International Criminal Courts as an Architect of Sustainable Peace in Post-Conflict Societies

2009 ◽  
Author(s):  
Hannah Paul
Keyword(s):  
International Criminal ◽  
Criminal Courts ◽  
Post Conflict ◽  
Sustainable Peace

Part II Substantive Aspects, Ch.8 Cultural Heritage, Transitional Justice, and Rule of Law

2020 ◽  
Author(s):  
Vrdoljak Ana Filipa
Keyword(s):  
World War I ◽  
Cultural Heritage ◽  
Transitional Justice ◽  
Criminal Courts ◽  
Cultural Rights ◽  
Peace Processes ◽  
Post Conflict ◽  
Sustainable Peace ◽  
State Practice

This chapter examines the interrelationship between cultural heritage and efforts to secure and sustain peace. It gives an overview of the new international order the post–World War I and II peace settlements sought to create and the role of specialist culture bodies within intergovernmental frameworks in promoting the role of culture and cultural heritage in peace efforts. The role of culture rights and cultural heritage is considered within the transitional justice framework enunciated by the UN covering the rights to justice and accountability, truth, remedy and reparation, and guarantees of non-recurrence. Illustrations are drawn from the burgeoning jurisprudence of regional human rights courts and international criminal courts and State practice arising from the proliferation of peace processes since 1989. Finally, it considers the preventative role of cultural heritage and cultural rights in sustaining peace beyond the post-conflict context and UN/UNESCO efforts to promote a culture of sustainable peace.

Witness Tampering and International Criminal Tribunals

2014 ◽  
Vol 27 (1) ◽  
pp. 191-203 ◽  
Author(s):  
ROBERT CRYER
Keyword(s):  
International Criminal ◽  
Significant Problem ◽  
International Level ◽  
Criminal Courts ◽  
Enforcement Mechanism ◽  
International Criminal Tribunals ◽  
Post Conflict ◽  
Full Picture ◽  
The Subject ◽  
Black Letter

AbstractThis article investigates the difficult issues that have been raised in relation to witness tampering before international criminal courts. This is a significant problem for international criminal courts and tribunals, but has not yet been the subject of a great deal of comment. The article begins by setting out the difficulties that the courts and tribunals have encountered, through a discussion of their judgments on this point. It then turns to the black-letter law that the courts and tribunals have adopted to attempt to counter witness tampering. However, a description of the law alone cannot give a full picture of the difficulties that witness tampering, and protecting witnesses from it, present to international criminal courts and tribunals. These are explained, in part, through the fact that international criminal courts and tribunals operate in the absence of an effective international enforcement mechanism. This, and the conflict/post-conflict context against which those bodies tend to operate, is discussed, in part through the lens of the complementarity paradox identified by Paulo Benvenuti. The article concludes that although lessons can be learned from domestic approaches, the main limitation is the absence of any enforcement power at the international level, and that it is unlikely that one is likely to be created soon.

International legal immunities and privileges of the Рrosecutor amicus curiae

2020 ◽  
Vol 22 (3) ◽  
pp. 55-63
Author(s):  
EKATERINA A. KOPYLOVA ◽  
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Legal Regulation ◽  
Criminal Court ◽  
International Treaties ◽  
Amicus Curiae ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
International Criminal Tribunals ◽  
Foreign Science

The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.

Peacebuilding Functions of International Environmental Governance

2021 ◽  
pp. 1-5
Author(s):  
Ole Kristian Fauchald
Keyword(s):  
Disaster Management ◽  
Environmental Governance ◽  
Ad Hoc ◽  
International Environmental Governance ◽  
Post Conflict ◽  
Sustainable Peace ◽  
Conflict Situations ◽  
Institutional Structures ◽  
Subject Specific ◽  
Key Aspects

This chapter seeks to focus on ‘peacebuilding’ as a construct of peace among groups that have previously been in conflict. This calls for moving beyond peacemaking and conflict resolution to consider the longer-term efforts at establishing sustainable peace. Notwithstanding the longstanding efforts of UNEP’s Post-Conflict and Disaster Management Branch, there has been very limited development of international normative and institutional structures targeting the process of post-conflict sustainable peacebuilding. How far the current international environmental governance (IEG) regimes are responsive to the specific challenges to post-conflict situations? It seeks to briefly consider four key aspects of IEG regimes: (i) Ad- hoc and subject specific (ii) Incremental and facilitative (iii) Degree of reciprocity and (iv) Science-based.

The “Kouwenhoven” Case

2019 ◽  
Vol 181 ◽  
pp. 568-704
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Criminal Liability ◽  
Criminal Activity ◽  
War Crimes ◽  
International Criminal Law ◽  
Post Conflict ◽  
Arms Embargo ◽  
Witness Statements

Economics, trade and finance — Economic sanctions — Liberia — UN Security Council Resolutions 1343 (2001) and 1408 (2002) — Implementation of arms embargo under Dutch law — Whether sanctions regime violatedInternational criminal law — Difference between perpetrator and accomplice liability — Complicity in war crimes — Requirement that defendant promoted or facilitated the commission of war crimes — Conditional intent — Whether defendant consciously accepted the probability that war crimes would be committed in connection with his material support — Risk of doing business with a government engaged in international criminal activityInternational criminal law — Evidence — Admissibility and weight of witness statements — Factors relevant to assessing witness statements obtained in post-conflict environment — Coercion of witnesses — Whether inconsistencies in witness statements requiring acquittalInternational criminal law — Circumstances excusing unlawful conduct — National emergency — Whether violations of arms embargo and laws and customs of war justified by right to self-defence under international lawJurisdiction — Universal jurisdiction — War crimes — Prosecution of a Dutch national for offences committed abroad — Whether conduct of investigation by Dutch authorities making prosecution inadmissible — Whether amnesty scheme in Liberia barrier to prosecution — No violation of fair trial rightsWar and armed conflict — Existence of armed conflict — Whether armed conflict international or internal — Limited gap between norms applicable to international versus non-international armed conflict — Whether violations of laws and customs of war giving rise to individual criminal liability under Dutch law — The law of the Netherlands

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