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1
KENDALL, SARA. « Donors' Justice : Recasting International Criminal Accountability ». Leiden Journal of International Law 24, no 3 (5 août 2011) : 585–606. http://dx.doi.org/10.1017/s0922156511000264.
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AbstractInternational legal scholarship to date has largely neglected the donor-driven dynamics of international criminal justice. This article advances what I term ‘donors’ justice’ as an analytic frame for interpreting the work of international criminal tribunals. Donors’ justice is defined as third-party financial support for tribunal activity. It imports market rationalities into the field of criminal accountability, which assume overlapping discursive, political, and economic forms. The Special Court for Sierra Leone provides a case study of the implications of donor-driven logics for international criminal justice, particularly the material problems of insecure funding and the ethical problems of limited personal jurisdiction.
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Palmer, Emma. « Localizing international criminal accountability in Cambodia ». International Relations of the Asia-Pacific 16, no 1 (28 juillet 2015) : 97–135. http://dx.doi.org/10.1093/irap/lcv013.
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Cedrangolo, Ugo. « The Accountability for International Crimes Perpetrated by Children ». International Criminal Law Review 19, no 4 (31 août 2019) : 698–723. http://dx.doi.org/10.1163/15718123-01904003.
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The issue of accountability for international crimes committed by children is one of the most complex legal and moral conundrums in international criminal justice. While children are excluded from the jurisdiction of international criminal courts, they can be sometimes the authors of heinous crimes, including international crimes. In the first section, the author examines whether prosecution at national level may be a solution in these cases. He then discusses if a minimum age of criminal responsibility should be agreed at international level and, if so, what this age should be. The issue of whether child soldiers possess the necessary mens rea for the commission of international crimes is also discussed. In the final section, the author suggests that more emphasis should be put on the accountability of those who use children to commit these crimes, notably through the legal concept of indirect participation, included in the icc Statute.
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Barber, Rebecca. « Accountability for Crimes against the Rohingya ». Journal of International Criminal Justice 17, no 3 (1 juillet 2019) : 557–84. http://dx.doi.org/10.1093/jicj/mqz031.
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Abstract In 2018, the Independent International Fact-Finding Mission on Myanmar found that there were reasonable grounds to believe the Myanmar military had perpetrated war crimes, crimes against humanity and possibly genocide against the Rohingya people. It recommended that the Security Council refer the situation to the International Criminal Court, but that recommendation is unlikely to be acted upon. This article considers whether, if the Security Council fails to act, the General Assembly may establish an ad hoc international criminal tribunal. It examines first the competency of the General Assembly to consider and make recommendations on matters of international peace and security, as explicitly articulated in the United Nations (UN) Charter and as implied by the purposes and principles of the UN. It then analyses the relevance and applicability of the General Assembly’s Uniting for Peace Resolution. It argues that the General Assembly has previously interpreted its powers to include the establishment of bodies it deems necessary for the maintenance of peace and security, and that in the case of Myanmar there is no reason it could not take the further step of establishing an ad hoc international criminal tribunal — albeit one without coercive powers.
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Hamilton, Rebecca J. « New Technologies in International Criminal Investigations ». Proceedings of the ASIL Annual Meeting 112 (2018) : 131–33. http://dx.doi.org/10.1017/amp.2019.18.
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My current research looks at ways in which people and institutions are using technology to build the evidentiary record in international criminal litigation. In particular, I focus on the collection of, and reliance on, what I call user-generated evidence. This is footage that an ordinary citizen—the user—records on their smartphone, in an effort to achieve legal accountability.
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O’Brien, Melanie. « “Revolution is glorious ! Revolution is no crime!” International Crimes and Chinese Domestic Law, and the Gang of Four Trial ». New Criminal Law Review 19, no 3 (2016) : 313–43. http://dx.doi.org/10.1525/nclr.2016.19.3.313.
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China was active in the drafting of the Rome Statute of the International Criminal Court, but has not become a state party, and the Chinese relationship with international criminal law is not strong. Given this, an examination of China’s own abilities and actions with regard to accountability for international crimes is warranted. China does not have any legislation proscribing violations of international humanitarian law, or war crimes, genocide, or crimes against humanity. This article will examine some of the options under current Chinese Criminal Law of 1997 that could be used to prosecute international crimes in lieu of express provisions. The second part of the article undertakes an international criminal law and human rights analysis of the Gang of Four trial, as the only trial of leaders linked to the mass crimes of the Cultural Revolution and thus the only real example of an attempt at accountability for mass crimes in modern China. These two parts of the article combine together to provide an analysis of China’s ability to enact and attempts at accountability for international crimes committed in China.
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Campbell, Kirsten. « Gender Justice Beyond the Tribunals : From Criminal Accountability to Transformative Justice ». AJIL Unbound 110 (2016) : 227–33. http://dx.doi.org/10.1017/s2398772300009077.
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What are the legacies for gender justice of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)? Darryl Robinson and Gillian MacNeil in this symposium describe the modernization of the law on sexual violence as a key legacy of the ad hoc international criminal tribunals. However, this characterization does not capture the wider challenges that gender based crimes have raised for the Tribunals, including other legacies of gendered hierarchiesand inequalities.How, then, is it possible to move past these issues to build international criminal justice so that it transforms, rather than reproduces, gendered injustices?
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Ramji-Nogales, Jaya. « Questioning Hierarchies of Harm : Women, Forced Migration, and International Criminal Law ». International Criminal Law Review 11, no 3 (2011) : 463–76. http://dx.doi.org/10.1163/157181211x576366.
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AbstractThough international criminal law has made great strides in addressing harm perpetrated against women in wartime, its gendered structure diverts attention away from other significant harms that women endure as a result of armed conflict. In particular, international criminal law's hierarchy of harm elevates crimes committed as part of a plan or pattern across political groups over equally serious forms of harm perpetrated randomly, often within political groups. Thus the private and opportunistic harms enabled by situations of displacement and perpetrated against female forced migrants do not fall clearly within the framework of international criminal law. This vacuum of accountability extends beyond international criminal law, as female forced migrants cannot rely on their own governments, their host governments, and often even international humanitarian organisations to protect them against opportunistic violence. International criminal law could fill the void only after quite serious reconstruction, namely expansion of its scope and restructuring of its focus. It may be that a structure designed specifically to prevent and account for opportunistic violence against female forced migrants would be better equipped to perform that task. Criminal accountability might be better performed in national legal systems or informal justice systems created within camp environments. There are also solutions other than criminal accountability, such as human rights law, that might be more appropriate in addressing such harms. In the meantime, until a solution is found that places these 'private' crimes on equal footing with 'public' attacks currently prohibited by international criminal law, the serious and frequent harms suffered by forcibly displaced women will continue to be overlooked, relegated to the bottom of the hierarchy of harm.
