The Homogeneity of International Criminal Court with Islamic Jurisprudence

2009 ◽  
Vol 9 (4) ◽  
pp. 595-621 ◽  
Author(s):  
Farhad Malekian
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
Cultural Context ◽  
International Criminal ◽  
Golden Rule ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Cultural Attitudes ◽  
International Crimes ◽  
Criminal Jurisprudence

AbstractWhen implemented, the systems of the International Criminal Court (ICC) and Islamic criminal jurisdiction have to ensure equality, justice and peace for humanity. Consequently, implementation of international or Islamic justice does not necessarily emphasise applying the power of law but rather, as well as possible, the power to achieve appropriate human rights principles, which can reach the heart of the international community as a whole. Giving priority to any concept of law, thus recognizing one concept over another, diminishes the value of international criminal justice and creates contradictions in the application of an impartial equal jurisdiction and basic philosophy of cultural attitudes. Therefore, when the ICC Statute was being drafted, there was a strong tendency to overlook the cultural context of law within the social structures of various nations. The chief purpose of this article is to look into the basic principles of the Statute and examine whether similar principles can also be found within Islamic criminal jurisprudence. The article indicates the ability of both systems to function together and increase the practical intensification of international criminal justice. The study also offers, in a homogenous manner, to expand the juridical relationship, seeking cooperation and accommodation between the two systems in order to modify, adapt, adjust or alter laws for the better understanding of justice and equality between nations around the world. Prevention of international crimes will not be achieved through Islamic or ICC jurisprudence, or through any other system of law, but solely by cultivating equal justice together with the spirit of love and mutual admiration. This is the only seed for the promulgation of the ethic of reciprocity or the celebration of the golden rule of humanity.

scholarly journals The Role of the UN Security Council vis-à-vis the International Criminal Court – Resolution 1970 (2011) and its Challenges to International Criminal Justice

2014 ◽  
Vol 14 (2) ◽  
pp. 7-23
Author(s):  
Gabriel M. Lentner
Keyword(s):  
Criminal Justice ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
International Crimes ◽  
Un Security Council ◽  
Principle Of Legality

Abstract On February 26 2011, the UN Security Council unanimously adopted Resolution 1970 referring the situation concerning Libya to the International Criminal Court (ICC). Th is unprecedented support for and acknowledgment of the ICC did not come without a price: conditio sine qua non for Council members not party to the ICC was the inclusion of operative § 6 into the resolution, which exempts certain categories of nationals of non-parties from ICC jurisdiction. Th e same highly controversial exemption was included in the Security Council’s referral of the situation in Darfur to the ICC in 2005. Deviating from the Rome Statute’s jurisdiction regime such practice not just poses challenges to principles of international criminal justice but raises the question whether the Rome Statute is altered by the resolution containing the referral to the effect that the ICC is being bound to the exemptions contained in its exercise of jurisdiction. Addressing these issues, the present paper elaborates firstly on the jurisdictional exemption of § 6 and its effect on the ICC, followed by a discussion of resulting challenges to the principle of legality, the principle of universal jurisdiction for international crimes, the equality of individuals before the law and the principle of independence of the court.

Prosecutor v. Taylor: The Status of the Special Court for Sierra Leone and Its Implications for Immunity

2005 ◽  
Vol 18 (2) ◽  
pp. 299-322 ◽  
Author(s):  
ZSUZSANNA DEEN-RACSMÁNY
Keyword(s):  
Criminal Justice ◽  
Sierra Leone ◽  
International Criminal Court ◽  
International Institutions ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
International Crimes ◽  
The Status

