David Scheffer
Biographic Data
| ID | 1926899 |
|---|---|
| NAME | David Scheffer |
| GIVEN NAMES | David |
| FAMILY NAME | Scheffer |
| SIGNATURE | SCHEFFER D |
| VERIFIED | No |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 10 |
| AUTHOR COUNT | 13 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1998 |
| LATEST PUBLICATION YEAR | 2016 |
| H-INDEX | 2 |
The Creation of the Tribunals
This article offers a U.S. perspective on the creation of the Yugoslav and Rwanda criminal tribunals as each nears its conclusion following more than twenty years of judicial proceedings. During the period in which the tribunals were created, one of us (MJM) was the Acting Legal Adviser or Principal Deputy Legal Adviser of the U.S. Department of State, and the other (DS) was Senior Adviser and Counsel to the U.S. Permanent Representative to the U…
The Ethical Imperative of Curbing Corporate Tax Avoidance
If the future of human rights is dependent on the capacity of the state to fulfill them, then one must focus on how the private sector interfaces with public values—an interface that directly affects how billions of people survive both economically and with dignity. During the last few years reports about multinational corporations shielding phenomenal profits from meaningful taxation have troubled governments and individual taxpayers alike. But …
The Paradox of Kiobel in Europe
One of the most striking features of Chief Justice John Roberts’s majority opinion in the U.S. Supreme Court’s judgment in Kiobel v. Royal Dutch Petroleum Co . is how it pays homage to foreign governments’ opposition to the extraterritorial application of the Alien Tort Statute (ATS), as voiced most prominently from European foreign ministries. “[F]oreign policy concerns” and the overarching goal to avoid diplomatic tensions with foreign sovereig…
El significado y la activación del crimen de agresión bajo el Estatuto de Roma de la Corte Penal Internacional
The paper analyzes the amendments that took place on Kampala regarding the crime of aggression, under the Rome Statute of the International Criminal Court.In particular, the author studies the definition of the crime, its jurisdictional filters, the elements of the crime and the understandings adopted at Kampala.The paper concludes by reviewing the United States of America's involvement in connection with the adoption of the crime of aggression, …
All the Missing Souls
Within days of Madeleine Albright’s confirmation as U.S. ambassador to the United Nations in 1993, she instructed David Scheffer to spearhead the historic mission to create a war crimes tribunal for the former Yugoslavia. As senior adviser to Albright and then as President Clinton’s ambassador-at-large for war crimes issues, Scheffer was at the forefront of the efforts that led to criminal tribunals for the Balkans, Rwanda, Sierra Leone, and Camb…
All the Missing Souls: A Personal History of the War Crimes Tribunals
The Complex Crime of Aggression under the Rome Statute
Four discrete issues demonstrate how complex the crime of aggression under the Rome Statute of the International Criminal Court will be following the amendments approved in Kampala in June 2010. First, the absence of an explicit magnitude, or gravity, requirement for determining an act of aggression ignores the reality of how matters are referred to the ICC as well as how one first determines the existence of aggression. The gravity test of a cri…
A Review of the Experiences of the Pre-Trial and Appeals Chambers of the International Criminal Court Regarding the Disclosure of Evidence
Negotiators of the Rome Statute of the International Criminal Court (ICC) did not intend the Pre-Trial Chamber (PTC) to act as a de facto investigating judge; rather, their intent was that the PTC ensure that the Prosecutor act responsibly and within well-defined limits. Several opportunities have arisen in the Lubanga case before the ICC's PTC and the Appeals Chamber to examine the Prosecutor's duty and performance in disclosing documentary evid…
Article 98(2) of the Rome Statute: America's Original Intent
The author argues that Article 98(2) only covers those agreements of bilateral or multilateral character between or among nations (whether party or non-party to the Rome Statute) and/or international organizations (such as the ICC or the UN) that provide for non-surrender to the ICC of a nation's military or official personnel and related civilian component sent abroad on official mission by such nation. The agreements were not intended to cover …
It Takes a Rwandan Village
Genocide prevention, morality, and the national interest
War Crimes and the Clinton Administration
ARTICLE 1 of the Treaty between the United States of America and the Cherokee Nation, dated July 22, 1779, reads: “That all offenses or acts of hostility by one or either of the contracting parties against the other be mutually forgiven and buried in the depths of oblivion, nevermore to be had in remembrance.” That is how as a country we started, in terms of our relations with the most obvious acts of atrocities confronting us at that time, which…
Intergenerational context discontinuity affects the onset of puberty: A comparison of parent-child dyads in West and East Germany
Intergenerational context discontinuity affects the onset of puberty: A comparison of parent-child dyads in West and East Germany
The Ethical Imperative of Curbing Corporate Tax Avoidance
If the future of human rights is dependent on the capacity of the state to fulfill them, then one must focus on how the private sector interfaces with public values—an interface that directly affects how billions of people survive both economically and with dignity. During the last few years reports about multinational corporations shielding phenomenal profits from meaningful taxation have troubled governments and individual taxpayers alike. But …
The Complex Crime of Aggression under the Rome Statute
