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COMBATTING CORRUPTION INTERNATIONALLY

Judge Mark L. Wolf

Harvard Kennedy School

January 2018 Syllabus

OVERVIEW

In this module students will examine the causes and

consequences of grand corruption -- the abuse of public office by

a nation's leaders –- and means of combatting it. Existing efforts

to combat grand corruption, such as the United Nations Convention

Against Corruption, the Organization of Economic Cooperation and

Development Convention on Combating Bribery of Foreign Public

Officials in International Business Transactions, and the United

States Foreign Corrupt Practices Act will be explored and

evaluated. International efforts to strengthen the capacity of

various countries to combat corruption, such as the International

Commission Against Impunity in Guatemala ("CICIG") and the

activities of many nations and organizations concerning , will

also be studied. In addition, initiatives to promote the

extraterritorial prosecution of grand corruption, such as applying

principles of universal jurisdiction to grand corruption and the

creation of an International Anti-Corruption Court, will be

explored.

BIOGRAPHY

The module will be taught by Senior United States District

Judge Mark L. Wolf. It will draw on Judge Wolf's experiences: as

a Special Assistant to the Attorney General of the United States

after Watergate; as a prosecutor of corrupt public officials in

Massachusetts; as a judge who has presided in cases that

demonstrated corruption in the Federal Bureau of Investigation and

Massachusetts Legislature; as a contributor to anti-corruption

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programs in many countries, including Russia, China, and Turkey;

as the founder of an emerging movement for the creation of an

International Anti-Corruption Court; and as Chair of Integrity

Initiatives International.

REQUIREMENTS

Each student will be required to write a 4-5 page paper

reflecting on the readings for one of the seminar sessions. In

addition, a 15-20 page paper will be due a reasonable time after

the last session. A student's grade may also be based in part on

the quality of his or her contribution to class discussions.

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Session 1

Introduction to the Seminar

The first session will include introductions of the teacher

and the students, and discussion of the main themes of the seminar.

These themes include: the nature of grand corruption; the costs

and consequences of grand corruption; the correlation between

grand corruption and abuses of human rights; the dangers to world

peace and security created by grand corruption; and the potential

of more effective enforcement of criminal laws to deter grand

corruption and diminish its consequences.

1. Judge Mark L. Wolf, "The Case for an International

Anti-Corruption Court," Brookings Institution (Jul. 23, 2014),

http://www.brookings.edu/research/papers/2014/07/international-

anti-corruption-court-wolf.

2. Sarah Chayes, "Nigeria's in-your-face corruption may

be fueling Boko Haram terrorism," Los Angeles Times (Jan. 30,

2015), http://touch.latimes.com/#section/-1/article/p2p-

82682618/.

3. John Githongo, "Corruption has opened door to al-

Shabaab in Kenya," The Guardian (Mar. 19, 2015),

http://www.theguardian.com/world/2015/mar/19/corruption-has-

opened-door-to-al-shabaab-in-kenya.

4. Patrick Radden Keefe, "Corruption and Revolt: Does

tolerating graft undermine national security?," The New Yorker

(Jan. 19, 2015),

http://www.newyorker.com/magazine/2015/01/19/corruption-revolt.

5. OHCHR, Opening statement by Navi Pillay (High

Commissioner for Human Rights), Panel on "The Negative Impact of

Corruption on Human Rights" (Mar. 13, 2013),

http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID

=13131&LangID=e#sthash.dys0eOCR.dpuf.

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6. Lisa O'Carroll, "Sierra Leone investigates alleged

misuse of emergency Ebola funds," The Guardian (Feb. 17, 2015),

http://www.theguardian.com/world/2015/feb/17/sierra-leone-

investigates-alleged-misuse-of-emergency-ebola-funds.

7. Nicholas Kristof, "The Deadliest Country for Kids,"

The New York Times (Mar. 19, 2015),

http://www.nytimes.com/2015/03/19/opinion/nicholas-kristof-

deadliest-country-for-kids.html?emc=eta1&_r=0.

