scholarly journals Review of the Monograph by PhD in Law D.A. Pechegin «Competitive and Investigative Models of Proceedings in the International Criminal Court»

2017 ◽  
Vol 4 (3) ◽  
pp. 245-246
Author(s):  
I I Kucherov
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
Comprehensive Analysis ◽  
Criminal Cases ◽  
International Criminal Tribunals ◽  
European Court

Monograph by D.A. Pechegin «Competitive and investigative models of proceedings in the International Criminal Court» is devoted to the study of the model of criminal justice, as well as its implementation in the structure of adversarial and investigative principles, both internationally and nationally. The reader is presented with a comprehensive analysis of various issues in the production of criminal cases through the prism of analyzing the provisions of not only domestic and foreign legislation, but also statutory and other documents of international criminal tribunals, ad hoc courts, the European Court of Human Rights.

Why Retain Membership of the International Criminal Court?

2018 ◽  
Vol 15 (2) ◽  
pp. 364-387
Author(s):  
Juan-Pablo Perez-Leon-Acevedo
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
African Union ◽  
Human Rights Law ◽  
International Criminal Tribunals ◽  
Victim Participation ◽  
First Time

Among international criminal tribunals (‘icts’), the International Criminal Court (‘icc’) for the first time introduced victim participation and reparations for victims. Against potential African withdrawals from the icc Statute, this article seeks to demonstrate the need to retain membership of the icc under victim-oriented considerations. Despite its deficits and limitations, the icc is arguably an important judicial forum for victims of mass atrocities committed in Africa for three arguments. First, human rights are invoked as a standard to examine the legitimacy of the decisions of the icc, African Union (‘au’), and African states. Second, international and African regional human rights law on victim rights binds African states. Third, since au regional criminal justice initiatives present important deficits and limitations in terms of victim rights, they are unfit to replace the icc.

scholarly journals Divided We Stand? The AD HOC Tribunals and the CEE Region

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 240-244
Author(s):  
Veronika Bílková
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
Central And Eastern Europe ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
International Criminal Tribunals ◽  
Un Security Council ◽  
The Military

After WWII, countries of Central and Eastern Europe (CEE) actively backed the establishment of the military tribunals in Nuremberg and Tokyo. In the early 1990s, when the International Criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR) were created by the UN Security Council, the CEE countries again lent uniform, albeit largely rhetorical support to these institutions. A quarter of a century later, this uniformity seems to be gone. While the CEE countries continue to express belief in international criminal justice, they no longer agree with each other on whether this justice has actually been served by the ad hoctribunals. The diverging views on the achievements of the ICTY and ICTR might also partly account for the differences in the approach to the permanent International Criminal Court (ICC), though the grounds for these differences are more complex.

On the Scope of Professional Secret and Confidentiality: The International Criminal Court Code of Professional Conduct for Counsel and the Lawyer's Dilemma

2007 ◽  
Vol 20 (2) ◽  
pp. 467-487
Author(s):  
ABDELRAHMAN AFIFI
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
Professional Conduct ◽  
Positive Duty ◽  
European Court ◽  
Domestic Legislation ◽  
Code Of Professional Conduct

In late 2005 the Assembly of States Parties adopted the Code of Professional Conduct for Counsel of the International Criminal Court. Article 22 of the Code contains a provision on fee splitting which does not go as far as to place a positive duty on counsel to report such practices to the Registrar. This essay revisits this approach in the light of the practice of the ad hoc tribunals, the jurisprudence of the European Court of Human Rights, and existing norms in domestic legislation. It argues that the lawyer–client privilege is not absolute. Accordingly, the ICC should make it obligatory – through specific empowering clauses – for lawyers to advise their clients about the prohibition of the practice of fee splitting and to report the incident to the Registrar forthwith, notwithstanding any claim of privilege.

