Journal articles: 'Internationalised criminal justice'

1

Olusanya, Olaoluwa. "The Statute of the Iraqi Special Tribunal for Crimes Against Humanity– Progressive or Regressive?" German Law Journal 5, no. 7 (July 1, 2004): 859–78. http://dx.doi.org/10.1017/s207183220001289x.

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The global effort to establish an effective system of international justice is at an important phase in its history. After close to 50 years of relative stagnation following the Nuremberg trials at the end of World War II, the field of international criminal law has been revitalised. The establishment of the International Criminal Court, the ad hoc tribunals for the former Yugoslavia and for Rwanda, “hybrid” or “internationalised” processes such as the Special Court in Sierra Leone, and national criminal justice systems exercising universal jurisdiction, have all lent substance and credibility to the assertion that the most grievous human rights crimes are subject to international scrutiny and legal action.

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Sriram, Chandra Lekha, Olga Martin-Ortega, and Johanna Herman. "Justice delayed? Internationalised criminal tribunals and peace-building in Lebanon, Bosnia and Cambodia." Conflict, Security & Development 11, no. 3 (July 2011): 335–56. http://dx.doi.org/10.1080/14678802.2011.593811.

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Christensen, Mikkel Jarle, and Astrid Kjeldgaard-Pedersen. "Competing Perceptions of Hybrid Justice: International v. National in the Extraordinary Chambers of the Courts of Cambodia." International Criminal Law Review 18, no. 1 (February 15, 2018): 127–53. http://dx.doi.org/10.1163/15718123-01801007.

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Mixing insights from critical sociology and legal scholarship, this article analyses the diverging professional interests at play in the Extraordinary Chambers in the Courts of Cambodia (eccc) and examines how they affect the Chambers’ application of the law. The article shows that judicial interpretation in the eccc is influenced by two non-legal factors. One is the overall shared interest of the competing groups of professionals occupying the Chambers that the Khmer Rouge leaders are tried before an internationalised rather than purely a domestic court. The other is the profound power battle between the international and the national constituents of the eccc. In a broader context, the findings of the article point to a fundamental divide between an international market of criminal lawyers promoting a very specific idea of international criminal justice and the local context this market purports to cater to.

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Schomburg, Wolfgang, Anna Oehmichen, and Katrin Kayß. "Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement." New Journal of European Criminal Law 12, no. 2 (March 3, 2021): 246–56. http://dx.doi.org/10.1177/2032284421995933.

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As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.

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KASTNER, PHILIPP. "Transitional Justice + Cyberjustice = Justice2?" Leiden Journal of International Law 30, no. 3 (April 3, 2017): 753–69. http://dx.doi.org/10.1017/s092215651700019x.

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AbstractThe increased use of information and communication technologies arguably represents important opportunities for the field of transitional justice, notably with respect to the optimization of existing mechanisms and the development of new ones. This article focuses on state-based and typically very formal mechanisms, namely international, internationalized and national criminal tribunals as well as truth and reconciliation commissions. These institutions often apply and engage with international law and operate with the involvement or under the close scrutiny of the international community. Moreover, they can be expected to be the first ones to embrace insights from the field of cyberjustice to a significant extent.Enhancing access to and participation in such mechanisms, rendering them more cost-efficient and facilitating information-sharing would correspond to generally accepted norms relating to both international human rights and justice. However, cyberjustice initiatives may also entrench an already common ‘toolkit approach’ in the field of transitional justice. This article builds on recent critiques of the dominant legalistic and normatively driven transitional justice paradigm and argues that transitional justice + cyberjustice hence risks furthering a technocratic top-down approach that unduly limits creative solutions. By adopting a critical legal-pluralistic approach that conceives individuals as law-creative actors and that is cognizant of the close relationship between means and ends, the article imagines ways of benefiting from the promises of transitional justice + cyberjustice.

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Geiß, Robin, and Noëmie Bulinckx. "International and internationalized criminal tribunals: a synopsis." International Review of the Red Cross 88, no. 861 (March 2006): 49–63. http://dx.doi.org/10.1017/s181638310600004x.

