Antonio Cassese Initiative For Peace, Justice And Humanity
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Antonio Cassese (1 January 1937 – 21 October 2011) was an Italian jurist who specialized in public international law. He was the first President of the
International Criminal Tribunal for the former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal ...
and the first President of the Special Tribunal for Lebanon which he presided over until his resignation on health grounds on 1 October 2011.


Early life

Born in Atripalda, Cassese was educated at the University of Pisa (at the prestigious Collegio Medico-Giuridico of the
Scuola Normale Superiore The Scuola Normale Superiore in Pisa (commonly known in Italy as "la Normale") is a public university in Pisa and Florence, Tuscany, Italy, currently attended by about 600 undergraduate and postgraduate (PhD) students. It was founded in 1810 wi ...
, which today is
Sant'Anna School of Advanced Studies , latin_name = , image = , motto = L'eccellenza come disciplina , mottoeng = Committed to excellence , established = 1987 from previously existing institutions , type = State-supported , administrative_staff ...
), where he met his mentor, Giuseppe Sperduti, who was an international lawyer and a member of the European Commission on Human Rights. Cassese eventually decided to pursue an academic career in public international law under Sperduti's guidance.


Academic career

Cassese was the Professor of International Law at the University of Pisa from 1972 to 1974. In 1975 he joined the University of Florence, where he served as professor until 2008. He was a visiting fellow at
All Souls College, Oxford All Souls College (official name: College of the Souls of All the Faithful Departed) is a constituent college of the University of Oxford in England. Unique to All Souls, all of its members automatically become fellows (i.e., full members of t ...
, from 1979 to 1980 and professor of law at the
European University Institute The European University Institute (EUI) is an international postgraduate and post-doctoral teaching and research institute and an independent body of the European Union with juridical personality, established by the member states to contribu ...
from 1987 to 1993. He published extensively on
international human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, ag ...
and international criminal law. He was the author of International Law and International Criminal Law published by the
Oxford University Press Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books ...
, the co-founder and co-editor of the European Journal of International Law, and founder and editor-in-chief of the Journal of International Criminal Justice. Cassese was granted Doctorates honoris causa by Erasmus University Rotterdam, Paris X University and the
University of Geneva The University of Geneva (French: ''Université de Genève'') is a public research university located in Geneva, Switzerland. It was founded in 1559 by John Calvin as a theological seminary. It remained focused on theology until the 17th centu ...
, and was a member of the Institut de Droit International. In 2002, he received the Grand Prix awarded by the Académie Universelle des Cultures, presided over by the Nobel Laureate Elie Wiesel, for "exceptional contribution to the protection of human rights in Europe and the world". On 13 November 2009, Cassese received the Erasmus Prize for his services in the field of international law.


Judicial and public career

Cassese was Chairman of the
Council of Europe Steering Committee for Human Rights A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or natio ...
from 1987 to 1988 and President of the
European Committee for the Prevention of Torture The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment or shortly Committee for the Prevention of Torture (CPT) is the anti-torture committee of the Council of Europe. Founded to enforce the Europe ...
from 1989 to 1993. He represented the Italian Government on many occasions at UN meetings on human rights and served as the representative at the Geneva Diplomatic Conference on the Humanitarian Law of Armed Conflicts from 1974 to 1977. He was the first President of the
International Criminal Tribunal for the former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal ...
(ICTY), serving in this capacity from 1993 to 1997. After his tenure as President, he continued to sit as a Tribunal judge until February 2000. In his book ''International Criminal Law'' (2003), he argued for expansion of criminal responsibility of an offender. He equalised '' dolus eventualis'' with recklessness, and expanded his term " culpable negligence" ('' culpa gravis'') to unconscious negligence. By this, he got closer to the objective responsibility of an offender for a risk (
strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. ...
). For this he was criticised, as this contradicted the general rule that objective responsibility in this case cannot be part of the criminal law of civilised countries. In October 2004, Cassese was appointed by UN Secretary-General Kofi Annan to be the Chairperson for the International Commission of Inquiry on
Darfur Darfur ( ; ar, دار فور, Dār Fūr, lit=Realm of the Fur) is a region of western Sudan. ''Dār'' is an Arabic word meaning "home f – the region was named Dardaju ( ar, دار داجو, Dār Dājū, links=no) while ruled by the Daju, ...
. This Commission was to investigate potential international and
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
violations taking place in Darfur, and to determine whether or not acts of genocide had occurred. On 25 January 2005, the Commission issued its "Report to the Secretary-General." The Commission found that while there was evidence of war crimes and
crimes against humanity Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...
, the government of
Sudan Sudan ( or ; ar, السودان, as-Sūdān, officially the Republic of the Sudan ( ar, جمهورية السودان, link=no, Jumhūriyyat as-Sūdān), is a country in Northeast Africa. It shares borders with the Central African Republic t ...
had not committed acts of
genocide Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin ...
. This finding was contrary to the position of the United States, which had already labeled the Government's activities as "genocide". The Commission recommended the U.N. Security Council use its referral power under the
Rome Statute The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...
to refer the Darfur case to the
International Criminal Court The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...
in The Hague. This recommendation was expected from the Commission, as Cassese was known to be an ardent supporter of the International Criminal Court. In March 2005, the U.N. Security Council acted upon the ICC recommendation and used its referral power for the first time to refer the Darfur case to the ICC. In October 2008, Cassese was legal advisor to the European Committee for Delisting the PMOI ( People's Mujahedin of Iran). Cassese was elected as the President of the Special Tribunal for Lebanon (STL) in March 2009. He was the first president of STL. He resigned on health grounds on 1 October 2011 and was succeeded by David Baragwanath.


Death

Antonio Cassese died in
Florence Florence ( ; it, Firenze ) is a city in Central Italy and the capital city of the Tuscany region. It is the most populated city in Tuscany, with 383,083 inhabitants in 2016, and over 1,520,000 in its metropolitan area.Bilancio demografico an ...
on 21 October 2011, after a long fight with cancer. He was 74.


Private Archives

During 2015, Silvia Fano, the wife of Professor Antonio Cassese, deposited the private archives of her deceased husband at the Historical Archives of the European Union. These documents are open for consultation.


Antonio Cassese Initiative for Peace, Justice and Humanity

In April 2012, a group of Cassese's friends and admirers launched, in
Geneva Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ; rm, Genevra is the List of cities in Switzerland, second-most populous city in Switzerland (after Zürich) and the most populous city of Romandy, the French-speaki ...
, the Antonio Cassese Initiative for Peace, Justice and Humanity. The Initiative aims at perpetuating the values incarnated by Professor Cassese's teachings, and at promoting - by means of a wide range of education and research activities - international peace, human rights and the rule of law.


References

Bibliography *


Further reading

Introductory note
on the General Assembly resolution 95 (I) of 11 December 1946 (Affirmation of the Principles of International Law recognized by the Charter of the Nürnberg Tribunal) in th


External links



* {{DEFAULTSORT:Cassese, Antonio 20th-century Italian judges People from the Province of Avellino 1937 births 2011 deaths Presidents of the International Criminal Tribunal for the former Yugoslavia International law scholars Members of the Institut de Droit International University of Florence faculty University of Pisa alumni University of Pisa faculty Special Tribunal for Lebanon judges Deaths from cancer in Tuscany Italian judges of United Nations courts and tribunals 21st-century Italian judges