scholarly journals Application Of International Law Principles By International Tribunals

2015 ◽  
Vol 21 (2) ◽  
pp. 455-459
Author(s):  
Marian Mihăilă
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Ad Hoc ◽  
Public International Law ◽  
Legal Subject ◽  
Applicable Law ◽  
Legal Foundation ◽  
Penal Law ◽  
International Tribunals ◽  
International Character

Abstract The observance of fundamental rules of public international law could be ensured only by the strengthening of penal law. However, despite several precedents assuring the good foundation of international law development in this respect and of the future endeavours expected to confirm the international society’s adhesion to the penal repression requirements, the low convergence of public international law and criminal law reveals the difficulties that may occur in the way of a doctrine persuaded by the necessity to construct a new legal subject in the domain of peace. The legitimacy of constituting the International Tribunals was proved, but on the other hand they were reproached the very lack of legitimacy, being ad-hoc constituted jurisdictions instituted by the winners, made only by the representatives of the victor powers, which deprived them from a true international character and the fact that their legal foundation as regards the applicable law was shaky.

Contemporary International Tribunals

2018 ◽  
Author(s):  
Antônio Augusto ◽  
Cançado Trindade
Keyword(s):  
Human Rights ◽  
International Law ◽  
Ad Hoc ◽  
International Criminal ◽  
International Human Rights ◽  
International Criminal Tribunals ◽  
International Human ◽  
International Tribunals ◽  
Cross Fertilization

More recently, jurisprudential cross-fertilization has kept on being pursued in particular by international human rights tribunals and international criminal tribunals. This is reassuring, as, despite their distinct jurisdictions, their work is complementary, in their common mission of imparting justice, in distinct domains of international law. Jurisprudential cross-fertilization fosters cohesion and the unity of law. Particularly attention is currently devoted to the preservation of the legacy of the ad hoc international criminal tribunals.

Meandering Jurisprudence and Unanticipated Legacies

2020 ◽  
pp. 130-146
Author(s):  
Mark Drumbl
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Civil Litigation ◽  
Public International Law ◽  
Trial Judges ◽  
The Us ◽  
Alien Tort Statute ◽  
Tort Claims

Assessments of the International Criminal Tribunal for the former Yugoslavia’s (ICTY) jurisprudential legacy tend to focus on the ICTY’s relationships with domestic criminal law. This chapter turns a new corner by examining the ICTY’s unexpected footprints in domestic civil litigation, specifically private tort claims brought in the US under the Alien Tort Statute (ATS, or Alien Tort Claims Act). Incorporation of international (including ICTY) materials in US ATS litigation remains a contested matter in which individual judges (both trial judges and appellate judges) demonstrate idiosyncratic behaviour. Some are ‘international law ignorers’, some are ‘international law enforcers’, some are ‘international law translators’, and some are ‘international law creators’. On this note, the ICTY’s legacy also touches upon broader questions of public international law and transnational legal migrations.

Part IV The ICC and its Applicable Law, 21 Co-Perpetration: German Dogmatik or German Invasion?

2015 ◽  
Author(s):  
David Ohlin Jens
Keyword(s):  
General Theory ◽  
Control Theory ◽  
International Law ◽  
Criminal Law ◽  
Historical Context ◽  
Legal Culture ◽  
Applicable Law ◽  
First Order

The current doctrines of co-perpetration, most notably the control theory of perpetration, are heavily influenced by German criminal law theory. To some critics, the ICC’s importation of Claus Roxin’s control theory is evidence that one legal culture is having an outsized influence on the direction of the Court’s jurisprudence. This chapter situates the current doctrines within historical context. It lays out the foundations of the ICC doctrine of co-perpetration and evaluates the most notable objections to it, including alternate versions of co-perpetration. The chapter argues that the criticism about the ICC becoming too weighted towards the criminal law approach of one particular system is unfair, since the Court engages in first-order questions of criminal law theory. Nevertheless, the criticism remains that the Court has done insufficient work to justify its methodology and properly ground its importation of domestic criminal law theory within a general theory of sources of international law.

When the Child Surpasses the Father – Admissible Defences in International Criminal Law

2008 ◽  
Vol 8 (3) ◽  
pp. 509-532 ◽  
Author(s):  
Caroline Fournet
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Judicial System ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Public International Law ◽  
International Crimes ◽  
Individual Criminal Responsibility

AbstractDue to the heinous nature of international crimes, admissible defences in the context of international criminal justice understandably constitute an issue surrounded with controversy. Yet, while International Criminal Law precludes the use of a series of defences, it also admits that certain grounds may exclude individual criminal responsibility or mitigate punishment even in the case of the most serious international crimes. The present study thus proposes to analyse the permissibility of these defences and the availability of such grounds for excluding responsibility by drawing a comparison between Public International Law and International Criminal Law and by highlighting the differences and discrepancies between the two systems. Ultimately, this analysis aims at demonstrating that International Criminal Law, one of Public International Law's children, has now surpassed its parent to become a more sophisticated and a fairer legal and judicial system, for both the defendants and the victims.