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Singh, Shannon Raj. « Move fast and break societies : the weaponisation of social media and options for accountability under international criminal law ». Cambridge International Law Journal 8, no 2 (décembre 2019) : 331–42. http://dx.doi.org/10.4337/cilj.2019.02.08.
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This article considers the application of international criminal law to the role of social media entities in fuelling atrocity crimes, and the legal theories that could be most valuable in fostering their accountability. While incitement of atrocity crimes is one way of framing social media's role in fomenting conflict, this paper argues that it may be more productive to conceptualise social media's role in atrocity crimes through the lens of complicity, drawing inspiration not from the media cases in international criminal law jurisprudence, but rather by evaluating the use of social media as a weapon, which, under certain circumstances, ought to face accountability under international criminal law.
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Burgis-Kasthala, Michelle. « Entrepreneurial Justice : Syria, the Commission for International Justice and Accountability and the Renewal of International Criminal Justice ». European Journal of International Law 30, no 4 (novembre 2019) : 1165–85. http://dx.doi.org/10.1093/ejil/chz065.
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Abstract This article argues that the crisis of governance generated by the Syrian civil war presents both a challenge and an opportunity to practitioners of international criminal justice. The article also argues that, irrespective of the Syrian case, international criminal law (ICL) institutions are in need of innovation and that increasingly ICL discourses display a blurring between public and private idioms. Evaluating the contribution of the Commission of International Justice and Accountability (CIJA) is one way then of assessing how ICL might evolve. This article characterizes CIJA’s work as exemplifying ‘entrepreneurial justice’, not only in Syria but also in a range of other (post-)conflict settings. We can define entrepreneurial justice as the identification of a gap or weakness in existing public accountability fora and the creation of a new private or privatized organization and/or approach that seeks to address (at least part of) this gap. Although questions remain about CIJA’s own accountability, along with its potential contribution to realizing accountability, this article suggests that its presence within the ICL field is a necessary one and that it has already started to have effects within Syria and beyond.
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Stahn, Carsten. « Evolution, Revolution or New Culture ? The Changing Anatomy of International Criminal Justice (and Some of Its Curiosities) ». International Criminal Law Review 15, no 6 (8 novembre 2015) : 1122–37. http://dx.doi.org/10.1163/15718123-01506007.
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The history of international criminal justice bears synergies with classical drama. This contribution investigates the changing anatomy of international criminal justice. It argues that international criminal justice navigates between salvation and apology. It first examines some of the inherent features and cultures that characterize international criminal justice. It then draws on the concept of ‘culture shock’ to explain some of the current dilemmas. It argues that critique is one of the inherent symptoms of an extending ‘accountability culture’.
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Jennings, Helen. « In the Absence of a Tribunal, Can UN Investigative Mechanisms Ensure Justice for Victims of Rape as a Weapon of War ? » Law & ; Practice of International Courts and Tribunals 21, no 3 (18 novembre 2022) : 546–92. http://dx.doi.org/10.1163/15718034-12341490.
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Abstract This article explores the evolution of UN fact-finding mechanisms as a method of pursuing legal accountability for violations of international criminal and human rights law, specifically sexual and gender-based violence and violations of sexual and reproductive health rights in conflict situations. The article argues that, in order to effectively contribute to the task of securing individual accountability for violations of international criminal law, while also pursuing political accountability for mass abuse of human rights, the UN system of fact-finding mechanisms must be reformed. The mandates of Commissions of Inquiry must be stripped back to their core function of investigating human rights abuse, while Novel Investigative Mechanisms take over the individual criminal responsibility mandate. Until both these functions are given separate and adequate attention by properly resourced fact-finding mechanisms, victims of abuse such as sexual and gender-based violence and violation of sexual and reproductive health rights in countries without recourse to international courts will be denied justice and recognition through UN channels.
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Ghani, Abdul, Abdus Samad Khan et Hammad Husnain. « Evolution of the Individual Criminal Accountability Principle in International Law ». Journal of Social Sciences Review 2, no 4 (30 décembre 2022) : 305–12. http://dx.doi.org/10.54183/jssr.v2i4.96.
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The creation of Special Tribunals with authority to prosecute those accused of "grave breaches" and infringements of the law towards humanity was among the most significant breakthroughs in international law. Unquestionably, this is a recent worldwide development that has raised questions about sovereignty and impunity. Since the horrors committed by the Nazis and the Nuremberg trials, war crimes legislation has expanded its definition to include several offenses that are now referred to as "international crimes" and "crimes of genocide." Although it was created to combat the politics of punishment for those who commit these crimes, some member states are unwilling to prosecute people who commit these recognized international crimes. In fact, the Rome Statute for the International Criminal Court (ICC) was drafted due to the jurisprudence established by these Special Tribunals. More precisely, it has been maintained that Act of war crimes and Act of crimes against humanity are perpetrated by individuals and not by impersonal forces, and that international law can only be upheld and implemented by punishing those responsible for such horrible crimes. Nevertheless, a convincing argument could be made that the establishment of these tribunals heralds a revolutionary change in international law. The qualitative research methodology has been applied to the following article.
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Mohamed, Saira. « Introductory Remarks by Saira Mohamed ». Proceedings of the ASIL Annual Meeting 113 (2019) : 365–66. http://dx.doi.org/10.1017/amp.2019.150.
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Welcome to this discussion on “Emerging Accountability Mechanisms: Innovative or Ineffective?” During this session, four expert panelists will examine the evolution and future of so-called “alternative” or “non-traditional” mechanisms that aim to secure accountability for serious violations of international human rights law and international humanitarian law. This category comprises mechanisms with a range of goals and forms, from investigative institutions that prepare evidence to be handed off to criminal courts, to transitional justice mechanisms that seek through non-criminal means to redress violations, prevent a relapse into violence, and facilitate reconciliation.