8. Nicholas Kristof, "Two Women, Opposite Fortunes," The

New York Times (Mar. 21, 2015),

http://www.nytimes.com/2015/03/22/opinion/sunday/nicholas-

kristof-two-women-opposite-fortunes.html?emc=eta1&_r=0.

9. Nicholas Kristof, "An Unsettling Complicity," The New

York Times (Mar. 26, 2015),

http://www.nytimes.com/2015/03/26/opinion/nicholas-kristof-an-

unsettling-complicity.html?emc=eta1.

10. Nicholas Kristof, "Corruption is Killing Children in

Angola," The New York Times (June. 24, 2015),

http://www.nytimes.com/2015/06/24/opinion/nicholas-kristof-

corruption-is-killing-children-in-angola.html?emc=eta1.

11. Berivan Orucoglu, "Why Turkey's Mother of All

Corruption Scandals Refuses to Go Away," Foreign Policy (Jan 6.

2015), http://foreignpolicy.com/2015/01/06/why-turkeys-mother-

of-all-corruption-scandals-refuses-to-go-away/.

12. "Golden squeal: Did officials help evade sanctions?"

The Economist 55 (Jun. 11, 2016), available at

http://www.economist.com/news/europe/21700422-did-officials-

help-evade-sanctions-golden-squeal.

13. http://www.huffingtonpost.com/aydoaean-vatanda/the-

central-figure-of-the-turkish-corruption_b_9520152.html

14. Thomas Fuller, "Investigations Stymied in Malaysia,

Critics of Najib Razak Take Their Case Global," The New York

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Times (Sept. 12, 2015),

http://www.nytimes.com/2015/09/13/world/asia/investigations-

stymied-in-malaysia-critics-of-najib-razak-take-their-case-

global.html?smid=nytcore-ipad-share&smprod=nytcore-ipad&_r=0..

15. https://www.theguardian.com/world/2016/sep/02/malaysia

n-pm-najib-key-figure-1mdb-corruption-scandal-alleges-cabinet-

minister –

16. https://www.theguardian.com/world/2016/mar/01/more-

than-1bn-deposited-malaysian-prime-minister-account-najib-razak

17. Anne Applebaum, "A global human rights opportunity,"

The Washington Post (Dec. 15, 2012).*1

1 Materials denoted by an asterisks are available on the Seminar

web page.

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Session 2

Corruption and Efforts to Combat it in Particular Countries

Many countries now have stated policies that give high

priority to combatting corruption, including grand corruption.

This session will focus on Russia and, particularly, Ukraine, in

which the international community is deeply involved in the effort

to end the culture of impunity. The session may also include some

discussion of China, Brazil, and certain African countries; there

are optional materials concerning these countries and, if you have

time, you may want to read some or all of them.

REQUIRED READING

UKRAINE

1. Anna Yemelianova, "Diagnosis of Corruption in

Ukraine," 14 ERCAS Working Paper (Sept. 2010),

http://www.againstcorruption.eu/reports/ukraine/.

2. Niklas Kossow, "The Role of Civil Society in Anti-

Corruption: The Story of Ukraine," ACRN Research (Jul. 29,

2014), http://corruptionresearchnetwork.org/acrn-news/blog/the-

role-of-civil-society-in-anti-corruption-the-story-of-ukraine.

3. Oleksii Khmara, "Viktor Yanukovych is gone, but where

are Ukraine's missing millions?," The Guardian (Feb. 25, 2014),

http://www.theguardian.com/commentisfree/2014/feb/25/viktor-

yanukovych-gone-where-ukraine-missing-millions.

4. OECD, Report on Anti-Corruption Reforms in Ukraine,

Executive Summary (Mar. 24, 2015),

http://www.oecd.org/corruption/acn/Ukraine-Round-3-Monitoring-

Report-ENG.pdf.

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5. European Commission, "How the EU is supporting

Ukraine," MEMO/15/5035 (May 22, 2015),

http://europa.eu/rapid/press-release_MEMO-15-5035_en.htm.

