International Criminal Court and Ad Hoc Tribunals

Ad Hoc ◽

International Criminal ◽

Criminal Court ◽

East Timor ◽

Criminal Courts ◽

World War ◽

War Criminals

This chapter traces the growth of international criminal courts since World War II. The trials of Nazi war criminals at Nuremberg in 1944 led, after a lapse of almost half a century, to decisions by the UN Security Council to establish two ad hoc international criminal tribunals for the former Yugoslavia (1993) and for Rwanda (1994). UN-mandated courts followed in East Timor, Kosovo, and Bosnia and Herzegovina; and by state-requested courts, so-called ‘mixed’ or ‘hybrid’ criminal tribunals, in partnership with the UN, in Sierra Leone, Cambodia, and Lebanon. In terms of the Rome Statute of 1998, the International Criminal Court became effective in July 2002 and will likely become the only international criminal court.

Prosecutor v. Ayyash et al. (Special Trib. Leb.)

International Legal Materials ◽

10.1017/ilm.2021.9 ◽

2021 ◽

pp. 1-91

Author(s):

Michael Lysander Fremuth

Keyword(s):

World War Ii ◽

Criminal Law ◽

Ad Hoc ◽

International Criminal ◽

Criminal Court ◽

International Criminal Law ◽

World War ◽

International Crimes ◽

International Character

The establishment of the International Criminal Court (ICC) in 1998 constitutes a landmark in the development of International Criminal Law (ICL), which gained its first momentum after World War II through the foundation of International Military Tribunals in Nuremberg and Tokyo. ICL is, however, not confined to these most prominent courts or their statutes providing for definitions of international crimes under their respective jurisdiction; rather, ad hoc international, or internationalized and hybrid special tribunals and criminal chambers also contribute to the development and shape of ICL and reflect its diverse legal and institutional basis. Perceived as another tribunal of “international character,” on August 18, 2020, the Special Tribunal for Lebanon (STL) pronounced its judgment on the merits in the Ayyash case. The long-awaited verdict raises the question of the Tribunal's contribution to the further evolution of ICL.

Crimes Against Humanity in the Modern Age

The American Journal of International Law ◽

10.5305/amerjintelaw.107.2.0334 ◽

2013 ◽

Vol 107 (2) ◽

pp. 334-377 ◽

Cited By ~ 13

Author(s):

Leila Nadya Sadat

Keyword(s):

World War Ii ◽

Ad Hoc ◽

International Criminal ◽

Criminal Court ◽

Crimes Against Humanity ◽

World War ◽

Modern Age ◽

The World ◽

Atrocity Crimes

Despite the promises made after World War II to eliminate the commission of atrocities, crimes against humanity persist with horrifying ubiquity. Yet the absence of a consistent definition and uniform interpretation of crimes against humanity has made it difficult to establish the theory underlying such crimes and to prosecute them in particular cases. In the 1990s, several ad hoc international criminal tribunals were established to respond to the commission of atrocity crimes,1 including crimes against humanity, in specific regions of the world in conflict. Building on this legacy, in 1998 a new institution—the International Criminal Court(ICC)— was established to take up the task of defining crimes against humanity and other atrocity crimes and preventing and punishing their commission.

International legal immunities and privileges of the Рrosecutor amicus curiae

Public Administration ◽

10.22394/2070-8378-2020-22-3-55-63 ◽

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 ◽

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.

