A Fine Line between Protection and Humanisation: The Interplay between the Scope of Application of International Humanitarian Law and Jurisdiction Over Alleged War Crimes Under International Criminal Law

2018 ◽  
Author(s):  
Rogier Bartels
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Fine Line ◽  
Scope Of Application

(Re)Considering Gender Jurisprudence

2017 ◽  
Author(s):  
Patricia Viseur Sellers
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
Analytical Tool ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Panoramic View ◽  
Panoramic Views

The chapter reviews gender jurisprudence in international humanitarian law and international criminal law, and urges a reconsideration of this jurisprudence. It examines aspects of the crime of genocide to illustrate the “narrow” strand of gender jurisprudence focused on sexual violence, as well as a more “panoramic” view that has emerged in recent years. The chapter concludes by moving beyond the binary of the narrow and panoramic views of gender jurisprudence. It argues that gender jurisprudence acts as an independent measure of genocide, war crimes, and crimes against humanity. Such a comprehensive reading of gender jurisprudence provides an analytical tool for practitioners to reconceptualize redress under international criminal law.

scholarly journals La legítima defensa en Derecho Internacional Penal: análisis de sus elementos con particular referencia a los crímenes de guerra

2019 ◽  
Vol 5 (8) ◽  
pp. 230-275
Author(s):  
Christopher A. Servín Rodríguez
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Self Defense ◽  
Third Person

The present investigation analyzes the elements of self-defense in International Criminal Law with particular reference to war crimes. In that regard, article 31.1, subsection C, of the Rome Statute is examined to demonstrate that self-defense in relation with crimes against humanity, genocide and aggression protects the person who exercise it and a third person, but in relation with war crimes, its protection also covers, without precedent, property. Nevertheless, this could be contrary to International Humanitarian Law.

The Criminalization of War Crimes in Italy and the Shortcomings of the Domestic Legal Framework

2021 ◽  
Vol 21 (4) ◽  
pp. 679-697
Author(s):  
Giulio Bartolini
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
Legal Framework ◽  
Criminal Code ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations

Abstract The Italian domestic legal framework related to war crimes is characterised by several shortcomings. It is still largely centred on the provisions present in the 1941 wartime military criminal code, which have not been subjected to substantial legal restyling, regardless of the explicit and implicit obligations of domestic criminalization inferred from treaties ratified by Italy. Only in 2001–2002, at the time of Italian military operations in Afghanistan, were certain amendments to this code introduced, in order to partly adapt its content to current rules of international humanitarian law and international criminal law. However, such solutions have not brought about effective harmonization and were drafted within an incoherent legal framework, made even more complex by subsequent reforms addressing military missions abroad, thus resulting in the current unsatisfactory scenario which would require substantive reforms.

The Liability Gap in Reference to Hate Speech and War Crimes

2017 ◽  
Author(s):  
Gregory S. Gordon
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
Ad Hoc ◽  
International Criminal ◽  
Hate Speech ◽  
War Crimes ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
History Of

If the hate speech–core crime relationship is plagued by internal incoherence with respect to incitement to genocide and instigation and institutional incompatibility as concerns persecution, the problem in reference to war crimes is quite different. In effect, as Chapter 7 demonstrates, the issue is an absence of law. Remarkably, given the inherently violent nature of the battlefield, with the exception of directly ordering grave breaches, international humanitarian law contains no hate speech provisions. The same is true of the relevant international criminal law instruments—neither the ad hoc tribunal statutes nor the Rome Statute contains hate speech provisions in reference to war crimes. Providing an overview of the modern history of hate speech on the battlefield, this chapter explores the deadly implications of this normative vortex and details the relevant legal instruments that evidence it.

‘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.

The Dangers of the Obvious but Often Disregarded Details in the International Criminal Law Demarcation Debate: Norm-Integration and the Triple-Thesis ‘Argument’

2019 ◽  
Vol 20 (5) ◽  
pp. 759-783
Author(s):  
Anja Matwijkiw
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Crimes ◽  
Post Conflict

When responses to international crimes are managed in terms of post-conflict justice, this event may end ‘the demarcation debate’ before it has begun, thereby rendering it superfluous among legal scholars. This is to say that the transition from theory to reality arguably has the effect of cancelling any sharp distinction between international criminal law, international human rights law and international humanitarian law, as well as extending international criminal justice into the moral territory. Certainly, this is a premise for the dual-aspect defense of those rights that help to explain the non-separation. However, to the extent that the defense discords with traditional assumptions, relevant aspects of pro-separation reasoning must be considered. These are accommodated under the triple-thesis whereby the unequal status of different (rights-)categories limit norm-integration. The author’s account of the competing programs shows a series of flaws in the case of the triple-thesis doctrine, amounting to a vicious circle ‘argument’.

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