The Protection of Non-Combatants During Armed Conflict and Safeguarding the Rights of Victims in Post-Conflict Society

Essays in Honour of the Life and Work of Joakim Dungel

This collection of essays—written by friends and colleagues of Joakim Dungel—focuses on the protection of the innocent during and after war. It is a tribute to Joakim’s life and work. Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity. This book continues Joakim’s work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them. Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim’s choice.

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Philipp Ambach has worked in the Presidency of the ICC as the President’s Special Assistant since December 2010. Before that, Mr. Ambach worked for more than three years as a legal officer in the Appeals Chamber of the ICTY, ICTR, and Registry of the ICTY. He has been accepted at the Cologne Public Prosecutor’s Office prior to his employment with the ICTY. After finishing his law degree at the Humboldt-University of Berlin, Mr. Ambach served his Referendariat at the Regional Court of Düsseldorf. He holds a Ph.D. (Dr. jur.) in international criminal law from Free University of Berlin. Mr. Ambach has published a number of articles on various topics in the area of international criminal and humanitarian law and regularly gives guest lectures on ICL/IHL topics at various educational institutions.

Frédéric Bostedt has law degrees from Germany (Ass. jur., Munich), New Zealand (LL.M., Victoria University, Wellington), and France (Master, Droits de l’homme, Strasbourg) and holds a doctorate degree (Dr. jur.) from the University of Regensburg, Germany. He worked for the Appeals Chamber (as a fellow of the International Bar Association) and for a Trial Chamber of the International Tribunal for the former Yugoslavia in The Hague, as well as for the European Court of Human Rights in Strasbourg. He is currently employed at the European Patent Office in the Legal Research Service of the Boards of Appeal.

Grant Dawson currently works as the Senior Legal Officer in the Office of the Legal Adviser of the Organisation for the Prohibition of Chemical Weapons. Previously, he served as a Legal Officer, the Deputy Chef de Cabinet, and the Acting Chef de Cabinet of the United Nations International Criminal Tribunal for the former Yugoslavia. He also has worked as an Assistant Attorney General, practiced commercial litigation in New York City, and served as a judicial law clerk on the U.S. Court of Appeals for the Armed Forces. A member of the bars of New York and Washington, DC, USA, Mr. Dawson earned his Juris Doctor from Georgetown University Law Centre, where he was a member of the Georgetown Journal of Legal Ethics, and earned his Bachelor of Arts in Classics at Columbia College.

Steve Kostas is a lawyer with the Open Society Justice Initiative’s litigation team. Mr. Kostas litigates cases across the Justice Initiative’s areas of work, focusing in part on seeking accountability for state crimes such as crimes against humanity and systematic torture. He previously worked at INTERIGHTS on counterterrorism and national security cases, where he investigated and litigated cases regarding extraordinary rendition. He was the senior legal officer in the appeals chamber and legal advisor to the President of the Special Court for Sierra Leone, and before that an associate legal officer to the President of the International Criminal Tribunal for the Former Yugoslavia, and an International Bar Association Fellow in the appeals chamber of the International Criminal Tribunal for Rwanda.
Excerpt of table of contents:
I. About the Authors and Editors
II. Foreword
III. Acknowledgements
IV. Introduction
Part One – Addresses from the Joakim Dungel Lectures in International Justice
V. An Analysis of Whether the Actions of the 7th Cavalry at Wounded Knee Creek on 29 December 1890 Were Crimes Under the Applicable Law of the Time
VI. About Responsibility
VII. Drones and the Law of Armed Conflict: the State of the Art
Part Two – The Protection of Non-Combatants During Armed Conflict
VIII. Protecting Children in Armed Conflict Through Complementary Processes of Political Engagement and International Criminal Law
IX. Target practice: Do United Nations Sanctions Protect Civilians against Al-Qaida?
X. The United Nations in Afghanistan: Policy as Protection?
XI. A Deterrent Effect of Domestic German Prosecutions for Crimes Committed by German Military in Afghanistan? – Protecting Civilians from Inadvertent Attacks by Friendly Foreign Forces
XII. Criminalising the Denial of a Fair Trial as a Crime Against Humanity
XIII. The Place of International Criminal Law Within the Context of International Humanitarian Law
XIV. Disproportionate Attacks in International Criminal Law
XV. Judicial ‘Law-Making’ in the Jurisprudence of the ICTY and ICTR in Relation to Protecting Civilians from Mass Violence: How Can Judge-Made Law be Brought into Coherence with the Doctrine of the Formal Sources of International Law?
XVI. The African Court on Human and Peoples’ Rights and the Use of Provisional Measures for the Protection of the Civilian Population in Armed Conflict Situations
Part Three – Safeguarding the Rights of Victims in Post-Conflict Society
XVII. Promoting and Protecting the Long-term Needs of Victims of Armed Conflict: The Potential Role of National Human Rights Institutions
XVIII. La Reconnaissance du Bénéfice de l’Indemnisation aux Victimes de Violations des Droits de l'Homme par la Cour Internationale de Justice
XIX. The ICC Reparations Scheme: Promise for Victims or Recipe for Failure? – A Critical Discussion of Joakim Dungel’s Unpublished Article ‘Reparations and the ICC: Is the Court Ready for the Job?’
XX. Index.