Hans-Peter Kaul

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Hans-Peter Kaul (born July 25, 1943 in Glashütte , Saxony ; † July 21, 2014 ) was a German international lawyer and diplomat as well as an international judge. From March 11, 2003 to July 1, 2014, he worked as a judge at the International Criminal Court (ICC) in The Hague , in the division of the Pre-Trial Chambers. From 2004 to 2009 he was the first President of the Pre-Trial Division. From 2009 to 2012 he was the second Vice President of the ICC.

Career

Kaul was born next to two sisters as the only son of Hansgeorg and Ruth Kaul. Hans-Peter Kaul was married to Maria-Elisabeth Redeker and had four children. He spent parts of his childhood in Glashütte and Zwickau in the Soviet occupation zone . In 1952 he fled with his family to the Federal Republic, where he attended school in Hesse. After military service from 1963 to 1967, where he reached the rank of captain of the reserve, Kaul studied law at the University of Heidelberg , the University of Cambridge and the University of Lausanne . In 1971 he passed the first state examination in law in Heidelberg. He then spent a year at the École nationale d'administration (ENA) in Paris from 1972 to 1973 . In 1975 he passed his second state examination in law, also in Heidelberg. From 1973 to 1975 Kaul worked at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg as a research assistant to Hermann Mosler . In 1974 Kaul studied at the Academy of International Law in The Hague.

In 1975 Kaul joined the diplomatic service of the Federal Republic of Germany . From 1977 to 1980 he worked as a consul and press attaché at the German embassy in Norway. Afterwards, from 1980 to 1984, he worked in the Foreign Office in Bonn in the policy department for the United Nations (Security Council, General Assembly). From 1984 to 1986 he was transferred to the Tel Aviv Embassy , Israel , where he worked as a spokesman and press officer. Between 1986 and 1990 Kaul worked as counselor in the political department of the German embassy in Washington . In 1990 he returned to Bonn, where he became Deputy Head of the Middle East Affairs Department at the Foreign Office. In 1993 he went back to the United States, where he was Deputy Head of the Political Department of the German Mission to the United Nations in New York , even during Germany's non-permanent membership in the Security Council (1995/1996). Kaul returned to Bonn in 1996, where he headed the international law department of the Federal Foreign Office until 2002 . As head of this department, he was in charge of numerous proceedings before the International Court of Justice for Germany.

From 1996 to 2003 Kaul was the negotiator of the German delegation in the negotiations on the Rome Statute of the International Criminal Court and played a leading role in the establishment of the ICC. Although he was aware of the problems associated with the establishment of such a court, he was a proponent of the establishment of an International Criminal Court. In 2002 he was appointed Ambassador and Commissioner of the Foreign Office for the International Criminal Court.

Kaul was elected as the first German to be a judge at the International Criminal Court in 2003, and in 2006 he was re-elected for a second term of nine years. Judge Kaul was a member of the two Pre-Trial Chambers I and II dealing with the situations in Libya , Ivory Coast , Uganda , the Democratic Republic of the Congo , Darfur (Sudan), the Central African Republic , Kenya and Mali .

On July 1, 2014 Kaul resigned from his position as judge at the ICC for health reasons. He died on July 21, 2014.

activities

Kaul has published on international law, international criminal law and especially the crime of aggression.

Since 1997, Judge Kaul has played a key role in international efforts to criminalize aggressive warfare alongside the two former Nuremberg prosecutors Benjamin Ferencz (* 1920) and Whitney Harris (1912–2010). Through his commitment, the crime of aggression was included in the list of international crimes of the Rome Statute of the ICC. As a diplomat, international lawyer and since 2003 as a judge at the International Criminal Court, Kaul affirmed that waging wars of aggression, the highest international crime according to the Nuremberg judgment, and the unjustified use of armed force inevitably lead to serious atrocities again and again. Kaul believed that without effective criminalization and prosecution of crimes of aggression, war crimes and crimes against humanity cannot be prevented. On June 3, 2013, Kaul accompanied the German Foreign Minister Guido Westerwelle to handing over the German certificate of acceptance to the "Kampala Amendments" relating to the crime of aggression in the legal department of the United Nations in New York. Kaul was a member of the Advisory Committee of the Global Institute for the Prevention of Aggression (since 2012). He chaired the international advisory board of the founding office of the International Academy of Nuremberg Principles since March 2011. He was also a member of the Presidium of the German Society for the United Nations . He was also involved in the Scientific Advisory Board of the International Research and Documentation Center for War Crimes Trials at the University of Marburg.

Hans-Peter Kaul gave 130 speeches, lectures and interviews in newspapers, radio and television on the International Criminal Court, on international humanitarian law, on international criminal law and on the crime of aggression in Germany, Western and Eastern Europe, Russia, the United States of America and Brazil , Chile, Egypt, Iraq, Yemen, Syria, Tunisia, China, Japan, the Philippines, Thailand and Vietnam in appearance.

