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  • The International Criminal Responsibility
    of Non-State Actors
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  • Study visit for a delegation of the Tunisian
    High Institute for the Judiciary
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  • Twinning Projects in support of the
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After the success of the previous nine events, and again with the support of its Regional Scientific Committee (CSR), ISISC re-proposed the moot court program “AGON 2016: From Classical Drama to a Moot Trial”, in collaboration with INDA, Associazione Amici dell’INDA and Bar Association of Siracusa. The event, which was held on June 16 in the prestigious and evocative scenario of the Greek Theatre in Siracusa and was attended by around 2000 participants, focused on the classical play "Alcesti" by Euripides, one of the tragedies staged this year at the Greek Theatre. The event, which was structured as a moot trial, focused on the character of Admeto, who is accused of the murder of his wife. Hence the subtitle: "Process to Admeto: unhappy husband or cynical murderer?". The prosecution and the defense were represented by two eminent personalities - the jurist Eva Cantarella and the lawyer Ettore Randazzo – before a qualified jury, headed by the journalist Felice Cavallaro. Moreover, the actors who personify Pheres, Apollo and Alcestis acted as witnesses, respectively, of the prosecution and the defense. The event sought to underline the subtle analogy between the events at a trial and on a stage, intending to confront and combine “classical” and “modern” features of the criminal system.
 
Dal 22 al 24 Giugno, ISISC ospita il corso della Scuola Superiore della Magistratura 
L'acquisizione della prova dichiarativa: profili comparati
 
Anche se sembra aver perso la centralità che per lungo tempo l’aveva caratterizzata, la prova dichiarativa conserva un suo ruolo significativo per l’accertamento della responsabilità nel processo penale. In primo luogo, si metteranno a fuoco le variegate situazioni soggettive dei dichiaranti, in relazione ai loro doveri, ai loro diritti, ai riflessi processuali di quanto esposto. In secondo luogo, andrà considerato il valore di quanto dichiarato e saranno affrontate le modalità attraverso le quali nelle varie fasi i soggetti narrano. In quest’ultima prospettiva, una particolare attenzione sarà dedicata alle forme di assunzione della prova dichiarativa in sede dibattimentale ed al tema della rinnovazione nel giudizio d’appello. In terzo luogo, andranno analizzate le regole che governano le dichiarazioni nell’esperienza di altri Paesi.
 
 

ISISC,  INDA, AMICI DELL’INDA E L’ORDINE DEGLI AVVOCATI DI SIRACUSA organizzano il 16 Giugno ore 21,00 al Teatro Greco  la nuova edizione di Agòn “Processo ad Admeto : marito infelice o cinico omicida?

Si rinnova così un appuntamento ormai storico con la città di Siracusa ed il suo pubblico diviso  ancora una volta tra innocentisti e colpevolisti.

On May 9, 2016, Professor M. Cherif received the Order of Bahrain, First Class, from the King of Bahrain, marking the fifth year since the submission of the report and recommendations of the Bahrain Independent Commission of Inquiry. The report and recommendations can be found at http://www.bici.org.bh/. During these five years the government has undertaken a number of initiatives to implement the BICI recommendations, as well as other initiatives on reconciliation. 
 
 
On the formal occasion, mentioned above,  Professor Bassiouni issued a statement in Arabic, which is attached. The English translation which was published in the official Bahrain media was not accurate and Professor Bassiouni issued his own corrected translation, which is also attached. 
 
Unfortunately, there was some confusion with respect to the inaccurate English translation, and as a result Professor Bassiouni felt it necessary to clarify his position in the following statement:
 
Bahrain: The Right Thing To Do
by
M. Cherif Bassiouni
Emeritus Professor of Law, DePaul University
Former Chairman, 2011 Bahrain Independent Commission of Inquiry
 
In 2011 the Kingdom of Bahrain went through an existential crisis. A confrontation took place between a segment of the Shicā population and the government, along with its Sunni supporters. The latter saw this as a precursor to revolutionary regime change. Gulf forces entered the country, which was on the brink of civil war. Violence and repression ensued. 
With moral and political courage almost unprecedented in the Arab World, King Hamad appointed an International Commission of Experts to investigate the events and make recommendations for accountability and enhancing reconciliation, stability, and peace in that country.
The Commission, consisted of five world renowned distinguished jurists. It had total freedom of action in investigating what had occurred and received the full cooperation of all government agencies. This too was unprecedented in the Arab World. The commitment and dedication of the commissioners and the staff won nationwide recognition from all factions, as well as international recognition. Its members need to be recognized: Philippe Kirsch, former President of the ICC and former Canadian Ambassador; Sir Nigel Rodley, world reknowned, long time activist and scholar in the field of Human Rights and Professor at University of Essex, UK; Mahnoush Arsanjani, former director of the UN’s Codification Division; Badria Al-Awadhi, former Dean of Kuwait University Law School; and myself as Chair. 
The report was delivered at a formal ceremony convened by King Hamad and attended by over 600 persons from the government, parliament, other state institutions, academia, the diplomatic corps, representatives of civil society, and the media. I delivered a public summary, which lasted close to an hour, presenting the facts and the Commission’s recommendations. The report was published, distributed widely, and put on a publically accessible website. It became the basis of in-country efforts to achieve accountability and justice. The King, the Crown Prince, and a number of members of the Cabinet, particularly the Ministers of Interior, Justice, and Education worked diligently to implement the 26 recommendations and to establish a reconciliation dialogue with the Shicā opposition. Over the last five years, these efforts have, regrettably, not all been successful. But these efforts must be continued, particularly in light of the ongoing tragic events in the Arab region. 
On May 9, 2016, five years after the completion of the Commission’s work, I was honored by the King at a formal ceremony in Manama. On that occasion I issued a public statement acknowledging efforts undertaken thus far, including the establishment of governmental follow-up commissions. Positive accomplishments must be acknowledged. But of the Commission’s 26 recommendations, only 10 have been substantially implemented, while the other 16 have only been partially implemented. Two of them should remain a priority of the government, namely: the release of persons convicted on the basis of their political beliefs and actions, based on freedom of opinion and expression. This includes 16 high-level persons convicted on such grounds. And, the pursuit of investigations of those responsible for the killing of five persons under torture and the ascertainment of their superiors’ responsibility. 
The government’s task is not over, even though the Commission’s is. This is not only required by justice, but it is needed to advance social justice and political reconciliation. Bahrain needs it for its future. And the region needs a positive example of an enlightened government and society in a region rife with human tragedies and human rights abuses. It is time for rulers and peoples in that region to do what is right, because it is the right thing to do, and end violence and repression.
 
