scholarly journals The Possibilities of Global Migration Law

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 3-7
Author(s):  
Peter J. Spiro
Keyword(s):  
International Law ◽  
International Criminal ◽  
Expert Knowledge ◽  
Full Range ◽  
International Criminal Law ◽  
Private International Law ◽  
Public International Law ◽  
Global Migration ◽  
Migration Law ◽  
The U.S

When I started teaching international law more than twenty years ago, it was still possible to be an international law generalist. In the U.S. legal academy, the likes of Henkin, Schachter, Franck, and McDougal covered the full range of public international law subjects. (Some even managed to stay on top of private international law, too.) Today, being an international law generalist is impractical; it's simply too difficult to keep current with the breadth of international law. From the scholar's perspective, it's a case of “be careful what you wish for.” A generalist international law orientation used to be possible because there was so little of it, both on the ground and in the scholarship. Those mid-century saplings—the various distinctive fields within international law—have grown to mature oaks, and expert knowledge of their many crevices and branches is beyond the capacity of any single observer. Not only does international law defy individual mastery, but the level of specialization now makes it difficult to talk across these different areas. My colleague in international criminal law might as well be a domestic family law person for purposes of professional points of connection. We both attend the ASIL Annual Meeting, but we no longer really speak the same language.

scholarly journals Short Analysis of Klaus Barbie and Jean-Pierre Bemba Gombo in Pointing out of the Responsability of Natural Persons for International Crimes

2020 ◽  
Vol 8 (2) ◽  
pp. 56-67
Author(s):  
Dumitrita Florea
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Liability ◽  
International Criminal Law ◽  
Private International Law ◽  
Foreign National ◽  
Public International Law ◽  
Legal Norms ◽  
International Crimes

In international law doctrine carried on extensive talking and still it is a actual subject, if the individual is liable of responsability and, implied, of sanction for international crimes. Before to reveal some aspects of natural persons responsability for international crimes a couple of clarifications is required. Thus, we recall that the first author which use the term international criminal law was Jeremy Bentham, who distinguished between the criminal law of the community of states and the criminal law of a state. Over time, legal doctrine has extrapolated the concept of legal relationships with an international element, making the distinction between public international law and private international law. If criminal law is a branch of public law, then international criminal law becomes a sub-branch of international law, regulating criminal legal relationships with an international element. In other words, referring to private international law, we specify that it represents the totality of legal norms that resolve conflicts of laws or conflicts of jurisdiction and those regarding the legal status of the foreign national. In this context, the international element appears as a factual circumstance related to a legal relationship due to which this relationship is related to several legal systems (or laws belonging to different countries). With regard to international criminal law, we specify that this is a branch of public international law and designates the set of legal norms stipulated in various conventions and treaties by which states, in their capacity as subjects of law, order the repression of illicit acts that infringe fundamental rights of the international community. In other words, international criminal law consists of rules of general international law that govern the criminal liability of natural persons, individuals, for acts that harm international public order and constitute crimes against humanity.

When the Child Surpasses the Father – Admissible Defences in International Criminal Law

2008 ◽  
Vol 8 (3) ◽  
pp. 509-532 ◽  
Author(s):  
Caroline Fournet
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Judicial System ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Public International Law ◽  
International Crimes ◽  
Individual Criminal Responsibility

AbstractDue to the heinous nature of international crimes, admissible defences in the context of international criminal justice understandably constitute an issue surrounded with controversy. Yet, while International Criminal Law precludes the use of a series of defences, it also admits that certain grounds may exclude individual criminal responsibility or mitigate punishment even in the case of the most serious international crimes. The present study thus proposes to analyse the permissibility of these defences and the availability of such grounds for excluding responsibility by drawing a comparison between Public International Law and International Criminal Law and by highlighting the differences and discrepancies between the two systems. Ultimately, this analysis aims at demonstrating that International Criminal Law, one of Public International Law's children, has now surpassed its parent to become a more sophisticated and a fairer legal and judicial system, for both the defendants and the victims.

Legal, Political and Ethical Dimensions of Drone Warfare under International Law: A Preliminary Survey

2012 ◽  
Vol 12 (4) ◽  
pp. 697-720 ◽  
Author(s):  
Geert-Jan Alexander Knoops
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Preliminary Survey ◽  
Legal Regime ◽  
Lethal Force ◽  
Drone Warfare ◽  
The U.S

This article delves into the advent of drone warfare and the international (criminal) law, political and ethical dimensions thereof. Fundamental questions to be addressed in this article are: who is accountable if decisions leading to lethal force are left up to computers? And under what legal regime may lethal forces by drones been administered? The U.S. policy, advocating that drone attacks are permissible under international and U.S. law, is outlined; as are the pitfalls of this policy. The implications of CIA operatives carrying out drone attacks are assessed. Finally, political and ethical dimensions of drone attacks will conclude this article.