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Khan, Abdus Samad, Anjum Bibi, Asif Khan et Ishaq Ahmad. « Responsibility of Sexual Violence Under International Law ». Winter 2023 3, no 1 (31 mars 2023) : 29–41. http://dx.doi.org/10.54183/jssr.v3i1.110.
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The extent and nature of sexual violence throughout the war vary. Sexual violence is pervasive in some conflicts, such as ethnic conflicts, but it is relatively rare in other conflicts. Sexual slavery is one form of sexual violence in inevitable conflicts, while detention torture is another. The ICTY has carried out in-depth prosecutions and investigations of cases of sexual violence committed during times of war, leading to the filing of several indictments for crimes perpetrated in Bosnia - Herzegovina as early as 1995. By enabling the litigation of sexual violence as a war crime, crime against humanity, and genocide, the ICTY has advanced international criminal equity in sex crimes. This article attempts to provide readers with a clear understanding of two types of obligations: personal criminal culpability and state responsibility. The responsible for sexual violence presents a significant challenge to international law and misinterprets other laws, according to the conclusion. People are struggling with responsibility because, as the article pointed out, there are two different kinds of accountability in contemporary society: individual accountability and state accountability. The article's conclusions indicate that sexual violence is a personal responsibility.
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Newton, Michael A. « The Iraqi High Criminal Court : controversy and contributions ». International Review of the Red Cross 88, no 862 (juin 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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Sántha, Ferenc. « Responsibility of companies in international criminal law ». European Integration Studies 17, no 1 (2021) : 135–42. http://dx.doi.org/10.46941/2021.se1.135-142.
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In the paper, after outlining the criminological background, namely the corporate criminality in the field of core international crimes and some possible arguments in favour of criminal accountability of corporations on an international level, the case law of the International Military Tribunal at Nuremberg and the so-called subsequent Nuremberg trials is introduced. Finally, the third part is devoted to examine the questions of the codification process of the Statute of the International Criminal Court in relation to the organizational liability, putting the emphasis on answering the question: was there and is there an international court or tribunal that can exercise criminal jurisdiction over corporations?
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O'BRIEN, Melanie. « Where Security Meets Justice : Prosecuting Maritime Piracy in the International Criminal Court ». Asian Journal of International Law 4, no 1 (19 novembre 2013) : 81–102. http://dx.doi.org/10.1017/s204425131300026x.
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The International Criminal Court (ICC) was established to prosecute crimes that “threaten the peace, security and well-being of the world”. Maritime piracy has a long history as a threat to international security and was in fact the first international crime. Yet piracy was excluded from the Rome Statute. In the years since the drafting of the Rome Statute, piracy has increased dramatically to become more like the threat it was in the “Golden Age of Piracy”. Criminal accountability for piracy has been minimal, due to logistical and jurisdictional difficulties. This paper offers an analysis of the potential of the ICC for prosecuting pirates: why it should be considered as a potential forum for ensuring criminal accountability for piracy, how piracy fits within the ICC's jurisdiction, and whether or not piracy should be added to the Rome Statute as a stand-alone crime or under the rubric of crimes against humanity.
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Sarkin, Jeremy. « Reparation for Past Wrongs : Using Domestic Courts Around the World, Especially the United States, to Pursue African Human Rights Claims ». International Journal of Legal Information 32, no 2 (2004) : 426–60. http://dx.doi.org/10.1017/s0731126500004248.
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Human rights have never received more attention than at present. All around the world there is new vigor in dealing with gross human rights abuse. As a result, the last ten years have seen major developments in international criminal processes to deal with these issues. Accountability for these violations, a major problem in the past, has improved to some degree. This is true at both international and domestic levels. With the establishment of the International Criminal Tribunal for Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC), the prospects for prosecuting those responsible for gross human rights violations are more likely than before.
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DARCY, SHANE. « Imputed Criminal Liability and the Goals of International Justice ». Leiden Journal of International Law 20, no 2 (21 mai 2007) : 377–404. http://dx.doi.org/10.1017/s0922156507004116.
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This article considers the suitability of employing particular modes of imputed criminal liability in trials before international criminal tribunals. It focuses specifically on the doctrines of joint criminal enterprise and superior responsibility, two forms of liability which are central to many contemporary international criminal proceedings. Both doctrines can involve a broad form of criminal liability which may not be entirely appropriate when one considers the context in which such trials take place and the significance which often attaches to them. Proponents of international justice have contended that the contribution of these trials goes beyond basic accountability and providing justice for victims, extending also to peacemaking, reconciliation, deterrence, and the creation of a historical record. This article queries whether aspects of joint criminal enterprise liability and superior responsibility are appropriate when international justice is viewed in this light.
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Haynes, Dina Francesca, Fionnuala Ní Aoláin et Naomi Cahn. « Criminal Justice for Gendered Violence and Beyond ». International Criminal Law Review 11, no 3 (2011) : 425–43. http://dx.doi.org/10.1163/157181211x576348.
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AbstractThis article focuses on the advancements in and limitations of international criminal law to address the range of harms experienced by women in times of armed conflict. International criminal law is an important tool, but not the only relevant structure or institution that has a role to play in addressing the underlying conditions and causes that produce systematic violence for women. The long-term success of post-conflict reconstruction rests upon understanding and legally articulating what women truly perceive as generally harmful to them, and then remedying those harms in the broadest possible sense. In assessing the influence and value of international and domestic criminal accountability for violations experienced by women, it is also important that we acknowledge law's limits. Criminal accountability has both symbolic and practical importance, but it must be combined with policy-making focused on the deep inequalities and disadvantages experienced by women in order to fundamentally transform women' lives in post-conflict societies. Feminists should be suspicious when law only addresses a fraction of transgressive sexual acts and fails to engender equality and nullify discrimination. Both are central to changing women's lives.
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Miller, Jennifer L., et Patrice C. McMahon. « The power of international criminal courts : Strategic behavior and accountability networks ». Journal of Human Rights 17, no 1 (19 octobre 2017) : 25–43. http://dx.doi.org/10.1080/14754835.2016.1244477.
