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Journal articles on the topic 'Office of International Criminal Justice'
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1
Kotecha, Birju. "The International Criminal Court’s Selectivity and Procedural Justice." Journal of International Criminal Justice 18, no. 1 (March 1, 2020): 107–39. http://dx.doi.org/10.1093/jicj/mqaa020.
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Abstract Prosecution selectivity is one of the most intractable dilemmas in international criminal justice. It is of little surprise, then, that the International Criminal Court’s (ICC) selection of cases has long been subject to critical debate. This article contributes to the literature by analysing the ICC’s selection procedure from the perspective of affected communities. Vis-à-vis this target audience, the article critiques the procedure’s effectiveness against a measure of perceived legitimacy. Using a Rawlsian model of imperfect procedural justice, the analysis explains the specific shortcomings of the Office of the Prosecutor’s (OTP) selection procedure in being sufficiently consistent, impartial and representative. In turn, this lack of procedural fairness may reduce the likelihood that the OTP selections are perceived as legitimate within affected communities. More broadly, the article argues that the OTP is unable to reach the ‘fairest’ possible prosecutorial decisions as to situations or cases — culminating in the conclusion that its selection procedure makes a limited (if any) contribution to the Court’s perceived legitimacy. The article triggers reflection on the Court’s relationship with target audiences and concludes by making practical recommendations directed at improving the OTP’s selection procedure.
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Bazov, Olexandr. "Questions of the Legal Status of a Kosovo Specialist Chambers and Specialist Prosecutor’s Office." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 433–40. http://dx.doi.org/10.36695/2219-5521.2.2020.85.
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In the current conditions of the active development of the international criminal justice system from the Nuremberg and TokyoWar Crimes Tribunals, and after – the International Criminal Tribunals for the former Yugoslavia and for Rwanda, international criminaljudicial authorities of the so-called «new wave» or «third generation» are in the field of view of the science of international law, thestudy of the legal and institutional foundations of which represents significant scientific and practical interest.
The legal and institutional foundations of the activities of a Special Court in Kosovo (the name also used to denote the KosovoSpecialist Chambers and Specialist Prosecutor’s Office) in the science of international law, in our opinion, has not sufficiently studied.We believe that this is due both to the fact that this Court, as new type of international criminal justice, was created recently, aswell as to the insignificant and contradictory practice of its judicial activity.Considering the foregoing, the aim of the article is to study the legal and institutional foundations and activities of a Special Courtto investigate war and other international crimes that were committed on the territory of Kosovo and which occupies a special place inthe international criminal justice system, given the specific features of its creation and activities, the formations of its international andnational components.The scientific novelty of the research results is that a comprehensive study of the legal and institutional foundations of the creationand activities of the Court, in Ukraine is being done for the first time.As the same time, during the scientific study, it was taken into account that this Court was created with the active participationof the United Nations, the Council of Europe, the European Union and also individual countries, as well as Kosovo in ordered to pro -secute for the commission of international crimes during the armed conflict in the territory of the former Yugoslavia, the «winners» –the former leaders of the Kosovo Liberation Army (UÇK), who were never prosecuted for their commissions of international crimesduring the activities of the International Criminal Tribunal for the former Yugoslavia (ICTY).
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Ambos, Kai. "Office of the Prosecutor: Policy Paper on Case Selection and Prioritisation (Int'l Crim. Ct.)." International Legal Materials 57, no. 6 (December 2018): 1131–45. http://dx.doi.org/10.1017/ilm.2018.49.
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Given the high number of international crimes, it is practically impossible to prosecute all potential perpetrators at the international level. Impunity gaps at the national level aggravate this situation since they practically turn the International Criminal Court (ICC) into the lone or at least most visible enforcer of international criminal law (ICL). Thus, the Court suffers from a situation and case overload that manifests itself at the level of preliminary examinations conducted by its Office of the Prosecutor (OTP) which, in turn, suffers from “overall basic size and capacity constraints.” This situation leaves the Court/the OTP no other choice than to deliver mere distributive (instead of retributive) criminal justice, where the main challenge is not so much the fair or just delivery of sanctions to individual defendants, but the fair distribution of justice to a selected number of suspects/perpetrators. Against this background the rational and transparent selection and prioritization of situations and cases turns out to be of utmost importance for the success and legitimacy of the Court.
4
Öberg, Jacob. "Guest editorial: EU agencies in transnational criminal enforcement: From a coordinated approach to an integrated EU criminal justice." Maastricht Journal of European and Comparative Law 28, no. 2 (April 2021): 155–63. http://dx.doi.org/10.1177/1023263x211005977.
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The articles in this special issue consider the institutional foundations of the Union’s criminal policy – a highly critical question for the future development of the Area of Freedom, Security and Justice. The ratification of the Lisbon Treaty and the subsequent legal and political developments have entailed an unprecedented reinforcement of the powers of the EU’s criminal justice agencies Europol, Eurojust and, recently, the establishment of a novel criminal justice body – the European Public Prosecutor’s Office. On the basis of the Treaty mandate, the EU legislator has adopted important reforms such as the EPPO Regulation, and new Europol and Eurojust regulations. In light of these developments, this special issue explores via a multi-disciplinary investigation the extent to which the increased competences of the EU and the stronger presence of EU criminal justice agencies have transformed EU criminal law from an ‘intergovernmental’ regime to a ‘supranational’ and ‘integrated’ framework. We expect that this special issue will enhance further debate on EU criminal justice agencies, encourage novel paths to bridge the boundaries between disciplinary epistemic communities in the study of EU criminal justice and more broadly contribute to an advanced understanding of the role of law in social and political integration.
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WERNER, WOUTER G. "Justice on Screen – A Study of Four Documentary Films on the International Criminal Court." Leiden Journal of International Law 29, no. 4 (November 2, 2016): 1043–60. http://dx.doi.org/10.1017/s0922156516000492.
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AbstractIn the past ten years or so, several documentaries on international criminal justice have been produced, shown at film festivals, and used for advocacy and educational purposes. On some occasions, artists, humanitarian organizations, and the Office of the Prosecutor of the International Criminal Court (ICC) have worked closely together in the production of documentary films. Documentaries have thus become important tools for education and the spread of imageries of international criminal justice. So far, however, international legal scholars have largely shied away from researching cinematic representations of their field. In this article, I seek to remedy this by focusing on a family of four recent influential documentaries related to the ICC: The Reckoning, The Court, Prosecutor, and Watchers of the Sky. All four use similar modes of representation, narration and promotion and basically communicate the same message about the Court. My article critically analyzes how such artistic interventions have helped create specific images, stories, and sentiments.
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Fyfe, Shannon. "The Office of the Prosecutor: Seeking Justice or Serving Global Imperialism?" International Criminal Law Review 18, no. 6 (November 19, 2018): 988–1014. http://dx.doi.org/10.1163/15718123-01806005.
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The international criminal courts and tribunals, especially the icc, have been strongly criticized for their susceptibility to political influence. Some have argued that the icc has a distinctly Western bias and is participating in a new kind of imperialism in Africa. Others argue that history and the complicity of the West should disqualify the international community from demanding the prosecution of individuals participating in conflicts resulting directly from colonialism. Many have focused on the nature of the creation of the judicial bodies and the inherent political nature of judicial decisions regarding whom to prosecute. In this article, I offer a normative defense of the icc, in which I acknowledge the icc’s structural protections against impermissible political influence, along with the vulnerabilities of the Chief Prosecutor to claims of distributive and substantive injustice.
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Giannini Figueira, Luisa, Roberto Vilchez Yamato, and Claudia Alvarenga Marconi. "Ruling through the International Criminal Court’s rules." Carta Internacional 14, no. 1 (May 21, 2019): 177–201. http://dx.doi.org/10.21530/ci.v14n1.2019.841.
