scholarly journals Holding individuals to account beyond the state? Rights, regulation and the resort to international criminal responsibility

2017 ◽  
pp. 429-444
Author(s):  
Michelle Burgis-Kasthala
Keyword(s):  
International Criminal ◽  
Criminal Responsibility ◽  
The State ◽  
State Rights

scholarly journals The International Criminal Responsibility of Governments in the Process of Globalization

2016 ◽  
Vol 10 (1) ◽  
pp. 262
Author(s):  
Fazlollah Foroughi ◽  
Mohammad Mirzaei
Keyword(s):  
International Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
International Community ◽  
Criminal Court ◽  
The State ◽  
Progressive Development ◽  
Principles Of Justice ◽  
The Government

The effects of globalization, is the globalization of responsibilities. Due to globalization, global or international criminal responsibility of the perpetrators of the crime will follow. States as one of the international actors are also not exempt from this, and the issue of criminal responsibility for them, because the rulers of communication and sensitivity to its governance principles, coupled with a lot of complexity. According to the principle of necessity, anticipate criminal responsibility of states to prevent and avoid a lot of international crimes by nature and only with the support and assistance of States in the international dimension, to establish international order and security, in line with the process of globalization is inevitable. However, with the removal of Article 19 of the draft international responsibility of the State, approved by the International Law Commission, represents the most important source of international criminal responsibility of the government, doubt the government, there is no criminal liability, it should be stressed that the elimination of the need for It does not prejudice the existence of numerous international documents and procedures, are an expression of this. The fact is that many of the behaviors that violate the rules of universal acceptance of the international community, can be done only by governments and civil responsibility only for governments to violate the rules of universal and important, in accordance with the principles of justice and international law, such as the need to maintain international peace and order of the international community, that it makes some states of the vacuum to be exploited. In order to resolve ambiguities about the criminal responsibility of the state, should the use of existing capacity of the international community, including the UN and the Security Council, to build the infrastructure and the necessary arrangements for the progressive development of these institutions, such as that for the International Criminal Court done.

Individual Criminal Responsibility in International Human Rights Law: The Contribution of the International Criminal Court

1970 ◽  
Vol 1 ◽  
Author(s):  
Justin Mohammed
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Added Value ◽  
Crimes Against Humanity ◽  
International Human Rights Law ◽  
The Road ◽  
Individual Criminal Responsibility

The road to developing an international institutional capacity to prosecute crimes against humanity, war crimes, and genocide has been a long one, and has in many ways concluded with the establishment of the International Criminal Court (ICC). By looking at the Nuremberg and Tokyo Tribunals, the International Criminal Tribunal for Rwanda (ICTR) and International Criminal Tribunal for the Former Yugoslavia (ICTY), as well as the ICC, this paper traces the evolution of the concept of individual criminal responsibility to its present incarnation. It argues that while the ICC presents its own unique ‘added value’ to the prosecution of international criminals, its application of justice continues to be biased by the influence of powerful states.

Proportionality in Refugee Exclusion

2020 ◽  
Author(s):  
Elif Gökşen
Keyword(s):  
International Criminal ◽  
Criminal Responsibility ◽  
War Crimes ◽  
International Criminal Law ◽  
Guidance Document ◽  
Refugee Status ◽  
High Commissioner ◽  
State Practice ◽  
Proportionality Test ◽  
Individual Criminal Responsibility

Abstract In the increased discussions about international security and terrorism, the application of the exclusion clauses in Article 1 F of the 1951 Refugee Convention has become a topical and controversial issue. The United Nations High Commissioner for Refugees (UNHCR) advises states to apply a proportionality test to weigh the gravity of the crime against the consequences of exclusion for cases concerning serious non-political crimes and war crimes. However, there is no uniform approach in state practice. Also, the concept of ‘gravity of the crime’ is not clarified in any guidance document of the UNHCR. Relying on the different applications of Article 1 F of the 1951 Convention, this article questions whether the proportionality analysis is actually necessary for determining the exclusion, and how should the gravity of the crime be interpreted in such cases. First, the present article argues that the proportionality analysis is compatible with the overriding humanitarian aims of the 1951 Convention and that this analysis should be applicable to all the crimes listed in Article 1 F. Secondly, it demonstrates that the concept of ‘gravity of the crime’ should be interpreted by referring to the relevant concepts developed in international criminal law, and by considering the extent of the person’s individual criminal responsibility. This article asserts that exclusion from refugee status causes serious consequences, which sometimes might be heavier than criminal punishment. Therefore, Article 1 F should be applied with the utmost attention and sensitivity.

Individual Criminal Responsibility before the International Criminal Court

2012 ◽  
Vol 12 (1) ◽  
pp. 1-70 ◽  
Author(s):  
Barbara Goy
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Individual Criminal Responsibility

For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the jurisprudence of the ICTY/ICTR – as an expression of international law – can assist in interpreting the modes of liability under the ICC Statute. ICTY/ICTR case law seems to be most helpful with regard to accessorial forms of liability, in particular their objective elements. Moreover, it may assist in interpreting the subjective requirements set out in Article 30 ICC Statute.

Progress of Psychiatry in 1902

1903 ◽  
Vol 49 (204) ◽  
pp. 166-167
Author(s):  
W. Carolen
Keyword(s):  
Forensic Medicine ◽  
Criminal Responsibility ◽  
The State ◽  
Legal Medicine ◽  
Single Chain ◽  
Mental Diseases ◽  
State Secretary

The State Secretary for the Department of Instruction has to some extent been an agent in the progress of mental science by rendering compulsory for students of forensic medicine a course of lunacy in an asylum extending over two months. By an unfortunate imitation of the Italian system, which in a single chain unites subjects of so diverse a character as toxicology, legal medicine, and mental diseases, the best method of freniatric teaching is not obtained. In Spain, a physician at the end of his career knows nothing at all of mental infirmities and affections. The action of the State Secretary is the more surprising when one remembers his order founding and establishing separate and compulsory chairs, both clinical and theoretical, of dermatology, otology, and ophthalmology. Alienists in Spain are disappointed, and regret that so incomplete a step should have been taken in so important a matter, for physicians at present look either dumb or foolish at court when cases of criminal responsibility, civil incapacity, etc., are being tried.

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.

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