scholarly journals “We Have Been Thrown Under the Bus”: Corporate Versus Individual Defense Mechanisms Against Transnational Corporate Bribery Charges

2020 ◽  
Vol 2 (1) ◽  
pp. 24-35
Author(s):  
Isabel Schoultz ◽  
Janne Flyghed
Keyword(s):  
Defense Mechanisms ◽  
Criminal Court ◽  
Individual Responsibility ◽  
Court Case ◽  
Corporate Scandal ◽  
Telecommunication Company

The telecommunication company Telia’s dealings in Uzbekistan have resulted in bribery accusations both in Sweden and in abroad. The article analyzes the defense mechanisms produced by both the corporation and the prosecuted former executives of the company. Telia’s initially denial eventually changed into a partial acknowledgment in combination with a scapegoating discourse. While Telia hardly defended itself at all in the Swedish court, the company’s former executives employed a defense of legality, denial of knowledge, of deviance, and of responsibility as well as a claim of being scapegoated. We discuss these developments in the light of the transformation of the Telia case from a mediated corporate scandal to a criminal court case and from a focus on organizational to individual responsibility.

scholarly journals SEXUAL SLAVERY OF CHILDREN AS A WAR CRIME IN INTERNATIONAL CRIMINAL PERSPECTIVE

2020 ◽  
Vol 8 (10) ◽  
pp. 1171-1176
Author(s):  
N. Indriati ◽  
◽  
Wismaningsih a ◽  
Danial b ◽  
◽  
...  
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
Self Esteem ◽  
Criminal Court ◽  
Fundamental Rights ◽  
International Criminal Law ◽  
Individual Responsibility ◽  
Sexual Slavery ◽  
The Right

Child is a creature from God Almighty who needs to be protected by self-esteem and his dignity and is guaranteed for the right of his life to grow and develop according to his natural fate. Any form of treatment that interferes and impairs the fundamental rights in various forms of unauthorized utilization and exploitation must be discontinued without exception.This is a normative juridical research. The method of the research is statute approaches, that is analyzing sexual slavery in children as war crime, because many cases of completion can be done through international criminal court.The results showed that child is vulnerable to any crime of its form at his ag, and one of the war crimes is child sexual slavery, which are not a few children became victims. In international criminal law is known the term of individual responsibility, which means that the perpetrators of criminals either commander or soldier can be tried in the International Criminal Court established by Rome Statuteof 1998.

Part A: Articles: International Criminal Courts: A Political View

1997 ◽  
Vol 15 (1) ◽  
pp. 5-19 ◽  
Author(s):  
David P. Forsythe
Keyword(s):  
International Relations ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
Third Party ◽  
Individual Responsibility ◽  
Criminal Courts ◽  
Political Leaders ◽  
Liberal Democracies ◽  
Final Evolution

This article addresses international criminal courts in the 1990s, against the background of a growth in third-party adjudication in international relations as a whole. Given lack of knowledge about the final evolution of three courts reviewed, the author is cautious in assessing whether the condition of international relations allows for successful criminal courts that achieve more good than bad. The UN ad hoc court for former Yugoslavia faced difficult obstacles during 1993–1996. The author believes Western parties were correct in not pressing for trials of certain political leaders, although the context could change. He is sceptical that the UN ad hoc court for Rwanda can break the cycle of ethnic violence in the Great Lakes region of Africa. He does not believe major military powers will actively support a UN standing criminal court, even should the General Assembly vote it into being. In conclusion, the author believes that States will continue to make inconsistent choices about what human rights policies, including support for criminal courts, should be pursued in different contexts. International relations, or even the community of liberal democracies, is not yet characterised by a situation in which systematic concern for individual responsibility under the rule of law trumps other policy considerations.

scholarly journals Questioning in court: The construction of direct examinations

2018 ◽  
Vol 21 (3) ◽  
pp. 340-357 ◽  
Author(s):  
Lucas M Seuren
Keyword(s):  
Conversation Analysis ◽  
Criminal Court ◽  
Court Case ◽  
Direct Examination ◽  
Exchange System ◽  
Turn Taking ◽  
The Way

