David J Scheffer
Biographic Data
| ID | 5697358 |
|---|---|
| NAME | David J Scheffer |
| GIVEN NAMES | David J |
| FAMILY NAME | Scheffer |
| SIGNATURE | SCHEFFER D J |
| AFFILIATIONS | Northwestern University |
| VERIFIED | No |
| TOTAL WORKS | 29 |
| TOTAL CITATIONS | 102 |
| AUTHOR COUNT | 29 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1987 |
| LATEST PUBLICATION YEAR | 2017 |
| H-INDEX | 5 |
Criminal Justice
This chapter considers the historical developments leading to the establishment of international criminal tribunals and why there exist unique provisions and capabilities, as well as some similar approaches to justice, among them. It highlights the key role of the United Nations (UN) in forging the new era of international criminal justice. The chapter is organized as follows. Part I examines the role of international organizations, particularly …
Reflections on Contemporary Responses to Atrocity Crimes
Several challenges arise in responding to atrocity crimes in contemporary practice. First, there is not the same proactive vision for justice in the U.N. Security Council as existed in 1993 and 1994. Second, reflecting upon the practice of the International Criminal Tribunal for the former Yugoslavia and recent controversial judgments, the question looms whether judges properly evaluate how mass atrocity crimes occur within the particular charact…
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…
The Merits of Unifying Terms: “Atrocity Crimes” and “Atrocity Law”
The World Court's Fractured Ruling on Genocide
In February 2007 the International Court of Justice (ICJ) delivered a lengthy judgment in a major genocide case, Bosnia v. Serbia, arising from the Balkans war of the early 1990s. Two of the ICJ's unprecedented rulings are major advancements for enforcement of the Convention on the Prevention and Punishment of the Crime of Genocide (UNCG). First, the Serbian state was found to be in violation of its art. 1 obligation to prevent and punish the cri…
Genocide and Atrocity Crimes
The term “genocide” has been commonly used, particularly in political dialogue, to describe atrocities of great diversity, magnitude, and character. Yet the prospect of the term's arising in policy making too often imposes an intimidating brake on effective responses. The political use of the term should be separated from its legal definition as a crime of individual responsibility. Governments and international organizations should be liberated …
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
Beyond Occupation Law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
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…
Court Order
The Tool Box, Past and Present, of Justice and Reconciliation for Atrocities
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
To the Co-Editors in Cheif
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The United States and the International Criminal Court
The United States has had and will continue to have a compelling interest in the establishment of a permanent international criminal court (ICC). Such an international court, so long contemplated and so relevant in a world burdened widi mass murderers, can both deter and punish diose who might escape justice in national courts. Since 1995, the question for the Clinton administration has never been whether there should be an international criminal…
Intergenerational context discontinuity affects the onset of puberty: A comparison of parent-child dyads in West and East Germany
International Judicial Intervention
Self-Determination in the New World Order
The United States and the International Criminal Court
The United States has had and will continue to have a compelling interest in the establishment of a permanent international criminal court (ICC). Such an international court, so long contemplated and so relevant in a world burdened widi mass murderers, can both deter and punish diose who might escape justice in national courts. Since 1995, the question for the Clinton administration has never been whether there should be an international criminal…
Genocide and Atrocity Crimes
The term “genocide” has been commonly used, particularly in political dialogue, to describe atrocities of great diversity, magnitude, and character. Yet the prospect of the term's arising in policy making too often imposes an intimidating brake on effective responses. The political use of the term should be separated from its legal definition as a crime of individual responsibility. Governments and international organizations should be liberated …
Beyond Occupation Law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
International Judicial Intervention
Intergenerational context discontinuity affects the onset of puberty: A comparison of parent-child dyads in West and East Germany
Limited Collective Security
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 …
Self-Determination in the New World Order
U.S. Law and the Iran-Contra Affair
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
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 …
The Tool Box, Past and Present, of Justice and Reconciliation for Atrocities
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
U.S. Law and the Iran-Contra Affair
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Nouveau Law and Foreign Policy
Limited Collective Security
Perpich v. Department of Defense
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Self-Determination in the New World Order
International Judicial Intervention
Intergenerational context discontinuity affects the onset of puberty: A comparison of parent-child dyads in West and East Germany
The United States and the International Criminal Court
The United States has had and will continue to have a compelling interest in the establishment of a permanent international criminal court (ICC). Such an international court, so long contemplated and so relevant in a world burdened widi mass murderers, can both deter and punish diose who might escape justice in national courts. Since 1995, the question for the Clinton administration has never been whether there should be an international criminal…
Court Order
The Tool Box, Past and Present, of Justice and Reconciliation for Atrocities
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
To the Co-Editors in Cheif
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
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…
Beyond Occupation Law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
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 …
Genocide and Atrocity Crimes
The term “genocide” has been commonly used, particularly in political dialogue, to describe atrocities of great diversity, magnitude, and character. Yet the prospect of the term's arising in policy making too often imposes an intimidating brake on effective responses. The political use of the term should be separated from its legal definition as a crime of individual responsibility. Governments and international organizations should be liberated …
The Merits of Unifying Terms: “Atrocity Crimes” and “Atrocity Law”
The World Court's Fractured Ruling on Genocide
In February 2007 the International Court of Justice (ICJ) delivered a lengthy judgment in a major genocide case, Bosnia v. Serbia, arising from the Balkans war of the early 1990s. Two of the ICJ's unprecedented rulings are major advancements for enforcement of the Convention on the Prevention and Punishment of the Crime of Genocide (UNCG). First, the Serbian state was found to be in violation of its art. 1 obligation to prevent and punish the 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…
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 …
Political science (26 works) · Law (20 works) · International Law and Human Rights (18 works) · Law (18 works) · Global Peace and Security Dynamics (11 works) · Criminology (8 works) · Computer Science (7 works) · International law (7 works) · Sociology (7 works) · Business (5 works)