scholarly journals Nullum Crimen and International Criminal Law: The Relevance of the Foreseeability Test

2015 ◽  
Vol 84 (3) ◽  
pp. 515-531
Author(s):  
Harmen van der Wilt
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
International Crimes ◽  
European Court ◽  
Starting Point

This article traces the development of the foreseeability test in the context of the nullum crimen principle. While the European Court of Human Rights has introduced the ‘accessibility and foreseeability’ criteria long ago in the Sunday Times case, the Court has only recently started to apply this standard with respect to international crimes. In the Kononov case, judges of the European Court of Human Rights exhibited strongly divergent opinions on the question whether the punishment of alleged war crimes that had been committed in 1944 violated the nullum crimen principle. According to this author, the dissension of the judges demonstrates the lack of objective foreseeability, which should have served as a starting point for the assessment of the subjective foreseeability and a – potentially exculpating – mistake of law of the perpetrator. The Court should therefore have concluded that the nullum crimen principle had been violated.

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.

INTERNATIONAL CRIMINAL LAW AND AR (AZERBAIJAN REPUBLIC) LEGISLATION GENOCIDE CRIME AND ITS COMPARATIVE ANALYSIS WITH OTHER INTERNATIONAL CRIMES

2020 ◽  
Vol 53 (04) ◽  
pp. 48-52
Author(s):  
Erkin Humbat Musayev Humbat Musayev ◽  
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Key Words ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
Transnational Crime ◽  
International Criminal Law ◽  
International Crimes

Key words: international law, international criminal law, genocide, war crimes, transnational crime

scholarly journals The Crisis of International Criminal Law in Africa: A Regional Regime in Response?

2019 ◽  
Vol 66 (2) ◽  
pp. 287-311
Author(s):  
Eki Yemisi Omorogbe
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Crimes

Abstract This article considers the African Union’s (AU) proposal for a regional court for international crimes under the Malabo Protocol 2014 (Protocol). It places that within the AU’s rejection of the International Criminal Court’s (ICC) arrest warrants for African Heads of States that are not party to the Rome Statute and a more general protection of incumbents. It argues that the enthusiasm for establishing a regional criminal court, which lacks jurisdiction to prosecute incumbents, has not been sustained and African states remain committed to the ICC. It shows that nevertheless the Protocol’s provisions on genocide, crimes against humanity and war crimes, although imperfect, better address the specific character of armed conflicts in Africa than current international law, including the Rome Statute of the ICC. It concludes that the regional court for international crimes is unlikely to be established unless the ICC takes further action against incumbent leaders but that the Protocol’s provisions could be used in the development of a more Africa-centric international law.

Developments in international criminal law and the case of business involvement in international crimes

2012 ◽  
Vol 94 (887) ◽  
pp. 981-1005 ◽  
Author(s):  
Joanna Kyriakakis
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
International Criminal ◽  
Charles Taylor ◽  
Criminal Court ◽  
International Criminal Law ◽  
Humanitarian Law ◽  
International Crimes ◽  
Business And Human Rights ◽  
Recent Developments

AbstractIn the wake of the mandate of the Special Representative of the United Nations Secretary-General for Business and Human Rights (SRSG), international criminal law looks set to play a role in measures towards the legal accountability of business actors involved in gross human rights and humanitarian law violations. Against the backdrop of the SRSG's now completed mandate, this article looks at three recent developments in international criminal law to consider the field's potential relevance to business actors involved in conflict. The first is the newest mode of liability recently adopted by the International Criminal Court, indirect perpetration through an organisation. The second is the aiding and abetting doctrine as applied by the Special Court for Sierra Leone in the Charles Taylor case. The third is the potential uptake of a practice of thematic prosecutions focusing on particular under-regulated issues of concern for the international community.

scholarly journals Non-applicability of Prescription to War Crimes during Iraq’s War against Iran