While courtroom examinations are often recognized as a distinct speech-exchange system, little is known about how participants do an examination beyond its unique turn-taking system. This article attempts to shed some light on this issue by studying the question design during the direct examination in an American criminal court case using Conversation Analysis. It shows that attorneys use different question forms compared to casual conversation: declaratives are far less prevalent and questions are often designed as requests for action. In addition, attorneys make use of forms that are not found in other types of interaction, such as the tag ( is that) correct. The way in which attorneys design their questions additionally shows that the rules of the courtroom have procedural consequences for how the interaction is done. But these rules have to be enacted, and it is in their violation that participants bring about categories such as leading questions.

The Legal Personality of Individuals in International Criminal Law

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Subsequent Development ◽  
Criminal Court ◽  
International Criminal Law ◽  
Individual Responsibility ◽  
Legal Personality ◽  
International Crimes ◽  
International Legal Personality

No one seriously disputes that the individual is a subject of international criminal law. But it is much less certain whether international crimes a priori entail individual responsibility, which would be in line with the ‘individualistic’ conception of international legal personality, or whether the responsibility arises a posteriori consistent with the Kelsenian approach. Following a brief account of some historical antecedents, Chapter6 provides a detailed examination of the pivotal post-Second World War trials and the subsequent development of individual responsibility for international crimes by the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC). Moreover, the chapter shows that the common practice of categorizing criminal courts as either international, internationalized, or domestic according to the ‘involvement of the international community’ ultimately rests on the orthodox ‘States-only’ conception of international legal personality.

Critical stasis and disruptive performances: ICJ and the Anwar R trial in Koblenz

2021 ◽  
pp. 136248062110085
Author(s):  
Petya Mitkova Koleva ◽  
Henrik Vigh
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Criminal Court ◽  
International Justice ◽  
Crimes Against Humanity ◽  
Court Case ◽  
International Criminal Justice ◽  
Ethnographic Fieldwork ◽  
Constitutive Process ◽  
Syrian Conflict

This article explores the extraterritorial criminal court case against Anwar R, a high-ranking member of the Syrian regime on trial for crimes against humanity in Koblenz, Germany. Empirically anchored in ethnographic fieldwork conducted in Koblenz and with the Commission for International Justice and Accountability, the article illuminates the trial as a ‘disruptive performance’. The case against Anwar R punctuates two instances of negative stasis and unsettles two accounts of chronicity, namely, those of the Syrian conflict and of the field of international criminal justice. In order to illuminate the trial as a disruptive performance, the article empirically situates the Koblenz case both in relation to the Syrian war that it relates to, to the international criminal justice apparatus that it is a part of and to the underlying compilation of evidence that substantiates it. It thus clarifies both the symbolic potential and the constitutive process that has brought it into being.

Indirect Perpetration Theory: A Defence

2015 ◽  
Vol 28 (4) ◽  
pp. 977-992
Author(s):  
MARIA GRANIK
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Individual Responsibility ◽  
International Crimes ◽  
Original Presentation ◽  
High Level ◽  
Heads Of State