6. UNDP, "Combatting corruption topping Ukraine's reforms

agenda" (May 24, 2015),

http://www.ua.undp.org/content/ukraine/en/home/presscenter/artic

les/2015/05/24/launching-the-national-agency-for-prevention-of-

corruption-toping-the-agenda.html.

7. Akaash Maharaj address to NATO Parliamentary Assembly

(61st Annual Sess.), "The Corruption-Security Nexus" (Oct. 10,

2015)(pages 8-14),

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&

cd=1&ved=0ahUKEwihveaKg6DKAhUCXR4KHe7NDbMQFggfMAA&url=http%3A%2F

%2Fwww.nato-

pa.int%2Fshortcut.asp%3FFILE%3D4152&usg=AFQjCNFHoQYu3YKMLALHrZEK

hwG_UXb4eA.

8. Petro Poroshenko, "A Year Later A New Ukraine," The

Wall Street Journal (Dec. 4, 2014),

http://www.wsj.com/articles/petro-poroshenko-a-year-later-a-new-

ukraine-1417738446.

9. Taras Kuzio, "Money Still Rules Ukraine: President

Poroshenko talks big about reform — but he's missing what may be

his only chance to break the power of the oligarchs," Foreign

Policy (Aug. 25, 2015),

http://foreignpolicy.com/2015/08/25/money-still-rules-ukraine-

poroshenko-corruption/.

10. Transparency International, "Civil Society Asks

President Poroshenko to Influence Cabinet of Ministers and

Unblock Anti-Corruption Reform" (Jul. 27, 2015), http://ti-

ukraine.org/en/news/oficial/5431.html.

11. Oleksii Khmara, "Anti-Corruption Reform in Ukraine:

Going Round in Circles," Transparency International (Nov. 16,

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2015), http://blog.transparency.org/2015/11/16/anti-corruption-

reform-in-ukraine-going-round-in-circles/.

12. "EU withdraws financial aid for Ukraine's anti-

corruption prosecution body," Ukraine Today (Nov. 5, 2015),

http://uatoday.tv/news/eu-withdraws-financial-aid-for-ukraine-s-

anti-corruption-prosecution-body-setup-528212.html.

13. "U.S. Ambassador Upbraids Ukrainian Prosecutors Over

Anticorruption Efforts," Radio Free Europe/Radio Liberty (Sept.

25, 2015), http://www.rferl.org/content/us-ambassador-upbraids-

ukraine-over-corruption-efforts/27271294.html.

14. Taras Kuzio, "Euromaidan Dreams Deferred: Poroshenko,

Corruption, and Stalled Political Progress in Ukraine," Foreign

Affairs (Jan. 7, 2016),

https://www.foreignaffairs.com/articles/ukraine/2016-01-

07/euromaidan-dreams-deferred.

15. "Progress in Ukraine: Look West, Maidan," The

Economist (Sept. 26, 2015),

http://www.economist.com/news/leaders/21666610-revolution-

ukraine-being-smothered-corruption-and-special-interests-look-

west.

16. http://foreignpolicy.com/2016/11/04/ukraine-

corruption-declaration-poroshenko-clinton-trump-russia-oligarch/

17. http://www.reuters.com/article/us-ukraine-crisis-

saakashvili-idUSKBN13219Q

18. http://www.wsj.com/articles/former-georgian-president-

saakashvili-resigns-as-ukrainian-governor-1478521359

RUSSIA

1. Paul Healy and Karthik Ramanna, "When the Crowd Fights

Corruption," Harvard Business Review 91, nos. 1/2 (January–

February 2013), https://hbr.org/2013/01/when-the-crowd-fights-

corruption/ar/1.

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"Russia's opposition: Lonely but not lost," The Economist (Sept.

