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John P. Cerone

John P. Cerone

Associate Professor of Law
Director of Center for International Law and Policy
B.S.E. The Cooper Union for the Advancement of Science and Art
J.D. Notre Dame Law School
LL.M. New York University School of Law
Co-Chair, Human Rights Interest Group, American Society of International Law
Program Chair, International Human Rights Section, Association of American Law Schools
jcerone@faculty.nesl.edu
Scholarship, Publications, & Presentations

Publications:

  • "Dynamic Equilibrium: The Evolution of U.S. Policy regarding International Criminal Courts," European Journal of International Law, vol. 18, no. 2 (2007).
  • Jurisdiction and Power: The Intersection of Human Rights Law & the Law of Non-International Armed Conflict in a Transnational Context, Israel L. Rev. (accepted for 2007 publication)
  • "Inappropriate Renderings: The Danger of Reductionist Resolutions," Brooklyn Journal of International Law (accepted for 2008 publication).
  • A Human Right of Self-Defense? Geo. Mason J.Law, Economics, & Policy 2 JLEP 319 (2006)
  • Human Dignity in the Line of Fire: The Application of International Human Rights Law During Armed Conflict, Occupation, and Peace Operations 39 Vand. J.Transnat'l Law vol. 39, no. 5 (2006)
  • 'Dangerous Dicta': The Disposition of U.S. Courts Toward Recourse to International Standards in Gay Rights Adjudication, 32 Wm. Mitchell L. Rev. 543 (2006).
  • "The Status of the Individual in International Law (1906 – 2006): A Critical Appraisal," Proceedings of the 100th Annual Meeting of the American Society of International Law (2007).
  • "Legal Constraints on the International Community's Responses to Gross Violations of Human Rights and Humanitarian Law in Kosovo, East Timor, & Chechnya," Human Rights Review, vol. 2, no. 4 (2001).
  • Holding Military and Paramilitary Forces Accountable, in Human Rights and Conflict (Julie Mertus & Jeffrey Helsing, eds. 2005).
  • Minding the Gap: Outlining KFOR Accountability under International Human Rights and Humanitarian Law in Post-Conflict Kosovo, 12 Eur. J. of Int'l L. 469 (2001),available at http://www.ejil.org/journal/Vol12/No3/ab3.html.
  • The Human Rights Legal Framework Applicable to Trafficking in Persons and Its Incorporation into UNMIK Regulation 2001/4, International Peacekeeping, 7 Y.B. Int'l Peace Operations 43-98 (2002) (summary re-printed in 11 Hum. Rts. Brief (Fall 2003), available at http://www.wcl.american.edu/hrbrief/11/1cerone.cfm.
  • "Unauthorized Detention: Misplaced Reliance on the Law of Armed Conflict," New England Journal of International & Comparative Law (accepted for 2007 publication).
  • Explaining and Evaluating the UNMIK Court System, in Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia (Cesare P.R. Romano, Jann Kleffner, André Nollkaemper (eds.), 2004).
  • The Special Court for Sierra Leone: Establishing a New Approach to International Criminal Justice, 8 ILSA J. Int'l & Comp.L. 379 (2002).
  • "The Singarasa Case and the Status of the International Covenant on Civil & Political Rights in Sri Lankan Law," Law & Society Trust Review (September / October 2006).
  • Reasonable measures in unreasonable circumstances: a legal responsibility framework for human rights violations in post-conflict territories under UN administration, in Nigel White and Dirk Klaasen (eds), The UN, Human Rights and Post-Conflict Situations (2005).
  • Recent Developments in the Law of Genocide in S. Vardy & T. Tooley, Ethnic Cleansing in 20th-Century Europe, Columbia University Press, New York (2003).
  • Legal Constraints on the International Community's Responses to Gross Violations of Human Rights and Humanitarian Law in Kosovo, East Timor, & Chechnya,& Human Rights Review, vol. 2, no. 4 (Sep 2001).
  • Safe Zones, Homosexuals, and Persecution, in Dinah L. Shelton (ed), The Encyclopedia of Genocide and Crimes Against Humanity (2004).
  • "Human Rights on the Battlefield," in Human Rights in Turmoil, The Danish Institute for Human Rights (2006).
  • "Human Trafficking," The Max Planck Encyclopedia of Public International Law (accepted for 2007 publication).
  • "The Nature of International Criminal Law and Implications for Investigations," in Forensic Archaeology and Human Rights Investigations, Charles C. Thomas Publisher (2007).

