s.VI Narratives, Ch.23 Criminal/Enemy

2020 ◽  
Author(s):  
Douglas Lawrence
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Legal Theory ◽  
International Criminal Law ◽  
Legal Tradition ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
History Of ◽  
Fundamental Shift

This chapter argues that the development of the international law of aggression has served to destabilize a dominant narrative based on the distinction between criminal and enemy. The criminal/enemy dyad has long been central to the western legal tradition. By attending to how rival traditions of legal theory have understood the dyad, the chapter illustrates how the criminalization of aggression marks one of the most distinctive developments in the history of international criminal law. This development, however, has proven problematic, as the criminalization of aggression has worked to deconstruct the traditional boundary between criminal and enemy, volatizing the very distinction between war and policing. The criminalization of aggression marks, then, something distinct from simply a growth of international law; it signals a fundamental shift that has left the relations between jus ad bellum and jus in bello in an uncertain state.

The crime of apartheid: genealogy of a successful failure

2019 ◽  
Vol 7 (2) ◽  
pp. 181-214
Author(s):  
Adam Sitze
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Specific Form ◽  
International Criminal Law ◽  
History Of

Abstract This article argues that international criminal law implies a specific form of conscience. It then traces the vicissitudes of that conscience throughout the history of the criminalisation of apartheid in international law. It concludes with three theses about the concept of ‘global apartheid’.

s.VIII Boundaries, Ch.34 Transnational Crimes

2020 ◽  
Author(s):  
Guilfoyle Douglas
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Irreducible Element ◽  
International Criminal Law ◽  
Draft Code ◽  
International Crimes ◽  
Peace And Security ◽  
History Of ◽  
Intrinsic Character

This chapter focuses on transnational crimes. Though these were long part of the international criminal law (ICL) canon, it is only late in the discipline’s history that they became conceived as being something distinct. As such, while this chapter envisages the history of ICL, it also focuses more on the origin of the distinction in the Draft Code of Crimes Against the Peace and Security of Mankind. This distinction, which became quite influential, foregrounded crimes under general international law and crimes of international concern as two separate categories. However, this chapter takes a skeptical view of the distinction, noting the ‘question begging’ character of defining international crimes on the basis of an implicitly accepted notion of what international crimes are. But this is not to say that the attempt at drawing distinctions is fruitless—in fact, it sustains relevant conversations about, for example, the intrinsic character of gravity of various crimes in relation to each other. But, as this chapter shows, it does point to an irreducible element of faith in any act of prioritization.

Stakeholder Applications

2014 ◽  
Vol 14 (4-5) ◽  
pp. 944-968
Author(s):  
Anja Matwijkiw ◽  
Bronik Matwijkiw
Keyword(s):  
International Relations ◽  
International Law ◽  
Rule Of Law ◽  
Criminal Law ◽  
Critical Reflection ◽  
International Criminal ◽  
Legal Theory ◽  
International Criminal Law ◽  
The Rule Of Law ◽  
Separation Thesis

Given that talk about “stakeholders” have become commonplace in international law and international relations, the authors examine some of the issues that arise from an account of the theoretical, jurisprudential, and doctrinal parameters that can be derived from competing frameworks. For the specific purpose of international criminal law, the authors concentrate on the single most important question: whether stakeholder applications constitute advantages or disadvantages in a philosophy of law approach to the rule of law. It appears that current matches with concepts, norms and strategies warrant, as a minimum, more critical reflection. Incorporating stakeholder applications from various UN-documents, the ambiguities and inadequacies of these – in comparison to non-UN alternatives and contemporary legal theory of an idealist and progressive orientation even seem to substantiate arguments against too close affiliations with the trend, especially because the separation thesis recently re-emerged in broad frameworks.