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

Contemporary Central & East European Law ◽

10.37232/cceel.2019.12 ◽

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 ◽

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 Right to be Defended in Person or Through Legal Assistance and the International Criminal Court

Leiden Journal of International Law ◽

10.1017/s0922156500000558 ◽

2000 ◽

Vol 13 (4) ◽

pp. 949-984 ◽

Cited By ~ 1

Author(s):

Stuart Beresford ◽

Hafida Lahiouel

Keyword(s):

Ad Hoc ◽

International Criminal ◽

Criminal Court ◽

International Human Rights Law ◽

Legal Assistance ◽

Human Rights Law ◽

International Obligations ◽

The Right

While the Statute of the International Criminal Court guarantees to suspects and accused the right to be defended in person or through legal assistance, it contains little guidance as to the extent to which this most fundamental right will be provided. In order to ascertain how broadly it should be applied, the authors examine the application of the right by the ad hoc international criminal tribunals for Rwanda and the former Yugoslavia. The authors note that the defence-orientated approach taken by the ad hoc Tribunals to the right to be defended in person or through legal assistance not only conforms with international obligations, but also in many respects goes beyond that required by international human rights law. It is, therefore, crucial that the ICC listens to the experience of the ad hoc Tribunals and adopts similar, if not identical, rules and regulations relating to the qualifications, conduct and assignment of counsel.

The Legitimacy of International Criminal Tribunals and the Current Prospects of International Criminal Justice

Leiden Journal of International Law ◽

10.1017/s0922156512000167 ◽

2012 ◽

Vol 25 (2) ◽

pp. 491-501 ◽

Cited By ~ 7

Author(s):

ANTONIO CASSESE

Keyword(s):

Criminal Justice ◽

International Criminal ◽

International Criminal Tribunal ◽

Criminal Court ◽

The Other ◽

International Criminal Justice ◽

Criminal Courts ◽

Complex Concept ◽

International Criminal Tribunals

AbstractHaving identified the differences between the concept of legality and the much more complex concept of legitimacy, the author scrutinizes the legality and the legitimacy of the existing international criminal tribunals. Their legality has been put in doubt only concerning the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Tribunal for Lebanon (STL), but the criticisms have been or could be overcome. Assessing the legitimacy of these tribunals is instead a more difficult task. In fact, misgivings have been voiced essentially concerning the legitimacy of the ICTY and the STL, but not the International Criminal Court (ICC) and the other international criminal courts. The legitimacy of the STL in particular deserves to be discussed: even assuming that the STL initially lacked some forms of legitimacy, it could achieve it – or confirm it – through its ‘performance legitimacy’. The author then suggests what the realistic prospects for international criminal justice are. Convinced as he is that it is destined to flourish even more, he tries to identify the paths it is likely to take in future years.

Victims and the International Criminal Court: Three major issues

International Criminal Law Review ◽

10.1163/157181203322584350 ◽

2003 ◽

Vol 3 (4) ◽

pp. 345-367 ◽

Cited By ~ 20

Author(s):

Sam Garkawe

Keyword(s):

Ad Hoc ◽

International Criminal ◽

International Criminal Tribunal ◽

Criminal Court ◽

Former Yugoslavia ◽

Protective Measure ◽

Legal Representation ◽

International Crimes ◽

International Criminal Tribunals

AbstractThe Statute of the permanent International Criminal Court (the "ICC") agreed to in Rome in 1998 contains many provisions that deal with the specific concerns and rights of victims and survivors of the international crimes that the ICC will have jurisdiction over. It consolidates the work of the two ad hoc international criminal Tribunals (the former Yugoslavia and Rwanda) in this area, but also further enhances the role and rights of victims in a number of innovative ways. These three international criminal Tribunals thus collectively represent an important step forward in the recognition of the suffering and the position of victims and survivors of international crimes. This article will examine three main issues in relation to victims and the ICC. First, after identifying the protective measures for victims allowed at the discretion of the international criminal Tribunal for the former Yugoslavia, it will focus on the most controversial measure (which the ICC can also order) - the non-disclosure to the defence of the identity of witnesses. Does this protective measure violate a defendant's right to a fair trial? The Statute of the ICC also allows, for the first time in international criminal justice, for the right of victims to obtain their own legal representation, subject to the discretion of the ICC. The second issue is how is this going to work in practice in light of the fact that international crimes normally involve hundreds, if not thousands or even tens of thousands, of victims? And finally, while the ICC Statute provides for the possibility of reparations to victims, where will the money come from, and thus what are the chances of victims actually being able to receive compensation?

