registration.

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8 - 12 July
International lawyering in a public interest

Explore the challenges of public interest advocacy in international law and rethink what it means to practice public interest advocacy in the international system. At the International lawyering in a public interest summer programme organised by the Asser Institute, we bring together leaders in practice, including advocates, activists, academics and members of NGOs, to discuss questions of cutting-edge legal techniques, how to find funding, how to identify causes for advocacy, how to start up your practice, and more. The summer programme, in collaboration with the Amsterdam Center for International Law (ACIL), will take place at the Asser Institute from 8-12 July, 2019. More information and registration.

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26 - 30 August 2019
Terrorism, Countering Terrorism and the Rule of Law

This Advanced summer programme on terrorism, counter-terrorism and the rule of law is coming back for the 9th time to bring together experts, academics and policy makers from around the world working in the field of counter-terrorism. It will take place from 26 – 30 August 2019 at the Asser Institute in the Hague.

The programme, co-organised by the Asser Institute and the International Centre for Counter-Terrorism – The Hague (ICCT), offers an in-depth look at the challenges that come with adopting and implementing counter-terrorism measures while ensuring respect for human rights, fundamental freedoms and the rule of law. During an intensive week, experts from within academia and practice explore international and domestic legal aspects of counter-terrorism. More information and registration.

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Selected publications


▪ E.M.H. Hirsch Ballin, ‘De staatstaak inzake migratie op weg naar 2030’, Journaal vreemdelingenrecht (JNVR) (2019): 24-31.
▪ U. Belavusau & A. Wójcik, 'Posponer los cambios de nombre de las calles tras la transición a la democracia: lecciones legales de Polonia’, in: Guixé, J., Alonso Carballés, J., Conesa, R. (eds.), Diez años de leyes y políticas de memoria (2007-2017), Madrid: Ediciones La Catarata (2019): 27-39.
▪ Y. Elazar-DeMota, ‘Legal Aspects of Jewish Slavery Law in Eighteenth-Century Amsterdam’, The Global City Website, 1 April 2019.
▪ K. Roithmaier, 'Germany and its Returning Foreign Terrorist Fighters: New Loss of Citizenship Law and the Broader German Repatriation Landscape’, ICCT Perspective, 18 April 2019.
▪ C. Paulussen, Book review of: K. Pitcher, Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings, Springer – T.M.C. Asser Press 2018’, International Criminal Law Review, 19 (2019): 347-372.
E.M.H. Hirsch Ballin, ‘De staatstaak inzake migratie op weg naar 2030’, Journaal vreemdelingenrecht (JNVR) (2019): 24-31.
U. Belavusau & A. Wójcik, 'Posponer los cambios de nombre de las calles tras la transición a la democracia: lecciones legales de Polonia’, in: Guixé, J., Alonso Carballés, J., Conesa, R. (eds.), Diez años de leyes y políticas de memoria (2007-2017), Madrid: Ediciones La Catarata (2019): 27-39.
Y. Elazar-DeMota, ‘Legal Aspects of Jewish Slavery Law in Eighteenth-Century Amsterdam’, The Global City Website, 1 April 2019.
K. Roithmaier, 'Germany and its Returning Foreign Terrorist Fighters: New Loss of Citizenship Law and the Broader German Repatriation Landscape’, ICCT Perspective, 18 April 2019.
C. Paulussen, Book review of: K. Pitcher, Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings, Springer – T.M.C. Asser Press 2018’, International Criminal Law Review, 19 (2019): 347-372.

Asser research papers and policy briefs can be downloaded on SSRN.


Asser in the media


▪ Moet Nederland IS-strijders terughalen en berechten, interview with Dr Christophe Paulussen, De Kanttekening (12 April 2019).
▪ Four questions on warcrimes, Sudan's Bashir and the ICC, interview with Dr Christophe Paulussen, justiceinfo.net (11 April 2019).
Moet Nederland IS-strijders terughalen en berechten, interview with Dr Christophe Paulussen, De Kanttekening (12 April 2019).
Four questions on warcrimes, Sudan's Bashir and the ICC, interview with Dr Christophe Paulussen, justiceinfo.net (11 April 2019).
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Transitional Justice and a State’s Response to Mass Atrocity - Reassessing the Obligations to Investigate and Prosecute

This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution.

Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials.

About the author:
Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.

Specific to this book:
* Provides a clear-cut legal analysis regarding the debate on a State's obligations to investigate and prosecute serious violations of humanitarian and human rights law in countries in transition.
* Comprehensively analyzes these obligations to investigate and prosecute.
* In a departure from the majority view, it adopts a critical and nuanced approach firmly based on a classic international law methodology.
* Sheds light on the 2016 Colombian Peace Agreement as a potential new paradigm.
* Draws attention to the importance of a multidisciplinary approach squaring international law with international politics.
* Hailed as "rigorous", "solid", of "excellent quality", and "exceptionally well researched".

Print ISBN: 978-94-6265-275-0
EBook/Online ISBN: 978-94-6265-276-7
Distributed for T.M.C. Asser Press by Springer
Read this book on SpringerLink

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Newsletter of the T.M.C. Asser Instituut

Editors:
Faten Bushehri / Goda Liutkute

The T.M.C. Asser Instituut aims to further the development of international and European law in such a way that it serves a cultivation of trust and respect in the global, regional, national and local societies in which the law operates.

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