On 31 May 2004, the Appeals Chamber of the Special Court for Sierra Leone ruled in a sweeping but brief decision that the Court had jurisdiction over Charles Ghankay Taylor, President of Liberia at the time of his indictment. The judges reached this conclusion finding that the accused could not invoke immunities ratione personae before this institution, an international criminal court. As this article demonstrates, the Chamber's argumentation lacks specificity and displays confusion over certain issues related to UN law, the law of international institutions and international immunities. The factual outcome is a welcome one, facilitating the prosecution of international crimes. Yet, the Appeals Chamber's approach is regrettable, especially if one considers that the same result could have been reached through less controversial avenues, without endangering the credibility of the Court and thereby the idea of international criminal justice through internationalized criminal courts.

scholarly journals Trial and (Potential) Error: Conflicting Visions on Reparations Within the ICC System

2018 ◽  
Vol 29 (3) ◽  
pp. 221-248 ◽  
Author(s):  
Alina Balta ◽  
Manon Bax ◽  
Rianne Letschert
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Court Decisions ◽  
Criminal Trials ◽  
Conflict Situations ◽  
International Criminal Trials

Twenty years ago, the International Criminal Court (hereinafter ICC or the Court) was established holding the aim of placing victims at the heart of international criminal justice proceedings and delivering justice to them through, among others, reparations. Article 75 of the Rome Statute lays out the reparations regime, and, in practice, court-ordered reparations are a means of delivering such justice. Focusing on Court decisions on reparations, our analysis takes stock of all developments before the ICC and attempts to highlight the mismatch between characteristics inherent to the objectives of international criminal trials such as providing accountability and punishment of the accused and delivering justice for victims of mass crimes—the so-called procedural challenges. We also submit that the Court is facing conceptual challenges, related to an apparent misunderstanding of the various concepts at stake: reparations as such and the various modalities and channels of enforcing them. We conclude that although the ICC’s reparation regime may not be the best reparative response to provide justice to victims in conflict situations affected by mass victimization, we suggest that improving the ICC’s approach includes, at a minimum, tackling these challenges.

Africa Against Global Justice? Stakes for Building a Political Sociology on the Future of International Criminal Justice

2020 ◽  
pp. 217-230
Author(s):  
Sara Dezalay
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
Global Justice ◽  
International Criminal ◽  
Weak Field ◽  
Criminal Court ◽  
International Criminal Justice ◽  
African Continent ◽  
New Haven ◽  
Over Time

This chapter challenges current debates in global justice and the fight against impunity. Shifting the lens from the symbolism of global justice towards the structural conditions that have shaped international criminal justice as a field over time can help reposition the Habré success story not simply as an anomaly in a context of wider backlash against the International Criminal Court (ICC), but rather as a reflection of the structure of global justice as a weak field. The chapter then discusses the need to study systematically the evolution of legal markets on the African continent. In this, the project to institute a criminal chamber within the African Court of Justice and Human Rights has perhaps been too promptly dismissed as overly ambitious due to the lack of resources and state support within the African Union (AU). Interestingly, this project includes not only the crimes under the purview of the ICC, but also various other trans-border crimes such as trafficking, corruption, and the illicit exploitation of resources. The prominence taken in recent years by Africa as a new ‘mining frontier’—and with it, as a new haven for US and UK multinational corporate firms—underscores the timeliness of opening research paths on these ongoing transformations across the continent.

Rome’s Legacy: Negotiating the Reparations Mandate of the International Criminal Court

2017 ◽  
Vol 17 (2) ◽  
pp. 351-377 ◽  
Author(s):  
Christoph Sperfeldt
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Fresh Perspective ◽  
Rules Of Procedure ◽  
Victim Reparations

This article examines the negotiations that led to the incorporation of reparations provisions into the legal framework of the International Criminal Court (icc). Building upon a review of the travaux préparatoires and interviews, it traces the actors and main debates during the lead-up to the Rome Conference and the drafting of the Rules of Procedure and Evidence, explaining how and why reparations were included into the Rome Statute. In doing so, the article shows how the reparations mandate was produced at the intersection of a set of different agendas and actors. From this account, it identifies a number of key themes that were at the centre of the negotiations and often galvanised contestations among delegations or with ngos. The article concludes with a fresh perspective on the origin of victim reparations in the Rome Statute and its relevance for understanding many of today’s debates around reparations in international criminal justice.

