UN Efforts to Make isis Accountable for International Crimes: the Challenges Posed by Iraq’s Domestic Law

2021 ◽  
pp. 1-32
Author(s):  
Mohamad Ghazi Janaby ◽  
Ahmed Aubais Alfatlawi
Keyword(s):  
War Crimes ◽  
Legal Issues ◽  
Crimes Against Humanity ◽  
Criminal Investigation ◽  
Practical Implementation ◽  
International Crimes ◽  
Legal Challenges ◽  
Terrorist Acts ◽  
The Military ◽  
Domestic Law

Abstract Following the military defeat of isis in Iraq in December 2017, it has become clear that a logical next step would be to hold members of isis accountable for crimes committed during the capture of a number of principal Iraqi cities between 2014–2017. The unsc, accordingly, decided to investigate isis crimes internationally by establishing UNITAD to document isis violations whilst leaving any proposed prosecutions to be conducted internally by Iraqi courts. The practical implementation of this hybrid international mechanism for prosecuting isis members has generated some legal challenges caused particularly by the national laws of Iraq. Some of these legal issues arise in relation to unitad’s subjective jurisdiction to collect evidence concerning isis terrorist acts that might amount to evidence of war crimes, genocide and crimes against humanity. Others arise in relation to whether unitad’s criminal investigation procedures align or conform with Iraq’s criminal procedure laws. This paper examines these challenges and will propose some appropriate solutions.

scholarly journals Przedterminowe zwolnienie z kary pozbawienia wolności skazanych za ludobójstwo, zbrodnie przeciwko ludzkości i wojenne na mocy orzeczeń międzynarodowych trybunałów karnych „ad hoc” oraz ich sukcesora w postaci Mechanizmu Rezydualnego ONZ

2021 ◽  
Vol 43 (3) ◽  
pp. 209-226
Author(s):  
Małgorzata Szwejkowska
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Armed Conflicts ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Early Release ◽  
International Crimes ◽  
Domestic Law

In the last decade of the 20th century, a war in the former Yugoslavia broke out, once again making Europe a witness to an armed conflict. Almost at the same time, another local ethnic bloodshed started, but this time in distant Africa — in Rwanda. Both these events included the most horrifying international crimes against humanity: genocide and war crimes. To prosecute the most important commanding figures involved in these conflicts and hold them criminally responsible, two ad hoc United Nations tribunals were created: International Criminal Tribunal for the former Yugoslavia in Hague and International Criminal Tribunal for Rwanda in Arusha. They finished their operation in 2017 and 2015, respectively. The tasks of conducting and completing all ongoing proceedings, including law enforcement, after the completion of their mandates have been entrusted to the UN International Residual Mechanism. One of the crucial assignments of the tribunals and later the Redisual Mechanism was to deal with the request on behalf of the convicted for granting them early release. Although none of the statutes of the aforementioned courts provided any ground for early release, soon it was accepted that both tribunals, as well as their successor, were entitled to proceed despite this issue. As soon as in 2001, the first convict was granted early release, but with no conditions. It is estimated that, to date, more than 2/3 of all convicted by the Tribunals have been released before the termination of their sentence. This should raise the question of how to rehabilitate that kind of offender, convicted of genocide, war crimes, or crimes against humanity, to ensure they do not pose a threat to society anymore. Especially since the offenders serve their punishment outside the country of their origin — meaning, different rules apply according to the domestic law regulation of the state that voluntarily agreed to enforce the sentence. This article analyzes the juridical approach of the tribunals and the Residual Mechanism on the issue of early release of the convicts involved in the armed conflicts in the former Yugoslavia and Rwanda.

scholarly journals Parties to Offences under the Canadian Crimes against Humanity and War Crimes Act : an Analysis of Principal Liability and Complicity