Working Papers:

  • Out of Bounds? Considering the Reach of International Human Rights Law, Working Paper of the Center for Human Rights and Global Justice at NYU School of Law (April 2006)

Reports:

  • State Accountability for the Acts of Non-state Actors: The Trafficking of Women for the Purpose of Sex Industry Work, prepared for International Secretariat of Amnesty International, June 1999.

ASIL Insights:

Conferences and Symposia

  • The Status of the Individual in International Law (1906 - 2006): A Critical Appraisal, 100th Annual Meeting of the American Society of International Law, Washington, DC, USA, 31 March 2006.
  • Extraterritorial Application of Human Rights Law: A Critical Assessment of Current Jurisprudence, Association of American Law Schools Annual Meeting, Washington, DC, 5 Jan 2006.
  • The Danish Cartoon Controversy and the Rights of Minorities, Panel Discussion on the Danish Cartoon Controversy during the Inaugural Session of the UN Human Rights Council, Palais de Nations, Geneva, Switzerland, 22 June 2006.
  • The Simultaneous Application of Human Rights and Humanitarian Law During Armed Conflict, Occupation, and Peace Operations, International Humanitarian Law & International Human Rights Law: Exploring Parallel Application, Hebrew University, Jerusalem, Israel, 22 May 2006.
  • The Law of State Responsibility in the Context of the September 11 Terrorist Attacks, To War, To Court, To Both?, American Society of International Law, Washington, DC, USA, 12 Oct 2001
  • Post-9/11 Developments in the Jus ad Bellum and Jus in Bello, Killing Enemies, Killing Innocents: Changes in Humanitarian Law and the Rules of War in Response to September 11, 2001, Cornell International Law Journal Symposium 2002, 28 Feb 2002.
  • Innovations in International Criminal Law: The Jurisprudence of the UN Criminal Tribunals and the Legal and Political Foundation of the International Criminal Court, Verdad, Justicia y Reparación: Corte Penal Internacional, Vicepresidency of the Republic of Colombia, Bogota, Colombia, 19 Nov 2001.
  • "US Attitudes Toward International Criminal Courts," Meeting of the Expert Group on US Attitudes Toward International Courts (Convened by the Project on International Courts and Tribunals at NYU School of Law), Asser Institute, the Hague, 18 June 2005.
  • The application of human rights and humanitarian law in territories under UN administration where the bulk of human rights violative activity is perpetrated by non-state actors, The United Nations and Human Rights Protection in Post-Conflict Situations, Human Rights Law Centre of the University of Nottingham, UK, 12 - 13 Sep 2002.
  • The Special Court for Sierra Leone: Establishing a New Approach to International Criminal Justice, International Law Association -- International Law Weekend, New York, NY, USA, 28 Oct 2001.
  • The Interplay of the Doctrines of Command Responsibility and Joint Criminal Enterprise in the Milosevic Case, International Law Association -- International Law Weekend 2002, New York, NY, USA, 26 Oct 2002.
  • Unilateral and Multilateral Responses to Genocide: Discerning a Legal Framework, Generations of Genocide, Institute of Contemporary History and Wiener Library, London, United Kingdom, 26 - 27 Jan 2002.
  • The Convergence of Refugee Law and Human Rights Law in the Context of Gender-Based Discrimination: The Case Of Trafficking Victims, Seventh International Research and Advisory Panel, The International Association for the Study of Forced Migration, Johannesburg, South Africa, 8 - 11 Jan 2001.
  • The Confluence of Law, History, & Economic Reconstruction in the Reconciliation Process, Into the 21st Century: Reconstruction and Reparations, International Third World Legal Studies Association, Cape Town, South Africa, 4 - 6 Jan 2001.
  • Beyond Punishment: Reparations and Judicial Capacity Building in Post-Conflict Environments, Public Service and the Law - International Law Panel, University of Virginia School of Law, USA, 15 - 16 Feb 2002.
  • Criminal Prosecutions after 'In re Pinochet', panel on criminal accountability under international law, Notre Dame Center for Civil and Human Rights, Notre Dame, IN, USA, 19 Oct 2001.
  • The Role and Limitations of International Criminal Law in Fostering Human Security in Sierra Leone, Human Security for the Global South, Center for the Global South, American University, Washington, DC, USA, 20 March 2002.
  • Universal Jurisdiction after 'Congo v. Belgium','Law and Justice in Punjab, Columbia University, NY, USA, 27 April 2002.
  • From Nuremberg to Kandahar: Shifting Paradigms in International Criminal Adjudication, International Criminal Justice and White Collar Crime, Center for International Legal Studies (in cooperation with the American Bar Association), Steamboat Springs, CO, USA, 11 - 15 Feb 2002.
  • An Introduction to the International Criminal Court, American University Washington College of Law Academy on Human Rights and Humanitarian Law, Washington, DC, USA, 28 May 2003.
  • The Evolution of Crimes Against Humanity, 2003 Global Young Leaders Conference, Congressional Youth Leadership Council, Washington, DC, USA, 19 June 2003.
  • Beyond a Criminal Justice Response to Trafficking in Persons, United Nations Association, Washington, DC, USA, 25 April 2003.
  • "The International Legal Framework Applicable to Guantanamo Bay Detainees," Boston Bar Association, USA, 11 Jan 2006.
  • "Reconstructing the Rule of Law in Post-Conflict Afghanistan: Women’s Access to Justice," Suffolk University, Boston, USA, 8 Feb 2007.

