scholarly journals The UN Foreign (Terrorist) Fighter Regime and International Criminal Law

2018 ◽  
Vol 112 ◽  
pp. 310-314
Author(s):  
Moira Macmillan
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Legal Issues ◽  
International Criminal Law ◽  
Uk Supreme Court ◽  
Definition Of ◽  
The Uk

I am going to consider the UN Foreign (Terrorist) Fighter FTF regime from a different perspective, by exploring how the regime interacts with both the international law relating to terrorism and international criminal law. I will to do this by looking first at the definition of terrorism and then at how the UK Supreme Court approached the issue of terrorism and armed conflict. In addition, I am going to apply a little prosecutorial pragmatism to these difficult legal issues, and suggest that we focus on the crime.

On Some Problematical Aspects of the Crime of Aggression

2007 ◽  
Vol 20 (4) ◽  
pp. 841-849 ◽  
Author(s):  
ANTONIO CASSESE
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Liability ◽  
International Criminal Law ◽  
State Responsibility ◽  
International Treaty ◽  
Legal Regimes ◽  
Degree Of Certainty ◽  
Definition Of

The essay argues that the absence of an international treaty definition of aggression in international law should not preclude the prosecution of its perpetrators. Two legal regimes of responsibility, namely the prohibition against aggression as an international wrongful act and the crime of aggression have been entangled. Once one separates the criminal liability of individuals from state responsibility, a definition of the crime of aggression can be seen. According to the author, the contours of such a new definition contain the requisite degree of certainty for judicial approaches instead of merely political approaches. Consideration is also given as to whether conspiracy to wage a war of aggression may also be regarded as a separate crime within international criminal law.

scholarly journals An overview on Individual Criminal Liability for Crime of Aggression

2021 ◽  
Vol 5 (1) ◽  
pp. 433-444
Author(s):  
Asif Khan ◽  
Shaukat Hussain Bhatti ◽  
Abid Shah
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
International Criminal Law ◽  
Historical Background ◽  
Proper Definition ◽  
Definition Of ◽  
Individual Criminal Responsibility

Over the last few years, international criminal law has included an internationally recognized definition of the crime of aggression. One may sight the respective portion from part two (Jurisdiction, Admissibility and Applicable Laws) Article 8 of the respective document. The purpose of this research represents the historical background of individual criminal responsibility under international law and the concept of individual criminal accountability for the crimes falling under the ambit of international criminal law committed by persons. Whereas the idea of how an individual could be brought to justice, for one of the core crimes of ICC's statutes, i.e., crime of aggression, was recently adopted and envisaged into Rome statutes, after the Kampala conference 2010. The concept of individual criminal responsibility for the crime of aggression faced many difficulties in at-least adopting its proper definition, which was leftover for future when Rome statue was formulated. To keep pace, this concept needs further evolution. Such an evolution demands such a condition wherein while granting the characteristics of adaptability with the contextual conditions and principles of criminal law. This article explores the anatomy of the crime of aggression and highlights issues that remain to be resolved

The doctrine of Res Judicata in International Criminal Law

2003 ◽  
Vol 3 (3) ◽  
pp. 195-216 ◽  
Author(s):  
Rosa Theofanis
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
Common Law ◽  
Civil Law ◽  
International Criminal Law ◽  
Res Judicata ◽  
The Law ◽  
Definition Of

AbstractRes judicata is well-settled as a general principle of international law. But the rules of res judicata in international criminal procedure are undeveloped. Recent cases from the ad hoc criminal tribunals for the former Yugoslavia and Rwanda have added to the understanding of res judicata in international law - demonstrating the risk that new rules of res judicata will implicitly incorporate either a common-law or civil-law definition of what the "law" is. Analysis of issues considered in recent Tribunal jurisprudence - particularly the questions of review and reconsideration - locates potential hazards in the development of the law and provides guidance for the application of the ICC statute.

The ictr and Its Contribution to the Revivification of International Criminal Law

2020 ◽  
Vol 22 (1-4) ◽  
pp. 231-246
Author(s):  
Emily Crawford
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Armed Conflict ◽  
Ad Hoc ◽  
International Criminal ◽  
Case Law ◽  
International Criminal Law ◽  
Legal Responses ◽  
The Law

In this article, Emily Crawford explores one set of key institutional and legal responses to, and consequences of, the Rwanda genocide – the ictr and the revival of icl that the ictr and the icty heralded. Tracing the development of the concept and institutions of icl, Crawford observes how the case law of the [ad hoc] tribunals, and the ictr in particular, were pivotal in progressively developing the international law of genocide, and the law of non-international armed conflict’.