2010 ◽  
Vol 50 (3-4) ◽  
pp. 967-1014 ◽  
Author(s):  
Fannie Lafontaine
Keyword(s):  
International Law ◽  
War Crimes ◽  
Criminal Code ◽  
International Criminal Law ◽  
Individual Responsibility ◽  
Crimes Against Humanity ◽  
International Crimes ◽  
Canadian Law ◽  
Legislative Choice ◽  
Domestic Law

The Crimes against Humanity and War Crimes Act presents an interesting mosaic of law applicable to the domestic prosecution of genocide, crimes against humanity and war crimes. The definitions of offences refer essentially to international law, whereas the available defences, justifications and excuses are those of both Canadian law and international law, and the modes of participation in offences are exclusively those of Canadian law. This raises the question of the relevance and effectiveness of the legislative choice to apply domestic law to the principles of liability for international crimes. The present study offers a preliminary and limited analysis of certain modes of participation in offences provided for by the Act, namely perpetration and complicity pursuant to section 21 of the Criminal Code. This analysis aims at assessing, in light of the principles developed in international criminal law with respect to individual responsibility, whether and how Canadian law may be adapted to the particular — collective — nature of international crimes.

International Cooperation for the Repression of Core Crimes

2021 ◽  
Vol 3 (2-3) ◽  
pp. 67-89
Author(s):  
Alessandra Annoni
Keyword(s):  
International Cooperation ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Horizontal Cooperation ◽  
For Profit ◽  
Contextual Element ◽  
Criminal Groups ◽  
International Instruments ◽  
Domestic Law ◽  
State Cooperation

Abstract The burden of ensuring the repression of crimes that shock the conscience of mankind lies primarily with States. National prosecution of core crimes, however, relies heavily on inter-State cooperation. The obligation to cooperate in order to bring to justice the authors of war crimes, genocide and crimes against humanity may well be considered as a corollary of the erga omnes obligation to investigate and punish these crimes. The international instruments devoted to the repression of core crimes, however, fail to provide a sufficient regulatory framework for horizontal cooperation in this field, leaving it to States to make use of the tools established under domestic law, or provided by other existing treaties. The UNTOC and its Supplementing Protocols may prove useful in this framework. Even though these instruments were not expressly designed to tackle core crimes, some of the offences covered by them may indeed qualify as crimes against humanity or war crimes, if assisted by the ‘contextual element’ which characterizes the latter crimes. The UNTOC, moreover, can be used to further the prosecution of criminal groups that aid the commission of core crimes for profit.

Part VI Impact, ‘Legacy’, and Lessons Learned, 47 The Deterrent Effect of the ICC on the Commission of International Crimes by Government Leaders

2015 ◽  
Author(s):  
Grono Nick ◽  
Wheeler Anna de Courcy
Keyword(s):  
Armed Conflict ◽  
Large Degree ◽  
War Crimes ◽  
Lessons Learned ◽  
Deterrent Effect ◽  
Crimes Against Humanity ◽  
Policy Options ◽  
International Crimes ◽  
Atrocity Crimes

This Chapter examines in which circumstances, and under what conditions, the prospect of prosecution by the ICC may act to curtail the actions of government or rebel leaders by shifting the strategic calculus in favour of avoiding war crimes or crimes against humanity. It studies ICC engagement and its impact in Uganda, the DRC, Colombia, Sudan, Kenya, and Mali. It argues that success or failure of ICC deterrence rests to a large degree on its ability to pursue successful prosecutions. It concludes that potential to deter future atrocity crimes may not exist in all cases, and probably not in the midst of armed conflict, but could exist in those situations where the commission of crimes is one of a series of policy options available to a leader facing a challenge to his or her authority.

