The Iraqi High Criminal Court: controversy and contributions

2006 ◽  
Vol 88 (862) ◽  
pp. 399-425 ◽  
Author(s):  
Michael A. Newton
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Criminal Court ◽  
International Norms ◽  
Legal Basis ◽  
International Forum ◽  
The Rule Of Law ◽  
International Crimes ◽  
Common Purpose ◽  
The Relationship

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.

The Legal Basis for Bilateral and Multilateral Police Deployments

2011 ◽  
Vol 15 (1-2) ◽  
pp. 7-38 ◽  
Author(s):  
James Watson ◽  
Mark Fitzpatrick ◽  
James Ellis
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal Framework ◽  
State Law ◽  
Legal Basis ◽  
The Rule Of Law ◽  
Host State ◽  
Legal Regimes ◽  
Domestic Law

This paper recognises the complexity of the legal framework in which international police deployments take place. The personnel, and often the mission itself, are subject to a number of different legal regimes: international law, host State law and sending State law. After briefly discussing the nature and purpose of overseas police deployments, the paper identifies the legal regimes applicable to such deployments and discusses the significance of international and domestic law to police deployments. Ultimately, this paper argues that compliance with all applicable legal regimes is essential to ensure the rule of law on overseas police deployments.

Introduction

2017 ◽  
Author(s):  
Charles Chernor Jalloh ◽  
Ilias Bantekas
Keyword(s):  
International Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
African Union ◽  
Political Issues ◽  
International Crimes ◽  
The Relationship ◽  
Two Sides ◽  
International Rule

Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent’s early embrace of international criminal justice seems to have taken a new turn with the recent pushback from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This work analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, acting individually or within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have bedevilled the relationship between the two sides and expose the uneasy interaction between international law and international politics.

Gender-Based Violence and the Arms Trade

2020 ◽  
Vol 12 (2) ◽  
pp. 139-155
Author(s):  
Ray Acheson
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Gender Based Violence ◽  
The Rule Of Law ◽  
Arms Trade ◽  
Gender Based ◽  
The Relationship

This article explains gender-based violence (gbv) and the relationship between gbv and the international arms trade. It examines how governments and activists worked together to ensure that the Arms Trade Treaty included a legally binding provision to prevent gbv, and how this provision has been used—or not used—since the Treaty’s adoption in 2013. It also encourages states, arms producers, lawyers, and activists to work to ensure that human lives and wellbeing are prioritised over profits as an imperative to realising the att’s objective and purpose, and to ensuring respect for the rule of law and international law.

Weaving a Tangled Web:Hapeand the Obfuscation of Canadian Reception Law

2008 ◽  
Vol 45 ◽  
pp. 55-96 ◽  
Author(s):  
John H. Currie
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Potential Role ◽  
Supreme Court Of Canada ◽  
Customary International Law ◽  
The Rule Of Law ◽  
Legal Obligations ◽  
Canadian Law ◽  
The Relationship

SummaryThe majority Supreme Court of Canada judgment inHape— a case concerning extraterritorial applicability of theCanadian Charter of Rights and Freedoms— is premised on three aspects of the relationship between international and Canadian law: (1) the interaction of customary international law and Canadian common law; (2) the role of Canada’s international legal obligations inCharterinterpretation; and (3) the potential role of customary international law as a source of unwritten principles of the Canadian Constitution. This article reviews pre-existing law in all three of these areas and analyzes a number of innovations apparently introduced thereto, with little or no explanation, by the majority inHape. It concludes thatHapeseriously exacerbates an already uncertain relationship between international and Canadian law, with fundamental consequences for the rule of law in Canada.

The ICC Prosecutor and Positive Complementarity: Strengthening the Rule of Law?

2013 ◽  
Vol 13 (3) ◽  
pp. 507-591 ◽  
Author(s):  
Justine Tillier
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Organisations ◽  
The Rule Of Law ◽  
International Crimes ◽  
Preliminary Examination

The purpose of this study is to examine the practice of the Prosecutor of the International Criminal Court with regard to his/her policy of positive complementarity. This policy aims at encouraging domestic jurisdictions to investigate and prosecute perpetrators of core international crimes. In order to achieve this goal, the Prosecutor can act at various stages of the proceedings. First at the preliminary examination phase, where he/she will determine if conditions of admissibility are met, and secondly at the investigation and prosecution phases of the proceedings. This study shows that the ability of the Prosecutor to pursue such a policy is real, but limited, as his/her core mandate, is to bring perpetrators of international crimes before the International Criminal Court. Consequently, the implementation of the policy of positive complementarity must be envisioned in collaboration with other actors working on Rule of Law Programs. In this respect, the Prosecutor must engage in cooperation with international organisations and civil society actors.