Extent of Applicability of Human Rights Standards to Proceedings before the International Criminal Court: On Possible Reductive Factors

2012 ◽  
Vol 12 (4) ◽  
pp. 721-741 ◽  
Author(s):  
Christophe Deprez
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Present Article ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Human Rights Law ◽  
Specific Nature ◽  
Human Rights Standards

Today, it is not seriously challenged that human rights law applies to proceedings before the International Criminal Court. The exact boundaries of this statement, however, might be less clear. The present article argues that the extent of applicability of human rights law cannot be precisely described unless the specific nature of the Court and of international criminal justice in general is taken into consideration. More concretely, it will be demonstrated that the exact scope of applicability of human rights standards to the ICC setting can only be addressed by referring to inherent characteristics (both of the Court and of the international criminal system as a whole) that could possibly bear a reductive impact on that scope. It will be argued throughout the analysis that several of these specific features are indeed capable of reducing the level of protection, while on a closer look others do not display such influence.

The Right to be Defended in Person or Through Legal Assistance and the International Criminal Court

2000 ◽  
Vol 13 (4) ◽  
pp. 949-984 ◽  
Author(s):  
Stuart Beresford ◽  
Hafida Lahiouel
Keyword(s):  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
International Human Rights Law ◽  
Legal Assistance ◽  
Human Rights Law ◽  
International Criminal Tribunals ◽  
International Obligations ◽  
The Right

While the Statute of the International Criminal Court guarantees to suspects and accused the right to be defended in person or through legal assistance, it contains little guidance as to the extent to which this most fundamental right will be provided. In order to ascertain how broadly it should be applied, the authors examine the application of the right by the ad hoc international criminal tribunals for Rwanda and the former Yugoslavia. The authors note that the defence-orientated approach taken by the ad hoc Tribunals to the right to be defended in person or through legal assistance not only conforms with international obligations, but also in many respects goes beyond that required by international human rights law. It is, therefore, crucial that the ICC listens to the experience of the ad hoc Tribunals and adopts similar, if not identical, rules and regulations relating to the qualifications, conduct and assignment of counsel.

The Legitimacy of International Criminal Tribunals and the Current Prospects of International Criminal Justice

2012 ◽  
Vol 25 (2) ◽  
pp. 491-501 ◽  
Author(s):  
ANTONIO CASSESE
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
The Other ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
Complex Concept ◽  
International Criminal Tribunals

AbstractHaving identified the differences between the concept of legality and the much more complex concept of legitimacy, the author scrutinizes the legality and the legitimacy of the existing international criminal tribunals. Their legality has been put in doubt only concerning the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Tribunal for Lebanon (STL), but the criticisms have been or could be overcome. Assessing the legitimacy of these tribunals is instead a more difficult task. In fact, misgivings have been voiced essentially concerning the legitimacy of the ICTY and the STL, but not the International Criminal Court (ICC) and the other international criminal courts. The legitimacy of the STL in particular deserves to be discussed: even assuming that the STL initially lacked some forms of legitimacy, it could achieve it – or confirm it – through its ‘performance legitimacy’. The author then suggests what the realistic prospects for international criminal justice are. Convinced as he is that it is destined to flourish even more, he tries to identify the paths it is likely to take in future years.

News Media and African Genocide

2017 ◽  
Author(s):  
Joachim J. Savelsberg ◽  
Wahutu Siguru
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Mass Violence ◽  
Humanitarian Emergency ◽  
Media Reporting ◽  
Global North ◽  
Journalistic Field

