scholarly journals Environmental Crimes: Effect of COVID-19 on Non-human Victims

2021 ◽  
pp. 251660692110311
Author(s):  
Yashprada Joglekar

The article aims at finding out the impact of COVID-19 on forest and wildlife crimes, as the novel coronavirus or COVID-19 stalled our daily activities in the most unexpected manner. Studies have shown that the origin of any influenza virus is typically from animals.2 Thus, a direct nexus can be established between wildlife trade (primarily which is illegal) and the spread of coronavirus. United Nations Environmental Programme of 2016 identified issues of upcoming zoonotic diseases while discussing their emergence and re-emergence and its link with the ecosystem. In this article, an attempt is made to understand the framework and stance of International Criminal Court in regard to the environmental crimes. Further this article mentions the role International Criminal Court can play if the office of prosecutor were to try and prosecute the cases of environmental crimes. Further, Sustainable Development Goals 13, 14 and 153 play an important role in this secondary study. Since these goals have presented us with the opportunity to interlink goals with one another and thus discuss the need of protecting and conserving non-human victims of environmental harms along with human victims. Study of reports from international and national organizations, law journals, case laws, news reports, books, commentaries, etc., are used and finally the conclusive remark is based on the interpretation of this primary data. This article solely proposes to analyse and identify the challenges faced by non-human victims mainly forest and wildlife during the course of pandemic outbreak.

Author(s):  
Kjersti Lohne

Kjersti Lohne describes the impact of non-governmental organizations at the International Criminal Court (ICC), in particular discussing the relative lack of regard for defendants’ rights, and especially highlighting the difficulties encountered by those acquitted. After the Coalition for the International Criminal Court contributed to the establishment of the ICC itself in the fight against impunity for international crimes, that Coalition has continued a victim-oriented approach, arguably at the expense of defendants’ rights. The ICC’s focus on victims, ‘truth’, and ‘memory’ may challenge the legitimacy of the Court in the longer run.


The International Criminal Court is a controversial and important body within international law and is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changing context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparalleled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned.


2011 ◽  
Vol 11 (1) ◽  
pp. 105-136
Author(s):  
Jens Dieckmann ◽  
Christina Kerll

AbstractThis article seeks to assess the impact of the system of ad hoc counsel on the fairness of proceedings before the International Criminal Court. The authors begin by outlining the legal framework governing the appointment of ad hoc counsel, and then consider in greater detail the various investigative and pre-trial stages in which ad hoc counsel have been appointed. The authors further seek to identify the various issues which have arisen as a result of individual ad hoc counsel's conduct before the Court. Finally, they consider what impact the system of ad hoc counsel can have upon the fairness of subsequent trial proceedings, and what future developments in the system could promote the fairness of the overall proceedings before the Court.


2016 ◽  
Vol 16 (3) ◽  
pp. 525-546 ◽  
Author(s):  
Caleb H. Wheeler

The Rome Statute of the International Criminal Court (icc) adopted an innovative participatory role for victims hailed as a major step towards recognising the rights of victims in international criminal proceedings. However, it is unclear whether direct participation has resulted in a more productive role for victims. This article discusses the goals of trial, focusing on the victims’ interests and the interests of the icc; the statutory and jurisprudential rules pertaining to victims’ participation at the Court; and the testimony of witnesses questioned by the victims’ representatives in the Lubanga and Katanga trials. The article concludes that the victims’ representatives in Lubanga and Katanga achieved some of the goals of trial but had a more limited impact on others. It also warns that the icc needs to continue to protect the rights of the victims and ensure that it does not improperly limit their participation.


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