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The proliferation of judicial bodies is of particular prevalence in the field of international criminal law, where, despite the creation of an operational International Criminal Court, the political or factual exigencies of different situations have led to the establishment of specific criminal justice systems. The object of this synopsis is to study their variety and to sketch out the differences and similarities between existing international and internationalized criminal tribunals. The complexity and the sheer illimitable amount of information necessitated a condensed and synthesized visualization.

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Christensen, Mikkel Jarle. "Legal Mobilization and the Internationalization of Anticorruption Enforcement." Laws 10, no. 4 (November 18, 2021): 89. http://dx.doi.org/10.3390/laws10040089.

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This article contributes a critical study of efforts to internationalize the investigation and prosecution of corruption. The efforts to internationalize anticorruption enforcement are visible, for instance, in calls for an International Anticorruption Court (IACC) or an Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC). Inspired by a historical sociological perspective, this article investigates mobilizations around these initiatives, how mobilizers frame their engagement, and the ideological context in which they operate. In particular, the article zooms in on elites and how they push for states to internationalize the investigation and prosecution of corruption. This article situates the efforts of these elites in a larger historical context and compares the push to internationalize anticorruption enforcement to earlier legal mobilizations in the field of international criminal justice focused on atrocity crimes.

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STAHN, CARSTEN. "The Geometry of Transitional Justice: Choices of Institutional Design." Leiden Journal of International Law 18, no. 3 (October 2005): 425–66. http://dx.doi.org/10.1017/s0922156505002827.

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Recent years have seen a proliferation of forms of transitional justice, ranging from pure truth and reconciliation formulas to various integrated approaches, combining international or internationalized trials with alternative forms of justice. Many of these phenomena have been examined in individual case studies. However, few attempts have been made to put the various pieces of the puzzle together and to analyze the merits and pitfalls of different institutional choices of transitional justice. This essay seeks to fill this shortcoming. It looks at different institutional designs of transitional justice from a comparative and impact-based perspective. It tries to identify some of the contextual parameters which may contribute to the success or failure of specific formulas of institutional design. Moreover, this contribution seeks to establish that international and domestic models of justice are not contradictory, but interdependent forces in the process of sustainable peacemaking, in areas such as criminal trials, victim's protection and reparation. It argues that transitional justice requires pluralist and complementary approaches, combining parallel mechanisms at the domestic and the international level, in order to succeed in practice, especially after the coming into operation of the International Criminal Court.

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Jordan, Kathleen Casey. "Our “pixel”-ated planet: Using video to internationalize the criminal justice curriculum." Journal of Criminal Justice Education 7, no. 2 (November 1996): 317–27. http://dx.doi.org/10.1080/10511259600096151.

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DEEN-RACSMÁNY, ZSUZSANNA. "Prosecutor v. Taylor: The Status of the Special Court for Sierra Leone and Its Implications for Immunity." Leiden Journal of International Law 18, no. 2 (June 2005): 299–322. http://dx.doi.org/10.1017/s0922156505002657.

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On 31 May 2004, the Appeals Chamber of the Special Court for Sierra Leone ruled in a sweeping but brief decision that the Court had jurisdiction over Charles Ghankay Taylor, President of Liberia at the time of his indictment. The judges reached this conclusion finding that the accused could not invoke immunities ratione personae before this institution, an international criminal court. As this article demonstrates, the Chamber's argumentation lacks specificity and displays confusion over certain issues related to UN law, the law of international institutions and international immunities. The factual outcome is a welcome one, facilitating the prosecution of international crimes. Yet, the Appeals Chamber's approach is regrettable, especially if one considers that the same result could have been reached through less controversial avenues, without endangering the credibility of the Court and thereby the idea of international criminal justice through internationalized criminal courts.

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Wheeler, Caleb H. "Rights in Conflict: The Clash between Abolishing the Death Penalty and Delivering Justice to the Victims." International Criminal Law Review 18, no. 2 (April 17, 2018): 354–75. http://dx.doi.org/10.1163/15718123-01801002.