Punishing the Enemies of All Mankind

2008 ◽  
Vol 21 (4) ◽  
pp. 971-993 ◽  
Author(s):  
ALETTE SMEULERS
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
International Criminal Justice ◽  
Collective Violence ◽  
Mass Violence ◽  
International Crimes

How do we and how should we punish perpetrators of international crimes such as war crimes, crimes against humanity, and genocide? Is it fair to hold individuals responsible for their role in manifestations of this type of collective violence? Do the punishments issued by international criminal institutions support the usual penological rationales? Do they actually attain their goals? Is the Westernized international criminal justice system the most appropriate means of dealing with mass violence, especially in non-Western countries which might have a different perception of justice? What are the alternatives? These are just some of the questions which Mark Drumbl addresses in this book.

The Treatment of International Crimes in Chilean Jurisprudence: A Janus Face

2010 ◽  
Vol 10 (4) ◽  
pp. 535-547
Author(s):  
José Luis Guzmán Dalbora
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Military Regime ◽  
International Crimes ◽  
The Supreme Court ◽  
The Military ◽  
Principle Of Legality ◽  
Domestic Law

AbstractThis article discusses how Chilean jurisprudence has reviewed the crimes perpetrated by the military regime that ruled Chile from 1973 to 1990. Because the Chilean legislation did not have a catalogue of international crimes until 2009, the jurisprudence had to prosecute the military regime's crimes as common offences—mainly as abductions and murders. After years of resistance to accept international principles, the attitude of higher courts, especially the Supreme Court, started to change in the nineties, consistent with the consolidation of the restored democracy. This change is especially reflected in the question of the validity of the prosecution of these crimes, which were hindered by an amnesty law issued in the period of the military regime and by the statute of limitations. As the Amnesty Law is no longer applicable, today the debate focuses on the non-applicability of the statute of limitations. All this has led to rulings with hybrid content: half domestic law, half international law, a Janus face — as the author mentions — that may be dangerous for the principle of legality.

scholarly journals The Problem of Witness Interference before International Criminal Tribunals

2015 ◽  
Vol 15 (4) ◽  
pp. 700-732 ◽  
Author(s):  
Anne-Marie de Brouwer
Keyword(s):  
International Criminal ◽  
Country Of Origin ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Protection Orders ◽  
International Crimes ◽  
International Criminal Tribunals

Victims of international crimes, such as genocide, crimes against humanity and war crimes, are considered crucial in establishing the evidence in cases before international criminal tribunals. Yet, due to the geographic, political, ethnic or religious circumstances in the country of origin, the nature of the crimes concerned and the nature of the victims’ or accuseds’ involvement in the crimes, international cases also bring with them significant risks for victims/witnesses and challenges for tribunals in protecting them. At times, individuals have disclosed identifying information of victims/witnesses in violation of protection orders of the tribunal, which has led to threats, intimidations and even murders, and ultimately, in a number of cases, the unwillingness of victims/witnesses to testify. Although the tribunals have measures at their disposal to sanction individuals breaching protection orders, the question remains how big the problem of witness interference really is and how to address this issue adequately.

Domestic Adjudication of Sexual and Gender-based Violence in Armed Conflict: Considerations for Prosecutors and Judges

2011 ◽  
Vol 4 (1) ◽  
pp. 85-122
Author(s):  
Evelyn W. Kamau
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Gender Based Violence ◽  
International Crimes ◽  
Gender Based ◽  
And Gender ◽  
Perceived Challenge ◽  
Constituent Elements

AbstractThe increased domestication of international core crimes like genocide, crimes against humanity and war crimes has placed national prosecutors and judges on unfamiliar ground. Specifically, though very welcome, the recognition of acts of sexual and gender-based violence (SGBV) as constituting core international crimes poses a further challenge. The circumstances surrounding the commission of SGBV as international core crimes, coupled with their unique elements and manner of proof, makes their domestic prosecution seem that much more difficult. An understanding of how acts of SGBV constitute international core crimes, their constituent elements and the manner of proving them, coupled with how to treat victims and witnesses of SGBV, goes a long way in easing the perceived challenge of domestically prosecuting them. This article is geared towards achieving that and is directed at people who are involved in or are considering carrying out domestic prosecutions and adjudications of SGBV as international core crimes.

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