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This article investigates sovereign (in)equality as a phenomenon that is manifested in thedifferent levels of international institutions. The analysis is developed from the process againstOmar Al Bashir, Sudan’s President-in-Office, at the International Criminal Court. Consideringthat norms and rules have a social role in the multiple relations existing between agents andstructures, that is, they transform relations in the international system, the article investigates the dispositions and principles present within the scope of the International Criminal Courtthat authorize a discrimination between States. This distinction implies the imposition ofinternational rules for some actors and the maintenance of certain sovereign prerogativesfor others. More specifically, international criminal justice is characterized by selectivityin judgments, as some countries are given certain authority over the regime. In this sense,it is argued that the sovereign (in)equality that is present in international criminal law issimultaneously a manifestation and condition of possibility for the hierarchy in the social,and therefore institutional normative, and political architecture of the international system.It is argued that the presence of this sovereign (in)equality can be identified at the differentlevels of the institutions of international society, insofar as they influence one another.
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Hodgson, Jacqueline. "Suspects, Defendants and Victims in the French Criminal Process: The Context of Recent Reform." International and Comparative Law Quarterly 51, no. 4 (October 2002): 781–815. http://dx.doi.org/10.1093/iclq/51.4.781.
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The recent reform adopted by the French Parliament, the Loi of 15 June 2000, touches upon a wide range of matters from investigation and detention through to trial and appeal, all within a project designed to ‘reinforce the presumption of innocence and the rights of victims’.1 It is part of a broader reform package which originally included strengthening the independence of the procureur2 from the hierarchical control of the Minister of Justice and changing the way in which magistrats3 are selected,4 together with the measures already enacted in June of 1999 to simplify and clarify aspects of criminal procedure and to reduce delay.5 A large part of the June 2000 reform seeks to strengthen the rights of the accused and the safeguards designed to ensure her proper treatment at all stages of the criminal process. Such rhetoric and aspirations stand in contrast to the Home Office and government discourse to which we have become accustomed on this side of the Channel, a discourse dominated by macho language expressing a desire to ‘get tough’ and ‘crackdown’ on crime and presumed criminals.6 Against the backdrop of almost mandatory defence disclosure and the curtailment of the right to silence in this jurisdiction, provisions which strengthen the rights of the accused and provide her with more information about the case against her together with greater opportunities to influence the pre-trial investigation, will make English criminal justice scholars nostalgic for a time when the rights of the accused were seen as something other than ‘a criminal's charter’.
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Shepitko, Mykhaylo. "Criminal Legislation Trends in Ukraine (Evidence From Crimes Against Justice)." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 2 (June 27, 2020): 131–41. http://dx.doi.org/10.37635/jnalsu.27(2).2020.131-141.
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The paper investigates the development of criminal legislation of Ukraine as exemplified in crimes against justice. To this end, the author approached the study of criminal law through the analysis of its development in the globalised world and in Ukraine. In this context, it is proposed to refer to criminal legislation as globalisational and to codification – as unified. This is caused by the rapprochement of countries in the world through the implementation of conventions and other international regulations and, consequently, the harmonisation of criminal legislation. In historical retrospect, the author constructed a historical map of crimes, misdemeanours, and offences against justice inherent in the criminal legislation of Ukraine in the 11th-20th centuries (based on the stage and initial possibility of their commission). It was determined that certain trends of establishing criminal liability for commission of criminal offences in justice will affect the development of crimes against justice: 1) implementation of international regulations; 2) ensuring the protection of the activities of international courts whose jurisdiction is recognised by Ukraine; 3) establishment of a system of criminal offences against justice through their division into groups in the structure of the corresponding section (division of the section into chapters). Such groups may be: 1) criminal offences in administration of justice; 2) criminal offences in enforcement of justice; 3) criminal offences in support of enforcement of justice. The use of these approaches allowed to develop the prospects of criminal legislation on crimes and misdemeanours against justice. Emphasis is placed on the fact that criminal offences (crimes) against justice are such acts that significantly differ in the severity of the offence, their social danger, and therefore the division of these criminal offences into crimes and misdemeanours should affect the procedural features of bringing the respective perpetrators to criminal responsibility
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DE SOUZA DIAS, TALITA. "‘Interests of justice’: Defining the scope of Prosecutorial discretion in Article 53(1)(c) and (2)(c) of the Rome Statute of the International Criminal Court." Leiden Journal of International Law 30, no. 3 (April 26, 2017): 731–51. http://dx.doi.org/10.1017/s092215651700022x.
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AbstractThe International Criminal Court (ICC) was established with the aim of prosecuting individuals for the gravest crimes of concern to the international community. Yet some provisions of its Statute (the Rome Statute) recognize the need for temporarily setting aside criminal investigations or prosecutions in favour of different considerations. Two of these provisions are Article 53(1)(c) and (2)(c) of the Statute. They allow the Prosecutor of the Court to use his or her discretion in deciding not to initiate an investigation or a prosecution in the ‘interests of justice’. Nonetheless, the ambiguity of this phrase, coupled with an absent definition, have given rise to a polarized debate about its meaning and the Prosecutor's ensuing margin of discretion: some consider matters of peace and security and alternative justice mechanisms as possible ‘interests of justice’, while others exclude them. Among those adopting the latter view is the ICC's Office of the Prosecutor (OTP), as can be inferred from a 2007 Policy Paper on the Interests of Justice and a 2013 Policy Paper on Preliminary Examinations, which continue to be upheld by the Office. Against this backdrop and amid new developments at the ICC which call into question the OTP's position, the purpose of this article is to develop a comprehensive interpretation of Article 53(1)(c) and (2)(c) of the Rome Statute, using all the interpretative tools provided by Articles 31 to 33 of the Vienna Convention on the Law of Treaties.
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Caine, Philip. "The International Criminal Tribunal for the Former Yugoslavia: Planners and Instigators or Foot Soldiers?" International Journal of Police Science & Management 11, no. 3 (September 2009): 345–57. http://dx.doi.org/10.1350/ijps.2009.11.3.137.
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The International Military Tribunal at Nuremberg prosecuted the most infamous criminals of the Nazi regime whereas the International Criminal Tribunal for the Former Yugoslavia (ICTY) has brought to trial only two of the ‘big guns' of the Balkans conflicts. The aim of this study is to assess the effectiveness of the ICTY in fulfilling its mandate to prosecute those most responsible for serious violations of international humanitarian law committed during the conflicts of the Former Yugoslavia. The research combines a literature-based assessment of the ICTY together with focused interviews of the main decision-makers in the Office of the Prosecutor, and seeks to assess the factors involved in the initiation of investigations and the selection of individuals for indictment. The independence and autonomy of the Prosecutor is identified as one of the most significant factors in the selection of indictees, but whilst the highest ranking individuals were always the main targets for indictment by the Office of the Prosecutor, the findings suggest that a weak mandate, inadequate resources and indifference by the international community forced the hand of the Prosecutor into indicting lower level suspects. Further ad hoc tribunals are planned by the United Nations and the lessons learned from the experience of the ICTY are essential if they are to administer international justice effectively.
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Hagan, John, Ron Levi, and Gabrielle Ferrales. "Swaying the Hand of Justice: The Internal and External Dynamics of Regime Change at the International Criminal Tribunal for the Former Yugoslavia." Law & Social Inquiry 31, no. 03 (2006): 585–616. http://dx.doi.org/10.1111/j.1747-4469.2006.00023.x.
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This article develops a conflict approach for studying the field of international criminal law. Focusing on the International Criminal Tribunal for the Former Yugoslavia, we draw on Burawoy's (2003 ) elaboration of reflexive ethnography to determine how external political changes affect the work of an international legal institution. We explore how political frameworks of legal liberalism, ad hoc legalism, and legal exceptionalism result in internal office, organizational, and normative changes within this Tribunal, thereby linking national political transformations with the construction of the global. Drawing on rolling field interviews and a two-wave panel survey, we conclude that the claims to universals that underwrite transnational legal fields cannot be understood solely through an analysis of external political forces, but must be combined with attention to how these are refracted through internal organizational change within international institutions.
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Yang, Xiaodong. "IMMUNITY FOR INTERNATIONAL CRIMES: A REAFFIRMATION OF TRADITIONAL DOCTRINE." Cambridge Law Journal 61, no. 2 (June 24, 2002): 239–94. http://dx.doi.org/10.1017/s0008197302221601.