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The abolition of the death penalty and delivering justice to the victims of atrocity crimes are two dominant international human rights issues. Despite the prominence of both issues, the international human rights community views the abolition of the death penalty as being the more important objective. This is evidenced by the preclusion of the use of the death penalty as a punishment at international and internationalized criminal courts and tribunals despite the fact that some victims have indicated that they can only experience justice following the execution of the perpetrators of the crimes committed against them. This article addresses whether these two goals are in conflict, whether that conflict is intractable and whether it is appropriate to prioritize one objective over the other. Finally, it concludes that these two goals are incompatible, and that the victim’s right to justice must give way in favour of the right to life.

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12

YEE, SIENHO. "Forum Prorogatum Returns to the International Court of Justice." Leiden Journal of International Law 16, no. 4 (December 2003): 701–13. http://dx.doi.org/10.1017/s0922156503001390.

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The ICJ interpreted Article 36(1) of its Statute – more specifically, the phrase ‘all cases which the parties refer to it’ – as permitting it to adopt the doctrine of forum prorogatum as a jurisdictional principle and to adapt this doctrine to the circumstances of international judicial process, as an informal way of founding its jurisdiction over the merits of a dispute. The resort to this doctrine has given rise to some concerns and has not received the general acceptance of states. The Certain Criminal Proceedings in France case marks the successful return of the doctrine to the ICJ and shows that the doctrine is a valuable tool for nationalists seeking to protect national interests and for internationalists seeking to promote the peaceful settlement of international disputes.

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13

Masiero, Anna Francesca. "The Accession of the European Union to the European Convention on Human Rights Four Years after Opinion 2/13: Should We Lose Hope?" European Criminal Law Review 9, no. 2 (2019): 222–50. http://dx.doi.org/10.5771/2193-5505-2019-2-222.

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The accession of the European Union to the European Convention on Human Rights is an issue frequently addressed by (not only internationalist) legal scholars, who stress that it would allow for an optimisation of the level of protection of fundamental rights in the European legal area. After reviewing the historical stages of accession, this paper focuses on the second opinion of the Court of Justice regarding it (Opinion 2/13 of 2014). Therein, accession is presented as an unattainable goal, probably because of the refusal of the Court of Justice to submit to the other European court, the Strasbourg Court of Human Rights. Subsequently, the paper reviews the possible effects of accession on the current legal scenario with special attention to the Italian legal system. Finally, it aims at figuring out how accession could affect criminal matters: in particular, by means of an example concerning the principle of legality, the purpose is to demonstrate how accession could lead to an improvement of the criminal guarantees of the European legal area.

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14

Newton, Michael A. "The Iraqi High Criminal Court: controversy and contributions." International Review of the Red Cross 88, no. 862 (June 2006): 399–425. http://dx.doi.org/10.1017/s1816383106000592.

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The Iraqi High Criminal Court established to prosecute Saddam Hussein and other leading Ba'athists is one of the most visible of the current efforts to establish criminal accountability for violations of international norms. Juxtaposed against other tribunals, the High Criminal Court has provoked worldwide debate over its processes and its prospects for returning societal stability founded on respect for human rights and the rule of law to Iraq. This article explores in detail the legal basis for the formation of the High Criminal Court under the law of occupation. It addresses the relationship between the Iraqi model of prosecuting crimes in domestic fora incorporating international law and the alternative model of transferring jurisdiction to an international forum. The controversial aspects of the Iraqi model are considered, such as the legitimacy of its creation, the revocation of official immunity, the procedural fairness of the Statute in the light of international norms, and the substantive coverage of what some have termed an internationalized domestic process. The author concludes that accountability for international crimes is one of the unifying themes that should bind humanity in common purpose with the Iraqi jurists as they pursue justice in accordance with international norms.

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15

NERLICH, VOLKER. "Daring Diversity – Why There Is Nothing Wrong with ‘Fragmentation’ in International Criminal Procedures." Leiden Journal of International Law 26, no. 4 (September 19, 2013): 777–81. http://dx.doi.org/10.1017/s0922156513000393.

