Crimes Against Humanity

2019 ◽  
pp. 167-188
Author(s):  
Vasuki Nesiah
Keyword(s):  
Nineteenth Century ◽  
Criminal Law ◽  
Slave Trade ◽  
The Other ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Global Dynamics ◽  
Race And Racism ◽  
The One ◽  
Absent Presence

Race and racism have a schizophrenic life in international criminal law (ICL) histories, both ever-present, and ever-elusive. This chapter excavates this double-life by tracing, not race, but its repression, in ICL historians’ projection of ICL’s origins to the mid-nineteenth century regime instituted to implement the prohibition of the Atlantic slave trade in the name of ‘humanity’. This regime included treaty born transnational tribunals (‘Mixed Commissions’) with jurisdictional authority that extended beyond national borders. Racialized structures and imaginaries hide in plain sight in histories of these tribunals as an embryonic ICL—present everywhere yet not acknowledged anywhere. This chapter argues that this absent presence is constituted, on the one hand, by juridification, and on the other, by moralization. Troubling legacies of juridification and moralization entails unpacking continuities and discontinuities with contemporary ICL and the work of race-invisibility in putting wind in the sails of humanity’s racially mal-distributive global dynamics.

The Good Deeds of International Criminal Defendants

2012 ◽  
Vol 25 (3) ◽  
pp. 799-813 ◽  
Author(s):  
JEAN GALBRAITH
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
The Other ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
International Criminal Tribunals ◽  
Good Deeds

AbstractInternational criminal tribunals try defendants for horrific acts: genocide, war crimes, and crimes against humanity. At sentencing, however, evidence often arises of what I will call defendants’ ‘good deeds’ – humanitarian behaviour by the defendants towards those on the other side of the conflict that is conscientious relative to the culture in which the defendants are operating. This article examines the treatment of good deeds in the sentencing practices of the International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda. I show that the tribunals’ approaches are both undertheorized and internally inconsistent. I argue that the tribunals should draw upon the goals that underlie international criminal law in developing a coherent approach to considering good deeds for sentencing purposes.

scholarly journals Appraisal-Based and Flexible Approaches to External Precedent in International Criminal Law

2015 ◽  
Vol 28 (3) ◽  
pp. 643-664 ◽  
Author(s):  
ALDO ZAMMIT BORDA
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Legal Framework ◽  
The Other ◽  
International Criminal Law ◽  
Flexible Approach ◽  
Judicial Decisions ◽  
Other Hand ◽  
The One ◽  
Principle Of Legality

AbstractThis article focuses on the approaches of international criminal judges to using external precedent, distinguishing between the appraisal-based and flexible approaches. On the one hand, the appraisal-based approach refers to uses of external judicial decisions which are preceded by an express legal appraisal. On the other hand, the flexible approach denotes a less stringent use of such decisions. It finds that, in a number of cases, international criminal judges have adopted a flexible approach to decisions and have assimilated them within the legal framework of the referring court or tribunal without the necessary adjustment. This may have important implications for the principle of legality and the fairness of the proceedings. The paper indicates that the adoption of either the appraisal-based or flexible approaches to external judicial decisions is not necessarily linked to the specific legal backgrounds of the judges involved, and different judges hailing from varying legal backgrounds have shifted between these approaches in different cases. This suggests that there is need for greater rigour in the judicial methodology for using external judicial decisions and, in particular, the importance of the appraisal-based approach to using such decisions, to ensure their the congruence with the legal framework of the referring court or tribunal.

Recent Developments In International Criminal Law:Trying To Stay Afloat Between Scylla And Charybdis

2005 ◽  
Vol 54 (3) ◽  
pp. 691-704 ◽  
Author(s):  
Olivia Swaak-Goldman
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
The Other ◽  
International Criminal Law ◽  
International Crimes ◽  
Other Hand ◽  
Recent Developments ◽  
The One

An analysis of recent development in international criminal law shows the emergence of two countervailing trends: on the one hand a broadening trend, in that the various prosecutorial meansused to hold individuals accountable for violations of certain international crimes has expanded; and on the other hand a narrowing trend, in that the protection from prosecution afforded by international law to certain individuals, that once seemed to falter, has been reinstated.

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.

