Academic literature on the topic 'International Penal Court'

When the Criminal Code of the Russian Federation included penal labour as a form of punishment, the legislative framework governing the appointment and execution of this criminal punishment was updated. This brought about an objective need to study the procedure of substituting other punishments, not related to the isolation of the convict from society, with penal labour. Based on legal acts and research, the author raises the question whether it is admissible to substitute compulsory and corrective labour with penal labour according to Part 3 of Art. 49 and Part 4 of Art. 50 of the Criminal Code of the Russian Federation, respectively, if the malicious evasion from serving the previous sentence concerns the convict's violation of labour discipline. Some researchers believe that when substituting the unserved part of compulsory or corrective labour with a more severe criminal punishment, the court should not take into account the nature of malicious evasion. However, certain types of violations of the procedure and conditions for serving compulsory and corrective labour under Art. 30 and Art. 46 of the Penal Code of the Russian Federation testify to the inability of the convict to carry out labour activities, which is an integral attribute of penal labour. Therefore, the court needs to consider substituting the unserved part of compulsory or corrective labour with confinement, which will spare the necessity of returning to this issue when the convict is found to be maliciously evading compulsory labour. Currently, there is no uniform judicial practice on the problem under study. The failure to fulfill or improper fulfillment of the labour duties by the convict may be a reason for substituting compulsory or corrective labour with both penal labour and imprisonment, since the court is not required to justify the choice of punishment in the form of penal labour or confinement when a case under Part 3 of Art. 49 and Part 4 of Art. 50 of the Criminal Code of the Russian Federation is being considered. The author proposes to amend Decree No. 21 of the Plenum of the Supreme Court of the Russian Federation of December 20, 2011, “On the application by courts of legislation on the execution of sentences”, according to which the systematic violation of labour discipline by the convict while serving compulsory or corrective labour becomes the basis for the substitution of the unserved part of the punishment with penal labour. The proposed changes not only comply with the norms of international law, but also make it possible to exclude the use of penal labour in relation to convicts avoid labour activity.

The present work analyzes the contribution of the Nuremberg Tribunal to the shaping of the concept of crimes against humanity, particularly in the sphere of the prevention of the occurrence of new atrocities, such as those experienced in our recent history. The study approaches the need to review the past, reinforcing the warning that intolerance contributes to social, political, and international chaos. The investigation is also justified by the need to revise the historical aspects of the context in which the International Criminal Court was created, with the aim of punishing the most serious crimes against humanity. The present work analyzes the process by which the ICC was formed, with a focus on its historical and legal features, highlighting iconic cases to go on trial at the Court, if in existence when the events occurred.

Resumen: Este trabajo examina la primera condena de la Corte Penal Internacional por destrucción de patrimonio histórico. Tras analizar brevemente el conflicto interno en Mali, se estudia el desarrollo del proceso penal contra el Sr. Ahmad Al Faqi Al Mahdi, desde la remisión de la situación por el ministro de justicia maliense a la Oficina del Fiscal de la Corte hasta la fase final de reparación del daño tras la sentencia de condena. La relevancia de este caso es mayúscula, no solo por el delito objeto de la condena sino por las dificultades a la hora de establecer la reparación del daño, atendiendo a la categorización diversa de las víctimas de tales crímenes internacionales.Palabras clave : Corte Penal Internacional, Mali, crímenes de guerra, destrucción patrimonio histórico, protección internacional del patrimonio histórico-cultural, condenas por destrucción de patrimonio cultural.Abstract: This paper analyses the first international conviction for destruction of cultural heritage delivered by the International Criminal Court. After a brief study of the situation in Mali, the development of the procedure is examined, from the beginning, the referral of the situation by the Malian Ministry of Justice, till the reparations phase. The relevance of this case is absolutely exceptional, not alone by the particular war crime subject to the judgment, but also by the innovative Reparations Order, regarding the categorization of the multiple types of victims. Keywords: International Criminal Court, Mali, war crime, destruction of cultural heritage, international protection of historic and cultural heritage, convictions for destruction of cultural heritage.

Violations of international humanitarian law are not a new phenomenon. Nor is the establishment of an international criminal court to counter such violations a new idea. The first project creating a link between violations of a humanitarian treaty — that is, the Geneva Convention of 1864 for the Amelioration of the Condition of the Wounded in Armies in the Field — and penal sanction by a permanent international judicial body was drawn up by Gustave Moynier, one of the founders of the ICRC Like so many other projects, it did not materialize, however.