Current State of International Criminal Law

2021 ◽  
pp. 23-39
2016 ◽  
Vol 42 (4-5) ◽  
pp. 487-499 ◽  
Author(s):  
Max Pensky

International criminal law (ICL) is dedicated to the battle against impunity. However, the concept of impunity lacks clarity. Providing that clarity also reveals challenges for the current state and future prospects of the project of ICL, which this article frames in cosmopolitan terms. The ‘impunity norm’ of ICL is generally presented in a deontic form. It holds that impunity for perpetrators of international crimes is a wrong so profound that states and international bodies have a pro tanto duty to prosecute and punish perpetrators, a duty that cannot be overridden by considerations of cost, including the costs of infringing on the traditionally understood legal sovereignty of states. This deontic reading of the impunity norm is difficult to justify, a fact linked to the waning fortunes of ICL over the past several years. If ICL is to reverse this trend, the impunity norm’s strongly deontic reading should be replaced by a version derived from deliberative principles.


2015 ◽  
Vol 28 (4) ◽  
pp. 701-716 ◽  
Author(s):  
SERGEY VASILIEV

Taking up the torch from my fellow co-editors who have addressed substantive and methodological issues of international criminal law (ICL) in their contributions, I propose to turn to the current state and prospects of its scholarship. The moment is opportune for such a reflection. The questions raised by the production and dissemination of international legal scholarship were the leitmotif of past editorials and its (changing) role was chosen as the theme of the latest LJIL symposium. The professional functions of international legal scholars have been the subject of renewed interest and debate. To give an impulse to a similar debate in ICL, I will try to capture the zeitgeist of its academia and offer some observations on the positioning of scholarship vis-à-vis practice in ICL. Perspectives from this specialized field may enrich the existing conceptualizations of international legal scholarship and provide a new angle on its place within the profession.


2021 ◽  
Vol 18 (2) ◽  
pp. 151-163
Author(s):  
D. V. Erokhin

For many decades, the issues of systematization of international criminal law, if not in the center of attention of the subjects of international lawmaking, are at least not removed from the agenda. At the same time, the negotiation process on this topic, even at the present time, is far from over; a significant number of problems of both a legal-technical and a political nature remain unresolved. An analysis of the historical experience of the codification of international criminal law, an attempt to bring it into a single report is the main task of this article, while its purpose is to determine the most significant stages of the codification of international criminal law, to establish the prerequisites for decisions of a law-making nature adopted at the international level, their logic and significance for the current state of the system of international criminal policy. The methodology of this research is made up of such methods as formal legal, logical and systemic interpretation of law, historical and comparative analysis. Both the main and the final parts of this study represent a short excursion into the formation of international criminal policy, indicate the main guidelines in the study of various areas of international criminal law.


Author(s):  
Тамерлан Шайх-Магомедович Едреев

Развитие международного уголовного права происходит с учетом современных реалий, в которых противостояние государств зачастую приобретает формы войны в киберпространстве, при этом такого рода атаки имеют высокую опасность. В связи с этим в данной статье предпринята попытка определения кибервойны как нового вида преступления в международном уголовном праве. The development of international criminal law takes into account modern realities, in which the confrontation of states often takes the form of war in cyberspace, while such attacks are of high danger. In this regard, this article attempts to define cyber warfare as a new type of crime in international criminal law.


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