s.V Modalities, Ch.17 The Two Cultures of International Criminal Law

Rome Statute ◽

International Criminal ◽

Criminal Court ◽

Two Cultures ◽

The Two Cultures

This chapter looks more globally at the methodologies used by international criminal justice, particularly its tendency towards expansionism: including more actors, more situations, and more offences under its umbrella. It does more than simply tell the story of this expansion; this chapter also systematizes it in an important way. The chapter argues that international criminal justice’s expansionism has taken two important forms. The first wave involved a sources-based expansionism, characterized by the field’s desire to expand its influence by increasing the number of legal sources—treaty, custom, general principles—that could be sources of international criminal law. But when that process was largely complete, the passage of the Rome Statute of the International Criminal Court heralded a new, hermeneutic form of expansionism—this one based on interpretation rather than on adding new sources of law. While the hermeneutic expansion is less overt and less recognized than the first wave, its consequences are still dramatic.

Beyond the Juristic Orientation of International Criminal Justice: The Relevance of Criminological Insight to International Criminal Law and its Control A Commentary

International Criminal Law Review ◽

10.1163/157181209x12584562670893 ◽

2010 ◽

Vol 10 (1) ◽

pp. 97-110 ◽

Cited By ~ 5

Author(s):

Dawn Rothe ◽

Christopher Mullins

Keyword(s):

Criminal Justice ◽

Criminal Law ◽

International Criminal ◽

Criminal Court ◽

Deterrent Effect ◽

Crime Commission ◽

Empirical Fact

AbstractThis article draws attention to the relevance of criminological insight on issues of international criminal law and criminal justice. In particular, the ideology and theory of deterrence, legitimacy, and international criminal law are drawn from. After all, the deterrent effect has been touted as a solid empirical fact with the progression and development of 'international criminal justice', the international tribunals since the mid 1990s, and the International Criminal Court. Yet, the current rather blind belief in the deterrent impact of international criminal justice remains, regretfully, a bit premature. Additionally, beyond the concepts of deterrence and legitimacy, criminologists have much to contribute to international criminal justice. As noted, there are social, political, cultural, and geographical issues that play a role in not only crime commission, but in the hindrance of and/or facilitation of deterrence. Criminologists are well positioned to show how these connections may facilitate or hinder the broader goals of the legal community.

Towards Afrotopia: The AU Withdrawal Strategy Document, the ICC, and the Possibility of Pluralistic Utopias

Volume 61 · 2018 - German Yearbook of International Law ◽

10.3790/gyil.60.1.481 ◽

2018 ◽

Vol 60 (1) ◽

pp. 481-513

Author(s):

Dorothy Makaza

Keyword(s):

Criminal Law ◽

Rome Statute ◽

International Criminal ◽

Criminal Court ◽

African Union ◽

Global North ◽

The Relationship

The International Criminal Court could be said to represent the largest utopian project in international criminal justice. Although African States were among the first to ratify the Rome Statute, the African Union Assembly’s adoption of a Withdrawal Strategy Document in January 2017 could have been an indication of a tipping point in the relationship between African States and the International Criminal Court. This article aims to show the irony of utopia amidst the global North/South divide by putting into question the feasibility, legitimacy, and equitability of the utopian project in international criminal law as well as to discuss the proposals within the Withdrawal Strategy Document while shedding light upon the varying contextual backgrounds on which those proposals were made. It challenges international criminal law conceptions of State (non-)compliance and explores the complexities of such classifications by revealing the politics of definition in international criminal law. Finally, the article suggests pluralising the field as a solution and introduces the concept of Afrotopia as part of the puzzle of pluralised utopias.

30. International criminal justice

Brownlie's Principles of Public International Law ◽

10.1093/he/9780198737445.003.0030 ◽

2019 ◽

pp. 645-664

Author(s):

James Crawford

Keyword(s):

Criminal Justice ◽

Criminal Law ◽

International Criminal ◽

Criminal Court ◽

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.