Recharacterisation of Crimes and the Principle of Fair Labelling in International Criminal Law

2018 ◽  
Vol 18 (5) ◽  
pp. 788-821
Author(s):  
Talita de Souza Dias
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Fair Trial ◽  
Comprehensive Analysis ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Legal Scholarship ◽  
International Crimes ◽  
The Creation ◽  
Central Claim

The principle of fair labelling has informed the creation of international crimes and other concepts of international criminal law since the modern inception of this discipline. In particular, it was the symbolic and condemnatory import of international labels such as genocide and crimes against humanity that partly motivated their introduction as offences separate from domestic ordinary crimes. Paradoxically, fair labelling has received marginal attention in legal scholarship and practice. Moreover, frequent instances of relabelling known as ‘recharacterisation of crimes’ may not be entirely consistent with that principle, inviting further analysis thereof. In this context, the purpose of this article is to provide a more systematic and comprehensive analysis of the principle of fair labelling in international criminal law, particularly in light of the phenomenon of recharacterisation of crimes. Its central claim is that fair labelling is as a fair trial right which precludes recourse to recharacterisation in certain circumstances.

scholarly journals AN IMPERIAL APOSTLE? ST PAUL, PROTESTANT CONVERSION, AND SOUTH ASIAN CHRISTIANITY

2017 ◽  
Vol 61 (1) ◽  
pp. 103-130
Author(s):  
SHINJINI DAS
Keyword(s):  
Nineteenth Century ◽  
South Asian ◽  
Reference Point ◽  
First Century ◽  
The Other ◽  
British Imperialism ◽  
Intellectual Engagement ◽  
Imperial Ideology ◽  
The One ◽  
The Ideal

AbstractThis article explores the locally specific (re)construction of a biblical figure, the Apostle St Paul, in India, to unravel the entanglement of religion with British imperial ideology on the one hand, and to understand the dynamics of colonial conversion on the other. Over the nineteenth century, evangelical pamphlets and periodicals heralded St Paul as the ideal missionary, who championed conversion to Christianity but within an imperial context: that of the first-century Roman Mediterranean. Through an examination of missionary discourses, along with a study of Indian (Hindu and Islamic) intellectual engagement with Christianity including Bengali convert narratives, this article studies St Paul as a reference point for understanding the contours of ‘vernacular Christianity’ in nineteenth-century India. Drawing upon colonial Christian publications mainly from Bengal, the article focuses on the multiple reconfigurations of Paul: as a crucial mascot of Anglican Protestantism, as a justification of British imperialism, as an ideological resource for anti-imperial sentiments, and as a theological inspiration for Hindu reform and revivalist organization.

scholarly journals Dynamics of Continuity and Change: Shifts in Labour Relations in the Potosí Mines (1680–1812)

2016 ◽  
Vol 61 (S24) ◽  
pp. 93-114 ◽  
Author(s):  
Rossana Barragán Romano
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Seventeenth Century ◽  
Sixteenth Century ◽  
The Other ◽  
Economic Sectors ◽  
Labour Relations ◽  
Continuity And Change ◽  
The One

AbstractLabour relations in the silver mines of Potosí are almost synonymous with the mita, a system of unfree work that lasted from the end of the sixteenth century until the beginning of the nineteenth century. However, behind this continuity there were important changes, but also other forms of work, both free and self-employed. The analysis here is focused on how the “polity” contributed to shape labour relations, especially from the end of the seventeenth century and throughout the eighteenth century. This article scrutinizes the labour policies of the Spanish monarchy on the one hand, which favoured certain economic sectors and regions to ensure revenue, and on the other the initiatives both of mine entrepreneurs and workers – unfree, free, and self-employed – who all contributed to changing the system of labour.

‘Where is she?’ Katherine Mansfield and Elizabeth Bowen

2015 ◽  
Author(s):  
Jessica Gildersleeve
Keyword(s):  
The Other ◽  
Elizabeth Bowen ◽  
Katherine Mansfield ◽  
Literary Influence ◽  
The One ◽  
Absent Presence

This chapter examines the absent presence of Katherine Mansfield in Elizabeth Bowen’s personal and fictional writing to demonstrate how loss, desire and mourning might constitute a particularly female mode of literary influence. It explores Bowen’s ambivalent perceptions of Mansfield as a literary influence throughout her career, on the one hand protesting against her influence and defending her own originality, and on the other recognising her innovation and mourning her as a ‘lost contemporary’. Gildersleeve argues that the literary relationship between Bowen and Mansfield eludes both the Bloomian model of destroying the predecessor and the model of matrilineal heritage preferred by feminist literary critics. Instead, influence between Mansfield and Bowen registers as a ‘desire for kinship, and resentment that this bond does not exist’.

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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