scholarly journals The Role of International Criminal Justice in Fulfillment of the Tasks of the World Community - UN

2017 ◽  
Vol 4 (3) ◽  
pp. 87-96
Author(s):  
N I Kostenko
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
Holistic Approach ◽  
International Criminal Justice ◽  
World Community ◽  
Criminal Justice Systems ◽  
The World

The article examines the role of international criminal justice in fulfilling the important tasks set by the world community in the 21st century to stabilize the criminal justice system, which should become a fundamental element of the rule of law structure; on the recognition of the central role of the criminal justice system in the development of international criminal justice. The work focuses on the need for a holistic approach to reforming the criminal justice system in order to improve the effectiveness of international criminal justice systems in the fight against crime.

Punishing the Enemies of All Mankind

2008 ◽  
Vol 21 (4) ◽  
pp. 971-993 ◽  
Author(s):  
ALETTE SMEULERS
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
International Criminal Justice ◽  
Collective Violence ◽  
Mass Violence ◽  
International Crimes

How do we and how should we punish perpetrators of international crimes such as war crimes, crimes against humanity, and genocide? Is it fair to hold individuals responsible for their role in manifestations of this type of collective violence? Do the punishments issued by international criminal institutions support the usual penological rationales? Do they actually attain their goals? Is the Westernized international criminal justice system the most appropriate means of dealing with mass violence, especially in non-Western countries which might have a different perception of justice? What are the alternatives? These are just some of the questions which Mark Drumbl addresses in this book.

scholarly journals Sixty-Five Years of International Criminal Justice: The Facts and Figures

2013 ◽  
Vol 13 (1) ◽  
pp. 7-41 ◽  
Author(s):  
Alette Smeulers ◽  
Alette Smeulers ◽  
Barbora Hola ◽  
Alette Smeulers ◽  
Barbora Hola ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
Empirical Reality

The international criminal justice system comprises nine international criminal courts and tribunals; six are still operational and three have closed down. On average, they operated for almost nine years apiece and concluded 172 cases in which over 250 judges and 23 chief prosecutors were involved. All in all 745 suspects were indicted, 356 were actually tried and, of these, some 281 defendants were convicted. Currently 34 suspects are on trial and 22 are still at large. The ‘average’ convicted perpetrator is male, aged 40 and a member of a military or paramilitary organisation from Europe, Asia or Africa who is acting on behalf of his government. These are just some of the facts and figures which we present in this article: an overview of the empirical reality of the international criminal justice system which has currently been functioning for just over 65 years.

scholarly journals Criminal Justice after 9-11: ICC or Military Tribunals

2004 ◽  
Vol 5 (5) ◽  
pp. 545-568
Author(s):  
Thomas Mertens
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
Thought Experiment ◽  
The United States ◽  
Criminal Court ◽  
Perceived Threat ◽  
Clash Of Civilizations

Nowadays, widespread consensus exists that the dramatic events of September 11, 2001 changed not only the country that suffered these attacks but also the way many in the West view the world outside this exclusive circle. For quite a number, it confirmed Huntington's thesis of a clash of civilizations – a vision of a future of ‘us’ versus ‘them'. But as the attackers were being identified, it became clear that in a sense they came from among us; although technically foreign nationals all, they lived and studied inconspicuously in western, multicultural societies. How are we then to deal with this enemy within? How is democracy to fight this so-called War on Terror and survive? Such questions are obviously not new. Bearing De Tocqueville's assertion in mind that a long war is not needed in order to put freedom at risk in a democratic society, this article, using the technique of a thought experiment, seeks to examine the increased prerogatives that governments – fearing the enemy within – have granted themselves in the realm of criminal law to deal with the perceived threat. This experiment will bring the reader, in a non-specialist way, from the criminal justice system of Germany to the possible role of an operational International Criminal Court, and from the criminal justice system of the United States to military tribunals as a means of dealing with what those in power claim is an extraordinary threat.

scholarly journals Laying the Foundations for a Convention on Crimes Against Humanity

2018 ◽  
Vol 16 (4) ◽  
pp. 909-957
Author(s):  
Claus Kreß ◽  
Sévane Garibian
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
Crimes Against Humanity ◽  
Genocide Convention ◽  
International Criminal Justice ◽  
Draft Convention

Abstract How far have we come in laying the foundations for a Convention on the Prevention and Punishment of Crimes Against Humanity? The co-editors of this symposium conclude that solid groundwork has been laid and hope that the current momentum will be maintained. At the same time, they caution against a ‘rush to conclusion’ as they see room for considerable refinement of many of the proposed provisions as well as the need for a genuine attempt to address the unresolved questions of immunity ratione materiae and amnesty. At this juncture, it is not easy to predict whether a meaningful new draft convention can be presented without further deepening the divide among states about international criminal justice. But it can safely be stated that every additional investment in intellectual energy and time to arrive at the formulation of such a draft is worthy of the effort. The adoption of a Convention on Crimes Against Humanity and preferably one that also updates the Genocide Convention would mark another milestone in the evolution of the international criminal justice system.

The Normative Basis for Victims' Rights and Their Status in the Criminal Justice Process

2019 ◽  
pp. 57-113
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
International Criminal Justice ◽  
International Crimes ◽  
Conflict Situations ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Normative Basis

In this chapter, the study moves from the legal basis upon which these crimes can be prosecuted to victim-oriented approaches in the criminal justice system. It critically examines the emerging trend of victims-centred approach in international criminal justice system and especially how developments in some domestic systems have informed the growing trend to address the needs of victims in international criminal justice. The discussion in this chapter indicates that the relatively new idea of justice for victims of international crimes suggests that the international criminal justice process should attend to victims' needs, thereby contributing in the rebuilding of war-torn communities. The author argues that while the relatively new victim-centred approach to international crimes remains a significant component of comprehensive victim-focused responses, the complex realties of victims of sexual violence in conflict situations provide a unique range of challenges in addressing the needs of victims in the context of international criminal justice system.

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