Victims and Reparations in International Criminal Justice: African Initiatives

Nordic Journal of International Law ◽

10.1163/15718107-08804004 ◽

2019 ◽

Vol 88 (4) ◽

pp. 525-557

Author(s):

Juan-Pablo Perez-Leon-Acevedo

Keyword(s):

Criminal Justice ◽

Criminal Law ◽

International Criminal ◽

Criminal Court ◽

Primary Sources ◽

Court Of Justice ◽

Or Practice

Two important African criminal justice initiatives, namely, the Extraordinary African Chambers (eac) and the International Criminal Law Section of the African Court of Justice and Human and Peoples’ Rights (acjhr-icls), illustrate the trend whereby victims can claim and receive reparations at international/hybrid criminal tribunals (icts). The International Criminal Court (icc) started this trend. This article will examine whether the eac and acjhr-icls can contribute to victims’ status as reparations claimants on substantive, procedural and institutional levels. The eac-Statute as applied in Habré and the acjhr-Statute constitute the primary sources of analysis as complemented by inter alia the law and/or practice of the icc, Extraordinary Chambers in the Courts of Cambodia (eccc) and the African Court on Human and Peoples’ Rights (ACtHPR). This article generally finds that the realisation of victims’ right to reparations at the eac and acjhr-icls depends on how normative and implementation deficits and challenges are handled.

Trial and (Potential) Error: Conflicting Visions on Reparations Within the ICC System

International Criminal Justice Review ◽

10.1177/1057567718807542 ◽

2018 ◽

Vol 29 (3) ◽

pp. 221-248 ◽

Cited By ~ 1

Author(s):

Alina Balta ◽

Manon Bax ◽

Rianne Letschert

Keyword(s):

Criminal Justice ◽

Rome Statute ◽

International Criminal ◽

Criminal Court ◽

Court Decisions ◽

Criminal Trials ◽

Conflict Situations ◽

International Criminal Trials

Twenty years ago, the International Criminal Court (hereinafter ICC or the Court) was established holding the aim of placing victims at the heart of international criminal justice proceedings and delivering justice to them through, among others, reparations. Article 75 of the Rome Statute lays out the reparations regime, and, in practice, court-ordered reparations are a means of delivering such justice. Focusing on Court decisions on reparations, our analysis takes stock of all developments before the ICC and attempts to highlight the mismatch between characteristics inherent to the objectives of international criminal trials such as providing accountability and punishment of the accused and delivering justice for victims of mass crimes—the so-called procedural challenges. We also submit that the Court is facing conceptual challenges, related to an apparent misunderstanding of the various concepts at stake: reparations as such and the various modalities and channels of enforcing them. We conclude that although the ICC’s reparation regime may not be the best reparative response to provide justice to victims in conflict situations affected by mass victimization, we suggest that improving the ICC’s approach includes, at a minimum, tackling these challenges.

Rome’s Legacy: Negotiating the Reparations Mandate of the International Criminal Court

International Criminal Law Review ◽

10.1163/15718123-01702002 ◽

2017 ◽

Vol 17 (2) ◽

pp. 351-377 ◽

Cited By ~ 2

Author(s):

Christoph Sperfeldt

Keyword(s):

Criminal Justice ◽

Rome Statute ◽

International Criminal ◽

Legal Framework ◽

Criminal Court ◽

Fresh Perspective ◽

Rules Of Procedure ◽

Victim Reparations

This article examines the negotiations that led to the incorporation of reparations provisions into the legal framework of the International Criminal Court (icc). Building upon a review of the travaux préparatoires and interviews, it traces the actors and main debates during the lead-up to the Rome Conference and the drafting of the Rules of Procedure and Evidence, explaining how and why reparations were included into the Rome Statute. In doing so, the article shows how the reparations mandate was produced at the intersection of a set of different agendas and actors. From this account, it identifies a number of key themes that were at the centre of the negotiations and often galvanised contestations among delegations or with ngos. The article concludes with a fresh perspective on the origin of victim reparations in the Rome Statute and its relevance for understanding many of today’s debates around reparations in international criminal justice.