2016 ◽  
Vol 9 (5) ◽  
pp. 65
Author(s):  
Seyed Rasoul Ghorishi ◽  
Sabber Niavarani ◽  
Seyed Ghasem Zamani
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
Main Question ◽  
Public Attention ◽  
Main Obstacle ◽  
International Crimes ◽  
Long Time ◽  
International Responsibility

<p>International responsibility of Iraq regarding imposed war against Iran and compensating all harms has been an issue attracted public attention in Iran; in a way that sometimes it has been discussed. Nevertheless, it should not be ignored that this war happened long time ago, thus it involves the issue of Prescription or Statutory Limitations. Since the Statutory Limitation often is the main obstacle facing the culture of non-punishment, the main question is that whether Iraqi’s war crimes is supposed to prescription?</p>It should be noted that prominent values of humanity entail the condemning of severe international crimes and non-applicability of principle of prescription. Therefore, International Criminal Law through codification of regional and international documents including the Supreme Iraqi Criminal Tribunal has predicted a period of 35 years for investigation of Iraqi high-ranking officials’ crimes: Accordingly, it seems that the theory of non-applicability of prescription over Iraqi’s war crimes during war against Iran has been substantiated.

scholarly journals La protección en la jurisdicción penal internacional del derecho a la cultura: los crímenes internacionales de destrucción del patrimonio cultural | The protection under international criminal jurisdiction of the right to culture: internacional crimes regarding destruction of cultural heritage

2019 ◽  
pp. 224
Author(s):  
María Torres Pérez
Keyword(s):  
Cultural Heritage ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
Final Solution ◽  
International Context ◽  
International Crimes ◽  
Global Vision ◽  
The Right

Resumen: El presente artículo pretender dar una visión global de la protección del derecho a la cultura a través del derecho internacional penal y en concreto, a través de la tipificación de los crímenes de destrucción del patrimonio cultural. La persecución de tales delitos internacionales ha seguido la senda de otros crímenes en derecho internacional penal, englobándose en un primer momento entre los crímenes de guerra para de forma posterior superar dicha tipificación para poder ser tratado como crímenes de lesa humanidad de persecución e incluso, como indicios de una conducta genocida. En el presente contexto internacional, la denegación del derecho a la cultura como método de guerra es innegable en los conflictos protagonizados por los nuevos actores internacionales por lo que la solución final del derecho internacional penal debe progresar para erigirse en un método de protección privilegiado. Abstract:  The present article intends to give a global vision of the protection of the right to culture through international criminal law and in particular, through the tipification of crimes of destruction of cultural heritage. The prosecution of such international crimes has followed the path of other crimes in international criminal law, initially included in the type of war crimes and later overcoming such tipification in order to be treated as a crime against humanity of persecution and even, as indications of a genocidal behavior. In the present international context, the denial of the right to culture as a method of warfare is undeniable in conflicts involving new international actors, so the final solution of international criminal law must progress to become a privileged method of protection.

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.

Legality, Culpability and Dogmatik: A Dialogue between the ECtHR, Comparative and International Criminal Law

2015 ◽  
Vol 15 (5) ◽  
pp. 823-860
Author(s):  
Giulio Vanacore
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Common Law ◽  
Case Law ◽  
Criminal Court ◽  
International Criminal Law ◽  
European Court ◽  
Constitutive Element

This article aims to analyse a peculiar interplay between the case-law of the European Court of Human Rights (ECtHR), comparative and international criminal law. The discussion focuses on legality, foreseeability of the criminal nature of conduct, knowledge of a fact’s wrongfulness and mistakes of law. Starting from foreseeability as a constitutive element of legality in the ECtHR case-law, the author examines ‘knowability’ of a fact’s wrongfulness as a component of the Continental law Dogmatik category of culpability, the issue of ignorance in common law and the general interaction between the principles of legality and culpability. With regard to the International Criminal Court, there is a problematic need to establish a personal mental link between an individual’s actions and the system criminalising such action. In this context, the issue of foreseeability as applied to modes of liability has proven to be problematic. The upshot is this paper’s appeal for a truly international criminal Dogmatik.

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.

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