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InArrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium), decided on 14 February 2002, the International Court of Justice held that an incumbent Minister for Foreign Affairs was immune from criminal proceedings before a foreign domestic court, even if the charges involved crimes against humanity. Human rights advocates might well regard this decision as a serious setback. Decided against a widespread euphoria brought forth by, and largely due to a neglect of an important dictum in, the historic holding in Pinochet No. 3 [2000] 1 A.C. 147, the case serves further to clarify a crucial point of State immunity in current international law. The Pinochet case dealt with the immunity of a former, as opposed to a serving, Head of State. While the majority of the Law Lords only mentioned in passing that the immunity enjoyed by a serving Head of State ratione personae was absolute, the International Court of Justice stated, in unambiguous language, that: … in international law it is firmly established that, as also diplomatic and consular agents, certain holders of high-ranking office in a State, such as the Head of State, Head of Government and Minister for Foreign Affairs, enjoy immunities from jurisdiction in other States, both civil and criminal.
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Somos, Mark, and Morgan Gostwyck-Lewis. "A New Architecture of Justice: Dan Kiley’s Design for the Nuremberg Trials." Journal of the History of International Law / Revue d'histoire du droit international 21, no. 1 (May 30, 2019): 104–39. http://dx.doi.org/10.1163/15718050-12340104.
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Abstract Courtroom 600 in the Nuremberg Palace of Justice is one of the most iconic sites in the history of international criminal law. Yet the extensive literature on Courtroom 600 neglects the original 1945 drawings by the architect Dan Kiley, now in the archives of the Harvard Design School. This article revises our understanding of Courtroom 600 in light of these drawings. Among other findings it argues that Kiley, rather than Jackson or the Office of Strategic Services, was the main source of design decisions; that the secondary literature overemphasises film at the expense of architecture; and that the design of both Courtroom 600 and the entire reconstruction of the Palace of Justice offer valuable insights into this key moment in the history of international law.
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Chornous, Yu М., and М. М. Shykoriak. "INITIAL STAGE PECULIARITIES OF INVESTIGATION OF CRIMES COMMITTED BY FOREIGNERS." Theory and Practice of Forensic Science and Criminalistics 18 (December 26, 2018): 44–52. http://dx.doi.org/10.32353/khrife.2018.05.
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This article is aimed to formulate theoretical background and practical recommendations related to initial stage peculiarities of investigation of crimes committed by foreigners. Authors systematized the legislative acts defining key legal and organizational peculiarities of investigation of crimes committed by foreigners. Special attention is paid to Ukrainian international agreements with its provisions related to human rights and freedoms; international agreements defining the legal status of foreigners with immunity in terms of Ukrainian criminal jurisdiction; Ukrainian legislative acts defining the foreigners’ legal status and peculiarities of relevant criminal proceedings. It is noted that set of measures for foreigner’s legal status check along with grounds for his/her temporary residence within the territory of Ukraine must include submission of requests to competent agencies (Ministry of Foreign Affairs of Ukraine, Ministry of Justice of Ukraine, Prosecutor-General’s Office, State Border Guard Service of Ukraine). Initial stage of investigation of crimes committed by foreigners is aimed at detection of circumstances defined by Article 91 of Criminal Procedure Code of Ukraine. Their list is not exhaustive and during the investigation, it is necessary to additionally identity the circumstances that characterize: identity of the criminal alien and offense group nature; legal status of the foreigner; mechanism of criminal activity; international relations of criminals etc. Initial stage of investigation of crimes committed by foreigners sets task to find solution for specific issues related to identification of all persons involved in criminal activity (criminal network); high level of criminals’ awareness and preparedness, presence plans of action in various situations; necessity to ensure interoperability with other competent agencies, involvement of Interpol and Europol, initiatives in the framework of international cooperation etc. Typical investigative situations this stage of investigation are presented: availability of data on crime commission by foreigners (perpetrators are not identified); accumulation of orientating information concerning foreigners who have committed crimes; there is an information on fulfilment of crimes by concrete foreigners which proves by collected evidence or their arrest at crime scene.
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KOTECHA, BIRJU. "The Art of Rhetoric: Perceptions of the International Criminal Court and Legalism." Leiden Journal of International Law 31, no. 4 (September 19, 2018): 939–62. http://dx.doi.org/10.1017/s0922156518000419.
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AbstractPerceptions of the International Criminal Court have undergone a deep malaise, particularly on the African continent. The frequent target of these perceptions is the Court’s Office of the Prosecutor; its prosecutorial selections have generated the most trenchant criticism of bias. These perceptions, often amplified by political elites and hostile media coverage, risk damaging the Court’s perceived legitimacy among its most essential audience: affected communities. These communities are crucial to the achievement of the Court’s goals, and are those within which justice must be seen to be done. In this light, this article conducts an analysis of the Office’s rhetoric and its ability to persuade affected communities that the Court is politically independent. The article outlines how the Office’s public communications express a key message of legalism; a belief in technical rule-compliance and in law’s superiority to politics. Using a classic Aristotelian framework, I argue that legalism lacks persuasiveness; it makes a weak appeal to the Prosecutor’s reputation, has a limited appeal in eliciting emotional support, and, is not a sufficiently logical explanation of the Court’s independence. In summary, legalism is a weak tactic of legitimation and a well-worn progress narrative. The article’s analysis has implications for other international institutions and the rhetoric they adopt to legitimate their independence. More specifically, the article concludes with recommendations that can help the Office reflect on its rhetoric and thus, develop a meaningful dialogue to those comm unities that are the Court’s raison d’être.
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Martin-Ortega, Olga. "Prosecuting War Crimes at Home: Lessons from the War Crimes Chamber in the State Court of Bosnia and Herzegovina." International Criminal Law Review 12, no. 4 (2012): 589–628. http://dx.doi.org/10.1163/15718123-01204006.
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The development of an international criminal system to provide justice for international crimes must be complemented by national processes of prosecution and adjudication. In order to guarantee international standards of justice it is necessary to support national efforts of accountability by creating infrastructure and capacity in those countries where the atrocities took place. The War Crimes Chambers of the State Court of Bosnia and Herzegovina, and its accompanying Special Department for War Crimes of the Prosecutor's Office, represent one of the most salient examples of these complementary efforts. In their six years of existence these institutions have accumulated a solid record of prosecutions, developed a considerable practice and established themselves solidly within the Bosnian judicial system and the international network of hybrid and national tribunals. This article considers these years of practice and the lessons that can be learnt for future national processes of prosecution of mass atrocity after conflict.
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Rodman, Kenneth A. "Why the ICC Should Operate Within Peace Processes." Ethics & International Affairs 26, no. 1 (2012): 59–71. http://dx.doi.org/10.1017/s0892679412000020.
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Is it ethical for the prosecutor at the International Criminal Court (ICC) to consider political factors, such as peace processes, in selecting situations to investigate or cases to prosecute? During the early years of the court, a number of documents and statements from the Office of the Prosecutor (OTP) suggested that there were occasions when it was. Two OTP policy papers issued in 2003 recommended that the prosecutor assess “all circumstances prevailing in the country or region concerned, including the nature and stage of the conflict and any intervention by the international community,” and whether prosecution might “exacerbate or otherwise destabilize a conflict situation.” In the same spirit, the ICC's chief prosecutor, Luis Moreno-Ocampo, referred to his decision-making as a “dialogue between many actors” with a “strategic dimension . . . [that] involves all stakeholders.” This language suggested a process of consultation and coordination with local and international actors involved in conflict resolution to adapt international criminal justice to on-the-ground political realities.
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Lapkin, Andrii. "The Role of the Prosecutor's Office in Crime Counteraction Under the Legislation of Ukraine." Russian Journal of Criminology 14, no. 2 (April 30, 2020): 327–37. http://dx.doi.org/10.17150/2500-4255.2020.14(2).327-337.
