The Future of International Criminal Law

2012 ◽  
pp. 579-590
Author(s):  
Robert Cryer ◽  
Hakan Friman ◽  
Darryl Robinson ◽  
Elizabeth Wilmshurst
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
The Future

The Grammar of Criminal Law

2019 ◽  
Author(s):  
George P. Fletcher
Keyword(s):  
United States ◽  
International Cooperation ◽  
Criminal Law ◽  
International Criminal ◽  
The United States ◽  
International Order ◽  
International Criminal Law ◽  
Self Interest ◽  
The Future

This book is an invitation to readers interested in the future of international cooperation to master the 12 basic dichotomies of international criminal law. The book foresees a growing interest in international order and cooperation following the current preoccupation, in Europe as well as the United States, with national self-interest. By emphasizing basic dichotomies, for example, acts vs. omissions and causation vs. background conditions, the book reinforces the jurisprudential foundations of international criminal law and also provides an easy way to master the details of the field.

Conclusion

2020 ◽  
pp. 175-186
Author(s):  
Sean Fleming
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
New Technologies ◽  
Thomas Hobbes ◽  
The State ◽  
International Criminal Law ◽  
State Responsibility ◽  
The Future ◽  
International Responsibility

This concluding chapter summarizes the implications of the Hobbesian theory of state responsibility and then looks to the future. There are three ongoing trends that are likely to alter both the nature and the scope of state responsibility: the development of international criminal law, the proliferation of treaties, and the replacement of human representatives with machines and algorithms. Although the practice of holding individuals responsible for acts of state might seem to render state responsibility redundant, the rise of international criminal law will not lead to the decline of state responsibility. The two forms of international responsibility are complementary rather than competitive. If anything, the domain of state responsibility will continue to expand in the coming decades because of the proliferation of treaties. New technologies pose the greatest challenge to current understandings of state responsibility. Thomas Hobbes' theory of the state, which is mechanistic to begin with, is well suited to the emerging world of mechanized states.

scholarly journals Strengthening the Effectiveness of International Criminal Law through the Principle of Legality

2017 ◽  
Vol 17 (4) ◽  
pp. 656-681
Author(s):  
Joanna Nicholson
Keyword(s):  
Criminal Law ◽  
Gold Standard ◽  
International Criminal ◽  
International Criminal Law ◽  
Criminal Courts ◽  
The Past ◽  
The Future ◽  
Constituent Elements ◽  
Principle Of Legality

The principle of legality is an integral part of international criminal law (icl). International criminal courts and tribunals (iccts) have applied a ‘soft’ version of legality that has seldom operated as a meaningful curb upon their decisions. This article argues that, as the field of icl continues to mature and develop, its legitimacy and effectiveness would be enhanced if iccts applied a stricter version of legality. It explores the constituent elements of the principle- the doctrines of non-retroactivity, specificity, foreseeability and strict construction- examining how they have been applied in the past and suggesting ways to apply them in the future. The article argues that iccts should strive to set the gold standard when it comes to adherence to the principle of legality. This has the benefit of better protecting the rights of the accused, thereby ensuring a more effective and legitimate system of law.

Conclusions: The Future of International Criminal Law

2012 ◽  
pp. 446-455
Author(s):  
Robert Cryer ◽  
Hakan Friman ◽  
Darryl Robinson ◽  
Elizabeth Wilmshurst
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
The Future

Julius Stone, Aggression, and the Future of the International Criminal Court

2018 ◽  
Vol 18 (2) ◽  
pp. 304-330
Author(s):  
Alexis Galán
Keyword(s):  
Criminal Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Current Regulation ◽  
The Future ◽  
Controversial Topic

The article is concerned with the crime of aggression, the long and contested history behind its regulation, the final incorporation in the Rome Statute, and the implication of the regulation for the standing of the international criminal court. In order to explain and understand the struggle over aggression, the article recovers the writings of Julius Stone. It is contended that his writings can not only help us in understanding the key elements that have made aggression a highly controversial topic in international criminal law but also in comprehending the underlying features of the current regulation. Drawing on Stone’s account of justice, the article further suggests that, in light of the position in which the court finds itself, it should approach the crime of aggression with modesty and self-restrain.

scholarly journals Asia’s Reticence Towards Universal Jurisdiction

2016 ◽  
Vol 4 (1) ◽  
pp. 54
Author(s):  
Xing Yun
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Fundamental Principle ◽  
Universal Jurisdiction ◽  
International Criminal Law ◽  
Essential Tool ◽  
The Future

Universal jurisdiction is often heralded as an essential tool in the global fight against impunity. For a principle that contains the word “universal” in its name, it is striking though, perhaps unsurprising to discover that only two Asian states have ever exercised it. This paper goes on to provide some context for the Asian experience, positing a few indigenous explanations for Asia’s ambivalence towards this fundamental principle of international criminal law. It will be shown that unlike other areas of international law, Asia cannot hide behind the usual excuse of “refusing to play by Western rules”. The paper concludes by arguing that Asia should take up the unique opportunity it has to shape the future of international criminal law.

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