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International criminal law has made impressive strides over the past twenty years. The 1990s and 2000s saw the establishment of ad hoc international criminal tribunals for the former Yugoslavia and for Rwanda (ICTY and ICTR), the coming into being of the permanent International Criminal Court (ICC), and the birth of several internationalized ‘hybrid’ jurisdictions, notably the Special Court for Sierra Leone (SCSL) and the Extraordinary Chambers in the Courts of Cambodia (ECCC). However, the dynamic development of international criminal law into a new branch of public international law has also led to some problems and confusion. The rules and principles developed by the newly founded international criminal tribunals have sometimes seemed at odds with accepted views on public international law more generally – raising fears about the ‘fragmentation’ of the law. Perhaps the best-known example of this is the controversy over the ‘overall-control’ test developed by the ICTY Appeals Chamber in the Tadić case to determine under which circumstances armed forces may be considered to be acting on behalf of a third state, rendering an internal armed conflict international. The Tadić test differed from the ‘effective-control’ test developed by the International Court of Justice (ICJ) in the Nicaragua case and confirmed in the Bosnia Genocide case, where the ICJ specifically rejected the ICTY approach. Also more generally, the discussion on ‘fragmentation’ and international criminal law continues; recently, Elies van Sliedregt set out in these pages her vision of legal pluralism in international criminal law.

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Sinyakin, I. I., and A. Yu Skuratova. "Special Tribunal for Lebanon and progressive development of international criminal law." Law Enforcement Review 5, no. 4 (January 6, 2022): 226–36. http://dx.doi.org/10.52468/2542-1514.2021.5(4).226-236.

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The subject. The article analyses the practice of the Special Tribunal for Lebanon and its Judgement of 18 August 2020, rendered against those found guilty of a terrorist act and the impact on the progressive development of international criminal law.The purpose. This article seeks to define what goal the international community pursued in establishing the Special Tribunal for Lebanon from the perspective of international security law, international criminal justice, and counter-terrorism cooperation. The legal nature of the terrorist attack of 14 October 2005 is essential in this regard: is the crime is comparable in its gravity and consequences to the crimes of genocide or war crimes in the territory of the former Yugoslavia or Rwanda, which predetermined the subsequent establishment of ad hoc international criminal tribunals? Further, was the establishment of the Special Tribunal for Lebanon an attempt to make the crimes of terrorism an international crime in practice? Finally, was the establishment of the Tribunal an attempt to lay the groundwork for a new type of international judicial bodies with jurisdiction over crimes of terrorism? The methodology. The authors use such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods.The main results. The legal qualification and analysis of the circumstances of the terrorist attack do not enable the conclusion that the bomb explosion in Beirut was comparable in danger and consequences to any international crimes or was a threat to international peace and security. In its turn, the involvement of the Security Council in the establishment of the Tribunal does not unequivocally evidence its alleged attempt to create a purely international criminal structure.The choice of applicable law granted to Lebanon and the fact that the crime committed solely affected the interests of that State would qualify the Tribunal as an internationalized judicial body, whose work would focus on defining the crime of terrorism through a broader lens of interpreting national legislation. In other words, the impetus for development has been given not to international but national criminal law.The Tribunal was created neither to progressively develop international criminal law with regard to defining terrorism as an international crime nor to advance the international criminal justice system. Rather, it was an attempt to address Lebanon’s specific political and legal challenges.Conclusions. The outcome of the Tribunal’s work could have a rather negative impact on the development of international criminal law, discrediting the very idea of enabling “peace through justice” and uniform, consistent application and interpretation of international criminal law.

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Sperfeldt, C. "From the Margins of Internationalized Criminal Justice: Lessons Learned at the Extraordinary Chambers in the Courts of Cambodia." Journal of International Criminal Justice 11, no. 5 (November 30, 2013): 1111–37. http://dx.doi.org/10.1093/jicj/mqt069.