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The effectiveness of crime counteraction in modern conditions greatly depends on the functioning of the corresponding institutional mechanism, where the prosecutors office has an important part. Using the analysis of international documents and the experience of a number of countries, the author shows that the common international standard for the function of the prosecutors office in the criminal law sphere is to give it a priority role in suppressing crime, and to define this role in a more or less broad way at the national level. The author researches the Ukrainian model of the functions performed by the prosecutors office where this body is mainly involved in criminal proceedings, which makes it possible to identify crime counteraction as the key task of the prosecutors office. The author also examines the progress and the result of the prosecutors office reforms in Ukraine in view of the changes in the functions of this body in the sphere of crime counteraction. The functions of the prosecutors office are analyzed from the standpoint of their importance for suppressing crime based on the research of legislation, analytical and statistical data. The author shows that the key tasks (directions) of crime counteraction (identifying and eliminating the causes and conditions for committing crimes; identifying, suppressing and investigating crimes; prosecution of perpetrators; compensation of damage inflicted by crimes) fully correlate with the functions of the Ukrainian prosecutors office. The function of procedural supervision of the pre-trial investigation allows the prosecutors office to influence the identification, suppression and investigation of crimes; the function of the support of public prosecution in court makes it possible to criminally prosecute persons guilty of crimes; the function of representation allows the prosecutors office to compensate the state for the damage inflicted by crimes. Special attention is paid to the prosecutors coordination of the work of law enforcement bodies on counteracting corruption. Although it has lost its status as a separate function of the prosecutors office under Ukrainian legislation, it still has key importance for the work of different law enforcement bodies aimed at suppressing crimes in their different forms. The author conducts a comparative legal study of the regulation of coordination activities of the prosecutors office in Ukraine and in other countries, as well as the prospects of establishing the European Prosecutors Office; based on this study, the author concludes that the definition of the prosecutors office as the coordination center of the system of criminal justice aimed at counteracting corruption is a widely recognized global trend. The author also presents suggestions on improving the effectiveness of the coordination activities of the prosecutors office and of its other functions aimed at counteracting crimes.
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Bosco, David. "Putting the Prosecutor on a Clock? Responding to Variance in the Length of Preliminary Examinations." AJIL Unbound 112 (2018): 158–62. http://dx.doi.org/10.1017/aju.2018.53.
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One of the unique challenges that the International Criminal Court's (ICC's) Office of the Prosecutor (OTP) faces is deciding when and where to launch investigations. It is a task that other international prosecutors have not confronted. Their investigative “situations” were selected in advance, leaving those prosecutors free to focus on the myriad other challenges any international justice enterprise faces. The ICC prosecutor's ability to define her own investigative situations (within the limits of jurisdiction) is both a boon and a burden. On the one hand, it accords the OTP the freedom to select the situations it deems most serious and worthy of international attention. Yet this discretion can also generate intense strain for the prosecutor of a still novel and fragile institution.
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Durán, Robert J. "NO JUSTICE, NO PEACE." Du Bois Review: Social Science Research on Race 13, no. 1 (2016): 61–83. http://dx.doi.org/10.1017/s1742058x16000059.
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AbstractThis article provides a thematic overview of a subset of controversial officer involved shootings that have occurred in Denver, Colorado during a period of thirty years (1983-2012). Determining whether a shooting was legally justified involved multiple participants, including local, national, and international representatives. The primary stakeholders were City and County District Attorneys regarding whether to file criminal charges against the officer, and Managers of Safety for whether officers acted within police departmental policy. Although most cases were processed without conflict, a small number were challenged by members of the community based on thematic reasons of shooting individuals who had not committed a crime, violating continuum of force standards, and entrusting law enforcement officers with the power to use deadly force both off-duty and while working secondary jobs. Despite outcome legitimacy vested in a small number of public officials, community members often reported a lack of justice and accountability. They struggled to get public officials to take notice and implement systematic change. Reviewing controversial shootings highlights the multiple issues involved in protecting law enforcement officers from encountering criminal charges, and in essence the procurement of colonial control. Critical Race Theory (interest convergence and storytelling), Social Dominance Theory, along with the historical framework of W. E. B. Du Bois, were utilized to explore a number of officer-involved shootings that continue to produce disparate outcomes by race, class, and gender.
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Attila Hoare, Marko. "Bosnia-Hercegovina and International Justice." East European Politics and Societies: and Cultures 24, no. 2 (March 8, 2010): 191–205. http://dx.doi.org/10.1177/0888325409356462.
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Three different international courts have determined that genocide took place in Bosnia-Hercegovina in 1992-1995: the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Court of Justice (ICJ), and the European Court of Human Rights (ECHR). Yet paradoxically, there has been virtually no punishment of this genocide, while the punishment of lesser war crimes of the Bosnian war has been very limited. The ICTY has convicted only one individual, a lowly deputy corps commander, of a genocide-related offence. The ICJ acquitted Serbia, the state that planned and launched the assault upon Bosnia-Hercegovina in 1992, of genocide and related offences, finding it guilty only of failure to prevent and punish genocide. Although Serb forces were responsible for the overwhelming majority of war crimes, the ICTY prosecution has disproportionately targeted non-Serbs in its indictments and, among Serbs, has disproportionately targeted Bosnian Serbs, with no official of Serbia or Yugoslavia yet convicted of war crimes in Bosnia. This article argues that the meagre results of the international judicial processes vis-à-vis the crimes of the Bosnian war must be sought in the structural failings, poor decision making, and political influences that affected the international courts. It argues that the international courts have failed either to deliver justice to the victims of the war crimes or to promote reconciliation among the peoples of the former Yugoslavia and suggests measures that could be taken to rectify the situation.
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Zangeneh, Parisa. "‘The Gloves Came Off’: Torture and the United States after September 11, 2001." International Human Rights Law Review 2, no. 1 (2013): 82–119. http://dx.doi.org/10.1163/22131035-00201003.
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This article examines the use of ‘enhanced interrogation techniques’ in the context of international legal obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (CAT) and the domestic implementation of the international prohibition of torture into United States (US) law under 18 United States Code Sections 2340-2340A. The legal basis for the interrogation programme was a series of contentious legal memoranda written by Department of Justice Office of Legal Counsel lawyers.1 This article examines whether the memo drafters ought to be investigated for incurring criminal liability for the consequences of their memoranda, namely under CAT and Sections 2340-2340A and what has unfolded under President Obama’s administration.
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Wade, Marianne L. "The EPPO and the pitfalls of actuarial justice." Maastricht Journal of European and Comparative Law 28, no. 2 (April 2021): 265–80. http://dx.doi.org/10.1177/1023263x211006516.
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The article offers a critique of the current structure of the EPPO from a victim rights perspective. It observes that the creation of the EPPO revolutionizes the institutional set-up of EU criminal justice by creating a supranational body to address the enforcement gaps identified in the protection of the financial interests of the EU. Unsurprisingly, this breakthrough has met with resistance from the Member States, which have directed their scepticism into the structural, procedural and substantive provisions for this new office. By consequently tying the EPPO to national law in a plethora of instances, they have created a body which primarily addresses serious financial crimes within the framework of domestic criminal justice systems. However, these approaches are, in turn, heavily marked by a pragmatic concept of actuarial justice, with negotiation and plea-bargaining as the dominant practices across Europe. Article 40 of the EPPO Regulation ensures that there is scope for such practice to be adopted for cases falling within the EPPO’s competence. Highlighting the problems associated with prosecutorial deal-making, the article reflects upon the appropriateness of adopting such practice for the EPPO. It tentatively argues that a more honest recognition of the supranational nature of the EPPO (also reflected in its procedural rules) and of the type of victimization it seeks to address, might have instigated a productive dialogue ensuring the EPPO’s work is framed with reference to serving a community and securing victim protection. Above all, this would have constituted a significant step towards ensuring that the EPPO’s work is legitimate and perceived as such by the EU citizens it seeks to serve and protect from victimization.
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Kaushik, Parv. "Judicial Review under Article 15 of the Rome Statute and the ‘Interests of Justice’." Journal of International Criminal Justice 18, no. 5 (November 1, 2020): 1157–84. http://dx.doi.org/10.1093/jicj/mqab012.
