Perpetration and Complicity

2019 ◽  
pp. 267-284
Author(s):  
George P. Fletcher
Keyword(s):  
Rome Statute ◽  
Shared Responsibility ◽  
Causal Role ◽  
Crimes Against Humanity ◽  
Basic Question ◽  
Moral Thought ◽  
Standard Part

This chapter examines the concept of complicity. The basic question is whether complicity is a crime in and of itself or a way of assisting another person to commit a crime. On the whole, the idea of complicity in the actions of another has become a standard part of modern legal and moral thought. One no longer thinks of individuals acting solely on their own account but of groups of people interacting in order to produce a crime of shared responsibility. This is particularly true in the crimes of genocide, aggression, and crimes against humanity. As for holding individual actors accountable, as Article 25 of the Rome Statute attempts to do, it would make sense to hold each liable for their causal role in the crime. That is, complicity should be seen not as a crime in itself but as a contribution to the crime of another.

Eco-Struggles

2017 ◽  
Author(s):  
Matthew Gillett
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Environmental Harm ◽  
Jus Post Bellum

This chapter examines the provisions of international criminal law applicable to serious environmental harm, particularly during non-international armed conflicts ('NIAC'). After describing incidents of serious environmental harm arising in armed conflicts, the analysis surveys the provisions of international criminal law applicable to environmental harm during NIACs, including war crimes, crimes against humanity, genocide, and aggression. It then examines the basis for extending to NIACs the protection against military attacks causing excessive environmental harm (set out in Art. 8(2)(b)(iv) of the Rome Statute), which is currently only applicable in IACs. The examination of this possible amendment of the Rome Statute covers a broad range of instruments and laws forming part of international and national legal codes, all addressing grave environmental harm. Finally, the analysis turns to accountability for environmental harm as a facet of jus post bellum, emphasizing the interconnected nature of environmental harm and cycles of violence and atrocities.

scholarly journals Prosecutor v. Omar Hassan Ahmad Al-Bashir, Judgment in the Jordan Referral re Al-Bashir Appeal

2020 ◽  
Vol 114 (1) ◽  
pp. 103-109
Author(s):  
Angela Mudukuti
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Arrest Warrant ◽  
Head Of State

In 2009, the International Criminal Court (ICC) stepped into uncharted waters as it issued its first arrest warrant for a sitting head of state, then President of Sudan Omar Al-Bashir. Following the UN Security Council's referral of the situation in the Darfur region of Sudan to the ICC, Al-Bashir was charged by the Court with war crimes and crimes against humanity, and in 2010, he was also charged with genocide. As a consequence, all of the states parties to the Rome Statute had a duty to arrest Al-Bashir. Several states have nonetheless failed to arrest him during country visits, allowing Al-Bashir to evade the ICC. This has given rise to a number of cases before the ICC Chambers, including this Appeals Chamber judgment regarding the Hashemite Kingdom of Jordan.

The Crimes Against Humanity Convention, (Overlooked) African Lessons, and the Delicate Dance of Immunity

2019 ◽  
Vol 17 (1) ◽  
pp. 1-12
Author(s):  
Max du Plessis
Keyword(s):  
Criminal Justice ◽  
South African ◽  
Rome Statute ◽  
International Criminal ◽  
Crimes Against Humanity ◽  
International Criminal Justice ◽  
Special Issue ◽  
Draft Convention ◽  
National Systems ◽  
Realist Perspective

Abstract In a foreword to a special issue of this Journal on the proposed Crimes Against Humanity Convention (CAHC), important questions were raised, including whether such a convention is truly needed, whether such a convention is politically feasible and whether any provisions in the draft articles should be modified. In this piece, the author considers the questions raised, and poses answers from an African and realist perspective, having litigated some of the international criminal justice cases before South African courts. The author contends that the drafters of the Convention would do well to take meaningful account of the domestication of international criminal justice, and the lessons to be learned from national systems that have found themselves at the forefront of the very debates that have animated the drafters of the CAHC, and the Rome Statute before it. If those lessons are to be taken seriously — including the lessons generated by African states and their courts — then the draft Convention might well be improved and some of its most animating provisions sharpened.

scholarly journals Where Security Meets Justice: Prosecuting Maritime Piracy in the International Criminal Court

2013 ◽  
Vol 4 (1) ◽  
pp. 81-102 ◽  
Author(s):  
Melanie O'BRIEN
Keyword(s):  
International Criminal Court ◽  
International Security ◽  
Rome Statute ◽  
International Criminal ◽  
International Crime ◽  
Well Being ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Maritime Piracy ◽  
World Maritime

The International Criminal Court (ICC) was established to prosecute crimes that “threaten the peace, security and well-being of the world”. Maritime piracy has a long history as a threat to international security and was in fact the first international crime. Yet piracy was excluded from the Rome Statute. In the years since the drafting of the Rome Statute, piracy has increased dramatically to become more like the threat it was in the “Golden Age of Piracy”. Criminal accountability for piracy has been minimal, due to logistical and jurisdictional difficulties. This paper offers an analysis of the potential of the ICC for prosecuting pirates: why it should be considered as a potential forum for ensuring criminal accountability for piracy, how piracy fits within the ICC's jurisdiction, and whether or not piracy should be added to the Rome Statute as a stand-alone crime or under the rubric of crimes against humanity.

