Bridging the Gap between Criminological Theory and Penal Theory within the International Criminal Justice System

2014 ◽  
Vol 22 (3) ◽  
pp. 249-279 ◽  
Author(s):  
Athanasios Chouliaras
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
International Criminal ◽  
State Crime ◽  
Criminological Theory ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
International Crimes

The main objective of this article is to put forward a critical analysis of the emergent international criminal justice system, epitomized by the creation of the permanent International Criminal Court (icc). Such an endeavour is warranted on the assertion that international criminal justice scholarship has entered into a ‘reflective’ phase, the hallmark of which lies in the re-evaluation of the institutions of international criminal law in the light of the distinctive traits of international criminality derived from the combination of the criminological theory of state crime and the rising theory of international crime in the domain of international criminal law. In this context, the article summarizes the basic points and the epistemological premises of the criminological theory of state crime, while seeks to delimit the subject matter by alluding to the concept of core international crimes arising from the normative system of the icc. The core aim of such a combined approach is not to downplay the existing differences between the criminological concept of state crime and the penal concept of core international crimes, but to highlight common points in order to draw tentative conclusions and make some preliminary suggestions from a criminal policy perspective.

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 Normative Basis for Victims' Rights and Their Status in the Criminal Justice Process

2019 ◽  
pp. 57-113
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
International Criminal Justice ◽  
International Crimes ◽  
Conflict Situations ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Normative Basis

In this chapter, the study moves from the legal basis upon which these crimes can be prosecuted to victim-oriented approaches in the criminal justice system. It critically examines the emerging trend of victims-centred approach in international criminal justice system and especially how developments in some domestic systems have informed the growing trend to address the needs of victims in international criminal justice. The discussion in this chapter indicates that the relatively new idea of justice for victims of international crimes suggests that the international criminal justice process should attend to victims' needs, thereby contributing in the rebuilding of war-torn communities. The author argues that while the relatively new victim-centred approach to international crimes remains a significant component of comprehensive victim-focused responses, the complex realties of victims of sexual violence in conflict situations provide a unique range of challenges in addressing the needs of victims in the context of international criminal justice system.

scholarly journals Special tribunal for Lebanon: legal and institutional principles of activity

Legal Ukraine ◽  
2020 ◽  
pp. 48-57
Author(s):  
Oleksandr Bazov
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
Practical Interest ◽  
International Criminal Law ◽  
Institutional Framework ◽  
International Criminal Justice ◽  
Institutional Foundations ◽  
International Character

The article presents the result of a study of the legal and institutional framework of the Special Tribunal for Lebanon. In particular, the role of the UN Security Council and the Government of the Lebanese Republic in the establishment of this Tribunal, the features of its legal and institutional framework as a court of international character are determined. The analysis of its international and national components is carried out. The jurisdiction of the Tribunal and the practice of its activity are studied. In the current conditions of active development of the system of international criminal justice in the field of view of the science of international law are international criminal courts of the so-called “new wave” or “third generation”, the study of legal and institutional principles of which is of great scientific and practical interest. The aim of the article is to study the legal and institutional foundations of the formation and operation of the court of international character – the Special Tribunal for Lebanon, which occupies a special place in the international criminal justice system given the specific features of its formation and operation, its international and national components. The scientific novelty of the research results is that a comprehensive study of the legal and institutional foundations of the establishment and operation of the Special Tribunal for Lebanon in Ukraine is carried out for the first time. The study of the legal and institutional foundations of the establishment and operation of this Tribunal, its jurisdictional powers and practices is important both for the further development of international criminal law and for the improvement of the international criminal justice system. Key words: international crimes, terrorism, special tribunal, legal bases, institutional bases.

Omnipresent Threats: A Comment on the Defence of Duress in International Criminal Law

2014 ◽  
Vol 14 (3) ◽  
pp. 471-512 ◽  
Author(s):  
Jennifer Bond ◽  
Meghan Fougere
Keyword(s):  
Criminal Justice ◽  
Environmental Factors ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Rome Statute ◽  
International Criminal ◽  
International Criminal Law ◽  
Reasonable Belief ◽  
The Many

This article argues that in the context of international criminal law, the defence of duress must be considered where an actor is compelled to commit a crime as a result of a sufficiently serious threat – even if the form of that threat is not explicit or direct and the pending harm will not necessarily occur within a specific period of time. Drawing on the current conflict in Syria to exemplify our argument, we advocate for an approach that allows consideration of the many environmental factors that may cumulatively create an ‘omnipresent threat’ that should not be disregarded by the criminal justice system. We propose that duress should be considered where the actor held a genuine and reasonable belief that she faced a sufficiently serious threat and that commission of the offence was the only way to escape the harm. We urge that Article 31(1)(d) of the Rome Statute be interpreted accordingly.