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Abstract The Office of the Prosecutor’s preliminary examination into the Situation in Afghanistan came to an end with the Appeals Chamber approving its request for authorization of an investigation. In doing so it overturned the decision of the Pre-Trial Chamber, which for the first time in the International Criminal Court’s history had invoked the criterion of ‘interests of justice’ to deny the request. Both decisions raised questions as to the scope of review of the Pre-Trial Chamber under Article 15 and its relationship with Article 53 of the Rome Statute. This article delves into some of these questions. First, it looks into whether the Appeals Chamber was correct to hold that the Pre-Trial Chamber is not supposed to review the factors under Article 53(1). It answers this question in the negative, arguing that the Appeals Chamber’s decision goes against the text of the Rome Statute, and the International Criminal Court’s past practice. Secondly, it analyses whether the Pre-Trial Chamber can assess whether or not an investigation serves the ‘interests of justice’, even if the Prosecutor has not made an explicit finding in this regard. It argues that the context and purpose of Article 15 envisages a genuine and meaningful examination of the Prosecutor’s request, which includes the ability to evaluate, suo motu, the applicability of the ‘interests of justice’ criterion. Lastly, the article addresses whether the factors that were considered by the Pre-Trial Chamber in its Afghanistan Article 15 Decision were suited to its judicial role. It proposes a methodology for the Pre-Trial Chambers to adopt while exercising their powers under Article 15, which allows for both prosecutorial discretion and a meaningful judicial review. The article attempts to put forth a renewed understanding of the Rome Statute and argues that the Pre-Trial Chamber has a wider power of review under Article 15 than has been hitherto exercised, which, if exercised reasonably, can further the cause of international criminal justice.
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Bikundo, Edwin. "Carl Schmitt as a Subject and Object of International Criminal Law: Ethical Judgment in Extremis." International Criminal Law Review 16, no. 2 (February 17, 2016): 216–36. http://dx.doi.org/10.1163/15718123-01602003.
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Since the Nuremberg trials in the ‘Justice case’ (United States v. Josef Alstötter, et al.) lawyers utilising the emptied forms of legal process to commit international crimes have been legally punishable. This self-reflexive approach to law by law distinguishes legal and illegal – ‘real’ law and ‘simulated’ law. Why then was the ‘Nazi crown jurist’ Carl Schmitt not prosecuted? Aspects of his work expressed avowedly anti-Semitic sentiments while some of his intellectual concepts could be deployed to support National Socialist territorial expansion or Lebensraum. This illustrates the difficulties of judging ethical behaviour in extreme situations where definitions of the legal/illegal are themselves disputed. Schmitt’s life and work (the two are inseparable as his lifework) cross both legal and prescriptive ethics and are consequently more of a meta-ethical dilemma. The law resolves this meta-ethical dilemma through introducing a split in the legal subject between the office they hold and their person.
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Muhammad, Ali. "THE RESTORATIVE JUSTICE APPROACH TO THE IMPLEMENTATION OF CHILDREN'S CRIMINAL JUSTICE SYSTEM IN INDONESIA." Jurnal Ilmiah Kajian Keimigrasian 1, no. 2 (November 24, 2018): 189–98. http://dx.doi.org/10.52617/jikk.v1i2.32.
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Since the enactment of Law No. 11 of 2012 concerning the Criminal Justice System for Children in Indonesia needs to be sought immediately for Law Enforcement Officials (APH) who do not understand and know about the obligation to adopt a Restorative justice approach in the implementation of the Child Criminal Justice System. The norm that regulates the obligation to approach restorative justice in the handling of Children dealing with the Law (ABH) contained in article 5 paragraph 1 of the Child Criminal Justice System Law and this Law has also adopted the International instrument of the Convention on the Rights of the Child (CRC) ratified by the government of the Republic of Indonesia with a Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are certainly in line with the Constitution 1945 concerning the purpose of the country which was wrong was to realize social justice and promote public welfare. This restorative justice approach certainly has the same spirit as the ideological values of Pancasila, politics, and the Indonesian national socio-culture which prioritizes solutions through deliberation to reach consensus so that this restorative justice approach is also one of legal reforms that elevates the values of local wisdom from the Nation Indonesia. The conceptual approach and the approach to legislation (the statue approach) are the approaches used in this study and maximize the implementation of the implementation of restorative justice in every handling of children facing the law (ABH) at each stage of the investigation, prosecution and trial. research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every Handling of ABH.
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Wijenayake, Vishakha. "The Office on Missing Persons in Sri Lanka: The importance of a primarily humanitarian mandate." International Review of the Red Cross 99, no. 905 (August 2017): 641–62. http://dx.doi.org/10.1017/s1816383118000565.
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AbstractThis article attempts to situate the Office on Missing Persons (OMP) in Sri Lanka in relation to varying approaches to mechanisms for searching for the missing. In particular, the article examines the possible tensions between a humanitarian and an accountability-based mandate and supports the position of the International Committee of the Red Cross that these two approaches can in fact be complementary in nature. It goes on to contend that the OMP's mandate is primarily humanitarian rather than exclusively humanitarian, and analyzes how this distinction may impact possible criminal prosecutions. It emphasizes the importance of preserving the humanitarian character of the OMP with the objective of ensuring that the victims’ rights are at the centre of transitional justice processes.
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STAHN, CARSTEN. "Perspectives on Katanga: An Introduction." Leiden Journal of International Law 23, no. 2 (April 27, 2010): 311–18. http://dx.doi.org/10.1017/s092215651000004x.
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The principle of complementarity is one the cardinal features of the architecture of the Rome Statute. Complementarity provides not only a forum to advocate overlapping competencies and litigate jurisdictional disputes over admissibility (e.g. Articles 17 and 19), but marks the foundation of the Statute as a multidimensional system of justice (e.g. Preamble, Article 1). This topic has been a focus of attention of the Court since its very inception. When taking office, the Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo, qualified complementarity as one of the key factors for the successful operation of the Court, noting that ‘the absence of trials led by [the] Court as a consequence of the regular functioning of national institutions would be a major success’. As of 2003, the Office of the Prosecutor (OTP) has developed guidelines and principles on complementarity in order to clarify its theoretical underpinnings and operational features.
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Muharremi, Robert. "The Kosovo Specialist Chambers from a Political Realism Perspective." International Journal of Transitional Justice 13, no. 2 (February 13, 2019): 290–309. http://dx.doi.org/10.1093/ijtj/ijz002.
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Abstract∞ This article complements current legal research on the Kosovo Specialist Chambers and the Specialist Prosecutor’s Office – the ‘Special Court’ – by tracing the political process and the interests which influenced the court’s establishment. A key question is why the Special Court was established at all and why it was established as a national court, despite being under full international control. Political realism provides a useful theoretical framework to discuss these questions since it claims that international criminal tribunals are established to serve the interests of powerful states and not necessarily to provide international justice. The article’s main hypothesis is that the Special Court was created as a national court not only to address war crimes and prosecute the perpetrators of those crimes, but also to protect international actors from possible legal exposure in connection with their involvement in Kosovo during the time when the alleged crimes were committed.
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KOPYLOVA, EKATERINA A. "International legal immunities and privileges of the Рrosecutor amicus curiae." Public Administration 22, no. 3 (2020): 55–63. http://dx.doi.org/10.22394/2070-8378-2020-22-3-55-63.
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The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.
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Oriolo, Anna. "The ‘Inherent Power’ of Judges: An Ethical Yardstick to Assess Prosecutorial Conduct at the icc." International Criminal Law Review 16, no. 2 (February 17, 2016): 304–22. http://dx.doi.org/10.1163/15718123-01602004.
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Although the Code of Conduct for the Office of the Prosecutor (otp) of the International Criminal Court (icc) that entered into force in 2013 unquestionably provided a more comprehensive set of ethical standards for all members of the Office (both staff members and elected officials), it does not fully meet the current needs to balance the powers and faculties of the Prosecutor in compliance with fair trial principles, the credibility of the Court and the sound administration of justice. Notwithstanding the adoption of the Code, a controversial prosecutorial action in the Bemba et al. case led to a request to disqualify the entire staff of the otp. This paper takes the opportunity to remark on the ethical standards applicable to icc prosecution lawyers and specifically the role of icc judges as the ‘ultimate guardian of a fair and expeditious trial’ in outlining the criteria to assess the conduct, good standing and professionalism of the otp.
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Topchiy, Vasyl, Maksym Zabarniy, and Nataliya Lugina. "APPLICATION OF THE METHOD OF SWOT-ANALYSIS AS A MEANS OF STRATEGIC PLANNING DURING THE INVESTIGATION OF CRIMINAL CASES IN THE FIELD OF ECONOMICS IN BORDERS." Baltic Journal of Economic Studies 6, no. 3 (August 5, 2020): 166–70. http://dx.doi.org/10.30525/2256-0742/2020-6-3-166-170.