The impact of international criminal law and the ICC on national constitutional arrangements

2015 ◽  
Vol 4 (2) ◽  
pp. 227-253
Author(s):  
RUPERT ELDERKIN
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
National Sovereignty ◽  
Public International Law ◽  
The Impact

AbstractInternational criminal law (ICL) developed in large part from international humanitarian law during the mid-to-late twentieth century. The International Criminal Court (ICC), a permanent institution to investigate and prosecute ICL cases finally was established in 2002. Although widely supported, certain states feared that the ICC would diminish national sovereignty. Yet, in formal legal terms, ICL and the ICC’s Rome Statute are just like other branches of public international law in terms of their relationship with national constitutional arrangements. ICL does not challenge states’ primary executive and judicial powers; it does not introduce any general rights for citizens or particularly onerous obligations for states that are already subject to the rule of law; and its intrusion on national sovereignty is only in evidence when a state’s leaders either are responsible for atrocities or are incapable of protecting their citizens from such atrocities. ICL thus is very different from international human rights law (IHRL), which directly impacts national constitutional arrangements. When ICL does come into play, however, arguably it may perform quasi-constitutional functions, in particular offering the only means under public international law to remove state officials from office when they are believed responsible for the most harmful abuses of power.

scholarly journals Critique of the International Legal Regime Applicable to Terrorism

2016 ◽  
Vol 2 (1) ◽  
pp. 21-36
Author(s):  
Nabil Mokaya Orina
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Critical Analysis ◽  
International Criminal ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Regime ◽  
Public International Law ◽  
Refugee Law

Terrorism is a global phenomenon that permeates state borders and predominantly causes immeasurable suffering to civilians. The need for international cooperation and concerted efforts in combating terrorism cannot be gainsaid. Already, sectoral instruments have been passed to regulate certain aspects of terrorism. However, without a single terrorism specific instrument, acts of terrorism generally classified will fall under spheres of international law which include; public international law, international criminal law, international humanitarian law, human rights and refugee law. This paper makes a critical analysis of these spheres of international law and how they apply to states’ counter-terrorism efforts.

International criminal procedure and its participants: an examination of the interaction of judges, prosecutor and defence at the Yugoslav Tribunal

2002 ◽  
Vol 5 ◽  
pp. 219-252
Author(s):  
Christoph J. M. Safferling
Keyword(s):  
International Law ◽  
International Conflict ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Point Of View ◽  
International Criminal Law ◽  
Criminal Prosecution ◽  
Public International Law ◽  
Judicial Intervention

More than ten years have passed since the establishment of the International Criminal Tribunal for the Former Yugoslavia (ICTY) on 25 May 1993. What was perceived then as being quite a scandalous step has come to seem somewhat normal both for international and criminal lawyers. The creation of the International Tribunal was a surprising move mainly for three reasons. First, from a public international law point of view, the UN Charter does not explicitly authorise anything like a ‘judicial intervention’ as a possible means to react to an international conflict and establish peace and security. Second, given that international criminal law at that time was hardly codified, the legality of prosecutions was questioned in view of the principlenullum crimen sine lege. Third, the procedural system of an international criminal prosecution was unclear.The shock concerning the first problem was reduced by the establishment of the International Criminal Tribunal for Rwanda (ICTR) shortly thereafter, and was later overcome by institutionalising ‘judicial intervention’ by Article 13(b) of the Statute of the International Criminal Court (ICC). The second problem was solved by the first judgment of the Appeals Chamber of the ICTY itself.

International Criminal Law and International Criminal Justice

2018 ◽  
Author(s):  
Kai Ambos ◽  
Alexander Heinze
Keyword(s):  
Criminal Justice ◽  
International Law ◽  
Criminal Law ◽  
Justice System ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Public International Law ◽  
Individual Criminal Responsibility

International Criminal Justice is a controversial concept, and there is a burgeoning body of literature on its exact contours. Understood broadly, the term “international criminal justice” covers a broad category, integrating international criminal law (ICL) within an overarching interdisciplinary enterprise also “incorporating philosophical, historical, political and international relations, sociological, anthropological and criminological perspectives” (Roberts, 2007). International criminal law consists, at its core, of a combination of criminal law and public international law principles. The idea of individual criminal responsibility and the concept of prosecuting an individual for a specific (macrocriminal) act are derived from criminal law, while the classical (Nuremberg) offenses form part of (public) international law and thus the respective conduct is directly punishable under ICL (principle of direct individual criminal responsibility in public international law). The dualistic base of international criminal law is also reflected in the reading of the mandates of the international criminal tribunals; one can either take a “security, peace, and human rights”–oriented approach or a “criminal justice”–oriented approach, either of which may entail a paradoxical goal or purpose ambiguity of international criminal law. In any case, the strong grounding in criminal law, together with the actual enforcement of international criminal law by way of international criminal proceedings and trials, converts international criminal law into criminal law on a supranational level and thus entails the full application of the well-known principles of liberal, post-enlightenment criminal law, in particular the principles of legality, culpability, and fairness. These principles constitute the minimum standard of any criminal justice system based on the rule of law and thus must also apply in an international criminal justice system. The adoption of the Rome Statute of the International Criminal Court (ICC) in 1998 and the effective establishment of the Court in 2002 have led to an institutionalization of international criminal law, turning the page on ad hoc imposition in favor of a treaty-based universal system. In addition, the Rome Statute provides for the first codification of international criminal law, with a potentially universal reach. Therewith, international criminal law was not only united into a single penal system of the international community, but it was also extended beyond its fundamental core areas of substantive and procedural law into other branches of criminal law (law of sanctions, enforcement of sentences, and judicial assistance).

International Law

2019 ◽  
Author(s):  
Gleider Hernández
Keyword(s):  
International Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Public International Law ◽  
Refugee Law ◽  
International Economic Law ◽  
Law Of Armed Conflict ◽  
The Subject ◽  
The Law ◽  
Contemporary Account

International Law presents a comprehensive approach to the subject, providing a contemporary account of international law. The text offers critical and stimulating coverage of the central issues in public international law, introducing the key areas of debate. It encourages readers to engage with areas of legal debate and controversy and consider how they affect the world today. Topics covered include: the structure of international law; the subjects within the field of international law; international law in operation; international disputes and responses to breaches in international law; and specialized regimes, which includes the law of armed conflict, refugee law, international criminal law, the law of the sea, the environment and protection, and international economic law.

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