12, 2015), http://www.economist.com/news/europe/21664230-russia-

after-putin-hard-imagine-right-now-one-man-trying-lonely-not-

lostMasha Gessen, "Alexey Navalny's Very Strange Form of

Freedom," The New Yorker (Jan. 15, 2016),

http://www.newyorker.com/news/news-desk/alexey-navalnys-very-

strange-form-of-freedom.

Stephen Grey, Andrey Kuzmin and Elizabeth Piper, "Putin's

daughter, a young billionaire and the president's friends,"

Reuters (Nov. 10, 2015),

http://www.reuters.com/investigates/special-report/russia-

capitalism-daughters/.

FIVE???

Masha Gessen, "Putin's Year in Scandals," The New York Times

(Jan. 6, 2016),

http://www.nytimes.com/2016/01/06/opinion/putins-year-in-

scandals.html.

2. https://www.theguardian.com/world/2016/apr/13/vladimi-putin-russia-unmoved-by-offshore-revelations

3. http://www.rferl.org/a/russia-navalny-anticorruption-foundation-prosecutors-probe/27658523.html

OPTIONAL READING

CHINA

1. James Leung, "Xi's Corruption Crackdown: How Bribery

and Graft Threaten the Chinese Dream," Foreign Affairs (May/June

2015), https://www.foreignaffairs.com/articles/china/2015-04-

20/xis-corruption-crackdown.

2. Teng Biao, "Don't Get Too Excited About China's Latest

Corruption Crackdown: A human rights lawyer explains why party

leaders have been doing this for decades," Foreign Policy (Mar.

26, 2014), http://foreignpolicy.com/2014/03/26/dont-get-too-

excited-about-chinas-latest-corruption-crackdown/.

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3. Yukon Huang, "Arresting Corruption in China: Why

China's form of corruption is so unique — and how to address the

problem," The Diplomat (Mar. 30, 2015),

http://thediplomat.com/2015/03/arresting-corruption-in-china/.

4. Bo Zhiyue, "A Dilemma for China's Corruption Fighters:

The thorny question facing China's anti-corruption campaign: how

far up the chain of command to go," The Diplomat (May 26, 2015),

http://thediplomat.com/2015/05/a-dilemma-for-chinas-corruption-

fighters/.

5. Dingding Chen, "China's Anti-Corruption Campaign

Enters Phase Two: The second phase of Xi Jinping's anti-

corruption campaign will require an intensification of legal

efforts," The Diplomat (Jul. 2, 2015),

http://thediplomat.com/2015/07/chinas-anti-corruption-campaign-

enters-phase-two/

6. http://www.bloomberg.com/news/articles/2016-01-13/xi-calls-

for-a-china-in-2016-where-nobody-dares-to-be-corrupt-

7. http://foreignpolicy.com/2016/01/21/interactive-

visualizing-chinas-massive-corruption-crackdown/

8. http://www.nybooks.com/articles/2016/04/21/crackdown-in-

china-worse-and-worse/

BRAZIL

1. "Corruption in Brazil: The Big Oily," The Economist

(Jan. 3, 2015), http://www.economist.com/news/americas/21637437-

petrobras-scandal-explained-big-oily.

2. Donna Bowater, "Brazil's Continuing Corruption

Problem," BBC News (Sept. 16, 2015),

http://www.bbc.com/news/business-34255590.

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3. Paul Kiernan, "Brazil's Petrobras Reports Nearly $17

Billion in Asset and Corruption Charges: State-run oil company

writes off $2.1 billion of alleged bribe payments," The Wall

Street Journal (Apr. 22, 2015),

http://www.wsj.com/articles/brazils-petrobras-reports-nearly-17-

billion-impairment-on-assets-corruption-1429744336.

4. David Segal, "Petrobras Oil Scandal Leaves Brazilians

Lamenting a Lost Dream," The New York Times (Aug. 7, 2015),

http://www.nytimes.com/2015/08/09/business/international/effects

-of-petrobras-scandal-leave-brazilians-lamenting-a-lost-

dream.html.