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A cooperation between states in criminal cases is carried out in order to achieve the goals of justice and may exist at the stage of pre-trial investigation, trial, as well as after the entry into force of a court decision (sentence, ruling). Forms of international cooperation in the investigation of criminal cases are quite diverse. The main ones are: providing legal assistance, which consists in carrying out procedural actions, because during the investigation and trial of criminal cases there is often a need to gather evidence abroad by questioning defendants, victims, witnesses, experts, conducting searches, examinations, court inspections, seizure and transfer of items, delivery, and forwarding of documents, etc.; extradition of persons for criminal prosecution or for the execution of a court sentence; arrest, search and confiscation of proceeds of crime (states undertake to cooperate in the investigation of money laundering; assist in the investigation and take appropriate measures: to freeze bank accounts, seize property to prevent its concealment; confiscate proceeds of crime or property, value of which corresponds to the value of income, etc.). The normative basis for the international cooperation in the investigation of criminal cases is the European Convention on Mutual Assistance in Criminal Matters dated April 20, 1959; the Criminal procedural code of Ukraine; Methodical recommendations of the General Prosecutor’s Office of Ukraine; Order No. 223 “On the organization of the work of the Prosecutor’s Office of Ukraine in the field of international legal cooperation” dated September 18, 2015. The legal basis for international cooperation in criminal matters is the current bilateral and multilateral international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine. Among the multilateral international agreements, there should be noted the European conventions on criminal justice: the European Convention on the Extradition with two additional protocols to it, the European Convention on Mutual Assistance in Criminal Matters with an additional protocol to it, the European Convention on the Transfer of Proceedings in Criminal Matters, The Convention on the Transfer of Sentenced Persons with an additional protocol, The European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders, the Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds from Crime and the European Convention on the International Validity of Criminal Judgements. In addition, the Commonwealth of Independent States has the 1993 Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and its 1997 Protocol; within the framework of the United Nations, there is the Convention on Transnational Crime of 2000, together with two Protocols thereto. These multilateral international agreements establish a uniform sphere of cooperation between law enforcement and judicial authorities in relation to all European countries. Today, the most effective is the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes, including in the investigation of criminal cases. Although the type of analysis is still considered by most scientists as Bohomolova Ye., (2004) a method of marketing research of enterprises in the market in the context of business practice, the object of “SWOT-analysis” can be as legislation, the practice of its application and prospects of their improvement, and materials of criminal cases. Methodology. Achieving the purpose of this publication is ensured by the use of cognitive philosophical, general scientific and special methods, among which the main are analysis and synthesis, comparative law method, which allow to identify prospects for the use in criminal cases of the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes. Methods of grammatical review and interpretation of legal norms have helped to identify gaps in the legislation governing the investigation of criminal cases, in particular in the field of economics, and to develop proposals for its improvement. Practical importance. International cooperation in criminal proceedings is an organizationally complex process, which requires the use of effective and efficient methods to perform the tasks of criminal proceedings, respect for the rights and freedoms of all participants in the process, including not violating a reasonable time in the investigation. To date, science has developed many methods of analyzing the law, the practice of their application, and identifying ways to improve legislation, taking into account the results of forecasting the prospects for society and the state. To ensure a high level of quality of criminal investigations in the framework of international cooperation, it is necessary to choose the one that will give the most effective results and allow to formulate the most optimal proposals in a particular criminal case and the practice of their application. An attempt to solve this problem is presented in this study.
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Soares, Patrícia Pinto. "Positive Complementarity and the Law Enforcement Network: Drawing Lessons from the Ad Hoc Tribunals' Completion Strategy." Israel Law Review 46, no. 3 (September 23, 2013): 319–38. http://dx.doi.org/10.1017/s0021223713000149.
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The International Criminal Court (ICC) Prosecutorial Strategy 2009–12 reaffirmed the commitment of the Office of the Prosecutor (OTP) to positive complementarity. The Prosecutor recognised the inability of the ICC to deal with all cases of mass atrocities and the importance of relying on national systems if international criminal justice is to be effective. The article first proposes a two-pronged approach to complementarity that distinguishes between its legal and policy dimensions. On the basis of the analysis of the situations in the Democratic Republic of Congo, Uganda and Colombia, it will be argued that the OTP has taken controversial decisions from the viewpoint of complementarity stricto sensu and positive complementarity that may undermine filling the impunity gap as well as the legitimacy of the ICC. Attention is then drawn to the common substratum of the ad hoc tribunals' completion strategy and positive complementarity. It is explained how the experience of the completion strategy offers a valuable cluster of lessons to be applied within the spectrum of positive complementarity. In concluding, the article suggests measures for the execution of positive complementarity and the Law Enforcement Network, with the intention of optimising efforts and resources within the ICC system.
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Robinson, Darryl. "The Impact of the Human Rights Accountability Movement on the International Law of Immunities." Canadian Yearbook of international Law/Annuaire canadien de droit international 40 (2003): 151–93. http://dx.doi.org/10.1017/s006900580000802x.
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SummaryIn the last decade, the human rights accountability movement has made remarkable inroads into the classical law of immunities. The developments strike a new equilibrium between the need to promote accountability and the need to protect international discourse. These developments form a coherent picture if one looks to the underlying rationales of these areas of law. Immunities ratione materiae, enjoyed by current and former officials, protect official functions on behalf of a state. The landmark Pinochet decision affirmed that official functions could not include the commission of international crimes condemned by international law. Conversely, immunity ratione personae flows from a different rationale. This form of immunity protects only certain high officials representing their state and only during office and facilitates official visits by precluding arrest on any grounds. The International Court of Justice Yerodia decision and other developments confirm that this immunity remains absolute, irrespective of the conduct alleged. However, even this absolute immunity may be relinquished through Security Council enforcement action or acceptance of the jurisdiction of the International Criminal Court.
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Kratcoski, Peter C., Mag Maximilian Edelbacher, and Dilip K. Das. "Terrorist Victimization: Prevention, Control and Recovery." International Review of Victimology 8, no. 3 (September 2001): 257–68. http://dx.doi.org/10.1177/026975800100800302.
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An Ancillary Meeting on the topic of ‘Terrorist Victimization: Prevention, Control, and Recovery’ was held at the United Nations Center in Vienna, Austria on Wednesday, April 12, 2000 in conjunction with the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. The Congress focused on ‘Crime and Justice: Meeting the Challenges of the 21 st Century.’ The Ancillary Meeting was sponsored by the State University of New York, Plattsburgh, USA and chaired by Dr. Dilip K. Das, Professor in the Department of Sociology and Criminal Justice at that University. The speakers included Alex P. Schmid, Officer-in-Charge, Terrorism Prevention Branch, United Nations; George H. Millard, Sao Paulo, Brazil, Dr. Ely Karmon, Senior Research Scholar, International Policy Institute for Counter-Terrorism, Kerzlyia, Israel; and Dr. Harvey W. Kushner, Professor and Chair, Department of Criminal Justice and Security Administration, Long Island University, Brookville, New York, USA. Other presentations were made by Dr. David Rapoport, University of California, Los Angeles, California, USA; Niles Lathem, The New York Post, Washington, D.C., USA, Arvind Verma, Department of Criminal Justice, Indiana University, Bloomington, Indiana, USA, Dr. S. Subramanian, Raghavendra Nagar Shvrampally, Hyderabad, India, George Ballard, Grand Valley State University, Allendale, Michigan, USA and Boaz Ganor, International Policy Institute for Counter-Terrorism, Herzlyia, Israel. In the presentations by speakers from Europe, North America, North Africa, the Middle East, Asia and South America and in the ensuing discussions, a wide variety of issues, concerns, and prevention strategies were covered in a global framework, and also applied to situations in specific countries and continents. The papers and the sessions focused on a number of themes, including an assessment of the main contemporary trends in terrorism, the politicalization of terrorism, the effects that terrorism has on primary and secondary victims, the linkage of terrorism with organized crime, and the measures that governments, international organizations, and justice agencies can take to curtail and eradicate terrorism, including international cooperative efforts.