17. International criminal law

2019 ◽  
pp. 439-467
Author(s):  
Gleider Hernández
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Court ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Customary International Law ◽  
Fundamental Shift

This chapter describes international criminal law. International criminal law represented a fundamental shift for international law. Historically, international law regarded accountability and responsibility almost purely through the lens of the State and contained neither substantive rules nor the requisite institutions to prosecute an individual. Today, there exist several institutions, most prominently the International Criminal Court (ICC), which have given shape both to the substance of the crimes themselves and to the method for their effective prosecution. Through international criminal law, the criminal responsibility and liability of individuals, even if acting in groups, are now addressed internationally. There is a category of indisputable ‘core crimes’ under customary international law: genocide, crimes against humanity, war crimes, and aggression. These are helpfully defined in an ICC document called the ‘Elements of Crimes’, which is intended to guide the Court in the interpretation and application of these crimes.

INTERNATIONAL CRIMINAL LAW AND AR (AZERBAIJAN REPUBLIC) LEGISLATION GENOCIDE CRIME AND ITS COMPARATIVE ANALYSIS WITH OTHER INTERNATIONAL CRIMES

2020 ◽  
Vol 53 (04) ◽  
pp. 48-52
Author(s):  
Erkin Humbat Musayev Humbat Musayev ◽  
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Key Words ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
Transnational Crime ◽  
International Criminal Law ◽  
International Crimes

Key words: international law, international criminal law, genocide, war crimes, transnational crime

scholarly journals Pluralism in International Criminal Law

2012 ◽  
Vol 25 (4) ◽  
pp. 847-855 ◽  
Author(s):  
ELIES VAN SLIEDREGT
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Legal Literature ◽  
Fragmentation Of International Law

Fragmentation of international law is a phenomenon that has been discussed ever since the ILC in 2000 decided to add to its programme of work the topic ‘Risks ensuing from the fragmentation of international law’. Koskenniemi, in a paper published in this journal, was one of the first to address fragmentation in legal literature. In 2006, he finalized a voluminous report on ‘Fragmentation of International Law’, providing for means and ways to cope with fragmentation.

scholarly journals Nazi Crimes in Poland. A Never-Ending Search for Justice

2019 ◽  
pp. 142-160
Author(s):  
Hanna Kuczyńska
Keyword(s):  
World War Ii ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
World War ◽  
National Courts ◽  
International Criminal Tribunals ◽  
Efficient Machine

This article deals with the model for prosecuting Nazi crimes committed in Poland in the light of the model presently used in international criminal law. It tries to answer the question: should the investigation of crimes of international law be handed over to transnational tribunals? Should they be hybrid tribunals involving a national factor, or completely supra-national tribunals like the International Criminal Court? Is it legitimate to transfer jurisdiction over these matters to national courts? The case of unpunished Nazi crimes in Poland may give a partial answer to this question. Certainly, various attempts made after World War II, including procedures brought before Polish courts, have contributed to understanding the function of international criminal law, and finding the answer to the question of the best model for prosecuting crimes of international law. At present, we also have the experience of international criminal tribunals, in particular the ICC, which is an efficient machine for prosecuting crimes of international law. Interesting conclusions can be drawn from its functioning that could improve the work of Institute of National Remembrance (IPN) prosecutors, and shed new light on the considerations regarding the prosecution of Nazi crimes in Poland after World War II.

The Transnationalisation of Criminal Law in the Nineteenth and Twentieth Century

2019 ◽  
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
International Criminal ◽  
International Criminal Law ◽  
Security Threats ◽  
International Expert ◽  
Cross Border ◽  
History Of ◽  
Political Crime ◽  
Normative Order

The volume contains nine case studies on the recent history of transnational criminal law, having emerged from current international research projects. The papers cover cross-border political crime and security threats, extradition and expulsion, police cooperation and international expert discussions on social crime and torture. The focus is less on event-historical phenomena, but on transnational legal-political interactions of different actors. The contributions thus analyze the historical development of transnational criminal law as a form of temporally, spatially and legally limited criminal law and security regimes. As a result, the volume shows that the investigated transnationalization of criminal law in the 19th and 20th centuries did not lead to a cohesive normative order, thus offering legal-historical interpretations of current problems of international criminal law.

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