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Kendall, S. « Commodifying Global Justice : Economies of Accountability at the International Criminal Court ». Journal of International Criminal Justice 13, no 1 (6 janvier 2015) : 113–34. http://dx.doi.org/10.1093/jicj/mqu079.
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Callamard, Agnes. « Towards international human rights law applied to armed groups ». Netherlands Quarterly of Human Rights 37, no 1 (mars 2019) : 85–100. http://dx.doi.org/10.1177/0924051918822848.
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This lecture explores the place of justice, accountability and remedies in the global agenda against terror, illustrated by a case study on Iraq and the Islamic State in Iraq and the Levant (ISIL.) The two international regimes traditionally applicable to the acts of armed groups, including “terrorist groups”, are international criminal law and international humanitarian law. The lecture argues that they carry each strong limitations, such as those related to the ‘‘armed conflict’’ nexus requirement. This lecture shows that a third regime, international counter-terrorism, has developed over the last two decades and become the de facto legal regime for armed non-State actors. This regime has displaced and weakened international humanitarian and criminal law while further eroding victims’ protection and accountability. The lecture further suggests that all three legal frameworks fail to capture the nature of control exercised by armed groups such as ISIL, and the extent of their functions, including those amounting to governance. The lecture argues that such functions can best be apprehended through international human rights law (IHRL). Tracing armed groups’ human rights obligations and legal personality to treaty and customary law, the lecture concludes with proposals to hold armed groups accountable under IHRL as well as possible approaches to strengthen accountability for crimes committed by ISIL.
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Rankin, Melinda. « Investigating Crimes against Humanity in Syria and Iraq : The Commission for International Justice and Accountability ». Global Responsibility to Protect 9, no 4 (26 novembre 2017) : 395–421. http://dx.doi.org/10.1163/1875984x-00904004.
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The failure of the United Nations to effect a ‘responsibility to protect’ in Syria and Iraq has provoked acrimonious debates over how the international community should respond to mass atrocities in the contemporary international order. Moreover, the fact that the International Criminal Court and other United Nations (un) agencies remain unable to investigate in Syria and Iraq, has reinvigorated debate on the mechanisms available to bring those most responsible for humanities gravest crimes to account. This article examines the Commission for International Justice and Accountability (cija). As non-state actors, cija conduct their investigations outside the United Nations system, with the aim of investigating and preparing case briefs for the most senior leaders suspected of war crimes and crimes against humanity in Syria; and war crimes, crimes against humanity and allegations of genocide in Iraq. This article argues that in preparing case briefs for individual criminal liability for a future prosecution, cija have attempted to extend the system of international criminal law, and in so doing, pose a challenge to traditional notions of the state in relation to the concept of war and the law, and the relationship between power and law in the international system. The article concludes by the asking the question: does the international community have a ‘responsibility to prosecute’ those suspected of criminal misconduct?
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Kyriakakis, Joanna. « Developments in international criminal law and the case of business involvement in international crimes ». International Review of the Red Cross 94, no 887 (septembre 2012) : 981–1005. http://dx.doi.org/10.1017/s1816383113000519.
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AbstractIn the wake of the mandate of the Special Representative of the United Nations Secretary-General for Business and Human Rights (SRSG), international criminal law looks set to play a role in measures towards the legal accountability of business actors involved in gross human rights and humanitarian law violations. Against the backdrop of the SRSG's now completed mandate, this article looks at three recent developments in international criminal law to consider the field's potential relevance to business actors involved in conflict. The first is the newest mode of liability recently adopted by the International Criminal Court, indirect perpetration through an organisation. The second is the aiding and abetting doctrine as applied by the Special Court for Sierra Leone in the Charles Taylor case. The third is the potential uptake of a practice of thematic prosecutions focusing on particular under-regulated issues of concern for the international community.
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Méndez, Juan E. « National Reconciliation, Transnational Justice, and the International Criminal Court ». Ethics & ; International Affairs 15, no 1 (mars 2001) : 25–44. http://dx.doi.org/10.1111/j.1747-7093.2001.tb00341.x.
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Universal jurisdiction and the existence of an International Criminal Court (ICC) under the Rome Statute provide a framework through which true reconciliation can be achieved simultaneously with truth and justice. The ICC and universal jurisdiction can be viewed as laying out objective limits on the power of domestic and international actors to seek peace at any cost.This paper argues that those objective limits are not necessarily inimical to a just peace, nor are an undue burden on peacemakers. On the contrary, they can set parameters whereby a just and lasting peace can be differentiated from impunity achieved through blackmail.The first step is to take a hard look at whether international standards of accountability for gross abuses have been met. At the same time, the examination of any specific scheme of domestic accountability cannot be done on a blanket basis. It will require a close look at conditions prevailing in the country, both at the time the scheme was adopted and later; at the policies adopted and how they were meant to advance the process of national reconciliation; at who adopted those measures and how; and at concrete applications of the scheme to individual cases.Even applying this exacting standard, there will be cases in which the best course of action for the ICC and for third country courts will be to defer to the greater wisdom of local actors operating in good faith, and to decline to prosecute.
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Jalloh, Charles C. « Remarks by Charles C. Jalloh ». Proceedings of the ASIL Annual Meeting 114 (2020) : 210–15. http://dx.doi.org/10.1017/amp.2021.77.
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As a preliminary remark, our starting point must be to recognize that, up until now, international criminal law has relied on what M.C. Bassiouni called “direct enforcement” by international criminal courts and “indirect enforcement” by national courts. The middle ground between the two extremes has been the use of “hybrid” courts such as the Special Court for Sierra Leone (SCSL). The SCSL married the domestic with the international, in an effort to combine the best of the international and national in order to advance accountability for serious international crimes.
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NWAPI, CHILENYE. « Accountability of Canadian Mining Corporations for Their Overseas Conduct : Can Extraterritorial Corporate Criminal Prosecution Come to the Rescue ? » Canadian Yearbook of international Law/Annuaire canadien de droit international 54 (7 août 2017) : 227–75. http://dx.doi.org/10.1017/cyl.2017.9.