The original article, in Arabic, published by the Bahrain News Agency on May 9, 2016 is  available at http://www.bna.bh/portal/news/726406#.VzCkwmXekvc.gmail.
 
Following is Professor Bassiouni’s approved translation of his statement on this occasion:
 
Professor M. Cherif Bassiouni, who chaired the Bahrain Independent Commission of Inquiry (BICI), said that the formation of the BICI was a landmark in the history of commissions, and that the commissioners were among the foremost international authorities on human rights and humanitarian law who were highly recognized for their competence and independence. 
They were able to complete their work and to draw on the full and unconditional cooperation of the government and all competent authorities, resulting in a report that was well received locally and internationally, which is a testimony to the bold and wise decision by HM King Hamad to set up the commission, Professor Bassiouni added.
Professor Bassiouni said that, during this visit, he was informed of the latest developments concerning the implementation of the recommendations of the Commission and it appeared to him that the Government implemented the recommendations on reinstating the students to their universities and the employees to their previous employment, and that the injured and victims received financial compensation without prejudice to their right to resort to competent civil courts. Moreover, a Special Investigation Unit was established in the Office of the Public Prosecution, and the establishment of an office of Inspector General in the National Security Agency, as well as an Ombudsman Office and retrials for those who were convicted before the National Safety Courts; the punishment of transgressors; changes in certain laws such as the Code of Criminal Procedure and Criminal Code; the training of police officers, judges, public prosecutors; and, the regularization of condition of places of worship.
Bassiouni added that the Government had adopted additional measures that included the establishment of the Prisoners and Detainees Rights Commission in order to protect them and guarantee there are no abuses.
All these measures taken by Bahrain indicate that serious efforts have been exerted to overcome the events of 2011, he added.
Professor Bassiouni said that the Government undertook the development of the necessary measures and programs to enhance national cohesion between all components of the Bahraini society and to improve the capabilities of the security services.
Professor Bassiouni added, during this visit, he was briefed with respect to several security reports which were not available in 2011 when the BICI was preparing its report and which indicate the existence of interference by regional foreign parties.
He added that Bahrain has emerged from a difficult period, and that the Government has dealt with the events through an integrated system of reforms and efficient actions that helped to overcome the 2011 events in light of new conditions and variables in the region.
He said that Bahrain was moving forward with reforms, which prompts the statement that the objectives of the Commission have been achieved, and that the main guarantee to maintain and build upon what has been achieved is a continuation of the reforms project launched by HM the King.
 
Apparently, what was published substituted the word “recommendations” for “objectives” in the final paragraph, above. Thus giving the impression that all of the Commission’s recommendations have been fully and completely implemented. That is not the case, as described above. What was accomplished were the objectives of the Commission, namely: to investigate, to establish the facts, and to make recommendations. The Commission was not tasked, nor was it authorized, to follow up on the implementation of its recommendations. That responsibility is incumbent upon the government of Bahrain.
 

ISISC’s 16th Specialization Course on ‘The International Criminal Responsibility of Non-State Actors’ opened on May 30 in the presence of 58 participants from 37 Universities and 27 different countries spanning all the world, from Bangladesh to Chile, from Uganda to Kuwait.
This issue is highly topical because, in the last few decades, non-state actors have become more active on the international scene in connection with a wide range of international and transnational criminal activities. Their conduct reflects the contemporary pace of globalization. It has proven harmful to a variety of human and social interests and destabilized national societies as well as impacted on regional and international peace and security. These activities, whether illegal under international law or not, have revealed the weaknesses in the international legal system’s ability to control and prevent them. They also highlight the inability of national legal systems to regulate and control the global activities of non-state actors. What has become evident is that international law must develop, at its different levels, a new legal regime able to apply international regulation to the conduct of non-state actors.
The course was inaugurated by a keynote speech of M. Cherif Bassiouni, ISISC Honorary President, followed by a lecture on the topic of: "The Multiple Regimes of Individual International Criminal Responsibility: International Criminal Law, International Human Rights Law, International Humanitarian Law: Their Implementation in National Legal Systems". The course will comprise 5 days of daily lecture sessions followed by a practical workshop. In due course, all participants will have attended 14 working sessions for a total of 42 actual academic contact hours.
 

Modulo Formativo Jean Monnet 2016-2018
Diritto Penale e Diritto Penale Europeo
27 - 28 Maggio 2016
 
CONFERENZA CONCLUSIVA I CICLO
LA SFIDA DELLO SPAZIO COMUNE EUROPEO DI GIUSTIZIA PENALE: IL POSSIBILE EQUILIBRIO TRA SICUREZZA E TUTELA DEI DIRITTI FONDAMENTALI
 
Aula Magna - Dipartimento di Giurisprudenza, Via Gallo, 24 - Catania
 
 
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