Training Seminars:
  • The Application of International Criminal Law in Timor-Leste, International criminal law training seminar for international and national judges and prosecutors on the Special Panels for Serious Crimes in Timor-Leste, Dili, Timor-Leste, 23 - 25 Sep 2003.
  • The Application of International Humanitarian Law in the Context of the 'War on Terror,' International humanitarian law training seminar for Amnesty International US Program Directors, by teleconference, 7 June 2004.
  • "The Evolution of International Criminal Law," Training for International Criminal Bar Association & Japanese Federation of Bar Associations, Tokyo, Japan, 20 May 2007.
  • Grave Breaches of the 1949 Geneva Conventions and the Domestic Prosecution of War Criminals/ and /Forms and Modalities of Participation in Crimes Under International Law, Training seminars for members of Serbian judiciary, Palic, Serbia & Montenegro, 27 Aug 2001 and 30 Sep 2001.
  • The Legal Framework of Peacekeeping Operations, and the Applicability of Human Rights and Humanitarian Law, Inter-American Defense College, Organization of American States, Washington, DC, USA, 6 Feb 2002.
  • Simultaneous Application of Human Rights Law and Humanitarian Law in an Extraterritorial Context, Training seminar for staff of the Afghan Independent Human Rights Commission and UNAMA, Kabul, Afghanistan, 16 September 2004.
  • The Meaning of Substantive Gender Equality and The Application of Human Rights Law to the Acts of Non-state Actors: Distinguishing Human Rights Violations from Ordinary Crime, Training seminars for the Human Rights Division of OSCE Regional Center - Mitrovica, Kosovo, 21 and 29 June 2000.
  • "International Criminal Law & the Subject Matter Jurisdiction of the Extraordinary Chambers in the Courts of Cambodia (ECCC)," Training seminar for ECCC Office of Co-Prosecutors, Phnom Penh, Cambodia, 23 & 24 August 2007.
  • "The Development of Humanitarian and International Criminal Law," International Training Course of the Danish Institute for Human Rights, Copenhagen, Denmark, 11 April 2005.
  • "The International Legal Framework of Post-Taleban Afghanistan," Training session for staff of the Afghan Independent Human Rights Commission and the Human Rights Unit of the UN Assistance Mission in Afghanistan, Kabul, Afghanistan, 16 Sep 2004.
  • Beyond the Public Sphere: Domestic Violence as a Violation of International Human Rights Law, OSCE training seminar for members of the Kosovo judiciary, UNMIK police officers, and NGO representatives, Mitrovica, Kosovo, 25 November 2000.
  • State Cooperation, Article 98 Agreements, and the Status of Immunities under the Rome Statute, Summer Course on the International Criminal Court, Irish Centre for Human Rights, University of Galway, Ireland, 20 July 2003.
  • The Rights of the Child in International Law, OSCE roundtable in Mitrovica, Kosovo, 20 Nov 1999.