5. Monica Arruda de Almeida and Bruce Zagaris, "Political

capture in the Petrobas Corruption Scandal: The Sad tale of an

Oil Giant," 39(2) Fletcher Forum Journal 87(2015),

http://www.acfcs.org/wp-content/uploads/2015/06/Arruda-Zagaris-

2015.pdf.

6. "Corruption, economic crisis and impeachment: Yet

Brazil's agony holds a positive lesson for the rest of the

world," The Financial Times (Dec. 4, 2015),

http://www.ft.com/intl/cms/s/0/ec086668-99ed-11e5-9228-

87e603d47bdc.html#axzz3tZuWmb00.

7. Paulo Sotero, "Rousseff's Impeachment Advances in

Congress," Woodrow Wilson International Center for Scholars

(Dec. 10, 2015), https://www.wilsoncenter.org/article/rousseffs-

impeachment-advances-congress.

8. Paulo Sotero, "The Petrobas Scandal: Year in Review

2015," Encyclopedia Britannica Online (2015),

http://www.britannica.com/topic/Petrobras-Scandal-The-2034539.

9. http://www.bbc.com/news/world-latin-america-35810578 ;

https://www.theguardian.com/world/2016/mar/17/brazil-government-

crisis-briefing-dilma-rousseff-lula-petrobas

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10. https://www.theguardian.com/world/2015/dec/30/brazil

-anti-corruption-prosecutor-deltan-dallagnol-lava-

jato-investigation

AFRICA

1. John Githongo, "Kenya's rampant corruption is eating

away at the very fabric of democracy," The Guardian (Aug. 6,

2015), http://www.theguardian.com/global-

development/2015/aug/06/kenya-barack-obama-visit-anti-

corruption-plan-democracy.

2. Mohammed Lere, "SERAP asks Buhari to implement 5-point

programme to end corruption," Premium Times (Apr. 10, 2015),

http://www.premiumtimesng.com/news/180872-serap-asks-buhari-

toimplement- 5-point-programme-to-end-corruption.html.

3. "Nigeria: Act boldly on corruption, abuses, Human

Rights Watch tells Buhari," Premium Times (May 27, 2015),

http://www.premiumtimesng.com/news/more-news/183736-nigeria-act-

boldly-on-corruption-abuses-human-rights-watch-tells-

buhari.html.

4. Report, "People and corruption: Africa survey 2015 –

Global Corruption Barometer," Transparency International (Dec.

1, 2015)(pages 2-4),

http://www.transparency.org/whatwedo/publication/people_and_corr

uption_africa_survey_2015.

UNITED NATIONS

1. Colum Lynch, "U.S. Accuses Former U.N. General

Assembly President of Corruption," Foreign Policy (Oct. 6,

2015), http://foreignpolicy.com/2015/10/06/u-s-accuses-former-u-

n-general-assembly-president-of-corruption/.

2. http://www.reuters.com/article/us-un-corruption-exclusive-idUSKCN0X00VD

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3. http://www.nytimes.com/2016/01/21/nyregion/executive-in-un-corruption-case-pleads-guilty.html?_r=0

Session 3

Existing International Efforts to Combat Corruption

This session will focus on the nature and effectiveness of

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existing international efforts to combat corruption, including

grand corruption. These efforts began with the United States

Foreign Corrupt Practices Act ("FCPA"), and include the

Organization of Economic Development Convention on Combating

Bribery of Foreign Public Officials in International Business

Transactions and the United Nations Convention Against Corruption

("UNCAC"). Despite these instruments, corruption, particularly

grand corruption, continues to be endemic in many countries. The

adequacy of these instruments, whether they are being properly

implemented, and the reasons for any failures to enforce the

obligations that they create will be explored.

FCPA

1. U.S. DOJ Criminal Division & SEC Enforcement Division,

"A Resource Guide to the U.S. Foreign Corrupt Practices Act"

(Nov. 14, 2012)(pages 2-10), http://www.justice.gov/criminal-

fraud/fcpa-guidance.

