Profile of Invited Expert “Ferencz”

Profile

Full Name

Donald M. Ferencz

Position

Visiting Professor

Organization

Middlesex University School of Law

URL

https://www.law.ox.ac.uk/people/don-ferencz

Biography

Donald Ferencz is an American lawyer and advocate for the rule of law in global affairs. He has been an adjunct professor of law at Pace University Law School in New York, and is currently a Visiting Professor at Middlesex University Law School in London and a Research Associate at the Oxford University Faculty of Law’s Centre for Criminology. In 1996, he and his father, Benjamin Ferencz, established the Planethood Foundation, a small private foundation “educating to replace the law of force with the force of law.” He was among the NGO advisors to the ICC’s Special Working Group on the Crime of Aggression and, after the ICC Review Conference in Kampala, Uganda in 2010, organized, and serves as the Convenor of, the Global Institute for the Prevention of Aggression, an international cooperative of academics, diplomats, and advocates with a shared interest in deterring the illegal use of force. He was personally present when the amendments on aggression were adopted in Kampala in 2010 and also when they were activated in New York in December of 2017. He lives with his wife, Valentina Mazzoleni, in Chepstow, Wales.

Selected Citations to Published Materials

Donald M. Ferencz, Continued Debate Over the Crime of Aggression: A Supreme International Irony, 58 Harv. Int’l L.J. Online (Apr. 11, 2017), available online.
Benjamin B. Ferencz & Donald M. Ferencz, Criminalizing the Illegal Use of Force inThe Cambridge Companion to International Criminal Law 230 (William Schabas ed., 2016), paywall.
Donald M. Ferencz, Aggression in Legal Limbo: A Gap in the Law that Needs Closing, 12 Wash. U. Global Stud. L. Rev. 507 (2013), available online.
Christian Wenaweser, Donald M. Ferencz et al., Handbook on the Ratification and Implementation of the Kampala Amendments to the Rome Statute of the International Criminal Court (Liechtenstein Institute on Self-Determination 2012), available online.
Donald M. Ferencz, Bringing the Crime of Aggression within the Active Jurisdiction of the ICC, 42 Case W. Res. J. Int’l L. 531 (2009), available online.

History

Member for: 6 years 49 weeks

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michelleg30: Transitional Justice as an Alternative to Prosecution in the Israel–Palestine Conflict I. Introduction War is not “pareto optimal.”1 According to the “bargaining theory of war,” a sustainable peace agreement is more beneficial to both sides than continued conflict.2 Transitional justice, the “processes and mechanisms associated with a society’s attempt to come to terms with a legacy of... (more)
huangz2024: The Matter of Statehood on the Palestine Issue I. Introduction In 2021, the Pre-Trial Chamber (PTC) of the International Criminal Court (ICC) received a request from the Prosecutor related to territorial jurisdiction over Palestine and issued its response and decision to the request. The main conclusion of the decision was to extend the jurisdiction to “the territories occupied by Israel since 1967, namely Gaza and the West Bank,... (more)
Katharina Schapfeld: Preventing Genocide: What Are the Duties of State Parties Under the Convention on the Prevention and Punishment of the Crime of Genocide and How Could They Be Fulfilled in the Current Situation? I. Introduction “There can be no more important issue, no more binding obligation, than the prevention of genocide.”1 The year 2023 doesn’t only mark the 75th anniversary of the... (more)
freyaschmidt: How Can Israel Ensure Proportionality in its Response to Hamas’ Attacks? I. Introduction With Hamas’ attack on Israel on October 7, 2023, the situation that has been smoldering for decades has entered the next round. It is accompanied by countless legal questions that revolve around the legal classification of Palestine and thus the admissibility of the International Criminal Court (ICC) and the role of international (... (more)
Jordan Murphy: The Claim of Genocide Filed Against Israel: The Elements of a Genocide Charge and its Application to the Situation in Palestine Speaking on the claim of genocide filed against Israel at the International Criminal Court (ICC) in November 2023, Palestine representative Gilles Devers asserted that the requisite criteria having been established in Gaza is not an opinion but “a reality of law.”1 Such a claim is a strong one: only two cases have... (more)
AA375: The Israel/Hamas Situation Through the Lens of the ICC Introduction The International Criminal Court (ICC) was established to investigate, prosecute, and try individuals for the most serious crimes, namely the crimes of genocide, crimes against humanity, war crimes, and the crime of aggression.1 The ICC has a responsibility to tackle situations of high gravity affecting the interests of the international community... (more)
Pilgrim: Palestinian Statehood Under the Montevideo Convention: An Unconventional Approach I. Introduction For the International Criminal Court (ICC) to have jurisdiction over the situation in Gaza and Israel after the Hamas terror attacks of October 7, 2023, Palestine must be a State.1 The Montevideo Convention on the Rights and Duties of States (Montevideo Convention) provides a four-element test for Statehood.2 To be a State under... (more)
Kellan Grant: I. Introduction On October 7, 2023, a widespread surprise attack on Israel was launched by Hamas leaders, commanders, and militants in which they invaded Israeli towns from the Gaza Strip. Since then, an ongoing conflict between Israel and Hamas has ensued. Devastatingly, many civilians in both Israel and the Palestine area have lost their lives as a result. Since October 7, 2023, there have been numerous assertions made that various crimes are being,... (more)
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msperling: Palestine at the International Criminal Court: Overzealous Jurisdiction Preventing Peacemaking Introduction On October 7, 2023, fighters affiliated with the Hamas government of the Gaza Strip attacked Israel, raping, torturing, and kidnapping Israeli men, women, and children. Around 1200 people, a vast majority of whom were civilians, were killed, and 240 were taken hostage. More than 130 of the hostages are still in captivity or have since been... (more)