scholarly journals Gender and Armed Conflict

2014 ◽  
Author(s):  
Christine Chinkin
Keyword(s):  
Armed Conflict ◽  
Ad Hoc ◽  
International Criminal ◽  
Legal Framework ◽  
United Nations Security Council ◽  
Legal Order ◽  
Feminist Activism ◽  
International Criminal Tribunals ◽  
International Legal Order ◽  
Gender Specific

This chapter examines the gender-specific harms suffered by women in armed conflict and the international legal framework for responding to them. It discusses how rape and other forms of sexual assault against women during armed conflict have become visible and acquired higher priority within the international legal order since the early 1990s because of feminist activism and intervention. This chapter also highlights legislative and jurisprudential developments that contributed to the increased protection of women during armed conflict. These include the creation of thead hocinternational criminal tribunals, the United Nations Security Council resolutions on ‘women, peace and security’, and the International Tribunal for the former Yugoslavia.

scholarly journals The Classification of Armed Conflicts by International Criminal Courts and Tribunals

2020 ◽  
Vol 20 (4) ◽  
pp. 595-668
Author(s):  
Rogier Bartels
Keyword(s):  
Armed Conflict ◽  
Ad Hoc ◽  
International Criminal ◽  
Legal Framework ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Classification Problems ◽  
Criminal Courts ◽  
Comprehensive Overview ◽  
Scope Of Application

This article analyses how international criminal courts and tribunals have pronounced on the contextual elements of their respective war crimes provisions. A comprehensive overview of the way these institutions treated the material scope of application of ihl shows that the ad hoc tribunals tended to avoid classification as either international or non-international armed conflict​, and merely found that a generic ‘armed conflict’ existed at the relevant​ time. The icc shows a tendency to classify situations as non-international armed conflicts without considering whether the situation concerned may instead (or at the same time) qualify as an international armed conflict. Non-international​ armed conflict is often, mistakenly, treated as a residual regime. Incorrect conflict classification may​ affect ihl’s scope of application, and negatively impact on an accused’s fair trial​ rights under international criminal law. The author proposes a fresh look at the​ icc’s legal framework to solve conflict classification​ problems.

scholarly journals THE GENESIS AND CRITICS OF THE PROSECUTORS AMICUS CURIAE IN INTERNATIONAL LAW

2020 ◽  
Vol 24 (4) ◽  
pp. 1187-1204
Author(s):  
Ekaterina A. Kopylova
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Legal Framework ◽  
Criminal Court ◽  
Central Component ◽  
Amicus Curiae ◽  
Criminal Proceedings ◽  
International Criminal Tribunals ◽  
Administration Of Justice

The article traces in detail the origins of the prosecutor amicus curiae in the practice of the International Criminal Tribunal for the Former Yugoslavia. This mechanism will subsequently be endorsed by all the ad hoc international criminal tribunals. It is noted that their emergence is the result of an unsuccessful experience in prosecuting offences against the administration of justice by the Tribunal under the previous legal framework. It is also stressed that, despite its effectiveness, the prosecutor amicus curiae mechanism cannot constitute the central component of the policy of prosecuting such acts and that, at this stage, it may even be considered an obstacle to its formation, given the occasional nature of the prosecutor amicus curiaes intervention in the international criminal proceedings and lack of continuity. As an alternative, it is proposed to establish a special independent organ - the Prosecutor for the offences against the administration of justice - in the international criminal tribunals, including the International Criminal Court.

International legal immunities and privileges of the Рrosecutor amicus curiae

2020 ◽  
Vol 22 (3) ◽  
pp. 55-63
Author(s):  
EKATERINA A. KOPYLOVA ◽  
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Legal Regulation ◽  
Criminal Court ◽  
International Treaties ◽  
Amicus Curiae ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
International Criminal Tribunals ◽  
Foreign Science

The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.

Contemporary International Tribunals

2017 ◽  
Author(s):  
Antonio Augusto Cançado Trindade Trindade
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Case Law ◽  
Nuclear Disarmament ◽  
International Human Rights ◽  
International Criminal Tribunals ◽  
The Icj ◽  
The Common ◽  
International Human ◽  
International Tribunals

In the course of 2016, international human rights tribunals (ECtHR, IACtHR and ACtHPR) kept on making cross-references to each other’s case-law, as well as to that of other international tribunals. The same has taken place on the part of international criminal tribunals (ICC and ICTFY), at a time of special attention to the preservation of the legacy of the ad hoc tribunals (ICTFY and ICTR). One could have expected the same from the ICJ, as to the case-law of other international tribunals, in its recent decisions in the cases concerning the Obligation of Nuclear Disarmament (2016), keeping in mind the common mission (of realization of justice) of contemporary international tribunals from an essentially humanist outlook.

Contemporary International Tribunals

2018 ◽  
Author(s):  
Antônio Augusto ◽  
Cançado Trindade
Keyword(s):  
Human Rights ◽  
International Law ◽  
Ad Hoc ◽  
International Criminal ◽  
International Human Rights ◽  
International Criminal Tribunals ◽  
International Human ◽  
International Tribunals ◽  
Cross Fertilization

More recently, jurisprudential cross-fertilization has kept on being pursued in particular by international human rights tribunals and international criminal tribunals. This is reassuring, as, despite their distinct jurisdictions, their work is complementary, in their common mission of imparting justice, in distinct domains of international law. Jurisprudential cross-fertilization fosters cohesion and the unity of law. Particularly attention is currently devoted to the preservation of the legacy of the ad hoc international criminal tribunals.

ICC POLICY ON CHILDREN: OVERVIEW

2017 ◽  
Author(s):  
Katarina Bebiya ◽  
Keyword(s):  
Armed Conflict ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Practical Significance ◽  
Criminal Prosecution ◽  
International Crimes ◽  
Preliminary Examination ◽  
Essential Components ◽  
The Impact

The article examines the basics of the International Criminal Court (ICC) Prosecutor's activity concerning children, set out in a document entitled "Policy on Children" issued in 2016 (hereinafter - Policy). The Policy has made a significant contribution to the development of international criminal prosecution of persons responsible for harming children during an armed conflict or a situation of violence. The ICC's policies and practice primarily consider the interests of children who have been victims of international crimes or who interact with the ICC as witnesses. The author draws attention to the fact that the Policy reflects the personal jurisdiction of the ICC, according to which the Court prosecutes only persons who have reached 18 years. Therefore, younger children involved in international crimes are considered victims of the ICC regardless of their motives. The author demonstrates how the essential components of international criminal justice - complementarity and promotion of the interests of victims - find their practical significance in the Policy. These principles are fundamental at the stage of the ICC's preliminary examination of a situation where the Prosecutor takes special care to assess the impact of a particular context of armed conflict or violence on the rights and interests of children. It is crucial to respect the interests of the child at the stage of investigation when the Court interacts with children victims and children witnesses. The author shows that the Policy has fully absorbed the international legal framework of justice for children, in particular those developed within the UN, and focused on providing necessary guarantees to children victims and children witnesses, taking into account their vulnerability and special needs. An analysis of the Court's case-law shows that analysing the ICC's decisions in cases where children have been victims of international crimes, the guaranteeing of the children victims’ rights to reparations remains a pressing issue and challenge for the ICC.

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