s.I Actors, Ch.4 The Creation of an AD Hoc Elite: And the Value of International Criminal Law Expertise on a Global Market

2020 ◽  
Author(s):  
Christensen Mikkel Jarle
Keyword(s):  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
Symbolic Capital ◽  
Global Market ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
Short Period ◽  
Management Positions

This chapter focuses on a key actor whose centrality has gone largely unnoticed: the new professional elite within and around the international criminal courts. This elite is composed of individuals who have accumulated high degrees of professional and symbolic capital within international criminal law (ICL) that allow them to shape the discipline itself. This chapter carefully traces the genesis and development of the new professional elite that emerged from four different starting points: legal practice; diplomacy; human rights (in particular NGOs recalibrated towards international criminal justice); and academia. On the basis of this mixed expertise, the ICL elite was characterized by holding management positions in the international criminal courts or building positions in diplomacy, advocacy or academia from where they helped construct (and criticize) the symbolism of this field. While they had crucial impact on the fight against impunity, the analysis also shows that this new elite, in particular those working in the international criminal courts, did not necessarily have high professional value on a broader market of international law and governance, unless they limited investment in ICL to a short period. As such, the elite of ICL is caught between having influence in a field of law that has remained politically controversial and subject to changes, and investing their expertise in other walks of life where it is prone to suffer depreciation.

An Outsider’s View from Inside

2019 ◽  
Vol 17 (1) ◽  
pp. 179-198 ◽  
Author(s):  
Marie-Sophie Devresse ◽  
Damien Scalia
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Criminal Courts

Abstract Acquittal in international criminal law has long been disregarded by the governing bodies of international criminal courts. However, the acquittal exposes constitutive (and constituent) components of this very body of law. The authors draw conclusions from semi-directive interviews with (acquitted and condemned) people tried by the ad hoc tribunals. Their approach creates an opportunity to highlight and comprehend — from the perspective of the acquitted individual — the failures of the functioning of international criminal justice, which is focused on the idea of guilt. Moreover, this research shows how the position of tried individuals affects their perception and acceptance of international criminal law.

scholarly journals International criminal law: Between law and politics

2013 ◽  
Vol 65 (1) ◽  
pp. 42-67
Author(s):  
Dragan Jovasevic
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Humanitarian Law ◽  
Criminal Courts ◽  
Law And Politics

Crimes against international law are committed by violating the rules of international humanitarian law during wars or armed conflicts. The perpetrators of these crimes are under the jurisdiction of international criminal courts (military or civil, permanent or ad hoc). The process of the commission of crimes against international law may comprise several different phases or stadiums. Moreover, such criminal offences rarely appear as the results of only one person?s activities. On the contrary, in numerous cases of these criminal offences, accomplice appears as a form of collective participation of several persons in the commission of one or more crimes against international law. All these facts represent grounds for the specific type of criminal responsibility of the perpetrators of crimes against international law. It is a object of regulation international criminal law about whose characteristics converse this article.

Monetary Compensation as a Remedy for Fair Trial Violations under International Criminal Law

2015 ◽  
Vol 18 (1) ◽  
pp. 71-99 ◽  
Author(s):  
Yahli Shereshevsky
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Fair Trial ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
International Crimes ◽  
Monetary Compensation ◽  
Effective Remedy ◽  
The Right

When international criminal courts face violations of the right to a fair trial, they encounter a dilemma: if they provide a significant remedy, such as a stay of proceedings, the remedy inevitably undermines the ability to punish the perpetrators of international crimes; on the other hand, if they grant a minimal remedy or no remedy at all, the right to a fair trial is undermined. This dilemma has led to the adoption of an interest-balancing approach to remedies. Under this approach, sentence reduction plays a prominent role in remedying fair trial violations that do not undermine the court’s ability to accurately determine the accused’s guilt. This Article argues that sentence reduction is an inadequate remedy, since it inevitably either harms the goals of international criminal sentencing or does not provide an effective remedy for violations of the right to a fair trial. Instead, monetary compensation should be the remedy for such violations. By granting monetary compensation, the court creates a separation between the punishment and the remedy and thus can usually provide an effective remedy for the accused without harming the main goals of international criminal justice.

