Professor Sterio Attends International Criminal Court’s Assembly of States Parties

Professor Milena Sterio attended the International Criminal Court’s Assembly of States Parties (ICC ASP) in The Hague, Netherlands, from December 5-9, 2022.  The ICC ASP convenes once per year in The Hague or in New York, at the United Nations. The ASP is the ICC’s management organ which sets the Court’s budget, conducts judicial elections, and where representatives of states parties discuss various ICC-related issues.  

Professor Sterio at the International Criminal Court

Professor Sterio, during the ASP, moderated a panel discussion on the topic of “Shocking the Conscience of Humanity: From Gravity Theory to Practice” on December 5th.  The panelists included, in addition to Professor Sterio, Margaret deGuzman, Judge on the International Residual Mechanism for Criminal Tribunals and Professor at Temple Law School; Marieke de Hoon, Professor at the University of Amsterdam; Rod Rastan, Prosecutor, International Criminal Court; and Marie O’Leary, Defense Counsel, International Criminal Court.  

Professor Sterio (center) with panelists for the discussion of “Shocking the Conscience of Humanity: From Gravity Theory to Practice.”

In addition, Professor Sterio conducted meetings with prosecutors at the International Criminal Court’s Office of the Prosecutor regarding the ICC’s Rohingya investigation, as well as meetings with representatives from the ICC Trust Fund for Victims.

Professor Sterio’s Brief Cited Extensively by the International Criminal Court Appeals Chamber

Professor Milena Sterio, with a group of experts convened under the auspices of the Public International Law and Policy Group, submitted observations as amici curiae to the Appeals Chamber of the International Criminal Court in the Case of the Prosecutor v. Dominic Ongwen.

Professor Sterio’s observations focused on the allocation of the burden of proof and the appropriate standard of proof in relation to the applicability of the grounds excluding criminal responsibility enshrined in art. 31(1)(a) and (d) of the Rome Statute. Professor Sterio, with Dean Michael Scharf (CWRU School of Law), appeared in person at the International Criminal Court in The Hague, Netherlands, in February 2022, to present these observations during the Ongwen appellate hearing.

The International Criminal Court, in this appellate judgement, generally accepted Professor Sterio’s advice and cited Professor Sterio’s amici curiae observations six times in the judgment and three additional times in the annexes to the judgement.

The ICC’s decision is available here, at the link titled, “Appeals judgment on the verdict, 15 December 2022.”

Professor Geier Publishes New Edition of Tax Textbook

Professor of Law Emeritus Deborah A. Geier has published the tenth edition of her textbook for the first law school tax class: Federal Income Taxation of Individuals 2023. The textbook can be downloaded for free at https://www.cali.org/books/us-federal-income-taxation-individuals in pdf or Word format, as well as ePub (for iPads) and Mobi (for Kindles) formats. Very soon, the book can be ordered in hard copy at cost from Lulu.com at the same link above. CALI’s eLangdell publishing seeks to reduce student textbook cost by publishing free e-textbooks. This tenth edition will be Professor Geier’s last edition, as she transitions to full retirement.

Professor Kalir Interviewed on Twitter Files Story

On December 4, 2022, the Business Insider interviewed Professor Doron Kalir on the recent “Twitter Files” controversy. Professor Kalir explained that because Twitter is not a “state actor,” the First Amendment is not properly implicated in this story. The article was titled, “You may think Twitter was wrong to censor the Hunter Biden laptop story, but it was not a violation of the First Amendment.”

Professor Sterio Participates in US State Department Meetings on International Criminal Tribunals

Professor Milena Sterio participated in two meetings at the U.S. Department of State, Office of Global Criminal Justice, on November 15 and on November 17.  The November 15 meeting, chaired by Professor Sterio, focused on the topic of the possibility of the establishment of a single residual mechanism for all international criminal tribunals.  The November 17 meeting, also chaired by Professor Sterio, focused on the possibility for the U.S. Government to contribute financially to the International Criminal Court’s Trust Fund for Victims (U.S. law prohibits the U.S. Government from contributing financially to the ICC itself).  

Professor Sterio has been working on both of these issues and advising the U.S. Department of State. Professor Sterio’s findings will be published in the form of a White Paper in the near future.

Professor Sterio Presents at American Society of International Law Conference

Professor Milena Sterio participated in the American Society of International Law Midyear Meeting in Miami, Florida, from November 10-12.  Professor Sterio was a panelist on a “Career in International Law” panel on November 10, and on a panel on November 12, where she presented her article, “The Ukraine Crisis and the Legitimacy of the International Criminal Court,” co-authored with Professor Yvonne Dutton (Indiana McKinney School of Law). This article will be published by the American University Law Review in its next issue. In addition, Professor Sterio attended ASIL Executive Council meeting (she is currently serving a 3-year term on the Executive Council).

Professor Sterio Trains Ukrainian Groups on International Criminal Law

Professor Milena Sterio is leading a series of trainings for Ukrainian civil society organizations during the week of November 28th.  One of such civilian society organizations participating in the trainings is the Center for Civil Liberties, which just won the Nobel Peace Prize.  The trainings focus on core international crimes, such as genocide, crimes against humanity, war crimes, and aggression, the prosecution of such crimes, as well as defenses available to individuals accused of such crimes.

Professor Sterio Submits Comments on ICC Prosecutor’s “Sexual Persecution” Policy

Professor Milena Sterio, along with a group of experts, submitted a Comment to the International Criminal Court’s Office of the Prosecutor on November 23.  The Comment was submitted in response to the Office of the Prosecutor’s Request for Comments from experts on its draft policy on the prosecution of the crime of sexual persecution.  Professor Sterio and her expert colleagues, in their Comment, focused on the distinction between motive and intent within the prosecution of the crime of sexual persecution, and on the need to develop a comprehensive regime of victim participation within the context of such prosecutions.  

Professor Kalir Interviewed on Attempt to Disqualify Trump from the Presidency

Professor Doron Kalir was quoted in an article on Verify titled, “Whether 14th Amendment applies to Trump depends on 3 eligibility questions.”

In the wake of former President Trump’s announcement that he will run for the presidency again, House Democrat Rep. David Cicilline (D-R.I.) is considering legislation to disqualify him from doing so based on the 14th Amendment’s Disability Clause (Section 3). In short, the Clause prevents some persons who “engaged in insurrection” to run for certain offices.

Professor Kalir, who was interviewed by Verify about the issue, opined that the Clause cannot apply to Trump for two reasons: First, the President is not listed in the Clause as one of the persons who could potentially “engage in insurrection.” And second, even if he did, while the Clause prevents a run to many an office, it does not prevent a run for the office of Presidency itself. Accordingly, according to Kalir, the Clause does not apply to Trump, and cannot prevent him from running for office.