The Legitimacy of the Afghan Amnesty Law under International Law

2020 ◽  
Author(s):  
Catharina Hübner
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Case Law ◽  
The Rule Of Law ◽  
International Crimes ◽  
State Practice ◽  
Lasting Peace ◽  
Tough Question ◽  
Peace And Reconciliation ◽  
Academic Debate

The continuing importance of amnesties, a form of impunity, is clearly illustrated by the example of Afghanistan. In 2010, the Afghan government announced the entry into force of a blanket and unconditional Amnesty Law. The declared aim of the law was to bring peace to Afghanistan. Whether this aim can be achieved through such a broad amnesty for serious international crimes is a tough question. The first part of this book examines whether the regulations of the Afghan Amnesty Law are compatible with Afghanistan’s (prosecutorial) obligations under international law. The second part makes proposals for a comprehensive peace process in Afghanistan to pave the way for lasting peace and reconciliation, justice and respect for the rule of law. The study analyses international statutes, conventions and documents as well as selected case law, state practice, United Nations practice and the academic debate on amnesties.

scholarly journals ‘Something like the principles of British liberalism’: Ivor Jennings and the international and domestic, 1920–1960

2020 ◽  
Vol 71 (2) ◽  
pp. 157-174
Author(s):  
Martin Clark
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
European Federation ◽  
Legal Change ◽  
The Rule Of Law ◽  
System Part ◽  
Post War ◽  
International Interactions ◽  
The Relationship

While the relationship between domestic and international law provoked constant debate among European jurists in the interwar years, British thinking is remembered as orthodoxly dualist and practice-focused. Complicating this narrative, this article revisits W Ivor Jennings’ work, arguing that the domestic and international were central to his understandings of interwar legal change in the imperial and international communities. Part 1 examines Jennings’ seemingly forgotten 1920s works, which analysed constitutional and international interactions within the rapidly changing imperial system. Part 2 explores Jennings’ turn to international and domestic forms of the rule of law in the lead-up to war, emphasising their British liberal heritage. Part 3 shows how these conceptions, and their imperial connections, echoed in Jennings’ post-war projects: a European federation modelled on the empire; and lectures to decolonising states. This reveals both new angles to Jennings’ work and the importance of the domestic and international for constitutional legacies of empire.

scholarly journals President Trump Authorizes Economic Sanctions and Visa Restrictions Aimed at International Criminal Court

2020 ◽  
Vol 114 (4) ◽  
pp. 775-778
Keyword(s):  
Rule Of Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Family Members ◽  
Economic Sanctions ◽  
Criminal Court ◽  
Executive Order ◽  
The Rule Of Law ◽  
International Crimes ◽  
Trump Administration

In the spring of 2020, the Appeals Chamber of the International Criminal Court (ICC) authorized the ICC's prosecutor to investigate alleged international crimes committed in Afghanistan. The Trump administration strongly condemned this decision. In an escalation of retaliatory measures against the ICC, President Trump signed an executive order authorizing economic sanctions against foreign persons involved in the investigation and visa restrictions against those persons and their immediate family members. The ICC described these actions as a threat to the rule of law.

Arab States and the Role of Islam in the International Criminal Court

2005 ◽  
Vol 53 (1) ◽  
pp. 143-161 ◽  
Author(s):  
Steven C. Roach
Keyword(s):  
International Law ◽  
Cultural Adaptation ◽  
International Criminal ◽  
Islamic Law ◽  
Criminal Court ◽  
State Repression ◽  
International Crimes ◽  
Arab States ◽  
The Relationship

This article assesses the various disagreements between Arab and western states that surfaced at the 1998 Rome Conference and Preparatory Commission. It also discusses the relationship between state repression and cultural adaptation by examining the undeveloped domestic criminal systems of Arab states and the ambiguous role played by shariah (Islamic law) in the constitutions of many of them. It argues two main points: that more mutual accommodation will be needed to resolve these and future conflicts between Islamic and international law; and that such conflicts between the ICC and Arab states expose the need for further cultural adaptation to the ICC Statute. It is out of this process of cultural adaptation that the relationship between Islam and serious international crimes will evolve.

Legitimacy

2019 ◽  
Keyword(s):  
International Law ◽  
The State ◽  
State Sovereignty ◽  
International Courts ◽  
The Rule Of Law ◽  
State Legitimacy ◽  
The Relationship ◽  
Supranational Institutions

This collection brings together scholars of jurisprudence and political theory to probe the question of ‘legitimacy’. It offers discussions that interrogate the nature of legitimacy, how legitimacy is intertwined with notions of statehood, and how legitimacy reaches beyond the state into supranational institutions and international law. Chapter I considers benefit-based, merit-based, and will-based theories of state legitimacy. Chapter II examines the relationship between expertise and legitimate political authority. Chapter III attempts to make sense of John Rawls’s account of legitimacy in his later work. Chapter IV observes that state sovereignty persists, since no alternative is available, and that the success of the assortment of international organizations that challenge state sovereignty depends on their ability to attract loyalty. Chapter V argues that, to be complete, an account of a state’s legitimacy must evaluate not only its powers and its institutions, but also its officials. Chapter VI covers the rule of law and state legitimacy. Chapter VII considers the legitimation of the nation state in a post-national world. Chapter VIII contends that legitimacy beyond the state should be understood as a subject-conferred attribute of specific norms that generates no more than a duty to respect those norms. Chapter IX is a reply to critics of attempts to ground the legitimacy of suprastate institutions in constitutionalism. Chapter X examines Joseph Raz’s perfectionist liberalism. Chapter XI attempts to bring some order to debates about the legitimacy of international courts.

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