AbstractThe aim of this article is to show that the concept of perpetration by means as it appears in Article 25 of the Rome Statute of the International Criminal Court (Rome Statute) accurately reflects liability for crimes committed by high-level perpetrators who exercise control over the actions of the lower-level (fully responsible) perpetrators. Finding the proper mode of liability in these cases is crucial to the International Criminal Court's (ICC) mission of ending impunity for serious international crimes. While international criminal law may be unlikely to deter criminals, especially heads of state and other powerful leaders, it can provide some sense of justice for the victims by convicting and punishing those responsible for their suffering. As such, the functions of international criminal law are to a large extent expressive and retributive. At the same time, it is important to keep the focus of international criminal law on individual responsibility of the perpetrators. It is, therefore, crucial to find proper labels that reflect culpability well. I hope to make a contribution to this search in what follows.This article is divided into five sections. First, I provide a background to the move, recently articulated by the ICC, from the concept of joint criminal enterprise (JCE) to that of indirect perpetration (and indirect co-perpetration) (section 2). Second, I analyse the original presentation of this idea by the German jurist Claus Roxin (section 3). Third, I examine the application of this concept by the German courts, particularly in the 1994 trial of three high level GDR officials held liable as indirect perpetrators for the killings (carried out by the border guards) of refugees at the East/West German border (section 4). Then I present a recent (Winter 2011) proposal by Jens Ohlin to abandon both JCE and indirect perpetration in favour of another mode of collective liability based on joint intentions (section 5). Finally, I defend the concept of indirect perpetration against Ohlin's criticisms, arguing that it offers a more accurate way to label the conduct of high-level perpetrators who carry out crimes by means of direct perpetrators who are themselves liable (section 6).

scholarly journals Ester, a Missing Clasp, and Jewish Pawnbroking Networks in Renaissance Prague

2021 ◽  
pp. 1-10
Author(s):  
Anna Parker
Keyword(s):  
Golden Age ◽  
Criminal Court ◽  
Court Case ◽  
History Of ◽  
Late Renaissance

Abstract In 1577, a petty pawnbroker named Ester lost a clasp belonging to a Prague noblewoman, Lady Juliana the Fifth. Having been traded repeatedly between anonymous pawnbrokers, the clasp was eventually tracked down in the Polish city of Poznań, by which time Ester had already fled Prague and taken refuge in Cracow. In this essay, I use the subsequent criminal court case to explore this illuminating episode in the history of the city's Jewish Quarter. Taking place in the late Renaissance, during what has often been referred to as the Jewish “Golden Age,” I argue that this dramatic event provides access to the realities of an era often characterized as harmonious. I position pawnbroking as an industry that invited intimate and regular cross-confessional contact, and one that therefore offers up new opportunities to consider the nature of coexistence. By following the movement of both Ester and the pawned clasp from Prague to Poland, I also show how attention to pawnbroking can illuminate a constellation of transregional connections that stretched from Bohemia to the Polish-Lithuanian Commonwealth to its east, revealing the otherwise unrecorded ways in which Prague's Jews were connected to the Ashkenazi diaspora.

Establishing an Individual Complaints Procedure for Violations of International Humanitarian Law

2000 ◽  
Vol 3 ◽  
pp. 384-401 ◽  
Author(s):  
Jann K. Kleffner ◽  
Liesbeth Zegveld
Keyword(s):  
International Committee ◽  
Criminal Court ◽  
Individual Responsibility ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Criminal Prosecution ◽  
Humanitarian Law ◽  
International Crimes ◽  
The Individual ◽  
Judicial Determinations

Currently, no judicial or quasi-judicial mechanisms exist with the explicit competence to consider complaints of individuals claiming to be victims of violations of international humanitarian law. The International Committee of the Red Cross (ICRC) cannot fulfil this role as it has neither the means, the purpose nor the mandate to make enforceable judicial determinations with regard to claims of individuals alleging to be victims of such violations. Instead, it operates mainly through confidential discussions with governments. Likewise, criminal prosecutions of individual perpetrators before national or international courts, while contributing significantly to improving the implementation of humanitarian law, cannot and should not be the only answer to violations of the law. For one thing, the future International Criminal Court (ICC) will only consider the most serious violations of humanitarian law, leaving numerous other violations uninvestigated. Moreover, criminal prosecutions are concerned with individuals rather than parties to the conflict. The acts that are labelled as international crimes, however, find their basis in the collectivity. Crimes are unlikely to be prevented nor will compliance with their prohibition be significantly improved through criminal prosecution of individuals alone. Similarly, while the ICC may, either upon request or on its own motion, afford reparations to victims of war crimes, these are reparations afforded within the individual responsibility framework of the ICC. The Court may make an order directly against a convicted person rather than against a state or entity.

Sign in / Sign up

Export Citation Format

Share Document