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.

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 PERBUDAKAN SEKSUAL (SEXUAL SLAVERY) SEBAGAI KEJAHATAN KEMANUSIAAN DAN PERANG DI BAWAH HUKUM INTERNASIONAL

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Arif Rohman
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Rome Statute ◽  
War Crimes ◽  
Internal Conflict ◽  
Crimes Against Humanity ◽  
Sexual Slavery ◽  
Geneva Conventions ◽  
Set Up ◽  
International Instruments

Abstrac Almost every case of armed conflict both internal conflict and inter-state conflicts, violations that fall into the category of crimes against humanity. One such crime is sexual slavery. Nevertheless, the true multiple instrument products have set about sexual slavery, but in fact violations still occur, so how to regulate the instrument set up and how the application of the instrument. The approach used in this study a statutory approach and approach the case, it is intended to determine the international instruments which regulate and application of the crime of sexual slavery. Sexual slavery has been set up in several instruments and is a violation of the Fourth Geneva Conventions of 1949, Additional Protocol II of 1977, the Universal Declaration of Human Rights, the Rome Statute, anti-torture convention so that it can be regarded as war crimes. Sexual slavery is expressed as slavery not as rape. Evidently some tribunal (ICTY, ICTR, Tokyo Tribunal, and ICC) which has been in effect and entrap the perpetrators of sexual slavery was found guilty.Key words: Sexual slavery, Crime Humanity, War Crimes and International Law

scholarly journals And then Two Came Along at Once: Inter-State Cooperation on Core Crimes, the ilc and the Group of Core States

2020 ◽  
Vol 20 (3) ◽  
pp. 551-586
Author(s):  
Alison Bisset
Keyword(s):  
International Law ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Legal Assistance ◽  
Judicial Cooperation ◽  
Mutual Legal Assistance ◽  
Multilateral Cooperation ◽  
International Crimes ◽  
State Cooperation ◽  
Inter State

Despite their fundamental importance in the effective prosecution of international crimes, inter-state judicial cooperation regimes have long been overlooked. However, two new initiatives have recently emerged. The first is the International Law Commission’s Draft Articles on Crimes against Humanity (Draft Articles), which aims to create a global convention on prevention, punishment and inter-State cooperation with respect to crimes against humanity. The second initiative, the Mutual Legal Assistance Treaty for core crimes (mla Treaty), is wider in scope. It encompasses genocide, war crimes and crimes against humanity and seeks the conclusion of a multilateral cooperation treaty to enable the effective provision of mutual legal assistance and extradition of suspects in relation to these crimes. The aim of this article is to critically assess the merits and shortcomings of these two initiatives in the effort to enhance inter-state cooperation in the prosecution of international crimes and their abilities to remedy current problems.

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.

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.

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.

The First Wave of International War Crimes Trials: Istanbul and Leipzig

2006 ◽  
Vol 14 (4) ◽  
pp. 441-455 ◽  
Author(s):  
ALAN KRAMER
Keyword(s):  
War Crimes ◽  
Second World War ◽  
Crimes Against Humanity ◽  
World War ◽  
The First World War ◽  
War Crimes Trials ◽  
International War ◽  
Second World ◽  
First World ◽  
Foundation Stone

The Nuremberg tribunal following the Second World War is universally considered as the foundation stone of international law with regard to war crimes and crimes against humanity. It may come as a surprise, however, to learn that the first international attempts to prosecute war crimes and crimes against humanity came at the end of the First World War, with trials held at Allied prompting in Turkey and Germany.

Ways to counteract transnational crime in Russia

2020 ◽  
pp. 18-20
Author(s):  
Vasiliy Aleksandrovich Dadalko ◽  
Victoria Aleksandrovna Pobedushkina
Keyword(s):  
International Cooperation ◽  
Organized Crime ◽  
Transnational Crime ◽  
Economic Security ◽  
Transnational Organized Crime ◽  
Effective Work ◽  
Foreign Countries ◽  
The World ◽  
Criminal Groups ◽  
Current Mechanism

The article is devoted to possible ways of counteracting transnational organized crime in Russia. A number of proposals have been developed to change and toughen the measures to combat transnational crime in Russia. The current situation of transnational criminal groups in the world is analyzed, and the threat they pose is demonstrated. The importance of strengthening international cooperation for effective work in this direction is noted. The current mechanism of counteraction in foreign countries is considered. The materials of the article can be used as teaching materials for courses related to economic security.

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