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AbstractThis article is set against the backdrop of the inability of Canadian courts to hear civil cases brought by victims of the operations of Canadian mining corporations in developing countries where accountability mechanisms are weak. The article examines the legal framework for extraterritorial criminal prosecution in Canada with a view to seeing how corporate criminal prosecution could fill the accountability gap and contribute to the promotion of the accountability of Canadian mining corporations involved in human and environmental rights abuses in developing countries. The article argues that extraterritorial criminal prosecution holds prospects for success in Canada, if only the Canadian government is willing to utilize it. The real and substantial link test, the Crimes against Humanity and War Crimes Act, and several sections of the Criminal Code provide sufficient jurisdictional bases for such prosecution. The amendments to the doctrine of corporate criminal liability that were made in Canada in 2003 bolster the criminal jurisdictional strength of Canadian courts. Lastly, there are no compelling international comity concerns to discourage the Canadian government from utilizing the criminal justice process to contribute to the global fight against corporate impunity in human and environmental rights abuses. This article seeks to contribute to the knowledge of the powers at the disposal of the Canadian government to do so.
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Sungi, Simeon P. « Addressing violations of international humanitarian law through the international criminal justice system : A criminologist’s contribution ». South African Journal of Criminal Justice 33, no 3 (2020) : 670–84. http://dx.doi.org/10.47348/sacj/v33/i3a8.
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The international criminal justice system has resorted to criminal sanctions as the sole response to international criminal offending, including international humanitarian law (IHL) violations. While responding to international criminal offending, the international criminal justice system has overly relied on utilitarianist and retributivist assumptions to criminal punishment that assumes the application of criminal law in enforcing compliance to societal norms in order to deter potential norm violators and to induce compliance. Furthermore, correcting criminal behaviour creates a sense of accountability and appeases victims of international humanitarian law violations and other international crimes. Arguments in support of this strategy also posit that it is important to take these steps because it brings a sense of respect to the rule of law or what is popularly known as fighting ‘impunity’. A reflection on the Nuremberg and the Tokyo trials following World War II seems to have influenced the criminalising of war crimes and other international crimes. On the other hand, criminologists over a century now have been studying causes of crime to influence public policy in crime prevention. It is, therefore, imperative to examine the aetiology of international humanitarian law violations through a criminological lens to inform international criminal justice policy on best approaches in responding to international crimes in general and war crimes in particular. The essay examines international humanitarian violations in the Democratic Republic of Congo to find out whether the international criminal justice system’s response to war crimes meet the purported stated goals of the international criminal justice system. The Lubanga case in the DRC situation is informative since it is the first conviction before the International Criminal Court.
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Danner, Allison Marston. « Enhancing the Legitimacy and Accountability of Prosecutorial Discretion at the International Criminal Court ». American Journal of International Law 97, no 3 (juillet 2003) : 510–52. http://dx.doi.org/10.2307/3109838.
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The rapid ratification of the Rome Statute of the International Criminal Court (ICC) and the orderly election of its judges and prosecutor belie the radical nature of the new institution. The Court has jurisdiction over genocide, aggression, crimes against humanity, and war crimes—crimes of the utmost seriousness often committed by governments themselves, or with their tacit approval. The ICC has the formal authority to adjudge the actions of high state officials as criminal and to send them to jail, no matter how lofty the accused’s position or undisputed the legality of those acts under domestic law. While the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR) also possess this authority, those institutions operate directly under the control of the United Nations Security Council and within narrow territorial limits. The ICC, by contrast, is largely independent of the Council and vests the power to investigate and prosecute the politically sensitive crimes within its broad territorial sweep in a single individual, its independent prosecutor.
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Khan, Asif, Shaukat Hussain Bhatti et Abid Shah. « An overview on individual criminal liability for crime of aggression ». Liberal Arts and Social Sciences International Journal (LASSIJ) 5, no 1 (26 juin 2021) : 433–44. http://dx.doi.org/10.47264/idea.lassij/5.1.28.
Texte intégralRésumé :
Over the last few years, international criminal law has included an internationally recognized definition of the crime of aggression. One may sight the respective portion from part two (jurisdiction, admissibility and applicable laws) article 08 of the respective document. The purpose of this research represents the historical background of individual criminal responsibility under international law and the concept of individual criminal accountability for the crimes falling under the ambit of international criminal law committed by persons. Whereas the idea of how an individual could be brought to justice, for one of the core crimes of ICC's statutes, i.e., crime of aggression, was recently adopted and envisaged into Rome statutes, after the Kampala conference 2010. The concept of individual criminal responsibility for the crime of aggression faced many difficulties in at-least adopting its proper definition, which was leftover for future when Rome statue was formulated. To keep pace, this concept needs further evolution. Such an evolution demands such a condition wherein while granting the characteristics of adaptability with the contextual conditions and principles of criminal law. This article explores the anatomy of the crime of aggression and highlights issues that remain to be resolved.
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Jones, Annika. « A Quiet Transformation ? Efficiency Building in the “Fall” of International Criminal Justice ». International Criminal Law Review 19, no 3 (11 mai 2019) : 445–74. http://dx.doi.org/10.1163/15718123-01903002.
Texte intégralRésumé :
In recent years, international criminal justice mechanisms have come under increasing pressure to improve their efficiency, i.e. to reduce costs and increase their speed of operation. Drawing from semi-structured interviews with staff and stakeholders in proceedings at the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia and the Extraordinary Chambers in the Courts of Cambodia, this article argues that pressure for efficiency and related reform is supporting ‘quiet transformation’ in the balance between conflicting goals that underpin the international criminal justice process; in particular, between the pursuit of accountability, on the one hand, and demand for fairness and victim satisfaction, on the other. It highlights the need for greater engagement with the underlying policy issues that efficiency building raises and for ongoing, sustained empirical research into the impact of efficiency building on the ability of international criminal courts and tribunals to realise their goals.
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Horovitz, Sigall. « How International Courts Shape Domestic Justice : Lessons from Rwanda and Sierra Leone ». Israel Law Review 46, no 3 (23 septembre 2013) : 339–67. http://dx.doi.org/10.1017/s0021223713000125.
