INTERNATIONAL CRIMINAL COURTS ROUND-UP

2009 ◽  
Vol 12 ◽  
pp. 233-262
Author(s):  
David Turns ◽  
Carnero Rojo ◽  
Julieta Solano McCausland ◽  
Aleks Bojovic
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Criminal Courts

AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Extraordinary Chambers in the Courts of Cambodia.

INTERNATIONAL CRIMINAL COURTS ROUND-UP

2008 ◽  
Vol 11 ◽  
pp. 255-372 ◽  
Author(s):  
Amna Guellali ◽  
Enrique Carnero Rojo
Keyword(s):  
Sierra Leone ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Criminal Courts

AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.

INTERNATIONAL CRIMINAL COURTS ROUND-UP

2007 ◽  
Vol 10 ◽  
pp. 133-197
Author(s):  
Amna Guellai ◽  
Enrique Carnero Rojo
Keyword(s):  
Sierra Leone ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Criminal Courts

AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.

INTERNATIONAL CRIMINAL COURTS ROUND-UP

2006 ◽  
Vol 9 ◽  
pp. 311-361 ◽  
Author(s):  
Enrique Carnero Rojo ◽  
Maria Nybondas
Keyword(s):  
Sierra Leone ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Criminal Courts

AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.

Judicial Lawmaking, Discourse Theory, and the ICTY on Belligerent Reprisals

2011 ◽  
Vol 12 (5) ◽  
pp. 1261-1278 ◽  
Author(s):  
Milan Kuhli ◽  
Klaus Günther
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Individual Case ◽  
Criminal Court ◽  
Discourse Theory ◽  
Criminal Courts ◽  
Normative Expectations ◽  
Judicial Lawmaking ◽  
The Individual

Without presenting a full definition, it can be said that the notion of judicial lawmaking implies the idea that courts create normative expectations beyond the individual case. That is, our question is whether courts' normative declarations have an effect which is abstract and general. Our purpose here is to ask about judicial lawmaking in this sense with respect to international criminal courts and tribunals. In particular, we will focus on the International Criminal Tribunal for the Former Yugoslavia (ICTY). No other international criminal court or tribunal has issued so many judgments as the ICTY, so it seems a particularly useful focus for examining the creation of normative expectations.

Individual Criminal Responsibility before the International Criminal Court

2012 ◽  
Vol 12 (1) ◽  
pp. 1-70 ◽  
Author(s):  
Barbara Goy
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Individual Criminal Responsibility

For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the jurisprudence of the ICTY/ICTR – as an expression of international law – can assist in interpreting the modes of liability under the ICC Statute. ICTY/ICTR case law seems to be most helpful with regard to accessorial forms of liability, in particular their objective elements. Moreover, it may assist in interpreting the subjective requirements set out in Article 30 ICC Statute.

scholarly journals Thousands on the stand: Exploring trends and patterns of international witnesses

2019 ◽  
Vol 32 (4) ◽  
pp. 819-836
Author(s):  
Gabriele Chlevickaite ◽  
Barbora Hola ◽  
Catrien Bijleveld
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Complex Interaction ◽  
Criminal Courts ◽  
Witness Testimony ◽  
General Overview ◽  
Judicial Efficiency ◽  
Situational Contexts

AbstractThe international criminal courts and tribunals have heard thousands of witnesses in cases of extreme complexity and breadth. Their evidentiary record is overwhelming, with live witness testimony standing out as one of its defining features. Keeping in mind the arguments and policies of judicial efficiency and fairness, this article empirically examines the trends and patterns in viva voce witness numbers at the International Criminal Tribunal for the Former Yugoslavia (ICTY), for Rwanda (ICTR), and the International Criminal Court (ICC). We observe clear differences between institutions and individual cases, and discuss the underlying reasons for such divergences. As well as providing a general overview, we demonstrate the complex interaction between case-related characteristics, institutional and situational contexts, and the number of witnesses called at trial.

Reparation to Victims of Sexual Violence: Possibilities at the International Criminal Court and at the Trust Fund for Victims and Their Families

2007 ◽  
Vol 20 (1) ◽  
pp. 207-237 ◽  
Author(s):  
ANNE-MARIE DE BROUWER
Keyword(s):  
Sexual Violence ◽  
Restorative Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Special Focus ◽  
Trust Fund ◽  
Female Survivors

In this contribution the reparation possibilities for victims of sexual violence at the Inter-national Criminal Court and at the Trust Fund for Victims and their families are explored. This is done by explaining first of all why victims of sexual violence – and especially women – are in urgent need of reparation during and after conflict, with a special focus on the situation of female survivors of sexual violence in Rwanda. The reparation possibilities for victims of sexual violence at the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda are subsequently discussed, followed by a similar discussion with regard to the ICC. Questions such as the nature of the best forms of reparation for victims of sexual violence and at what point they are made are also dealt with. Although the ICC reparations regime offers in theory a good means of providing restorative justice to victims of sexual violence, it is important that the special concerns and needs of such victims are not easily overlooked by the Court and that swift action is taken by the Trust Fund for Victims and their families to address their plight.

The Legitimacy of International Criminal Tribunals and the Current Prospects of International Criminal Justice

2012 ◽  
Vol 25 (2) ◽  
pp. 491-501 ◽  
Author(s):  
ANTONIO CASSESE
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
The Other ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
Complex Concept ◽  
International Criminal Tribunals

AbstractHaving identified the differences between the concept of legality and the much more complex concept of legitimacy, the author scrutinizes the legality and the legitimacy of the existing international criminal tribunals. Their legality has been put in doubt only concerning the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Tribunal for Lebanon (STL), but the criticisms have been or could be overcome. Assessing the legitimacy of these tribunals is instead a more difficult task. In fact, misgivings have been voiced essentially concerning the legitimacy of the ICTY and the STL, but not the International Criminal Court (ICC) and the other international criminal courts. The legitimacy of the STL in particular deserves to be discussed: even assuming that the STL initially lacked some forms of legitimacy, it could achieve it – or confirm it – through its ‘performance legitimacy’. The author then suggests what the realistic prospects for international criminal justice are. Convinced as he is that it is destined to flourish even more, he tries to identify the paths it is likely to take in future years.

To What Degree is the Concept of Extended Joint Criminal Enterprise Coherent? A Discussion with Regard to the International Criminal Tribunal of the Former Yugoslavia

2015 ◽  
Vol 79 (4) ◽  
pp. 270-279
Author(s):  
Christopher Cowley
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Criminal Enterprise ◽  
Extended Form ◽  
Joint Criminal Enterprise

Joint Criminal Enterprise (JCE) is a mode of liability designed to capture the individual’s relationship to a crime committed by a group, including—in its ‘extended form’, also known as JCE III—crimes committed by other individuals in that group that were foreseen as possible, even if not likely. Although the ICTY made no mention of JCE in its statutes, the court introduced JCE and extended JCE in the Tadić case (1999). This article examines the use of the concepts and defends them against complaints by various critics. It concludes by supporting their use in the International Criminal Court.

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