Corporations before International Criminal Courts: Implications for the International Criminal Justice Project

2016 ◽  
Vol 30 (1) ◽  
pp. 221-240 ◽  
Author(s):  
JOANNA KYRIAKAKIS
Keyword(s):  
Criminal Justice ◽  
International Law ◽  
Criminal Law ◽  
Global Justice ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
African Union ◽  
Criminal Courts

AbstractThe debate over whether the International Criminal Court should have jurisdiction over corporations has persisted over the years, despite the failure of the legal persons proposals at Rome. For its part, the Special Tribunal for Lebanon determined that it has jurisdiction over corporations for the purpose of crimes against the administration of the Tribunal, albeit not for the substantive crimes over which it adjudicates. Most recently, the African Union has adopted a Protocol that, should it come into operation, would create a new international criminal law section of the African Court of Justice and Human and People's Rights with jurisdiction over corporations committing or complicit in serious crimes impacting Africa. In light of the enduring nature of the proposal that international criminal institutions should directly engage with the problem of commercial corporations implicated in atrocity, this article explores the possible implications for the international criminal justice project were its institutions empowered to address corporate defendants and prosecutors emboldened to pursue cases against them. Drawing on the expressive goals of international criminal justice and concepts of sociological legitimacy, as well as insights from Third World Approaches to International Law, the article suggests that corporate prosecutions, where appropriate, may have a redeeming effect upon the esteem in which some constituent audiences hold international criminal law, as a system of global justice. The article's thesis is then qualified by cautionary thoughts on the redemptive potential of corporate prosecutions.

30. International criminal justice

2019 ◽  
pp. 645-664
Author(s):  
James Crawford
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Humanitarian Law ◽  
Criminal Courts ◽  
National Courts

This chapter discusses the development of international criminal law and institutions, international criminal courts and tribunals, and international criminal justice in national courts. These developments respond to but also reflect repeated failures to prevent serious violations of human rights and international humanitarian law. The work of the International Criminal Court, specialized criminal tribunals and ‘hybrid’ tribunals is outlined.

scholarly journals Custom as a Source Under Article 21 of the Rome Statute

2021 ◽  
pp. 1-13
Author(s):  
Amit KUMAR
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
Principle Of Legality

Abstract The adoption of the Rome Statute is a significant moment for international criminal law. Before its formulation, the criminal law was governed by the sources mentioned in their statute or Article 38 of the Statute of the International Court of Justice [ICJ Statute]. Custom is one of the important sources within the ICJ Statute. The ad hoc tribunals applied custom and even formulated certain customs. The formulation of custom is considered as against the principle of legality. To avoid such criticism, the State Parties inserted Article 21 in the Rome Statute. The provision clarifies the law which the court can apply. The parties chose not to include custom explicitly. However, the wordings of the provision indicate that the custom is still a source for the court. Apart from the wording of Article 21, other provisions of the Statute give ample scope for the application of custom.

II Concept, Function, and Sources of International Criminal Law

2021 ◽  
Author(s):  
Ambos Kai
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
International Criminal ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
International Treaty ◽  
Customary International Law ◽  
General Goals ◽  
The One ◽  
Legal Concepts

This chapter lays the conceptual groundwork for the following chapters, and is written in a both philosophical and jurisprudential ink. It starts with a critical analysis of international criminal law as both concept, discipline and placeholder for an anti-impunity agenda. Certain types of crimes are separated into core crimes on the one hand and treaty-based/transnational crimes and supranational crimes on the other hand. The chapter then proceeds along the lines of the jurisprudential foundations of crime, criminal law and punishment. The author advocates for an autonomous punitive power of the international community as the basis of an autonomous international criminal law. Criminalization is based on the protection of fundamental legal interests or the prevention of serious harm. Punishment has an expressive, norm-stabilizing purpose and is intertwined with more general goals of International Criminal Justice. International Criminal Law’s sources range from customary international law over international treaty law to general principles. The DNA of the chapter is thus an amalgamation of comparative legal concepts with the peculiarities of a ius puniendi that lies at the hear of enterprise of international criminal law.

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