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Glahé, Philipp. "The Heidelberg Circle of Jurists and Its Struggle against Allied Jurisdiction: Amnesty-Lobbyism and Impunity-Demands for National Socialist War Criminals (1949–1955)." Journal of the History of International Law / Revue d’histoire du droit international 22, no. 1 (October 30, 2019): 1–44. http://dx.doi.org/10.1163/15718050-12340125.

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Abstract After the Second World War, the Allies began a program of legal prosecution of war criminals who were to be sentenced in fair and public processes. However, these processes soon evoked vivid criticism, and by no means simply from former National Socialists. The Heidelberg Circle of Jurists (‘Heidelberger Juristenkreis’) is an example of a heterogeneous lobby group including victims of National Socialism as well as supporters of this ideology demanding amnesty for German war criminals between 1949 and 1955. Numbering forty high-ranking judges, lawyers, politicians, professors and church representatives, the Circle had access to a vast network and had a considerable impact on Allied and German war-crimes policy. On the basis of new source material, this article examines the Circle’s evolution, its apparently contradictory composition, its argumentation and its aims, by focusing on three of its members, the former minister of justice of the Weimar Republic and legal philosopher Gustav Radbruch, the internationalist Erich Kaufmann and the Nuremberg lawyer Hellmut Becker.

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Turns, David. ""INTERNATIONALIZED" OR AD HOC JUSTICE FOR INTERNATIONAL CRIMINAL LAW IN A TIME OF TRANSITION: THE CASES OF EAST TIMOR, KOSOVO, SIERRA LEONE AND CAMBODIA." Austrian Review of International and European Law Online 6, no. 1 (2003): 123–79. http://dx.doi.org/10.1163/157365101x00047.

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20

"Internationalised criminal trial and access to justice." International Criminal Law Review 2, no. 3 (2002): 237–59. http://dx.doi.org/10.1163/157181202401057187.

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Smailagic, Nedzad. "Diversity of Internationalised Criminal Courts: Fragmentation or Consolidation of International Criminal Justice?" SSRN Electronic Journal, 2019. http://dx.doi.org/10.2139/ssrn.3416063.

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22

Palmer, Nicola, and Tomas Hamilton. "Legal Humility and Perceptions of Power in International Criminal Justice." International Criminal Law Review, November 25, 2022, 1–27. http://dx.doi.org/10.1163/15718123-bja10142.

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Abstract This article examines how judges and lawyers working in international criminal courts see their authority in relation to power exerted by states, international organisations and private actors. We draw together ethnographic research inside the International Criminal Tribunal for Rwanda (ictr) and the International Criminal Court (icc) that examined perceptions of the interactions among local, national and international legal regimes and the potential for accomplice liability for arms traders under international criminal law. Overall, we show that the legal actors in these courts routinely understood their power as severely limited by concurrent sites of private and public authority. Building on ideas of legal humility, we argue that this should be understood as ‘selective humility’. This humility demonstrated a reticence among these legal actors about what internationalised courts can achieve while offering an argumentative defence against critiques of this legal practice.

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Christensen, Mikkel Jarle. "The Borderlands between Punitive and Non-punitive Transitional Justice: Distinct Elites and Diverging Patterns of Import/export." International Journal of Transitional Justice, December 22, 2020. http://dx.doi.org/10.1093/ijtj/ijaa024.

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Abstract∞ Transitional justice consists of different ideals and practices that both coexist and conflict. This article investigates the socio-professional borderlands between punitive and non-punitive transitional justice initiatives by analyzing elites working in either international criminal courts, or truth and reconciliation commissions. While they were marginally linked, the professional practices of these elites were structured by their distinct positions in the larger market of transitional justice. Professionals of international criminal law were tied to international institutions from where they were often on the exporting side of particular internationalized, punitive norms and practices. In contrast, professionals involved with truth and reconciliation were closely connected to states that structured their import/export of internationalized, non-punitive initiatives. Punitive and non-punitive transitional justice was characterized not only by competing ideals and practices, but was embedded in distinct elites whose proximity to or distance from the state structured the circulation of transitional justice ideas and practices.