Four discrete issues demonstrate how complex the crime of aggression under the Rome Statute of the International Criminal Court will be following the amendments approved in Kampala in June 2010. First, the absence of an explicit magnitude, or gravity, requirement for determining an act of aggression ignores the reality of how matters are referred to the ICC as well as how one first determines the existence of aggression. The gravity test of a cri…
Article 98(2) of the Rome Statute: America's Original Intent
The author argues that Article 98(2) only covers those agreements of bilateral or multilateral character between or among nations (whether party or non-party to the Rome Statute) and/or international organizations (such as the ICC or the UN) that provide for non-surrender to the ICC of a nation's military or official personnel and related civilian component sent abroad on official mission by such nation. The agreements were not intended to cover …
Intergenerational context discontinuity affects the onset of puberty: A comparison of parent-child dyads in West and East Germany
Genocide prevention, morality, and the national interest
War Crimes and the Clinton Administration
ARTICLE 1 of the Treaty between the United States of America and the Cherokee Nation, dated July 22, 1779, reads: “That all offenses or acts of hostility by one or either of the contracting parties against the other be mutually forgiven and buried in the depths of oblivion, nevermore to be had in remembrance.” That is how as a country we started, in terms of our relations with the most obvious acts of atrocities confronting us at that time, which…
It Takes a Rwandan Village
Article 98(2) of the Rome Statute: America's Original Intent
The author argues that Article 98(2) only covers those agreements of bilateral or multilateral character between or among nations (whether party or non-party to the Rome Statute) and/or international organizations (such as the ICC or the UN) that provide for non-surrender to the ICC of a nation's military or official personnel and related civilian component sent abroad on official mission by such nation. The agreements were not intended to cover …
A Review of the Experiences of the Pre-Trial and Appeals Chambers of the International Criminal Court Regarding the Disclosure of Evidence
Negotiators of the Rome Statute of the International Criminal Court (ICC) did not intend the Pre-Trial Chamber (PTC) to act as a de facto investigating judge; rather, their intent was that the PTC ensure that the Prosecutor act responsibly and within well-defined limits. Several opportunities have arisen in the Lubanga case before the ICC's PTC and the Appeals Chamber to examine the Prosecutor's duty and performance in disclosing documentary evid…
The Complex Crime of Aggression under the Rome Statute
Four discrete issues demonstrate how complex the crime of aggression under the Rome Statute of the International Criminal Court will be following the amendments approved in Kampala in June 2010. First, the absence of an explicit magnitude, or gravity, requirement for determining an act of aggression ignores the reality of how matters are referred to the ICC as well as how one first determines the existence of aggression. The gravity test of a cri…
All the Missing Souls
Within days of Madeleine Albright’s confirmation as U.S. ambassador to the United Nations in 1993, she instructed David Scheffer to spearhead the historic mission to create a war crimes tribunal for the former Yugoslavia. As senior adviser to Albright and then as President Clinton’s ambassador-at-large for war crimes issues, Scheffer was at the forefront of the efforts that led to criminal tribunals for the Balkans, Rwanda, Sierra Leone, and Camb…
All the Missing Souls: A Personal History of the War Crimes Tribunals
El significado y la activación del crimen de agresión bajo el Estatuto de Roma de la Corte Penal Internacional
The paper analyzes the amendments that took place on Kampala regarding the crime of aggression, under the Rome Statute of the International Criminal Court.In particular, the author studies the definition of the crime, its jurisdictional filters, the elements of the crime and the understandings adopted at Kampala.The paper concludes by reviewing the United States of America's involvement in connection with the adoption of the crime of aggression, …
The Ethical Imperative of Curbing Corporate Tax Avoidance
If the future of human rights is dependent on the capacity of the state to fulfill them, then one must focus on how the private sector interfaces with public values—an interface that directly affects how billions of people survive both economically and with dignity. During the last few years reports about multinational corporations shielding phenomenal profits from meaningful taxation have troubled governments and individual taxpayers alike. But …
The Paradox of Kiobel in Europe
One of the most striking features of Chief Justice John Roberts’s majority opinion in the U.S. Supreme Court’s judgment in Kiobel v. Royal Dutch Petroleum Co . is how it pays homage to foreign governments’ opposition to the extraterritorial application of the Alien Tort Statute (ATS), as voiced most prominently from European foreign ministries. “[F]oreign policy concerns” and the overarching goal to avoid diplomatic tensions with foreign sovereig…
The Creation of the Tribunals
This article offers a U.S. perspective on the creation of the Yugoslav and Rwanda criminal tribunals as each nears its conclusion following more than twenty years of judicial proceedings. During the period in which the tribunals were created, one of us (MJM) was the Acting Legal Adviser or Principal Deputy Legal Adviser of the U.S. Department of State, and the other (DS) was Senior Adviser and Counsel to the U.S. Permanent Representative to the U…
Political science (10 works) · International Law and Human Rights (8 works) · Law (7 works) · Law (6 works) · Global Peace and Security Dynamics (5 works) · Computer Science (3 works) · International law (3 works) · Psychology (3 works) · Statute (3 works) · Business (2 works)