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The International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) were created to deliver accountability for the atrocities committed during Rwanda's genocide of 1994 and Sierra Leone's civil war of the 1990s. The capacity of these courts, however, like other international criminal tribunals, is limited in terms of the number of persons they can prosecute. If most perpetrators evade justice, the ability of international tribunals to deliver accountability may be seriously undermined. To mitigate this risk, national justice systems should deal with the perpetrators who are not addressed by international tribunals. When national systems do not do so (or fail to do so effectively), international tribunals are well placed to encourage (or improve) national atrocity-related judicial proceedings, thereby increasing their chances of delivering accountability.This article assesses empirically the impact of the ICTR and SCSL on national atrocity-related judicial proceedings in their target countries, thus contributing to an overall assessment of these tribunals. The article also compares the national impact of the ‘pure international’ ICTR to that of the ‘hybrid’ SCSL and tries to identify features that affect the national impact of an international tribunal. Understanding the interactions between international and national justice systems, and the features that affect the national impact of international tribunals, is particularly important given the shift to ‘positive complementarity’ at the International Criminal Court.
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Tladi, Dire. « A Horizontal Treaty on Cooperation in International Criminal Matters : The Next Step for the Evolution of a Comprehensive International Criminal Justice System ? » Southern African Public Law 29, no 2 (18 décembre 2017) : 368–87. http://dx.doi.org/10.25159/2522-6800/3646.
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This paper addresses the intersection between two key concepts in international criminal justice, namely cooperation and complementarity. While it is recognised that domestic courts carry main responsibility for ensuring accountability for the commission of international crimes, there appears to be gaps in two areas. First, international law does not make provision for a comprehensive obligation to investigate and prosecute such crimes. Second, there is no comprehensive and robust interstate cooperation obligation, necessary to ensure successful domestic investigations and prosecutions. The paper assess two initiatives designed to fill these gaps, and considers their strengths, weaknesses and the possible synergies between them.
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Freeland, Steven. « A Prosecution too far ? Reflections on the Accountability of Heads of State under International Criminal Law ». Victoria University of Wellington Law Review 41, no 2 (2 août 2010) : 179. http://dx.doi.org/10.26686/vuwlr.v41i2.5232.
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The recent issue by the International Criminal Court (ICC) of an arrest warrant against Omar Al Bashir, the President of Sudan, for alleged war crimes and crimes against humanity, represents the first time that the ICC has acted in such a way against an incumbent Head of State. It has renewed the debate about the potential international criminal responsibility of Heads of State and has led to strong opinions both for and against such actions. Yet, the prosecution of Heads of State is by no means a new phenomenon, and its continued use represents an important element in the internationalisation of justice that has gained renewed emphasis over the past two decades. This article offers some thoughts and reflections on several key issues associated with this debate, focusing particularly on the political, legal and historical dimensions that have combined to allow for the prosecution under international criminal law of any person, irrespective of their official capacity. It also examines the important role in this regard for the ICC, the world's first permanent international criminal tribunal, as well as the increasing range of prosecutions now taking place within national jurisdictions, as the period of impunity in relation to the commission of international crimes that had existed for several decades up to the 1990s has come to an end.
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Garwood-Gowers, Andrew. « China and the Uighurs : Options for Legal Accountability ». Global Responsibility to Protect 13, no 1 (16 février 2021) : 24–28. http://dx.doi.org/10.1163/1875-984x-13010004.
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Abstract In this contribution the author examines options for legal accountability in relation to possible crimes against humanity and genocide against the Uighurs. While China’s reluctance to accede to international adjudication mechanisms means there are limited avenues for accountability, recent developments in relation to the International Criminal Court’s jurisdiction over crimes with a transboundary element may open the door to possible investigation and prosecution of Chinese nationals. However, more immediate steps to respond to the situation in Xinjiang will focus on securing access for an independent fact-finding investigation and persuading China to uphold its responsibility to protect.
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SCHABAS, WILLIAM A. « International Justice for International Crimes : An Idea whose Time Has Come ». European Review 14, no 4 (8 septembre 2006) : 421–39. http://dx.doi.org/10.1017/s1062798706000469.
Texte intégralRésumé :
International criminal justice really began at Nuremberg in 1945, after an inauspicious start at Versailles in 1919. But little happened during the Cold War, and only in the 1990s, driven by a human rights movement that had refocused its energy on the rights of victims and concerns about impunity and accountability, did the efforts revive. The United Nations pioneered the activity, with three ad hoc tribunals. In 2002, a permanent institution, the International Criminal Court, began its operations. Concerns about the fairness of such proceedings have featured since the earliest days. In balance, both Nuremberg and its modern-day successors deliver acceptable judgments from a due process standpoint, although problems remain. Also troubling is an emphasis on convictions based upon paradigms that approach vicarious liability. This enhances the probability of conviction, but weakens the stigma of guilt and ultimately compromises the historical legacy. There is also a recent tendency to focus upon non-state actors, prosecuting rebels and terrorists rather than crimes of state.
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Barbour, Stephanie. « Supporting Accountability for Sexual Violence in the Syria and Iraq Conflicts ». Journal of International Criminal Justice 18, no 2 (1 mai 2020) : 397–423. http://dx.doi.org/10.1093/jicj/mqaa004.
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Abstract This article examines innovations in investigating sexual and gender-based violence (SGBV) through private investigations of international criminal and humanitarian law violations in Syria and Iraq. Drawing on the progress, challenges and lessons learned at the international level, a few notable initiatives have endeavoured to implement high-quality criminal investigations driven by local actors. The article first sets out the context in which private initiatives have moved to fill the gaps in the international response to crimes in Syria and Iraq through a shift to supporting national investigators engaged in evidence-gathering in their own countries and amid ongoing conflict. Next, the article explores efforts to build the capacity of national investigators to conduct safe and ethical evidence-gathering concerning sexual violence, often facing down socio-cultural barriers and other obstacles to effective investigations. Thirdly, the article examines the case-building strategy pursued by initiatives such as the Commission for International Justice and Accountability (CIJA), from ensuring a focus on demonstrating leadership responsibility for crimes of sexual violence by the Syrian military and security apparatus and Islamic State to feeding cases into viable avenues for prosecution. This section explores some of the innovations, good practices and lessons learned in such initiatives in response to challenges arising in sexual offence investigation. Such issues include socio-cultural barriers to effective investigation of SGBV, the risk of creating SGBV silos, and ensuring the safety and wellbeing of national investigators. Finally, the article offers a prognosis for these efforts’ successful contribution to future accountability for conflict-related sexual violence in Syria and Iraq, and concludes with wider lessons for the role of private criminal investigations of this category of criminality and beyond.