scholarly journals International criminal law: Between law and politics

2013 ◽  
Vol 65 (1) ◽  
pp. 42-67
Author(s):  
Dragan Jovasevic
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Humanitarian Law ◽  
Criminal Courts ◽  
Law And Politics

Crimes against international law are committed by violating the rules of international humanitarian law during wars or armed conflicts. The perpetrators of these crimes are under the jurisdiction of international criminal courts (military or civil, permanent or ad hoc). The process of the commission of crimes against international law may comprise several different phases or stadiums. Moreover, such criminal offences rarely appear as the results of only one person?s activities. On the contrary, in numerous cases of these criminal offences, accomplice appears as a form of collective participation of several persons in the commission of one or more crimes against international law. All these facts represent grounds for the specific type of criminal responsibility of the perpetrators of crimes against international law. It is a object of regulation international criminal law about whose characteristics converse this article.

Part II The Relationship to Domestic Jurisdictions, 7 Jurisdiction

2015 ◽  
Author(s):  
Rastan Rod
Keyword(s):  
International Law ◽  
Security Council ◽  
Criminal Law ◽  
Subject Matter ◽  
Trial Chamber ◽  
State Party ◽  
Public International Law ◽  
Entire Process ◽  
The Relationship

The jurisdictional regime of the ICC frames the entire process within which the proceedings are conducted. It determines the statutory scope of the Court’s competence, and also identifies the nexus between specific alleged acts and a situation that has been referred by a State Party or the Security Council or which has been authorized by the Pre-Trial Chamber, thus shaping the competence of the ICC to exercise its jurisdiction in a particular case. This chapter examines jurisdictional issues arising from each of the four facets of the Court’s jurisdiction, namely, subject matter, and personal, territorial, and temporal jurisdiction. It argues that jurisdiction may raise its head in many and multiple guises, in ways not dissimilar to those treated variously in other areas of public international law and domestic criminal law.

scholarly journals Philosophy of Law and International Criminal Law: Between Peace and Morality

2014 ◽  
Vol 14 (4-5) ◽  
pp. 738-767 ◽  
Author(s):  
Giorgio Bongiovanni ◽  
Giovanni Sartor ◽  
Chiara Valentini
Keyword(s):  
Criminal Law ◽  
Transitional Justice ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Legal Foundation ◽  
Hans Kelsen ◽  
Legal Concepts ◽  
Second World

The legal philosophy of the 20th century has contributed to the development of international criminal law by rethinking fundamental legal concepts and theories concerning the nature of international law, its relation with national laws, the connection between the law and the State, and the very idea of responsibility. This was achieved, in the first place, through the reflection of Hans Kelsen, who put forward the idea of a system of enforceable criminal norms at the international level, directed at individuals and having a positive legal foundation. In the years immediately following the Second World War, a number of legal theorists and, in particular, Gustav Radbruch, argued in favour of a necessary connection between law and morality, on whose basis it could be claimed that the worst atrocities were punishable even when allowed by state norms, and even in the absence of positive international norms. In the last decade, the practice of international criminal law, through ad hoc tribunals and the International Criminal Court, has stimulated theoretical reflections on a variety of further fundamental issues, like impartiality, judicial truth, justification of punishment, side-effects of prosecution and transitional justice.

The doctrine of Res Judicata in International Criminal Law

2003 ◽  
Vol 3 (3) ◽  
pp. 195-216 ◽  
Author(s):  
Rosa Theofanis
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
Common Law ◽  
Civil Law ◽  
International Criminal Law ◽  
Res Judicata ◽  
The Law ◽  
Definition Of

AbstractRes judicata is well-settled as a general principle of international law. But the rules of res judicata in international criminal procedure are undeveloped. Recent cases from the ad hoc criminal tribunals for the former Yugoslavia and Rwanda have added to the understanding of res judicata in international law - demonstrating the risk that new rules of res judicata will implicitly incorporate either a common-law or civil-law definition of what the "law" is. Analysis of issues considered in recent Tribunal jurisprudence - particularly the questions of review and reconsideration - locates potential hazards in the development of the law and provides guidance for the application of the ICC statute.

The ictr and Its Contribution to the Revivification of International Criminal Law

2020 ◽  
Vol 22 (1-4) ◽  
pp. 231-246
Author(s):  
Emily Crawford
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Armed Conflict ◽  
Ad Hoc ◽  
International Criminal ◽  
Case Law ◽  
International Criminal Law ◽  
Legal Responses ◽  
The Law

In this article, Emily Crawford explores one set of key institutional and legal responses to, and consequences of, the Rwanda genocide – the ictr and the revival of icl that the ictr and the icty heralded. Tracing the development of the concept and institutions of icl, Crawford observes how the case law of the [ad hoc] tribunals, and the ictr in particular, were pivotal in progressively developing the international law of genocide, and the law of non-international armed conflict’.

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