In May 2006 he was awarded the integration prize of the Apfelbaum Foundation, Cologne. In 2008 Kaul received an honorary doctorate from the Faculty of Law at the University of Cologne.

In his last interview, published posthumously in Tagesspiegel , Kaul stated that he had become a pacifist in the course of his life , because “the use of armed military force [...] almost automatically leads to crimes against humanity and war crimes. There is no military operation without crime ”.

Selected publications

Regarding the International Criminal Court:

  • International Criminal Court. In: Rüdiger Wolfrum (Ed.), Max Planck Encyclopaedia of Public International Law, Oxford University Press, Oxford 2011.
  • The ICC of the Future. In: HRSG. Proceedings of the Sixth International Humanitarian Law Dialogs, 26. – 28. August 2012, Chautauqua Institution, Studies in Transnational Legal Policy, the American Society of International Law, Washington 2013. ( online )

Regarding the crime of aggression:

  • Is it possible to Prevent or Punish Future War-Making? in: FICHL Occasional Paper Series No. 1 (2011), Torkel Opsahl Academic EPublisher, Oslo, 2011. ( online )
  • Implications of the Criminalization of Aggression. (co-authored by LIU Daqun) in: FICHL Policy Brief Series No. 2 (2011), Torkel Opsahl Academic EPublisher, Oslo, 2011. ( online )
  • From Nuremberg to Kampala - Reflections on the Crime of Aggression. In: Elizabeth Andersen, David M. Crane (Eds.), Proceedings of the Fourth International Humanitarian Law Dialogs, 30.– 31. August 2010, Chautauqua Institution, Studies in Transnational Legal Policy, the American Society of International Law, Washington, 2011, 59–84.
  • Kampala June 2010 - A First Review of the ICC Review Conference. In: Goettingen Journal of International Law (GoJIL) 2 (2010) 2, 649–667.
  • The Nuremberg Legacy and the International Criminal Court, Lecture in Honor of Whitney R. Harris, Former Nuremberg Prosecutor. Lecture given at the Conference, "The International Criminal Court at Ten", Washington University St Louis, 11. – 12. November 2012, forthcoming in: Washington University Global Studies Law Review (2013).

Web links

Individual evidence

  1. ↑ Hans-Peter Kaul's curriculum vitae (in English) on the website of the International Criminal Court ( Memento of the original dated February 28, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed July 22, 2014 @1@ 2Template: Webachiv / IABot / icc-cpi.int
  2. ↑ Hans-Peter Kaul's curriculum vitae (in English) on the website of the International Criminal Court ( Memento of the original dated February 28, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed July 22, 2014 @1@ 2Template: Webachiv / IABot / icc-cpi.int
  3. ↑ a b c d Thomas Bruha , Obituary Hans-Peter Kaul (1943–2014) , Archives of International Law , Volume 52 (2014), pp. 280–281.
  4. ↑ http://www.iccnow.org/?mod=electionjudges2003
  5. ↑ http://www.iccnow.org/?mod=electionjudges2006
  6. ↑ Julia Prosinger: Hans-Peter Kaul - the caretaker of justice , Der Tagesspiegel, July 22, 2014 (accessed on July 22, 2014).
  7. ↑ http://www.auswaertiges-amt.de/DE/Infoservice/Presse/Mommunikations/2013/130603-Kampala_Amendment.html?nn=382590 ; http://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/pr916.aspx
  8. ↑ http://crimeofaggression.info/the-campaign/the-global-institute-for-the-prevention-of-aggression/
  9. ↑ http://www.nuernbergakademie.de/initiative-und-errichtung.html
  10. ↑ http://www.dgvn.de/ueber-uns/organisation/praesidium/
  11. ↑ Press release of the University of Marburg , accessed on July 23, 2014
  12. ↑ http://www.stiftung-apfelbaum.de/integrationspreis.html List of award winners, accessed on July 23, 2014
  13. ↑ The speech on the occasion of the award ceremony is available online at: - ( Memento of the original from June 10, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.dgvn.de
  14. ↑ Hans-Peter Kaul in his last interview , in: Tagesspiegel from August 5, 2014; see also Dieter Deiseroth : The Peace Law of the Basic Law and the UN Charter - ... and the Bundeswehr . In: Schleswig-Holstein advertisements . Justice Ministerial Journal of Schleswig-Holstein. Edited by Ministry of Justice, Culture and Europe of Schleswig-Holstein in Kiel. No. 11; Part A, November 2014, pp. 423–432, here p. 424.
personal data
SURNAME Kaul, Hans-Peter
BRIEF DESCRIPTION German judge, international lawyer and diplomat
DATE OF BIRTH July 25, 1943
PLACE OF BIRTH Glashütte , Saxony
DATE OF DEATH July 21, 2014