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Kalmanovitz, Pablo. « From Reprisals to Criminal Accountability : State Bias and the Prospects of Limiting War Through Law ». European Review of International Studies 7, no 2-3 (17 décembre 2020) : 365–88. http://dx.doi.org/10.1163/21967415-bja10026.
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Abstract Over the past 25 years, criminal prosecutions for war crimes have become a central element in the long-standing project of governing hostilities in international law. According to many, the threat of criminal prosecutions can be a general deterrent against violations of the laws of war, and can contribute more broadly to the diffusion and domestic appropriation of humanitarian norms. This article discusses some unintended effects of this “anti-impunity turn” in the laws of war in the context of non-international armed conflicts. Specifically, it examines the consequences of the fact that states typically have a monopoly over the means of legitimate criminal investigation for alleged crimes committed in their territory. Far from operating on a level playing field, criminal investigations in war contexts must be undertaken under institutional conditions that tend to favor state agents over non-state opposition groups. The article spells out some implications of this form of state bias and argues that it can contribute to exacerbate conflict and prolong violence in war.
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Eberechi, Ifeonu. « “Rounding Up the Usual Suspects” : Exclusion, Selectivity, and Impunity in the Enforcement of International Criminal Justice and the African Union’s Emerging Resistance ». African Journal of Legal Studies 4, no 1 (2011) : 51–84. http://dx.doi.org/10.1163/170873811x567970.
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AbstractDespite the overwhelming ratification of the statute of the International Criminal Court (ICC) by African states, recent attempts to prosecute the perpetrators of egregious crimes in the region have come under a sustained opposition from its regional body, the African Union (AU). In fact, the blunt accusation is that international criminal justice has become an instrument of colonization. Within the context of the AU’s claim, this article engages the question of selective enforcement of international criminal accountability, ironically beginning with the Nuremberg trial. Without necessarily justifying the senseless perpetration of heinous crimes in Africa, this article argues that an international justice regime complex that is perceived to be skewed in favour of the West engenders a crisis of legitimacy and ultimately robs it of the much needed cooperation from the region.
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Malu, Linus Nnabuike. « The International Criminal Court and the Complex Road to Peace in Côte d’ Ivoire ». International Criminal Law Review 16, no 5 (12 octobre 2016) : 826–55. http://dx.doi.org/10.1163/15718123-01605004.
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After over ten years of violent conflicts and atrocities, Côte d’ Ivoire is gradually returning to peace and economic prosperity, but the road to peace is complex. This article examines the violent conflicts in the country, and how the involvement of the International Criminal Court (icc) impacts on the peace process in the country. It examines whether the icc is complicating or facilitating the peace process by relying on four variables: deterrence, accountability to the law, reconciliation and victims’ rights. This article argues that the impacts of the icc on the peace process is multi-dimensional, and concludes that the icc impacts on the peace process in the country in minimal but subtle ways by influencing deterrence and accountability to the law.
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Jenks, Chris, et Guido Acquaviva. « Debate : The role of international criminal justice in fostering compliance with international humanitarian law ». International Review of the Red Cross 96, no 895-896 (décembre 2014) : 775–94. http://dx.doi.org/10.1017/s1816383115000363.
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Much has been written about the “deterrent” role of international courts and tribunals in preventing potential atrocities. Since the establishment of thead hoctribunals and the International Criminal Court, the international community has sought to anchor the legitimacy of international justice in the “fight against impunity”. Yet recent studies have suggested that an overly broad characterization of international courts and tribunals as “actors of deterrence” might misplace expectations and fail to adequately capture how deterrence works – namely, at different stages, within a net of institutions, and affecting different actors at different times.1TheReviewinvited two practitioners to share their perspectives on the concrete effects of international criminal justice on fostering compliance with international humanitarian law. Chris Jenks questions the “general deterrence” role of international criminal justice, contending that the influence of complicated and often prolonged judicial proceedings on the ultimate behaviour of military commanders and soldiers is limited. Guido Acquaviva agrees that “general deterrence”, if interpreted narrowly, is the wrong lens through which to be looking at international criminal justice. However, he disagrees that judicial decisions are not considered by military commanders, and argues that it is not the individual role of each court or tribunal that matters; rather, it is their overall contribution to an ever more comprehensive system of accountability that can ultimately foster better compliance with international humanitarian law.
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D’Alessandra, Federica, et Kirsty Sutherland. « The Promise and Challenges of New Actors and New Technologies in International Justice ». Journal of International Criminal Justice 19, no 1 (1 mars 2021) : 9–34. http://dx.doi.org/10.1093/jicj/mqab034.
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Abstract This article addresses the role of new technologies in the international justice and accountability landscape, drawing from research we conducted into new United Nations (UN) accountability mechanisms that have the explicit mandate to collect, collate, analyse and preserve evidence of international crimes according to criminal justice standards. The article is divided in four parts. First, we contextualize our research by discussing some of our findings and situating them against what we define as a ‘third wave’ of institutional developments in international justice, prompted by an ‘accountability-turn’ affecting civil society groups and UN mandates. Secondly, we discuss — using real-world examples — both the opportunities and challenges arising from the use of digital and new documentation technologies in the field. Thirdly, the article pays particular attention to the role of UN mandates affected by the ‘accountability-turn’; our research reveals such UN mandates now often sit at the heart of the ‘life cycle’ of information and evidence collected for justice and accountability purposes. In this section of the article, we also briefly discuss issues relating to third party control of information, in particular by social media companies. Finally, we discuss the need (and welcome initiative) to develop better international guidance and best practices for actors across the board in order to maximize the effective use of new technologies and digital evidence in international justice and accountability processes.
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O'Connor, Simon. « Corporations, international crimes and national courts : a Norwegian view ». International Review of the Red Cross 94, no 887 (septembre 2012) : 1007–25. http://dx.doi.org/10.1017/s1816383113000544.