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Overton, Angela, and Dawn Rothe. "The International Criminal Court and the External Non-Witness Expert(s), Problematic Concerns: An Exploratory Endeavour." International Criminal Law Review 10, no. 3 (2010): 345–64. http://dx.doi.org/10.1163/157181210x507868.
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AbstractThe role of the expert in criminal justice proceedings has long been an area of contention and debate among practitioners and scholars. Yet, there has been little to no discussion of the role of experts within the International Criminal Court (ICC). Here a bifurcation is drawn between those experts that are witnesses and the non-witness experts that are 'hidden' from the official processes, yet play a role in the investigations and analysis of cases. The focus of this piece is on the Office of the Prosecutor's (OTP) (hired) external non-witness experts. To date, there has been little to no criminological attention to this phenomenon. Yet there are organic concerns such as the process of knowledge-making, objectivity, 'truth' and substantive and procedural concerns that merit attention given that they are contracted to provide expertise in a particular area to help inform the way in which evidence is analyzed with the broader goal of 'proving' something important in a trial. Additionally, there is institutional equality of arms concerns related to the use of these non-disclosed experts that directly relates to due process. The use of non-witness experts is further complicated by the multiplicity of and/or relevance of fields from which they are drawn. It is the goal of this paper to explore these issues and provide a frame for theoretically situating the impact of non-witness external experts on the judicial process within the context of the ICC.
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Farhana, Farhana. "Punishment of Criminals of Trafficking in Persons: Legal Perspective on International Guidelines and Indonesian Practices." International Journal of Criminology and Sociology 10 (April 30, 2021): 675–79. http://dx.doi.org/10.6000/1929-4409.2021.10.79.
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The background of this study is that penalization is not only oriented towards the perpetrators of crimes of trafficking in persons but also oriented to the interests of victims and the community so that criminal justice aims to integrally protect various interests. The study aims to identify the punishment of criminals of trafficking in persons based on the interests of victims in Indonesian court practices as outlined by some regulations and the international community as outlined by the United Nations Office on Drugs and Crime (UNODC) and United Nations Convention Against Transnational Organized Crime (UNTOC). Considering that the study is a transnational crime, the point of view used in this study is clear to analyse the perspective of the national community and the international community. Hence, the standard measuring instrument used the perspective of international justice and its practical implementation by the Indonesian court. By using the library research method, the results showed that trafficking crimes are considered serious crimes by the international community. In regulating human trafficking, every country has laws regarding trafficking crimes by the applicable legal system. The theoretical contribution of this study is that each human trafficking crime case has different characteristics due to the condition of the perpetrator, the victim, the situation when the trafficking crime was committed. Therefore, as a practical contribution, the Indonesian court considers these factors which can be considered as a weighting or a reduction in sentence. The problem is incriminating and mitigating factors that must be considered in imposing penalties against traffickers. The study offers originality in investigating the factors which are burdensome and mitigate in imposing crimes against traffickers. The findings underline the principle of criminalization as the basis for imposing penalties on perpetrators of trafficking in persons by taking into account the factors of weighting and mitigation of punishment, in which the proportional principle takes precedence in addition to the other principles.
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Lynch, Nessa. "Restorative Justice through a Children's Rights Lens." International Journal of Children's Rights 18, no. 2 (2010): 161–83. http://dx.doi.org/10.1163/157181810x12592206285646.
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AbstractRestorative justice is an alternative to the formal criminal justice system which focuses on repairing the harm caused to the victim of the offence, effecting reconciliation between victim and offender, and the re-integration of the offender. Its use is widespread in national youth justice systems. This article will analyse the use of restorative justice in connection with offending by children. It will be argued that despite evidence of endorsement by the Committee on the Rights of the Child, the fundamental concepts of restorative justice are at odds with a children's rights model of youth justice as required by international standards. Not only do similar concerns about due process rights exist for children as for the adult system, it is difficult to reconcile the best interests of the child standard with the victim focused approach of restorative justice, and there are doubts as to whether children have sufficient maturity for remorse and reintegration.
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Bond, Jennifer, and Meghan Fougere. "Omnipresent Threats: A Comment on the Defence of Duress in International Criminal Law." International Criminal Law Review 14, no. 3 (June 13, 2014): 471–512. http://dx.doi.org/10.1163/15718123-01403001.
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This article argues that in the context of international criminal law, the defence of duress must be considered where an actor is compelled to commit a crime as a result of a sufficiently serious threat – even if the form of that threat is not explicit or direct and the pending harm will not necessarily occur within a specific period of time. Drawing on the current conflict in Syria to exemplify our argument, we advocate for an approach that allows consideration of the many environmental factors that may cumulatively create an ‘omnipresent threat’ that should not be disregarded by the criminal justice system. We propose that duress should be considered where the actor held a genuine and reasonable belief that she faced a sufficiently serious threat and that commission of the offence was the only way to escape the harm. We urge that Article 31(1)(d) of the Rome Statute be interpreted accordingly.
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Frías, Alejandro Sánchez. "Public Security Derogations to the Free Movement of EU Citizens and Preventive Criminal Law: A Collision between Ever-Expanding Concepts?" European Journal of Crime, Criminal Law and Criminal Justice 27, no. 4 (December 2, 2019): 293–319. http://dx.doi.org/10.1163/15718174-02704002.
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The threat of foreign terrorist fighters has led to the development of preventive criminal law on an international and European level. The EU Directive on combating terrorism can have two impacts on the free movement of EU citizens. It directly calls upon Member States to criminalise the act of travelling, as well as other conduct that may be connected to a terrorist offence. In addition, ecj case law accepts EU criminal law as a basis for public security derogations against free movement. Therefore, the commission of any of the acts criminalised in the EU Directive on combating terrorism could be used as a reason to restrict the exercise of free movement by EU citizens. When Member States begin to adopt these measures, litigation on the balance between preventive criminal justice and free movement of EU citizens will increase.
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Misner, Gordon. "Book Review : Law Enforcement in Europe: Building Effective Cooperation by Andre Bossard Office of International Criminal Justice University of Illinois at Chicago (1993) 91 pages." Journal of Contemporary Criminal Justice 9, no. 1 (March 1993): 78–79. http://dx.doi.org/10.1177/104398629300900111.
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Decœur, Henri. "The Criminalisation of Armed Jihad under French Law: Guilt by Association in the Age of Enemy Criminal Law." European Journal of Crime, Criminal Law and Criminal Justice 25, no. 4 (November 23, 2017): 299–326. http://dx.doi.org/10.1163/15718174-02504001.
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This article discusses the offence of participation in a terrorist group or conspiracy under French law, as applied by the French criminal justice system to prosecute and convict individuals who travel or attempt to travel abroad to participate in armed jihad. In light of a critical assessment of decisions rendered by French courts in cases involving jihadi fighters, it proposes to reflect on the orientation of the criminal law in matters relating to the participation of European nationals in armed jihad in foreign territory. Expressing concern over the excessive reach of substantive criminal-law provisions and of related prosecutorial policies, the article argues that the current legal framework and newly proposed legislation no longer serve the legitimate objective of protecting public order and safety from a tangible threat, and that the criminal law is at risk of becoming a tool of ideological warfare against designated enemies of the state.
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Skoczylas-Wardzyńska, Katarzyna. "Stosowanie tymczasowego aresztowania względem członka zorganizowanej grupy przestępczej w kontekście prawa jednostki do wolności." Problemy Prawa Karnego 30, no. 4 (October 30, 2020): 181–96. http://dx.doi.org/10.31261/ppk.2020.04.09.