2. David Leigh & Rob Evans, "Secrets of Al-Yamamah," The

Guardian,

http://www.theguardian.com/baefiles/page/0,,2095831,00.html.

3. Christopher Drew & Nicola Clark, "BAE Settles

Corruption Charges," The New York Times (Feb. 5, 2010),

http://www.nytimes.com/2010/02/06/business/global/06bribe.html.

4. Kent J. Schmidt and Bryan M. McGarry, "Is BAE Systems

Too Big to Fail?: The Unintended Consequences of Anti-Bribery

Investigations," The Anti-Fraud Network Newsletter (Dec. 16,

2009),

https://www.dorsey.com/newsresources/publications/2009/12/is-

bae-systems-too-big-to-fail-the-unintended-co__.

5. David Leigh and Rob Evans, "BAE: secret papers reveal

threats from Saudi prince," The Guardian (Feb. 15, 2008),

http://www.theguardian.com/world/2008/feb/15/bae.armstrade.

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6. Siri Schubert and T. Christian Miller, "At Siemens,

Bribery Was Just a Line Item," The New York Times (Dec. 20,

2008),

http://www.nytimes.com/2008/12/21/business/worldbusiness/21sieme

ns.html?pagewanted=all.

7. Joint press release, "Siemens AG and the World Bank,

Siemens Launches US $100-million initiative for anti-corruption"

(Dec. 9, 2010),

http://web.worldbank.org/WBSITE/EXTERNAL/NEWS/0,,contentMDK:2241

2179~pagePK:64257043~piPK:437376~theSitePK:4607,00.html.

8. Bruce Watson, "Siemens and the battle against bribery

and corruption," The Guardian (Sept. 18, 2013),

http://www.theguardian.com/sustainable-business/siemens-

solmssen-bribery-corruption.

UNCAC

1. Hannes Hechler, "UNCAC in a Nutshell: A quick guide to

the United Nations Convention against Corruption for embassy and

donor agency staff," U4 Anti-Corruption Resource Center Brief

(Sept. 2010), http://www.u4.no/publications/uncac-in-a-

nutshell-a-quick-guide-to-the-united-nations-convention-against-

corruption-for-embassy-and-donor-agency-staff/.

2. Philippa Webb, "The United Nations Convention Against

Corruption: Global Achievement or Missed Opportunity?" 8 J.

Int'l Econ. L. 191 (2005) (pages 191-205, 227-29).*

3. Judge Mark L. Wolf, Statement of Senior Judge Mark L.

Wolf to UNCAC Implementation Review Group (Jun. 2015).*

4. https://www.theguardian.com/global-development/2016/sep/16/corruption-africa-violates-human-

rights-fuels-radicalism-why-do-we-tolerate-it

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TRANSPARENCY INTERNATIONAL

1. Transparency International Corruption Perceptions

Index 2014, http://www.ey.com/Publication/vwLUAssets/EY-

transparency-international-corruption-perceptions-index-

2014/$FILE/EY-transparency-international-corruption-perceptions-

index-2014.pdf.

2. "Transparency International: A more combative

approach?" The Economist (Oct. 16, 2014),

http://www.economist.com/blogs/newsbook/2014/10/transparency-

international.

3. Report, "Exporting Corruption, Progress Report 2015:

Assessing Enforcement of the OECD Convention on Combatting

Foreign Bribery," Transparency International (2015) (pages 2-7),

http://www.transparency.org/exporting_corruption.

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Session 4

The International Criminal Court and the International Commission

Against Impunity in Guatemala

In 2002, the International Criminal Court ("ICC") was created

for the prosecution of genocide, war crimes, and crimes against

humanity in countries that lacked either the capacity or the will

to prosecute such abuses of human rights themselves. In 2006, in

cooperation with Guatemala, the United Nations created the

International Commission Against Impunity in Guatemala ("CICIG")

to combat corruption in that country. Both the ICC and CICIG

reflect the recognition that in certain circumstances the

international community is justified in intervening in what have

traditionally been viewed as domestic matters.

