scholarly journals CRIMES AGAINST HUMANITY: GLOBAL JUSTICE AND THE HUMAN RIGHTS DISCOURSE

Vniversitas ◽  
2014 ◽  
pp. 17
Author(s):  
Laura Bernal Bermúdez
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Global Justice ◽  
International Criminal ◽  
International Criminal Law ◽  
State Sovereignty ◽  
Crimes Against Humanity ◽  
Common Humanity ◽  
Rights Discourse ◽  
Human Rights Discourse

The human rights discourse has been justified by the need to move pastthe restrains and impunity that arose from nationalism and citizenshiprights. Although international criminal law has recently been imaginedas the scenario or theatre to reinforce the existence of a ‘political communityof justice’ based on our common humanity, it has not been ableto displace the concept of state sovereignty. This shows how our ‘naturalindifference to others’ is not overcome by the simple use of language,by the subscription of covenants or by the creation of institutions andmechanisms for the adjudication of justice.

Extracurricular International Criminal Law

2016 ◽  
Vol 16 (3) ◽  
pp. 412-447
Author(s):  
Mark A. Drumbl
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
International Criminal ◽  
The United States ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Limited Capacity ◽  
Criminal Courts ◽  
Human Rights Abuses ◽  
Corporate Liability

This article unpacks the jurisprudential footprints of international criminal courts and tribunals in domestic civil litigation in the United States conducted under the Alien Tort Statute (ats). The ats allows victims of human rights abuses to file tort-based lawsuits for violations of the laws of nations. While diverse, citations to international cases and materials in ats adjudication cluster around three areas: (1) aiding and abetting as a mode of liability; (2) substantive legal elements of genocide and crimes against humanity; and (3) the availability of corporate liability. The limited capacity of international criminal courts and tribunals portends that domestic tort claims as avenues for redress of systematic human rights abuses will likely grow in number. The experiences of us courts of general jurisdiction as receivers of international criminal law instruct upon broader patterns of transnational legal migration and reveal an unanticipated extracurricular legacy of international criminal courts and tribunals.

26. International criminal law

2017 ◽  
Author(s):  
Robert Cryer
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Crimes ◽  
Pros And Cons

This chapter first discusses the overlaps between human rights and international criminal law, focusing on four international crimes: genocide, crimes against humanity, war crimes, and aggression. It then considers prosecutions and non-prosecutorial options, concluding with an analysis of the pros and cons of using international criminal law to protect human rights.

Types of cultural property and their protection under International Criminal Law

2020 ◽  
Vol 20 (1) ◽  
pp. 220-236
Author(s):  
Ivan Ryška
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
Criminal Law ◽  
Historical Development ◽  
International Criminal ◽  
War Crimes ◽  
Case Law ◽  
Cultural Property ◽  
International Criminal Law ◽  
Crimes Against Humanity

SummaryIn this article we analyze the forms of protection of distinct types of cultural heritage under International Criminal Law. Initially, we introduce the concept of categorization of cultural heritage into types, and review its historical development. The main focus is on the present day approach to the protection based on human rights, which builds heavily on the link between a certain type of cultural heritage and a community or individual. Later, we examine the possible ways to prosecute attacks against cultural heritage under International Criminal Law. Our analysis demonstrates, that the attacks against cultural heritage may, under various circumstances, fall under the category of war crimes, crimes against humanity, or genocide. We support our conclusions by jurisprudence arguments from case law treating the prosecution of destruction of cultural heritage under International Criminal Law.

scholarly journals THE EXPANDING PROTECTION OF MEMBERS OF A PARTY'S OWN ARMED FORCES UNDER INTERNATIONAL CRIMINAL LAW

2019 ◽  
Vol 68 (04) ◽  
pp. 943-976
Author(s):  
Cóman Kenny ◽  
Yvonne McDermott
Keyword(s):  
Human Rights ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Armed Forces ◽  
War Crimes ◽  
Criminal Court ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Human Rights Law

AbstractDoes international law govern how States and armed groups treat their own forces? Do serious violations of the laws of war and human rights law that would otherwise constitute war crimes or crimes against humanity fall squarely outside the scope of international criminal law when committed against fellow members of the same armed forces? Orthodoxy considered that such forces were protected only under relevant domestic criminal law and/or human rights law. However, landmark decisions issued by the International Criminal Court (ICC) and the Extraordinary Chambers in the Courts of Cambodia (ECCC) suggest that crimes committed against members of the same armed forces are not automatically excluded from the scope of international criminal law. This article argues that, while there are some anomalies and gaps in the reasoning of both courts, there is a common overarching approach under which crimes by a member of an armed group against a person from the same forces can be prosecuted under international law. Starting from an assessment of the specific situation of the victim, this article conducts an in-depth analysis of the concepts of ‘hors de combat’ and ‘allegiance’ for war crimes and that of the ‘lawful target’ for crimes against humanity, providing an interpretative framework for the future prosecution of such crimes.

scholarly journals Should the Responsibility to Protect be Enshrined in International Law?

2012 ◽  
Vol 6 (1) ◽  
Author(s):  
Amanda Lo
Keyword(s):  
Human Rights ◽  
Moral Responsibility ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International System ◽  
Responsibility To Protect ◽  
International Criminal Law ◽  
State Sovereignty ◽  
The Stability

While states admit a moral responsibility to take action against states that violate human rights and international criminal law, international law does not create any legally binding obligations on states to prevent or punish violators of human rights. Yet, enshrining the “responsibility to protect” in international law will only threaten the stability of the international system that has long operated based on the norm of state sovereignty and the principle of non-interference.

International Criminal Law and UN Treaties

2019 ◽  
pp. 450-466
Author(s):  
Salvatore Zappalà
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Genocide Convention ◽  
Social Council ◽  
Historical Developments

The United Nations has been very closely linked to the development of international criminal law (ICL), including in the area of multilateral treaty-making. The UN General Assembly has been the forum for negotiations or preparation of most ICL treaties: from the Genocide Convention to the International Criminal Court Statute, and many other UN bodies (from the Secretariat to the Security Council, as well as the Economic and Social Council and the entire human rights machinery) have significantly contributed to the establishment and evolution of ICL. Moreover, the values protected through ICL enhance and reinforce some of the basic tenets of the UN Charter, including the prohibition of the use of armed force (reflected in the criminalization of aggression), as well as the protection and promotion of human rights (linked to the notion of crimes against humanity and war crimes). This chapter illustrates the historical developments of ICL and emphasizes the pivotal role of the UN in the implementation and further improvement of ICL.

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.

Contextualising Radhabinod Pal's Dissenting Opinion in Contemporary International Criminal Law

2021 ◽  
pp. 1-9
Author(s):  
Sumedha CHOUDHURY
Keyword(s):  
Criminal Law ◽  
Global Justice ◽  
International Criminal ◽  
International Criminal Law ◽  
Global Democracy

Abstract Radhabinod Pal, a judge at the Tokyo Tribunal, wrote a dissenting opinion absolving all the accused Japanese of the alleged crimes. In so doing, he advanced several conceptual and theoretical arguments to support his opinion. This paper focuses on the opinion of Pal concerning non-retroactivity of law, global democracy, imperialism, and victor's justice. The paper analyses his opinion in the light of contemporary developments and argues that his criticisms of the international criminal law regime and global justice are still relevant.

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