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The article analyses grounds for application of pretrial detention in respect of individuals who have been charged with the criminal offence of participation in an organised criminal group or with participation in an organised criminal association aiming at committing a criminal offence. The paper addresses two presumptions: 1) the presumption of fear that a suspect or the accused shall obstruct criminal proceedings because of their participation in an organised criminal group; 2) the presumption that the suspect or accused shall attempt to obstruct the proper conduct of the proceedings because of the threat that they will be severely punished. The author tries to answer the question whether the presumptions underlying application of pretrial detention at the early stages of criminal proceedings are sufficient for extension of pretrial detention. This is particularly important given the fact that these presumptions operate in schemes which might raise fears that orders of pretrial detention are used as an element of criminal policy against criminal groups. It must be noted that application of pretrial detention enters the sensitive realm of human rights and civil liberties. On the other hand, a failure to apply pretrial detention makes it difficult or even impossible for law enforcement authorities to effectively break up criminal networks and prevent them resurfacing. The fight of law enforcement authorities against organised crime requires application of adequate custodial and non-custodial measures by criminal justice system but is connected with a need to respect personal freedom guaranteed by the Polish Constitution and international treaties.
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van Wijnkoop, Jürg. "Prosecution of suspected war criminals in Switzerland." International Review of the Red Cross 36, no. 313 (August 1996): 496–99. http://dx.doi.org/10.1017/s0020860400084928.
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Legal basesBy ratifying the Geneva Conventions of 1949, Switzerland undertook to supplement its national legislation accordingly. Its subsequent revision of the Swiss military penal code in 1950, though certainly prompt, was half-hearted. It was not until 1 March 1968, when a broader revision came into force, that national legislation was fully adapted to meet the requirements laid down in those Conventions:— the scope of application of Swiss criminal law was extended to cover all armed conflicts within the meaning of international conventions;— civilians who commit offences against international law in the event of armed conflict were explicitly made liable to military jurisdiction; it is thereby clearly established that Switzerland, or more specifically the military justice authorities, must prosecute violations of international humanitarian law even if the offence is committed outside Switzerland by nationals (civilians or members of the armed forces) of another country.
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Wood, Tim. "Domestic Politics, International Crimes: Gross Violations of the Right to Political Participation." International Criminal Law Review 16, no. 4 (August 18, 2016): 730–54. http://dx.doi.org/10.1163/15718123-01605001.
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This article posits that gross breaches of the human right to political participation – in electoral contexts and more generally – are a central (if so far implicit) preoccupation of international criminal law. In particular, drawing on case law concerning attacks instigated by political organisations against their opponents, the author suggests that infringements of political participation can and do pervade the contextual elements of crimes against humanity. More concretely, depending on the circumstances, the author argues that deprivations of political participation may constitute the underlying offence of persecution. The elucidation of this link serves to refine our understanding of crimes against humanity, enhance the potential for comprehensive transitional justice, promote the systemic integrity of international law and highlight the importance attached to democratic values.
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Esoimeme, Ehi Eric. "A critical analysis of the anti-corruption policy of the federal executive council of Nigeria." Journal of Money Laundering Control 22, no. 2 (May 7, 2019): 176–87. http://dx.doi.org/10.1108/jmlc-06-2017-0021.
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Purpose This paper aims to examine the anti-corruption policy of the Federal Executive Council of Nigeria, to determine whether the policy is working and/or has produced unintended effects. The Federal Executive Council is the body comprising all the Ministers of the Federation, including the President and Vice President. Design/methodology/approach The analysis took the form of a desk study, which analysed various documents and reports such as the Transparency International Corruption Perceptions Index, 2008-2016, the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Economic and Financial Crimes Commission (Establishment) Act, 2004, the Administration of Criminal Justice Act, 2015, the UK’s Investigatory Powers Act, 2016, the Public Interest Disclosure and Witness Protection Bill, 2017 and the Financial Action Task Force Recommendations, 2012. Findings This paper determined that the anti-corruption policy of the Federal Executive Council of Nigeria could achieve its desired objectives if the following recommendations are implemented: research grants which are sent to Nigerian universities by international and corporate bodies should be exempted from the current treasury single account arrangement. This would enable universities to easily access the funds and disburse the same to qualified students. The Federal Government should follow the guidelines laid down in Section 270 of the Administration of Criminal Justice Act, 2015 for plea agreements. In other words, the prosecution should only offer a plea bargain to a person who has been charged with an offence. The prosecution should not receive and consider a plea bargain from a person who has not been charged with an offence. Any attempt to water down the effect of Section 270 of the Administration of Criminal Justice Act, 2015 may weaken the ongoing fight against corruption and money laundering because criminals will be encouraged to continue looting public funds. The Financial Action Task Force Recommendations (Recommendation 3) requires that criminal sanctions for natural persons convicted of money laundering should be effective, proportionate and dissuasive. The Federal Government of Nigeria should introduce a Bill to the National Assembly that would provide a clear framework for the use of investigatory powers by law enforcement, the security and intelligence agencies and other public authorities. This includes the interception of communications, the retention and acquisition of communications data, the use of equipment interference and the retention and use of bulk data by the security and intelligence agencies. The Bill must establish a number of safeguards against the arbitrary or unlawful use of investigatory powers by the executive. The UK’s Investigatory Powers Act, 2016, for example, established a number of safeguards for the retention and acquisition of communications data. Authorisations for obtaining communications data will have to set out why accessing the communications data in question is necessary in a specific investigation for a particular statutory purpose and how it is proportionate to what is sought to be achieved. A police officer who receives information from a whistleblower about money hidden in an apartment should apply to a Court or Justice of the Peace within the local limits of whose jurisdiction he/she is for the issue of a search warrant before conducting a search on the said premises. This procedure is in line with Section 143 of the Administration of Criminal Justice Act, 2015 and the Court of Appeal decision in Hassan v. E.F.C.C. (2014) I NWLR (Pt. 1389) 607 at 625. The Public Interest Disclosure and Witness Protection Bill, 2017 should be given accelerated consideration in the House of Representatives based on its urgency and significance for the Federal Executive Council’s whistleblowers policy. Research limitations/implications This paper focusses on the anti-corruption policy of the Federal Executive Council of Nigeria from 29 May 2015 to 10 June 2017. It does not address the older policies. Originality/value This paper offers a critical analysis of the new anti-corruption policy of the Federal Executive Council of Nigeria. The paper will provide recommendations on how the policy could be strengthened. This is the only paper to adopt this kind of approach.
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Bates, Andrew. "The prevalence of autistic spectrum conditions in a community offender sample." Advances in Autism 2, no. 4 (October 3, 2016): 191–200. http://dx.doi.org/10.1108/aia-05-2016-0014.
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Purpose Previous prevalence studies of likely autistic spectrum condition (ASC) within criminal justice settings have focussed on specialist forensic mental health settings. The purpose of this paper is to examine prevalence of autism in a general community forensic sample. Design/methodology/approach In total, 336 offenders managed by a probation office were administered with a recognised screening tool to identify likely autism (AQ-10). Screenings were scored and those above the threshold were identified, where possible further diagnostic information was sought on positive-screened cases. Findings In total, 4.5 per cent (15 offenders) of the caseload screened positive for autism. Descriptive demographic information such as gender, age and offence type is provided for this group. Further diagnostic information was available on eight of the cases. Three already had an autism diagnosis and further psychometric assessment indicated that a further three cases were 80 per cent likely to be diagnosable with autism. Research limitations/implications Demographic information on the sample could not be compared with norms across the whole probation caseload due to limitation of resources for the project. No further diagnostic information was available on six offenders who screened positive for autism. Practical implications The research indicates that autism is not substantially over-represented in a large community offender sample although further research is required to identify the full degree of representation. Social implications Different kinds of offences are observed to be committed by offenders who do exhibit autism. It would be useful for criminal justice staff to have a general knowledge about autism, also how people with autism might offend and how they might best be supervised by probation services. Originality/value This is the first study of its kind internationally to examine prevalence of autism in a general community forensic sample.
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Rowe, Dennis. "Book Review : Crime Prevention in America: A British Perspective by Jon Bright Office of International Criminal Justice The University of Illinois at Chicago (1992) 113 pages." Journal of Contemporary Criminal Justice 9, no. 1 (March 1993): 72–73. http://dx.doi.org/10.1177/104398629300900108.
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Misner, Gordon. "Book Review : Policing in Six Countries Around the World by Dilip K. Das Office of International Criminal Justice University of Illinois at Chicago (1993) 233 pages." Journal of Contemporary Criminal Justice 9, no. 1 (March 1993): 74–75. http://dx.doi.org/10.1177/104398629300900109.
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