This session will explore the conditions and campaign that

led to the creation of the ICC, the evolution of CICIG, and the

effectiveness of the ICC and CICIG.

ICC

1. Daniel Donovan, "International Criminal Court:

Successes and Failures," International Policy Digest (Mar. 23,

2012),

http://www.internationalpolicydigest.org/2012/03/23/internationa

l-criminal-court-successes-and-failures-of-the-past-and-goals-

for-the-future/.

2. Coalition for the International Criminal Court,

"About the Coalition for the International Criminal Court"

http://www.coalitionfortheicc.org/?mod=coalition.

3. Heidi Nichols Haddad, "After the Norm Cascade: NGO

Mission Expansion and the Coalition for the International

Criminal Court," 19 Global Governance 187 (2013).*

4. "The United States and the International Criminal

Court: An Overview," in Sarah Sewall and Carl Kaysen, The United

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States and the International Criminal Court (2000)(pages 1-8).

5. James A. Goldston, "International Justice Under

Threat," Open Society Justice Initiative (Mar. 7, 2012),

http://www.osisa.org/sites/default/files/international_justice_i

nstitutions_under_threat-jim_goldston.pdf.

6. James A. Goldston, "International Justice Must Start

at Home," The New York Times (Jul. 17, 2012),

http://www.nytimes.com/2012/07/18/opinion/international-justice-

must-start-at-home.html?_r=0.

7. James A. Goldston, "When Grave Crimes Elude Justice,"

The New York Times (May 29, 2013),

http://www.nytimes.com/2013/05/30/opinion/global/when-grave-

crimes-elude-justice.html.

CICIG

1. Andrew Hudson and Alexandra W. Taylor, "The

International Commission against Impunity in Guatemala: A New

Model for International Criminal Justice Mechanisms," 8 J. Int'l

Crim. Just. 53 (2010).*

2. "Unfinished Business: Guatemala's International

Commission against Impunity (CICIG)," Open Society Justice

Initiative (Mar. 3, 2015),

https://www.opensocietyfoundations.org/sites/default/files/cicig

-report-english-20150319.pdf.

3. Francisco Goldman, "From President to Prison: Otto

Perez Molina and a Day for Hope in Guatemala," The New Yorker

(Sept. 4, 2015), http://www.newyorker.com/news/news-desk/from-

president-to-prison-otto-perez-molina-and-a-day-for-hope-in-

guatemala.

4. "Guatemala's Embattled President," The New York Times

(Aug. 26, 2015),

http://www.nytimes.com/2015/08/27/opinion/guatemalas-embattled-

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president.html?_r=0.

5. Nina Lakhani, "Guatemalan president's downfall marks

success for corruption investigators," The Guardian (Sept. 9,

2015), http://www.theguardian.com/world/2015/sep/09/guatemala-

president-otto-perez-molina-cicig-corruption-investigation.

6. Colleen Walsh, "Independent mind: Former Guatemalan

judge keeps close watch on corruption," Harvard Gazette (Oct.

23, 2015),

http://news.harvard.edu/gazette/story/2015/10/independent-mind/.

7. The Editorial Board, "Honduras Follows Guatemala's

Path to Fight Corruption," The New York Times (Dec. 25, 2015),

http://www.nytimes.com/2015/12/25/opinion/honduras-follows-

guatemalas-path-to-fight-corruption.html?_r=0.

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Session 5

Prosecuting Corruption Internationally

This session will explore whether extraterritorial means of

enforcing existing anti-corruption laws are necessary to attack

the culture of impunity that is the foundation for grand

corruption. It will also examine: whether there is a principled

justification for such efforts; the potential value and problems

with the exercise of universal jurisdiction to combat grand

corruption; and whether the creation of an International Anti-

Corruption Court is justified, desirable, and feasible.

1. "Indictment and Arrest of Augusto Pinochet,"

Wikipedia,

https://en.wikipedia.org/wiki/Indictment_and_arrest_of_Augusto_P

inochet.