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AbstractFor a number of reasons, questions regarding the accountability of corporations for actions that might be complicit in the commission of international crimes have gained prominence in recent times. Though initiatives regarding what is more broadly described as business and human rights are to be welcomed, this sometimes distracts from existing systems of accountability, especially when those acts, which may be discussed as human rights violations, equally constitute crimes. Whilst not all criminal jurisdictions extend to legal persons, the Norwegian Penal Code does. This article analyses the Norwegian Penal Code's provisions, in light of amendments made to it in 2008 to include international crimes in it, with the effect of extending those crimes to corporations. The article first addresses the personal, material, temporal, and geographical scope of the penal code. It then addresses the potential consequence of the exercise of jurisdiction in light of the only case in recent times in Norway that deals explicitly with a corporation's potential criminal liability for war crimes. The article then addresses three additional issues with respect to provisions on complicity, intent, and defences under the Norwegian Penal Code, before concluding with some reflections on the possible future effects of this legislation and the possibility that it will inspire developments elsewhere.
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Burgis-Kasthala, Michelle. « Assembling Atrocity Archives for Syria ». Journal of International Criminal Justice 19, no 5 (1 novembre 2021) : 1193–220. http://dx.doi.org/10.1093/jicj/mqab065.
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Abstract This article provides an ethnographically informed comparative case study of the atrocity archiving work being undertaken by two entities: the not-for-profit, civil society organization, the Commission for International Justice and Accountability (CIJA), and the United Nations’ International, Impartial, and Independent Mechanism for Syria (IIIM). Insights from data collected are read alongside debates within the fields of international criminal law, transitional justice, and archival studies. The article argues that this archival work is of significance in exploring how international lawyers respond to the Syrian tragedy, how they understand the possibilities and limitations of criminal trials, as well as their ethical responsibilities in possessing so much sensitive material. The example of the Syrian atrocity archive, and the innovative technological approaches it requires, provides new ways of thinking through the relationship between evidence, custodianship, and the legitimacy of (possible future) criminal trials.
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Abdul, Sharifah Liyana Marissa Malik Syed, Haslinda Yusoff et Nafsiah Mohamed. « Factors That Might Lead to Corruption : A Case Study on Malaysian Government Agency ». International Journal of Financial Research 10, no 3 (19 mai 2019) : 216. http://dx.doi.org/10.5430/ijfr.v10n3p216.
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Corruption has hindered the effectiveness of customs administrations in many developing countries. In the 21st century, a new problem has arisen which is the rise of international terrorism. Usually, these criminal corruption activities will happen at the border points of a country. This is where the criminal operators offer bribes to the customs officials to allow them to smuggle illegal items into the country. This has posed a huge risk to both the internal and international securities of many countries. This paper seeks to investigate the factors that may influence corruption in organizational procedures that occur in Malaysia. Given the importance of government agency and its accountability, internal control and discretionary power, this paper focuses on these factors in the effort to combat corruption, increase moral awareness and narrow the opportunities for corrupt practices. Specifically, this study found that there are significant relationships between the level of accountability, internal control, discretionary power and the perception on corruption. The result also indicated that corruption flourishes in a situation where the accountability of agents to the principal is weak, when agents have low internal control and when the agents have great discretion.
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Savelsberg, Joachim J. « Writing Human Rights History—And Social Science Encounters ». Law & ; Social Inquiry 38, no 02 (2013) : 512–37. http://dx.doi.org/10.1111/lsi.12017.
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This review essay on Aryeh Neier'sThe International Human Rights Movement:A History(Princeton University Press, 2012) discusses Neier's central themes: the origins and maturation of the movement and its effects, including the expansion of human rights and humanitarian law, enhanced criminal accountability for human rights crimes, and the appearance of criminal tribunals, culminating in the International Criminal Court. An overview is interspersed by imaginary conversations between Neier and scholars who speak to his themes, especially legal scholar Jenny Martinez, political scientists Margaret Keck and Kathryn Sikkink, historians Devin Pendas and Tomaz Jardim, and sociologists John Hagan, Daniel Levy, Natan Sznaider, Joachim Savelsberg, and Ryan D. King. Linking a practitioner's account with scholarly analyses yields some benefits of “Pasteur's Quadrant.”
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O'Brien, Melanie. « Sexual Exploitation and Beyond : Using the Rome Statute of the International Criminal Court to Prosecute UN Peacekeepers for Gender-based Crimes ». International Criminal Law Review 11, no 4 (2011) : 803–27. http://dx.doi.org/10.1163/157181211x587661.
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AbstractAllegations and confirmed cases of misconduct by peacekeeping personnel have been revealed by non-governmental organisations, the press and UN investigations. The majority of misconduct has fallen under the term 'sexual exploitation and abuse'. Sexual exploitation and abuse has encompassed rape, sex with minors, trafficking, prostitution-related conduct, sexual exploitation, and other sexual abuse. This article discusses accountability in international criminal law for such conduct, first exploring the development of gender-based crime in international criminal law. The core of this article consists of an examination of the applicable law under the Rome Statute of the International Criminal Court, to determine whether or not the provisions could be used to prosecute peacekeepers for the crimes of rape, sexual slavery, sexual exploitation, prostitution-related conduct, and trafficking. Real life examples of criminal conduct by peacekeeping personnel will be given to test the applicability of the Rome Statute provisions.
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HALLING, MATT. « Push the Envelope – Watch It Bend : Removing the Policy Requirement and Extending Crimes against Humanity ». Leiden Journal of International Law 23, no 4 (22 novembre 2010) : 827–45. http://dx.doi.org/10.1017/s0922156510000397.
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AbstractThis article argues for amending the Rome Statute to remove the state or organizational policy requirement from the classification of crimes against humanity. After a brief look at the requirement itself, the article presents arguments to show how the policy loophole creates an accountability loophole in international criminal law, and how removing it both resolves inconsistencies in the Rome statute and facilitates prosecutions for international crimes. The article's final section examines and responds to leading arguments for keeping the policy requirement. The article is intended to show how the policy requirement limits international criminal law's scope in unwelcome ways and to challenge the use of state or organizational policy as a dividing line between domestic and international crimes.