Guest Lectures:
  • Reykjavik University, Reykjavik, Iceland, 19 Jan 2007: "The Interplay between International Law & US law in the Military Commissions Act of 2006"
  • Irish Centre for Human Rights, National University of Ireland, Galway, Ireland, 20 July 2003 and 10 July 2005: "State Cooperation, Article 98 Agreements, and Immunities under the Rome Statute," and "The Security Council and the ICC."  
  • The Fletcher School of Law & Diplomacy, Tufts University, Boston, USA, 31 Jan 2007: "The Evolution of International Criminal Justice Mechanisms"
  • Fudan University Law School, Shanghai, China, 15 Oct 2007:  "The Individual & the Structure of the Classical International Legal System"
  • University for Peace, San Jose, Costa Rica, 9 October 2006: Recent Legal Developments in the Application of Humanitarian Law to the 'War on Terror'
  • The Institute of Social Studies, the Hague, the Netherlands, 11 July 2006, Disentangling the Conceptual Frameworks of Human Rights, Humanitarian, and International Criminal Law
  • Raoul Wallenberg Institute, Lund, Sweden, 11 April 2005: The Extraterritorial Application of Human Rights Law
  • Malaysian Bar Council, Kuala Lumpur, Malaysia, 27 Aug 2007: "International Legal Standards in the Municipal Sphere: Modalities of Implementation"
  • University of Copenhagen, Copenhagen, Denmark, 7 Dec 2004: The Law of State Responsibility in the Context of Multilateral Operations
  • Amnesty International - International Secretariat, London, UK, 4 Nov 2004: The Application of Human Rights and Humanitarian Law to Coalition Troops in Afghanistan
  • Pannasastra University, Phnom Penh, Cambodia, 24 Aug 2007: "Overcoming Legal Impediments to the Application of the ICCPR at Guantanamo Bay"
  • The Danish Institute for Human Rights, Copenhagen, Denmark, 28 Oct 2004: The Development of Legal Responsibility Frameworks for Post-Conflict Territories under UN Administration
  • The Rise of Individual Criminal Responsibility Under International Law, guest lecture, Fourah Bay College, Freetown, Sierra Leone, 13 March 2001.
  • Humanitarian Law and the Jurisprudence of the ICTY and Fundamental Standards of Humanity: Filling the Gap between Human Rights & Humanitarian Law, guest lectures, University of Pristina Faculty of Law, Kosovo, 26 Nov 1999 and 7 Feb 2000.
  • The Implementation of Human Right Law in Kosovo, Human Rights Seminar of the European Law Students Association (ELSA), University of Fribourg, Switzerland, 14 April 2000.
  • The Role of International Criminal Justice in Post-Conflict Societies, guest lecture, Fordham Law School, 28 Oct 2002.
  • A Brief History of the Law of War, guest lecture, Columbia University, 27 Sep 2002.
  • The Role of Human Rights Law in Peace Operations, guest lecture, CUNY Law School, New York, USA, March 2001.
  • The Constitutional Structure of UNMIK and the Implications for Public International Law, guest lecture, New York University School of Law, New York, USA, 5 Sep 2000.
  • Tokyo University of Foreign Studies, 21 May 2007, "The Interaction Between Political Considerations and the Legal Contours of International Criminal Courts and Tribunals"

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