2. Henry A. Kissinger, "The Pitfalls of Universal

Jurisdiction," 80(4) Foreign Affairs (July/August 2001) 86,

https://www.foreignaffairs.com/articles/2001-07-01/pitfalls-

universal-jurisdiction.

3. Kenneth Roth, "The Case for Universal Jurisdiction,"

80(5) Foreign Affairs 150 (September/October 2001),

https://www.foreignaffairs.com/articles/2001-09-01/case-

universal-jurisdiction.

4. American Non-Governmental Organizations Coalition for

the International Criminal Court ("AMICC"), "Questions and

Answers on the ICC and Universal Jurisdiction" (Jun. 28, 2007),

http://www.amicc.org/advocacy/icc.

5. Global Organization of Parliamentarians Against

Corruption ("GOPAC") Discussion Paper, "Prosecuting Grand

Corruption as GOPAC, an International Crime" (Nov. 18, 2013),

http://gopacnetwork.org/Docs/DiscussionPaper_ProsecutingGrandCor

ruption_EN.pdf.

21

6. GOPAC, "Fighting Grand Corruption Through Existing

International Institutions and Conventions," UNCAC Conference of

States Parties (Nov. 4, 2015),

https://www.unodc.org/documents/treaties/UNCAC/COSP/session6/Spe

cialEvents/2015_11_05_JohnHydeGOPAC2.pdf.

7. Judge Mark L. Wolf, "The Case for an International

Anti-Corruption Court," Brookings Institution (Jul. 23, 2014),

http://www.brookings.edu/research/papers/2014/07/international-

anti-corruption-court-wolf.

8. Andres Oppenheimer, "It's time for International

Corruption Court," Miami Herald (Jul. 23, 2014),

http://www.miamiherald.com/news/local/news-columns-blogs/andres-

oppenheimer/article1976798.html.

9. View IACC website: http://www.iaccnow.org/.

10. Matthew Stephenson, "The Case Against an International

Anti-corruption Court," The Global Anti-Corruption Blog (July

31, 2014), http://globalanticorruptionblog.com/2014/07/31/the-

case-against-an-international-anti-corruption-court/.

11. Brett D. Schaefer, Steven Groves and James M. Roberts,

"Why the U.S. Should Oppose the Creation of an International

Anti-Corruption Court," The Heritage Foundation (Oct. 1, 2014),

http://www.heritage.org/research/reports/2014/10/why-the-us-

should-oppose-the-creation-of-an-international-anti-corruption-

court.

12. Oral Testimony, Arvind Ganesan (Business and Human

Rights director, Human Rights Watch), "Tom Lantos Human Rights

Commission Briefing: An International Anti-Corruption Court

(IACC) to Mitigate Grand Corruption and Human Rights Abuses"

(Nov. 13, 2014), https://www.hrw.org/news/2014/11/13/tom-lantos-

human-rights-commission-briefing-international-anti-corruption-

court-iacc.

22

13. Sarah Ali, "Do We Need an International Court to

Prosecute Grand Corruption?," Global (Jul. 5, 2015),

http://cctrends.cipe.org/do-we-need-an-international-court-to-

prosecute-grand-corruption/.

14. Bambang Muryanto, "UN Called on to establish

International Anti-Corruption Court," The Jakarta Post (Oct. 8,

2015), http://www.thejakartapost.com/news/2015/10/08/un-called-

establish-international-corruption-court.html.

15. Yetunde Ayobami Ojo, "SERAP wants Jonathan, Buhari to

endorse international court against corruption," The Guardian

(Mar. 16, 2015), http://www.ngrguardiannews.com/2015/03/serap-

wants-jonathan-buhari-to-endorse-international-court-against-

corruption/.

16. Judge Mark L. Wolf, "Memo to Jose Ugaz on Prosecuting

Grand Corruption" (Jan. 21, 2015).*

17. Stuart Levey, "Fighting Corruption After the Arab

Spring," Foreign Affairs (June 16, 2011),