The Legacy of the ICTY and ICTR in China

AJIL Unbound ◽

10.1017/s2398772300009107 ◽

2016 ◽

Vol 110 ◽

pp. 245-250

Author(s):

Bing Bing Jia

Keyword(s):

Criminal Law ◽

Rome Statute ◽

Ad Hoc ◽

International Criminal ◽

International Criminal Tribunal ◽

Criminal Court ◽

Decision Makers ◽

International Tribunal

Legacy is a matter that may become topical when its creator finally stops producing. Normally, the silent years would be many before the thought of legacy enters into open, formal discourse among lawyers and decision-makers. This comment treats the meaning of the word as relative to the circumstances in which it is invoked. The more closely it is used in relation to the present, the more distant it drifts from its literal meaning, to the extent that it denotes what the word “impact” signifies. This essay questions whether the word “legacy” is apt in describing the footprint of the work of the two ad hoctribunals in China, where its influence has, as a matter of fact, been waning ever since the adoption of the Rome Statute of the International Criminal Court in 1998 (“Rome Statute” ). The Chinese example suggests that the work of the tribunals is (at least so far) no more significant to international criminal law than the illustrious Nuremberg and Tokyo Trials of the 1940s. The most major impact (a more apposite term than legacy) of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Tribunal for Rwanda (ICTR) for China may be that China’s policy with regard to the tribunals, manifested mostly in the United Nations, has determined its approach to the International Criminal Court (“ICC” ). For that, the work of the tribunals could be considered as having left China something in the nature of an indirect legacy.

Part 3 General Principles of Criminal Law: Principes Généraux Du Droit Pénal, Art.27 Irrelevance of official capacity/Défaut de pertinence de la qualité officielle

10.1093/law/9780198739777.003.0032 ◽

2016 ◽

Author(s):

Schabas William A

Keyword(s):

International Law ◽

Criminal Law ◽

Rome Statute ◽

International Criminal ◽

Criminal Responsibility ◽

Criminal Court ◽

Customary International Law ◽

Head Of State

This chapter comments on Article 27 of the Rome Statute of the International Criminal Court. Article 27 consists two paragraphs that are often confounded but fulfil different functions. Paragraph 1 denies a defence of official capacity, i.e. official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall not exempt a person from criminal responsibility under the Statute. Paragraph 2 amounts to a renunciation, by States Parties to the Rome Statute, of the immunity of their own Head of State to which they are entitled by virtue of customary international law. In contrast with paragraph 1, it is without precedent in international criminal law instruments.

Sexual Exploitation and Beyond: Using the Rome Statute of the International Criminal Court to Prosecute UN Peacekeepers for Gender-based Crimes

International Criminal Law Review ◽

10.1163/157181211x587661 ◽

2011 ◽

Vol 11 (4) ◽

pp. 803-827 ◽

Cited By ~ 7

Author(s):

Melanie O'Brien

Keyword(s):

Criminal Law ◽

Rome Statute ◽

International Criminal ◽

Sexual Exploitation ◽

Real Life ◽

Criminal Court ◽

Applicable Law ◽

Gender Based

AbstractAllegations and confirmed cases of misconduct by peacekeeping personnel have been revealed by non-governmental organisations, the press and UN investigations. The majority of misconduct has fallen under the term 'sexual exploitation and abuse'. Sexual exploitation and abuse has encompassed rape, sex with minors, trafficking, prostitution-related conduct, sexual exploitation, and other sexual abuse. This article discusses accountability in international criminal law for such conduct, first exploring the development of gender-based crime in international criminal law. The core of this article consists of an examination of the applicable law under the Rome Statute of the International Criminal Court, to determine whether or not the provisions could be used to prosecute peacekeepers for the crimes of rape, sexual slavery, sexual exploitation, prostitution-related conduct, and trafficking. Real life examples of criminal conduct by peacekeeping personnel will be given to test the applicability of the Rome Statute provisions.

The African Union, the Security Council, and the International Criminal Court

10.1093/oso/9780198810568.003.0009 ◽

2017 ◽

Author(s):

Charles Chernor Jalloh

Keyword(s):

Criminal Justice ◽

Security Council ◽

Rome Statute ◽

International Criminal ◽

Criminal Court ◽

African Union ◽

Post Cold War ◽

History Of

This chapter analyses the controversies surrounding the work of the African Union, the Security Council, and the International Criminal Court. It examines whether the legal justifications offered for the Security Council’s involvement in matters of international criminal justice, as administered by the ICC, match the emerging practice. The chapter reviews the drafting history of the Rome Statute to identify the initial benchmark against which to assess the Chapter VII referral and deferral resolutions and their impacts, if any, on the world’s only permanent international penal tribunal. The chapter situates the ICC within a new post-Cold War global paradigm that is not only concerned with ensuring the collective peace, which is the classical responsibility of the UN, but also ensures that international criminal justice is meted out to at least some of the leaders who foment the world’s worst atrocities.