Defining “Crimes Against Humanity” at the Rome Conference

1999 ◽  
Vol 93 (1) ◽  
pp. 43-57 ◽  
Author(s):  
Darryl Robinson
Keyword(s):  
Security Council ◽  
International Criminal Court ◽  
Armed Conflict ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Multilateral Negotiations ◽  
Significant Difference ◽  
The Many

On July 17, 1998, the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (Rome Conference) adopted the Rome Statute of the International Criminal Court (ICC). One of the many significant provisions of the ICC statute is Article 7, which defines “crimes against humanity” for the purpose of the ICC. A significant difference between the definition in the ICC statute and the major precedents on crimes against humanity is that the former definition was not imposed by victors (as were those in the Nuremberg and Tokyo Charters) or by the Security Council (as were those in the Statutes of the Yugoslavia and Rwanda Tribunals). In contrast, Article 7 was developed through multilateral negotiations involving 160 states. For this reason, one could reasonably expect Article 7 to be more detailed than previous definitions, given the interest of participating states in knowing the precise contours of the corresponding obligations they would be undertaking. For the same reason, one might expect the definition to be more restrictive than previous definitions. Fortunately, although the definition in the ICC statute is more detailed than previous definitions, it generally seems to reflect most of the positive developments identified in recent authorities. For example, the definition does not require any nexus to armed conflict, does not require proof of a discriminatory motive, and recognizes the crime of apartheid and enforced disappearance as inhumane acts.

scholarly journals Is global poverty a crime against humanity?

2015 ◽  
Vol 7 (3) ◽  
pp. 539-571 ◽  
Author(s):  
Gwilym David Blunt
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
International System ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Global Poverty ◽  
Definition Of

Pogge has repeatedly compared the causes of global poverty with historical crimes against humanity. This claim, however, has been treated as mere rhetoric. This article argues that there are good reasons to take it seriously. It does this by comparing Pogge’s thesis on the causes of global poverty with the baseline definition of crimes against humanity found in international law, especially the Rome Statute of the International Criminal Court. It argues that the causes of global poverty are comparable with the crimes of slavery and apartheid. This has important consequences for cosmopolitan thought, as it makes the need for practical solutions to global poverty more urgent and raises questions about the global poor’s right to resist the international system by violent means.

scholarly journals Kekerasan Seksual dalam Hukum Internasional

2019 ◽  
Vol 2 (6) ◽  
pp. 2199 ◽  
Author(s):  
Mella Fitriyatul Hilmi
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Legal Capacity ◽  
Legal Personality ◽  
Serious Crime ◽  
International Rescue Committee

Kekerasan terhadap perempuan dan anak sebagai kaum rentan dapat terjadi dalam segala situasi yakni saat konflik berlangsung, proses melarikan diri, maupun di tenda pengungsian. The International Rescue Committee melakukan survei pada tahun 2015 yang menunjukkan bahwa 40% dari 190 perempuan dan anak perempuan di Dara’a dan Quneitra telah mengalami kekerasan seksual dari para personil Organisasi Internasional saat mengakses layanan bantuan kemanusiaan. Kekerasan seksual yang terjadi di Suriah adalah tindak kekerasan seksual dengan penyalahgunaan kekuasaan, atau penyalahgunaan kepercayaan, untuk tujuan kepuasan seksual, maupun untuk memperoleh keuntungan dalam bentuk uang, sosial, politik dan lain sebagainya. Berdasarkan Pasal 7 Ayat (1) Rome Statute of The International Criminal Court, kekerasan seksual adalah tindak kejahatan terhadap kemanusiaan (crimes against humanity) yang masuk dalam kategori The most Serious Crime, sehingga Hukum Internasional punya peran dalam hal ini. Penelitian ini merupakan penelitian yuridis normatif, dimana membahas terkait asas dan konsep Hukum Internasional mengenai kedudukan Organisasi Internasional selaku Subjek Hukum Internasional yang memiliki Legal Personality dan Legal Capacity. Oleh karena itu perlu diketahui pengaturan terkait dengan kekerasan seksual dalam hukum internasional.

scholarly journals PERBUDAKAN SEKSUAL (SEXUAL SLAVERY) SEBAGAI KEJAHATAN KEMANUSIAAN DAN PERANG DI BAWAH HUKUM INTERNASIONAL

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Arif Rohman
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Rome Statute ◽  
War Crimes ◽  
Internal Conflict ◽  
Crimes Against Humanity ◽  
Sexual Slavery ◽  
Geneva Conventions ◽  
Set Up ◽  
International Instruments

Abstrac Almost every case of armed conflict both internal conflict and inter-state conflicts, violations that fall into the category of crimes against humanity. One such crime is sexual slavery. Nevertheless, the true multiple instrument products have set about sexual slavery, but in fact violations still occur, so how to regulate the instrument set up and how the application of the instrument. The approach used in this study a statutory approach and approach the case, it is intended to determine the international instruments which regulate and application of the crime of sexual slavery. Sexual slavery has been set up in several instruments and is a violation of the Fourth Geneva Conventions of 1949, Additional Protocol II of 1977, the Universal Declaration of Human Rights, the Rome Statute, anti-torture convention so that it can be regarded as war crimes. Sexual slavery is expressed as slavery not as rape. Evidently some tribunal (ICTY, ICTR, Tokyo Tribunal, and ICC) which has been in effect and entrap the perpetrators of sexual slavery was found guilty.Key words: Sexual slavery, Crime Humanity, War Crimes and International Law

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