International Criminal Law Outside the Courtroom: The Impact of Focusing on International Crimes for the Quality of Fact-Finding by International Commissions of Inquiry

2013 ◽  
Author(s):  
Dov Jacobs ◽  
Catherine Harwood
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
International Crimes ◽  
Commissions Of Inquiry ◽  
Fact Finding ◽  
The Impact

Could International Fact-Finding Missions Possibly Render a Case Inadmissible for the ICC? Remarks on the Ongoing Attempts to Include International Criminal Law in Fact-finding

2019 ◽  
Author(s):  
Barry de Vries
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Crimes ◽  
The Past ◽  
Fact Finding ◽  
Individual Criminal Responsibility

Abstract Twenty years after the adoption of the Rome Statute questions concerning complementarity remain. There is no clear indication as to how international involvement would influence the admissibility of a case. One of the responses to human rights violations and possible international crimes that has risen to prominence in the past decades is fact-finding mandated by UN organs. At the same time these mechanisms have started to incorporate a focus on issues of international criminal law and individual criminal responsibility. As these mechanisms are starting to attempt to resemble a criminal investigation in some regards the question starts to rise as to what effect an international fact-finding mechanism can have on the admissibility of a case before the International Criminal Court. This article explains how these mechanisms need to be viewed in the context of the complementarity-regime of the Rome Statute.

INTERNATIONAL CRIMINAL LAW AND AR (AZERBAIJAN REPUBLIC) LEGISLATION GENOCIDE CRIME AND ITS COMPARATIVE ANALYSIS WITH OTHER INTERNATIONAL CRIMES

2020 ◽  
Vol 53 (04) ◽  
pp. 48-52
Author(s):  
Erkin Humbat Musayev Humbat Musayev ◽  
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Key Words ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
Transnational Crime ◽  
International Criminal Law ◽  
International Crimes

Key words: international law, international criminal law, genocide, war crimes, transnational crime

scholarly journals Nullum Crimen and International Criminal Law: The Relevance of the Foreseeability Test

2015 ◽  
Vol 84 (3) ◽  
pp. 515-531
Author(s):  
Harmen van der Wilt
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
International Crimes ◽  
European Court ◽  
Starting Point

This article traces the development of the foreseeability test in the context of the nullum crimen principle. While the European Court of Human Rights has introduced the ‘accessibility and foreseeability’ criteria long ago in the Sunday Times case, the Court has only recently started to apply this standard with respect to international crimes. In the Kononov case, judges of the European Court of Human Rights exhibited strongly divergent opinions on the question whether the punishment of alleged war crimes that had been committed in 1944 violated the nullum crimen principle. According to this author, the dissension of the judges demonstrates the lack of objective foreseeability, which should have served as a starting point for the assessment of the subjective foreseeability and a – potentially exculpating – mistake of law of the perpetrator. The Court should therefore have concluded that the nullum crimen principle had been violated.

A Strategic Choice: The State Policy Requirement in Core International Crimes

2015 ◽  
Vol 28 (4) ◽  
pp. 953-975 ◽  
Author(s):  
ATHANASIOS CHOULIARAS
Keyword(s):  
Criminal Law ◽  
State Policy ◽  
International Criminal ◽  
Criminal Policy ◽  
The State ◽  
International Criminal Law ◽  
Controversial Issues ◽  
Policy Perspective ◽  
International Crimes ◽  
Definition Of

AbstractThe article focuses on one of the most intriguing and, at the same time, controversial issues of international criminal law: whether the state policy requirement should be considered as a constitutive element in core international crimes. Adopting a criminal policy perspective, my intention is to contribute to the ongoing discussion by offering a doctrinal and criminological corroboration of the position that answers in the affirmative. Nevertheless, I am not necessarily promoting a normative choice entailing the amendment of the definition of core international crimes, but I rather call for a policy choice of focusing on cases that presume a state policy component.

Recharacterisation of Crimes and the Principle of Fair Labelling in International Criminal Law

2018 ◽  
Vol 18 (5) ◽  
pp. 788-821
Author(s):  
Talita de Souza Dias
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Fair Trial ◽  
Comprehensive Analysis ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Legal Scholarship ◽  
International Crimes ◽  
The Creation ◽  
Central Claim

The principle of fair labelling has informed the creation of international crimes and other concepts of international criminal law since the modern inception of this discipline. In particular, it was the symbolic and condemnatory import of international labels such as genocide and crimes against humanity that partly motivated their introduction as offences separate from domestic ordinary crimes. Paradoxically, fair labelling has received marginal attention in legal scholarship and practice. Moreover, frequent instances of relabelling known as ‘recharacterisation of crimes’ may not be entirely consistent with that principle, inviting further analysis thereof. In this context, the purpose of this article is to provide a more systematic and comprehensive analysis of the principle of fair labelling in international criminal law, particularly in light of the phenomenon of recharacterisation of crimes. Its central claim is that fair labelling is as a fair trial right which precludes recourse to recharacterisation in certain circumstances.

‘We Demand Dignity for the Victims’ – Reflections on the Legal Qualification of the Indecent Disposal of Corpses

2015 ◽  
Vol 15 (5) ◽  
pp. 896-925 ◽  
Author(s):  
Caroline Fournet ◽  
Nicole Siller
Keyword(s):  
Case Studies ◽  
Criminal Law ◽  
International Criminal ◽  
Foreign Affairs ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
International Crimes ◽  
Trafficking In Human Beings

‘We demand dignity for the victims’. Such was the pledge of the Dutch Minister of Foreign Affairs following the crash of Malaysia Airlines flight mh17 in rebel-held territory in eastern Ukraine and the looting of the corpses of the 298 victims. Although not an isolated instance, the indecent disposal of the corpses of the victims seems to have escaped legal scrutiny. Drawing from this and other case studies, this article addresses the legal qualification of acts of mistreatment perpetrated against the corpses of victims of international crimes. It analyses all relevant dispositions pertaining to international humanitarian law, international criminal law and the law of trafficking in human beings. While these provisions fail to legally characterize such acts, the judiciary however tends to recognize their criminality; a recognition which, in the authors’ views, could make its way into the text of international (criminal) law.

Fighting the Scourge of International Crime

2020 ◽  
pp. 241-258
Author(s):  
David Petruccelli
Keyword(s):  
Eastern Europe ◽  
Criminal Law ◽  
Sex Trafficking ◽  
Central And Eastern Europe ◽  
International Criminal ◽  
International Crime ◽  
League Of Nations ◽  
International Criminal Law ◽  
Drug Trade ◽  
International Crimes

This chapter examines initiatives to organize the global fight against international crime, which emerged in Central and Eastern Europe in the 1920s and which by the 1930s posed an alternative to the imperial and liberal internationalist programmes pursued by many Western Europeans and Americans. Police, especially from Austria, sought to internationalize policing through the International Criminal Police Commission (today Interpol). At the same time, jurists from the region sought to unify norms for fighting international crimes as a first step towards a broader project of founding a body of international criminal law. Both programmes responded to the particular social and demographic problems engulfing the region after the collapse of Europe’s great land empires. By the 1930s, these post-imperial and often illiberal programmes increasingly set the agenda at the League of Nations on a range of international offences, notably the drug trade and sex trafficking.

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