Strengthening States’ and the International Community’s Responsibility to Protect Civilians: Revisiting the Prosecution of War Crimes Committed in Africa by the International Criminal Court (ICC)

2018 ◽  
Vol 11 (1) ◽  
pp. 92-115
Author(s):  
Seun Bamidele
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Responsibility To Protect ◽  
International Criminal Justice ◽  
War Criminals ◽  
Intrastate War ◽  
New Thinking

AbstractThe silhouette of International Criminal Justice (ICJ) is fast changing across the globe. The change and transformation are connected to the criminalization of war, which has complicated the attraction of and engagement in the war for war-mongers. At least, the last few years had seen remarkable prosecution of war criminals in Africa. This is related to a relatively new thinking that informed the establishment of International Criminal Court (ICC) and global re-enforcement of war crime-related charges. Since the genocide in Rwanda, the establishment of the ICC has led to the prosecution of warlords. Also, the ICC has issued thirteen public warrants of arrest on war charges to actors and perpetrators in more than four African states. The case of President of Sudan, whose warrant of arrest had been issued regarding the crisis in Darfur, demonstrated that African leaders and war-mongers would be held responsible for their actions and atrocities they have committed. The lesson from the ICC is clear, war-mongers would be made to pay for their criminality. This article intends to examine the actions of the ICC on intra-state civil war crimes in Africa and assess whether ICC can act as deterrence on for intrastate war mongers in Africa.

Extent of Applicability of Human Rights Standards to Proceedings before the International Criminal Court: On Possible Reductive Factors

2012 ◽  
Vol 12 (4) ◽  
pp. 721-741 ◽  
Author(s):  
Christophe Deprez
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Present Article ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Human Rights Law ◽  
Specific Nature ◽  
Human Rights Standards

Today, it is not seriously challenged that human rights law applies to proceedings before the International Criminal Court. The exact boundaries of this statement, however, might be less clear. The present article argues that the extent of applicability of human rights law cannot be precisely described unless the specific nature of the Court and of international criminal justice in general is taken into consideration. More concretely, it will be demonstrated that the exact scope of applicability of human rights standards to the ICC setting can only be addressed by referring to inherent characteristics (both of the Court and of the international criminal system as a whole) that could possibly bear a reductive impact on that scope. It will be argued throughout the analysis that several of these specific features are indeed capable of reducing the level of protection, while on a closer look others do not display such influence.

Justice on Screen – A Study of Four Documentary Films on the International Criminal Court

2016 ◽  
Vol 29 (4) ◽  
pp. 1043-1060 ◽  
Author(s):  
WOUTER G. WERNER
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Documentary Films ◽  
Film Festivals ◽  
Humanitarian Organizations ◽  
Modes Of Representation ◽  
Artistic Interventions

AbstractIn the past ten years or so, several documentaries on international criminal justice have been produced, shown at film festivals, and used for advocacy and educational purposes. On some occasions, artists, humanitarian organizations, and the Office of the Prosecutor of the International Criminal Court (ICC) have worked closely together in the production of documentary films. Documentaries have thus become important tools for education and the spread of imageries of international criminal justice. So far, however, international legal scholars have largely shied away from researching cinematic representations of their field. In this article, I seek to remedy this by focusing on a family of four recent influential documentaries related to the ICC: The Reckoning, The Court, Prosecutor, and Watchers of the Sky. All four use similar modes of representation, narration and promotion and basically communicate the same message about the Court. My article critically analyzes how such artistic interventions have helped create specific images, stories, and sentiments.

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

2012 ◽  
Vol 25 (2) ◽  
pp. 491-501 ◽  
Author(s):  
ANTONIO CASSESE
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
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.

Sign in / Sign up

Export Citation Format

Share Document