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MARJOLEIN CUPIDO

Specialist and Consultant in International and
Comparative Criminal Law

 

BIOGRAPHY

I have been working in the field of (international) criminal justice for more than ten years. 

I graduated from Leiden University (summa cum laude) in 2007 with a LLM degree in criminal law. I then joined VU University Amsterdam as PhD Candidate. I defended my doctoral dissertation on the judicial development of international criminal law in 2015 and became Assistant Professor.

My principal interests and expertise lies in the field of international, comparative and Dutch criminal law (see further under 'Fields of expertise'). My work is characterized by a practical approach with a focus on the 'law in action'. My affinity with legal practice is further evidenced by my appointment as deputy judge in the District Court of Rotterdam, where I sat on the full bench in different types of criminal cases. Moreover, in 2017, I worked as Visiting Professional at the International Criminal Court (ICC) for the defence team of Mr. Jean-Pierre Bemba in the case of Bemba et al.

Since 2021, I work at the Academy for Legislators and Government Lawyers, where I coordinate two master programs. I continue to do research on (inter)national criminal justice, in particular on individual accountability for gross human rights violations from a comparative perspective. My work has appeared in leading (inter)national journals and edited volumes (see further under 'Publications')

I live in The Hague, The Netherlands with my husband and son.

Natuurlijk strand
 

CV

PROGRAM MANAGER

February 2021- present

I'm currently working as program manager at the Academy for Legislators and Government Lawyers. I'm responsible for developing and coordinating two master programs in which students are trained to work as legislator or government lawyer. I also participate in the recruitment, selection, and supervision of trainees. I continue to conduct research into (international) criminal justice.

ASSISTANT PROFESSOR

March 2015 - February 2021

As Assistant Professor at the department of Criminal Law and Criminology of VU University Amsterdam, I was responsible for coordinating and teaching Bachelor and Master courses on international and comparative criminal law. I also provided professional training to practitioners, including the Dutch national police and the Rwanda National Public Prosecution Authority. In  addition, I conducted (comparative) research into (international) criminal law, both individually and as part of research groups.

DEPUTY JUDGE

December 2017 - February 2021

As Deputy Judge, I sat on the full bench of the District Court of Rotterdam in criminal cases, including cases of sexual assault and robbery. I participated in the trial proceedings, deliberation and judgment writing.

VISITING PROFESSIONAL INTERNATIONAL CRIMINAL COURT

February 2017 - June 2017

As Visiting Professional (VP), I was part of the defence team - with Ms. Melinda Taylor as lead counsel - in the case against Bemba et al. concerning crimes against the administration of justice. I contributed to the appeal brief in the case by doing research on the scope of criminal liability for crimes under Article 70 of the ICC Statute.

BOARD MEMBER

March 2015-February 2021

As board member of the Center for International Criminal Justice (CICJ), I was responsible for organizing educational and academic activities related to international criminal justice. Amongst other, I  contributed to the CICJ Summer School, an international conference on the future of International Criminal Justice, and a number of expert meetings.

PHD CANDIDATE

August 2008 - March 2015

As PhD Candidate, I completed my doctoral dissertation, entitled Facts Matter: A Study into the Casuistry of Substantive International Criminal Law. Parts of my dissertation were published in leading international journals, including the Journal of International Criminal Justice

 

FIELDS OF EXPERTISE

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INTERNATIONAL CRIMINAL LAW

I am specialized in substantive international criminal law. I have studied and written about principal and secondary liability, causality, and international crimes definitions. My work has appeared in leading international journals and has been referred to by the International Criminal Court (ICC). Furthermore, I have participated in international research groups and was co-editor the volume 'Modes of Liability in International Criminal Law', which was published by Cambridge University Press. I'm an affiliated member of the Center for International Criminal Justice (CICJ), and a member of the ESIL Interest Group on the Frontiers of International Criminal Justice, and the Dutch Association for International Penal Law (GIS).

DUTCH CRIMINAL LAW

I'm trained in Dutch criminal law, which continues to be one of my fields of expertise and interest. In particular, I have studied and taught on Dutch law concerning criminal liability of business men, foreign fighters, and Somali pirates. My work has appeared in leading Dutch journals and has been referred to in Advisory Opinions of Advocate-Generals of the Dutch Supreme Courts. Moreover, I have participated in research projects that were set-up to advise the Dutch Ministry of Justice, inter alia on the criminalization of absconding justice. I'm a member of the Dutch Association for Lawyers (NJV) and the former president of its youth society.

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COMPARATIVE CRIMINAL LAW

In several research projects, I have conducted comparative legal analysis of different national and international jurisdictions, including German, French, Dutch, American and British law. Thus, I have gained a good understanding of the characteristic features of each legal system, made critical reflections, and formulated suggestions for further legal development. I have contributed to the 2018 report of the International Association of Penal Law (AIDP) and act as member of an expert group on secondary liability for international crimes, which is part of a larger research project of the University of Amsterdam.

 

PUBLICATIONS

I have published in leading (inter)national journals and edited volumes, including the Journal of International Criminal Justice, Leiden Journal of International Law, Delikt & Delinkwent and Ars Aequi. Please find below my main publications and a link to my full list of publications

Causation in International Crimes Cases: (Re)Concenptualizing the Causal Linkage

Criminal Law Forum, 2021

Principles Governing Modes of International Criminal Liability (assistant editor)

Cambridge: Cambridge University Press, 2019

De Bijdrage van de Medepleger: Hoe het Nederlandse Strafrecht Inspiratie Kan Putten uit het Internationaal Strafrecht’ (‘The Contribution of Co-Perpetrators: How Dutch Law Can Draw Inspiration from International Criminal Law’) (with Prof. Tijs Kooijmans and Dr. Lachezar Yanev)

Delikt & Delinkwent, 2018

Individual Liability for Business Involvement in International Crimes, National Report the Netherlands (with Prof. Wim Huisman and Dr. Mark Horman)

Revue International de Droit Penal, 2017

Common Purpose Liability versus Joint Perpetration: A Practical View on the ICC's Hierarchy of Liability Theories

Leiden Journal of International Law, 2016

Testifying behind Bars: Detailed ICC Witnesses and Human Rights Protection (with Dr. Joris van Wijk)

C. Stahn (ed.), The Law and Practice of the International Criminal Courts: A Critical Account of Challenges and Achievements, Oxford: Oxford University Press, 2015

Facts Matter: A Study into the Casuistry of Substantive International Criminal Law

Den Haag: Eleven International Publishing, 2015

 

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