Obstacles in the Way of an International Criminal Court

The Cambridge Law Journal ◽

10.1017/s0008197300081356 ◽

1997 ◽

Vol 56 (2) ◽

pp. 329-342 ◽

Cited By ~ 6

Author(s):

John Dugard

Keyword(s):

World War Ii ◽

World War I ◽

International Criminal ◽

Criminal Court ◽

International Terrorism ◽

International Tribunal ◽

World War ◽

The Way

The idea of a permanent international criminal court has been on the international agenda for much of this century. After World War I unsuccessful attempts were made to bring the German Emperor to trial before an international tribunal and, later, to try Turks responsible for the genocide of Armenians before a tribunal to be designated by the Allied Powers. In 1937, following the assassination in 1934 of King Alexander of Yugoslavia by Croatian nationalists in Marseilles, treaties were drafted to outlaw international terrorism and to provide for the trial of terrorists before an international tribunal, but states lost interest in this venture as war approached and no state ratified the treaty for an international criminal court and only one (India) ratified the treaty outlawing international terrorism. The establishment of the Nuremberg and Tokyo international military tribunals to try the principal leaders of the Nazi and Japanese regimes after World War II as a natural culmination of the pre-war debate over an international criminal court and set the scene for renewed attempts to create a permanent international criminal court.

As Condições para uma Paz Duradoura. Uma Leitura de "A Paz pelo Direito", de Hans Kelsen

Cadernos do Programa de Pós-Graduação em Direito – PPGDir /UFRGS ◽

10.22456/2317-8558.44604 ◽

2014 ◽

Vol 9 (1) ◽

Author(s):

Arnaldo Bastos Santos Neto ◽

Ricardo Martins Spindola Diniz

Keyword(s):

International Law ◽

International Criminal ◽

Second World War ◽

Criminal Court ◽

World War ◽

War Criminals ◽

Lasting Peace ◽

Hans Kelsen ◽

Second World

AS CONDIÇÕES PARA UMA PAZ DURADOURA. UMA LEITURA DE "A PAZ PELO DIREITO", DE HANS KELSEN CONDITIONS FOR A LASTING PEACE. A READING OF HANS KELSEN’S “PEACE THROUGH LAW” Arnaldo Bastos Santos NetoRicardo Martins Spindola DinizRESUMO: O pensador central da Escola Vienense de Direito, Hans Kelsen, dedicou-se ao exame de questões fundamentais do Direito Internacional, especialmente, após a eclosão da Segunda Guerra Mundial. Entre os seus textos mais interessantes da nova fase internacionalista, destaca-se "A paz pelo Direito", cujas teses mais importantes, como a defesa de um Tribunal Penal Internacional, a punição dos criminosos de guerra tanto dos lados vencidos como dos vencedores e ainda o papel propugnado por ele para os princípios do Direito Internacional, analisamos no presente artigo. PALAVRAS-CHAVE: Tribunal Penal Internacional; Crimes de Guerra; Teoria Pura do Direito. ABSTRACT: The central thinker of the Viennese School of Law, Hans Kelsen, devoted himself to the examination of the fundamental questions of International Law, especially after the break of the Second World War. Among his most interesting texts of this new internationalist phase, "Peace through Law" stands out, whose most important thesis, such as the defense of an International Criminal Court, the punishment of war criminals both for losers and winners, and also the role advocated by him to the principles of International Law, are analyzed in this article.KEYWORDS: International Criminal Court; War Crimes; Pure Theory of Law.SUMÁRIO: Introdução 1. O pacifismo jurídico kelseniano. 2. Além da soberania dos estados nacionais. 3. Por um tribunal penal internacional. 4. A questão da soberania. 5. O papel dos princípios. Considerações finais. Referências.