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Christensen, Mikkel Jarle. "Why lawyers internationalize and police transnationalize: disjointed criminal justice at the border of the state." Crime, Law and Social Change, August 5, 2021. http://dx.doi.org/10.1007/s10611-021-09965-y.

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AbstractThis article investigates the socio-genesis of two different types of criminal justice developed at the border of the state. At this border, the field of international criminal justice was differentiated from the field of transnational criminal justice. The article analyzes how elites of these two fields are characterized by distinct relations to the state that structure their ability to affect criminal justice outside of the national context. These professionals worked in parallel in national systems of justice where they accumulated distinct patterns of expertise and access to the state. On the basis of these socio-professional differences, law and police professionals helped define new criminal justice initiatives at the border of the state that deepened the division between them. The development of international criminal justice was dominated by professionals of law whereas transnational criminal justice was built primarily around police professionals. Societal responses to globalized crime are structured by this disjointed space of criminal justice in which legal and police professionals dominate distinct enforcement initiatives.

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Schack, Marc. "Coercion at the ICC." Journal of International Criminal Justice, October 28, 2020. http://dx.doi.org/10.1093/jicj/mqaa046.

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Abstract Throughout the history of international criminal justice, it has been the source of fierce debate whether institutions like the International Criminal Court (ICC) can prevent atrocity crimes from being committed by putting coercive judicial pressure on potential rule-breakers. Theories and insights drawn from the domestic literature on criminal justice have shaped much of this debate — based on the assumption that international criminal justice is essentially an internationalized version of domestic criminal justice (what I term the ‘domestic origin’ approach). The present article challenges this perspective by pointing out its shortcomings. It suggests that we should instead — or, at least, additionally — treat these international courts and tribunals as sui generis institutions imbedded in the world of international politics. From this perspective we can therefore draw on rationalist approaches to coercive power within the field of International Relations (IR) to analyse these institutions' coercive capacity. Unlike the domestic origin approach, this would allow researchers to draw on existing work on coercive power focusing on scenarios that play out in the kind of setting (major intra- or interstate conflicts) and involve the types of people (leaders of nations, armies and militias) which courts like the ICC were built to deal with.

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Christensen, Mikkel Jarle. "Why lawyers internationalize and police transnationalize: Disjointed criminal justice at the border of the state." SSRN Electronic Journal, 2021. http://dx.doi.org/10.2139/ssrn.3840745.

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Sperfeldt, Christoph, and Rachel Hughes. "The Projectification of Reparation." Journal of Human Rights Practice, December 17, 2020. http://dx.doi.org/10.1093/jhuman/huaa045.

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Abstract There has been increasing use of project-based organization in various areas of human rights practice, including within truth and justice-seeking in the wake of mass atrocities. This article traces the development and deployment of project-based approaches to judicial reparation at the Extraordinary Chambers in the Courts of Cambodia (ECCC), an internationalized (hybrid) criminal tribunal. Drawing on the authors’ many years of close observation in and around the ECCC, it describes and explains how a project-based approach responded to the challenge of ‘moral and collective’ reparation for victims of mass crimes committed by the Khmer Rouge (1975–1979). The article critically examines how development actors nominated, designed and ‘delivered’ so-called ‘reparation projects’. Twenty-four projects were ultimately recognized by the ECCC; key details of these are succinctly tabulated here for the benefit of readers. The article discusses the effects of the projectification of ECCC reparation, including new practices, changed relationships and changed meanings of reparation. It finds that in Cambodia—a state that has experienced decades of international development assistance resulting in the entrenchment of project forms across different fields—the mobilization of new actors and resources has expanded the possibilities for ECCC reparation and provided some benefits to those victims involved. However, a project-based approach also reshaped decision-making and accountability structures underpinning reparation work. The article argues that using ‘projectification’ as an analytical lens expands our capacity to understand how, and with what consequences, global notions of reparation and justice are enacted in different contexts through the coordination and implementation of projects.

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Journal articles on the topic 'Internationalised criminal justice'

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