Today, genocides and other episodes of mass violence are, under specific circumstances, subject to extensive media reporting. A case in point is the mass violence in Darfur, unfolding during the first decades of the 21st century and categorized as genocide by many, including the International Criminal Court. Media reporting about Darfur shows noteworthy patterns. They are revealed by a study supported by the National Science Foundation, involving content analysis of 3,387 reports and opinion pieces published in prominent newspapers of eight countries in the Global North, accompanied by expert interviews, and a doctoral dissertation on the journalistic field in Africa and its reporting on Darfur. First, today’s media reporting replaces denial with acknowledgment. Second, it frames the violence most often as criminal, and frequently as genocidal, even though humanitarian emergency and armed conflict frames also fare prominently. Third, throughout the history of reporting, Africa correspondents, central actors in the journalistic field, adapt to opportunities and external pressures from surrounding social fields. Economic forces (media markets) and politics affect the frequency of reporting. The criminal justice-oriented human rights field, the humanitarian field, and the diplomatic field influence the frames through which the violence is interpreted. Fourth, the criminal justice-oriented human rights field is especially effective in coloring reports, despite substantial barriers between criminal courts and the journalistic field. Fifth, reporting in all countries is affected by interventions by international institutions, including the UN Security Council, the International Commission of Inquiry on Darfur, and the International Criminal Court (ICC). The ICC’s decision to charge Sudan’s President Omar al-Bashir with war crimes, crimes against humanity, and genocide, for example, intensified reporting in all countries. Sixth, the receptivity to the criminal justice frame varies by country. Seventh, in addition to cross-country similarities and differences within the Global North, a comparison of journalistic fields in the Global North with those in Africa shows distinct patterns, but also astonishing similarities between Global North and African reporting on Darfur.

Victims and the International Criminal Court: Three major issues

2003 ◽  
Vol 3 (4) ◽  
pp. 345-367 ◽  
Author(s):  
Sam Garkawe
Keyword(s):  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Protective Measure ◽  
Legal Representation ◽  
International Crimes ◽  
International Criminal Tribunals

AbstractThe Statute of the permanent International Criminal Court (the "ICC") agreed to in Rome in 1998 contains many provisions that deal with the specific concerns and rights of victims and survivors of the international crimes that the ICC will have jurisdiction over. It consolidates the work of the two ad hoc international criminal Tribunals (the former Yugoslavia and Rwanda) in this area, but also further enhances the role and rights of victims in a number of innovative ways. These three international criminal Tribunals thus collectively represent an important step forward in the recognition of the suffering and the position of victims and survivors of international crimes. This article will examine three main issues in relation to victims and the ICC. First, after identifying the protective measures for victims allowed at the discretion of the international criminal Tribunal for the former Yugoslavia, it will focus on the most controversial measure (which the ICC can also order) - the non-disclosure to the defence of the identity of witnesses. Does this protective measure violate a defendant's right to a fair trial? The Statute of the ICC also allows, for the first time in international criminal justice, for the right of victims to obtain their own legal representation, subject to the discretion of the ICC. The second issue is how is this going to work in practice in light of the fact that international crimes normally involve hundreds, if not thousands or even tens of thousands, of victims? And finally, while the ICC Statute provides for the possibility of reparations to victims, where will the money come from, and thus what are the chances of victims actually being able to receive compensation?

Pre-Conviction Detention before the International Criminal Court: Compliance or Fragmentation?

2010 ◽  
Vol 9 (2) ◽  
pp. 295-311 ◽  
Author(s):  
Sergey Golubok
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Human Rights Law ◽  
Criminal Proceedings ◽  
Human Right ◽  
Personal Liberty ◽  
International Criminal Tribunals ◽  
The Right

AbstractThis article analyses nascent case law of the International Criminal Court on provisional detention at the investigation stage and in the course of trial (together referred to as “pre-conviction detention”) vis-à-vis the standards developed in the jurisprudence of the European Court of Human Rights, being a reflection of “internationally recognized human rights” to which the ICC, according to its Statute, must adhere. At least several instances of presumed inconsistencies are detected. It is argued that international criminal tribunals should above all comply with standards set by international human rights law for domestic criminal proceedings, in particular when the most fundamental and basic human right ‐ the right to personal liberty ‐ is affected. Failure to comply entails a serious risk of hazardous fragmentation.

International Criminal Court and Ad Hoc Tribunals

2008 ◽  
pp. 462-478
Author(s):  
Richard Goldstone
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Single Model ◽  
Customary International Law ◽  
International Criminal Tribunals

This article discusses contemporary international efforts to consolidate and codify significant portions of existing customary international law. It studies the ad hoc tribunals of the UN and pinpoints the successes and failures of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda. The ‘completion strategy’ of both international criminal tribunals is discussed. The article also covers the creation of ‘mixed’ courts and a single model for international criminal justice, namely the International Criminal Court.

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