International Criminal Law and International Criminal Justice

2018 ◽  
Author(s):  
Kai Ambos ◽  
Alexander Heinze
Keyword(s):  
Criminal Justice ◽  
International Law ◽  
Criminal Law ◽  
Justice System ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Public International Law ◽  
Individual Criminal Responsibility

International Criminal Justice is a controversial concept, and there is a burgeoning body of literature on its exact contours. Understood broadly, the term “international criminal justice” covers a broad category, integrating international criminal law (ICL) within an overarching interdisciplinary enterprise also “incorporating philosophical, historical, political and international relations, sociological, anthropological and criminological perspectives” (Roberts, 2007). International criminal law consists, at its core, of a combination of criminal law and public international law principles. The idea of individual criminal responsibility and the concept of prosecuting an individual for a specific (macrocriminal) act are derived from criminal law, while the classical (Nuremberg) offenses form part of (public) international law and thus the respective conduct is directly punishable under ICL (principle of direct individual criminal responsibility in public international law). The dualistic base of international criminal law is also reflected in the reading of the mandates of the international criminal tribunals; one can either take a “security, peace, and human rights”–oriented approach or a “criminal justice”–oriented approach, either of which may entail a paradoxical goal or purpose ambiguity of international criminal law. In any case, the strong grounding in criminal law, together with the actual enforcement of international criminal law by way of international criminal proceedings and trials, converts international criminal law into criminal law on a supranational level and thus entails the full application of the well-known principles of liberal, post-enlightenment criminal law, in particular the principles of legality, culpability, and fairness. These principles constitute the minimum standard of any criminal justice system based on the rule of law and thus must also apply in an international criminal justice system. The adoption of the Rome Statute of the International Criminal Court (ICC) in 1998 and the effective establishment of the Court in 2002 have led to an institutionalization of international criminal law, turning the page on ad hoc imposition in favor of a treaty-based universal system. In addition, the Rome Statute provides for the first codification of international criminal law, with a potentially universal reach. Therewith, international criminal law was not only united into a single penal system of the international community, but it was also extended beyond its fundamental core areas of substantive and procedural law into other branches of criminal law (law of sanctions, enforcement of sentences, and judicial assistance).

Principles of International Criminal Law

2020 ◽  
Author(s):  
Werle Gerhard ◽  
Jeßberger Florian
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Systematic Approach ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Criminal Justice ◽  
International Crimes

This book is one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates the work with developments in international criminal justice since 2014. The book retains its systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.

Addressing violations of international humanitarian law through the international criminal justice system: A criminologist’s contribution

2020 ◽  
Vol 33 (3) ◽  
pp. 670-684
Author(s):  
Simeon P Sungi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
War Crimes ◽  
International Humanitarian Law ◽  
International Criminal Justice ◽  
Humanitarian Law ◽  
Criminal Offending ◽  
International Crimes

The international criminal justice system has resorted to criminal sanctions as the sole response to international criminal offending, including international humanitarian law (IHL) violations. While responding to international criminal offending, the international criminal justice system has overly relied on utilitarianist and retributivist assumptions to criminal punishment that assumes the application of criminal law in enforcing compliance to societal norms in order to deter potential norm violators and to induce compliance. Furthermore, correcting criminal behaviour creates a sense of accountability and appeases victims of international humanitarian law violations and other international crimes. Arguments in support of this strategy also posit that it is important to take these steps because it brings a sense of respect to the rule of law or what is popularly known as fighting ‘impunity’. A reflection on the Nuremberg and the Tokyo trials following World War II seems to have influenced the criminalising of war crimes and other international crimes. On the other hand, criminologists over a century now have been studying causes of crime to influence public policy in crime prevention. It is, therefore, imperative to examine the aetiology of international humanitarian law violations through a criminological lens to inform international criminal justice policy on best approaches in responding to international crimes in general and war crimes in particular. The essay examines international humanitarian violations in the Democratic Republic of Congo to find out whether the international criminal justice system’s response to war crimes meet the purported stated goals of the international criminal justice system. The Lubanga case in the DRC situation is informative since it is the first conviction before the International Criminal Court.

scholarly journals Questions of the Legal Status of a Kosovo Specialist Chambers and Specialist Prosecutor’s Office

2020 ◽  
pp. 433-440
Author(s):  
Olexandr Bazov
Keyword(s):  
Criminal Justice ◽  
International Law ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
International Crimes ◽  
Institutional Foundations

In the current conditions of the active development of the international criminal justice system from the Nuremberg and TokyoWar Crimes Tribunals, and after – the International Criminal Tribunals for the former Yugoslavia and for Rwanda, international criminaljudicial authorities of the so-called «new wave» or «third generation» are in the field of view of the science of international law, thestudy of the legal and institutional foundations of which represents significant scientific and practical interest. The legal and institutional foundations of the activities of a Special Court in Kosovo (the name also used to denote the KosovoSpecialist Chambers and Specialist Prosecutor’s Office) in the science of international law, in our opinion, has not sufficiently studied.We believe that this is due both to the fact that this Court, as new type of international criminal justice, was created recently, aswell as to the insignificant and contradictory practice of its judicial activity.Considering the foregoing, the aim of the article is to study the legal and institutional foundations and activities of a Special Courtto investigate war and other international crimes that were committed on the territory of Kosovo and which occupies a special place inthe international criminal justice system, given the specific features of its creation and activities, the formations of its international andnational components.The scientific novelty of the research results is that a comprehensive study of the legal and institutional foundations of the creationand activities of the Court, in Ukraine is being done for the first time.As the same time, during the scientific study, it was taken into account that this Court was created with the active participationof the United Nations, the Council of Europe, the European Union and also individual countries, as well as Kosovo in ordered to pro -secute for the commission of international crimes during the armed conflict in the territory of the former Yugoslavia, the «winners» –the former leaders of the Kosovo Liberation Army (UÇK), who were never prosecuted for their commissions of international crimesduring the activities of the International Criminal Tribunal for the former Yugoslavia (ICTY).

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