Commentary: The Čelebići Case: A Comment on the Main Legal Issues in the ICTY's Trial Chamber Judgment

2000 ◽  
Vol 13 (1) ◽  
pp. 105-138
Author(s):  
Lyal S. Sunga
Keyword(s):  
Criminal Law ◽  
Future Development ◽  
Armed Conflict ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Legal Issues ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
The Status

The Čelebići Trial Judgment, rendered by the International Criminal Tribunal for the Former Yugoslavia – the first ever to involve the joint trial of more than one accused – considers numerous important issues, from the method of interpreting international criminal law, the meaning and interrelationship between Articles 2 and 3 of the Statute, the character of the armed conflict and the status of “protected persons”, to many difficult questions surrounding the heinous acts perpetrated in Čelebići Camp. This comment analyzes the reasoning of the Trial Chambers to critically evaluate the significance of this fascinating case for the future development of international criminal law doctrine.

Palestine's Accession to Geneva Convention III: Typology of Captives Incarcerated by Israel

2021 ◽  
pp. 1-30
Author(s):  
Mutaz M. QAFISHEH ◽  
Ihssan Adel MADBOUH
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Geneva Convention ◽  
Prisoners Of War ◽  
International Criminal Law ◽  
Criminal Prosecution ◽  
Security Forces ◽  
The Status

Abstract Upon the 2014 State of Palestine's accession to Geneva Convention III, captured Palestinians who took part in belligerent acts against the occupier should be treated as prisoners of war due to the fact that they belong to a party to an armed conflict. These individuals fall under three categories: members of security forces, affiliates of armed resistance groups, and uprisers who fight the occupant spontaneously on an individual basis. Contrary to established rules of IHL, Israel does not make any distinction regarding the status of these three types. Unilateral Israeli treatment of its captives does not hold water under international law. Such actions may trigger liability based on international criminal law, particularly as the ICC decided in 2021 that it possesses jurisdiction to investigate crimes occurring in the territory of Palestine. The mere fact of confining prisoners of war after the cessation of hostilities may constitute a ground for criminal prosecution.

scholarly journals Content of the term “corruption“ in international criminal law

2021 ◽  
Vol 15 (2) ◽  
pp. 242
Author(s):  
Ludmila L. Blashkova
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
International Integration ◽  
Definition Of

The development of the processes of international integration and cooperation has led to the need to develop common rules for interstate interaction aimed at combating corruption crimes that pose a threat not only to national but also to international interests. This paper presents an analysis of the provisions of a number of sources of modern international criminal law on combating corruption. Attention is drawn to the absence in modern international law of a qualitatively formulated definition of corruption, as well as a system of its legally significant features. The absence of this definition creates difficulties in defining a strictly defined list of types of corruption crimes both in international and national criminal law.

Prosecution for the Destruction of Cultural Property – Significance of the al Mahdi Trial

2018 ◽  
Vol 18 (6) ◽  
pp. 1048-1079 ◽  
Author(s):  
Lara Pratt
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Criminal Court ◽  
Cultural Property ◽  
International Criminal Law ◽  
High Profile ◽  
Important Development ◽  
Potential Benefits

In recent years, the vulnerability of cultural property during armed conflict has been a high-profile issue of international concern. The al Mahdi prosecution at the International Criminal Court, for the destruction of sites in Timbuktu, represents an important development in the protection of cultural property. As the first international criminal law prosecution solely for cultural property crimes, it is recognition that loss of cultural heritage leads to both local and global harms and opens the door to future prosecutions. This article first briefly explains the current international law framework. It then explains the significance of the al Mahdi trial and the challenges in realising any potential benefits. The article concludes that while the trial is an important development, if this prosecution represents either the totality of international criminal law engagement in Mali or the final prosecution for the destruction of cultural property, the possible benefits will be undermined.

The Tension between State Duties to Investigate and Prosecute ius Cogens Crimes and Immunity of the Highest State Representatives from Foreign Criminal Jurisdiction

2020 ◽  
Vol 20 (5) ◽  
pp. 841-861
Author(s):  
Héctor Olasolo ◽  
Juan Ramón Martínez Vargas ◽  
Laura Quijano Ortiz
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
The State ◽  
International Criminal Law ◽  
Special Rapporteur ◽  
Public International Law ◽  
Criminal Jurisdiction ◽  
Functional Immunity ◽  
Definition Of

The lack of a demarcation between international criminal law (icl) and public international law (pil) creates a set of complex issues resulting from their overlap. A prime example of this situation is the tension between the state duties under icl, to investigate and prosecute ius cogens crimes, even if they are committed by the highest representatives of foreign states, and the pil customary rules on the latter’s personal and functional immunity from foreign criminal jurisdiction. Attempts by the icj and the ilc Special Rapporteur to limit this tension have been met with strong criticism. The various arguments against both approaches show the significant difficulties to overcome the tensions caused by the overlap between icl and pil. In light of this situation, a stricto sensu definition of icl should be adopted as a way to establish a clearer demarcation between icl and pil and to limit the scope of their overlap.

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