Visiting Professor of Penn State Law
Closing the Impunity Gap for War Crimes in Ukraine
DATE: April 11, 2023 6:00 pm
LOCATION: World Trade Center Baltimore
On March 17, the International Criminal Court in the Hague announced the most extraordinary arrest warrants in its 22-year history — for Vladimir Putin, the President of the Russian federation, and Maria Lvova-Belova, his Commissioner for Children’s Rights. The charge was war crimes: the deportation of thousands of children from conquered Ukraine territory into Russia. The 123 countries that are party to the court’s founding statute (the U.S. is not) now have an obligation to arrest Putin and his aide.
If that happens, it will not be peaceful: top aide Dmitri Medvedev says arresting Putin would be declaring war on Russia. He warned Germany that if it acted against Putin, Russian missiles would soon fly into the Chancellor’s office and the Bundestag.
What happens now? Is there a chance Putin will be arrested and sent to the Hague for trial? If
not, how will he brought to account? Or will there be impunity?
To answer these questions and more, we’ve invited one of the country’s top experts on international justice to speak on April 11. Professor Dermott Groome is a professor at Penn State’s Dickenson College of Law who spent 11 years as top prosecutor at the Hague Tribunal set up for the former Yugoslavia. He led the investigation, indictment and trial of Slobodan Milosevic, the former Serbian president, the first head of state indicted for genocide, crimes against humanity and war crimes. He was chief prosecutor in the cases of Serb military leader Gen. Radko Mladic and other top Serbian figures.
Now he’s part of the group advising the Ukraine chief prosecutor on the 65,000 war crimes cases they’re now investigating. If western prosecutors are brought in to assist the Ukraine,
Professor Groome is sure to be on that list. The title of his presentation is: Universal Jurisdiction: Closing the Impunity Gap for Crimes Committed in Ukraine.
One of Professor Groome’s great skills is boiling down legal theory to understandable language. You can get a sampling from listening to the lecture series he prepared for Ukrainian war crimes prosecutors and investigators or from reading his Handbook of Human Rights Investigation. A law graduate of Boston College, Professor Groome began his career in the Manhattan District Attorney’s office. He worked in the Office of the UN High Commissioner for Human Rights and advised the Minister of Justice and the courts as well as Legal Aid of Cambodia. Last year, Penn State gave him its President’s Award for Academic Integration and credited him for developing legal processes and doctrines that will guide international prosecutors and lawyers “for decades to come” as well as educating “a new generation of lawyer leaders for decades to come.”
The citation added: “While he has set the standard for delivering justice to survivors of atrocity crimes, his level of humility has reached the highest of heights.”
Notable Accomplishments:
Senior prosecutor in the International Criminal Tribunal for former Yugoslavia
Professor of Law at Penn State’s Dickinson Law
Harvey A. Feldman Distinguished Scholar
Teaches courses in International Criminal Law, Criminal Law, and Human Rights
Oversees the International Justice Program
Received the 2022 President’s Award for academic integration
and the 2021 Faculty Excellence Award
Member of the Atrocity Crimes Advisory Group
Projects:
International trial advocacy program – In 2017, Groome, alongside Gary S. Gildin and four Dickinson Law students, developed this first-of-its-kind program to support lawyers practicing before international tribunals.
Justice for Ukraine webpage – After the Russian invasion of Ukraine, Groome created this webpage to provide resources for Ukrainian lawyers and prosecutors focused on war crime cases.
Publications:
Social Science Research Network
Handbook of Human Rights Investigation – Published in 2011, Groome’s book applies accepted practices of criminal investigation to the investigation and documentation of human rights abuses.
“International Criminal Law,” International Lawer
“Adjudicating Genocide: Is the International Court of Justice Capable of Judging State Criminal Responsibility?” Fordham International Law Journal
“Re-Evaluating the Theoretical Basis and Methodology of International Criminal Trials,” Penn State International Law Review
“No Witness, No Case: An Assessment of the Conduct and Quality of ICC Investigations,” Penn State Journal of Law & International Affairs –
“Child Soldiers—Both Victims and Combatants: Is There Anything IHL Can Do?” – This article examines the simultaneous yet inconsistent characterizations of child soldiers and argues that IHL must develop a third status in addition to the combatant/civilian distinction
Documentaries based on Groome’s cases:
The Trial of Ratko Mladić – this film chronicles the trial of the “Butcher of Bosnia” accused of genocide and war crimes
Crimes before the ICTY: Višegrad – this film tells the gripping story of the judicial response to the ethnic cleansing in Višegrade, Bosnia and Herzegovina
Short Comments:
Putin is a wanted man — a trial isn’t imminent, but the world is closing in (nbcnews.com)
Ukraine court begins first war crimes trial for Russian soldier – The Washington Post
Ukraine Atrocity Crimes Advisory Group • Stimson Center – Groome shares his expertise in the APSG (Atrocities Prevention Study Group Project) meeting on the Ukraine Atrocity Crimes Advisory group
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Forced displacement represents one of the most pressing humanitarian issues of our time. Individuals and families, torn from the fabric of their communities, find themselves navigating a world of uncertainty, often without basic necessities or a clear path to safety. There are currently some 110 million forced displaced, and this number is growing by 10 million each year!
At the heart of this crisis are the political triggers. Armed conflicts, ethnic or religious persecutions, and systemic human rights abuses force millions to flee their homes in terror. Many are displaced within their own national boundaries, while others seek asylum abroad. If these factors change as a result of political shifts at home or the pressures from abroad, they can return to their homes. Forced displacement is thus different from environmentally driven displacement, as victims of climate change may never be able to return to their homes.
The ramifications of any sort of displacement are profound, not just for those directly affected, but also for host communities and countries. Overburdened infrastructures, socio-economic strains, and cultural tensions can arise, necessitating comprehensive strategies to foster harmony and integration. Yet the root causes of forced displacement can be remedied with a concerted focus by local players and international diplomacy.
Organizations like Refugees International play a crucial role in this arena, advocating for the rights and needs of the displaced, conducting on-the-ground assessments, and influencing policymakers to take informed actions. Their relentless work underscores the gravity of the situation and the urgency ofinternational cooperation. But they, too, are overwhelmed by the rapid expansion of the crisis.
International Humanitarian Law (IHL), with its core principles centered on the protection of civilians during conflicts, plays a pivotal role in this discourse. Yet, despite clear legal frameworks, compliance remains
inconsistent. This initiative emphasizes the importance of upholding and reinforcing these international standards.
It’s not just about recognizing the problem; it’s about active engagement. We urge governments, organizations, and individuals to prioritize the rights and needs of the forced displaced. Through collective efforts, informed policies, and sustained advocacy, we can shift the narrative from passive acknowledgment to proactive intervention.