International humanitarian law—1949 Geneva Conventions—international criminal law—conflict in Bosnia and Herzegovina—distinction between international and noninternational armed conflicts—concept of protected persons—participation in international crimes—crimes against humanity—motives—discriminatory intent

2000 ◽  
Vol 94 (3) ◽  
pp. 571-578 ◽  
Author(s):  
Marco Sassòli ◽  
Laura M. Olson
Keyword(s):  
Bosnia And Herzegovina ◽  
Criminal Law ◽  
International Criminal ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Crimes ◽  
Geneva Conventions

‘We Demand Dignity for the Victims’ – Reflections on the Legal Qualification of the Indecent Disposal of Corpses

2015 ◽  
Vol 15 (5) ◽  
pp. 896-925 ◽  
Author(s):  
Caroline Fournet ◽  
Nicole Siller
Keyword(s):  
Case Studies ◽  
Criminal Law ◽  
International Criminal ◽  
Foreign Affairs ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
International Crimes ◽  
Trafficking In Human Beings

‘We demand dignity for the victims’. Such was the pledge of the Dutch Minister of Foreign Affairs following the crash of Malaysia Airlines flight mh17 in rebel-held territory in eastern Ukraine and the looting of the corpses of the 298 victims. Although not an isolated instance, the indecent disposal of the corpses of the victims seems to have escaped legal scrutiny. Drawing from this and other case studies, this article addresses the legal qualification of acts of mistreatment perpetrated against the corpses of victims of international crimes. It analyses all relevant dispositions pertaining to international humanitarian law, international criminal law and the law of trafficking in human beings. While these provisions fail to legally characterize such acts, the judiciary however tends to recognize their criminality; a recognition which, in the authors’ views, could make its way into the text of international (criminal) law.

The Dangers of the Obvious but Often Disregarded Details in the International Criminal Law Demarcation Debate: Norm-Integration and the Triple-Thesis ‘Argument’

2019 ◽  
Vol 20 (5) ◽  
pp. 759-783
Author(s):  
Anja Matwijkiw
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Crimes ◽  
Post Conflict

When responses to international crimes are managed in terms of post-conflict justice, this event may end ‘the demarcation debate’ before it has begun, thereby rendering it superfluous among legal scholars. This is to say that the transition from theory to reality arguably has the effect of cancelling any sharp distinction between international criminal law, international human rights law and international humanitarian law, as well as extending international criminal justice into the moral territory. Certainly, this is a premise for the dual-aspect defense of those rights that help to explain the non-separation. However, to the extent that the defense discords with traditional assumptions, relevant aspects of pro-separation reasoning must be considered. These are accommodated under the triple-thesis whereby the unequal status of different (rights-)categories limit norm-integration. The author’s account of the competing programs shows a series of flaws in the case of the triple-thesis doctrine, amounting to a vicious circle ‘argument’.

(Re)Considering Gender Jurisprudence

2017 ◽  
Author(s):  
Patricia Viseur Sellers
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
Analytical Tool ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Panoramic View ◽  
Panoramic Views

The chapter reviews gender jurisprudence in international humanitarian law and international criminal law, and urges a reconsideration of this jurisprudence. It examines aspects of the crime of genocide to illustrate the “narrow” strand of gender jurisprudence focused on sexual violence, as well as a more “panoramic” view that has emerged in recent years. The chapter concludes by moving beyond the binary of the narrow and panoramic views of gender jurisprudence. It argues that gender jurisprudence acts as an independent measure of genocide, war crimes, and crimes against humanity. Such a comprehensive reading of gender jurisprudence provides an analytical tool for practitioners to reconceptualize redress under international criminal law.

“Revolution is glorious! Revolution is no crime!” International Crimes and Chinese Domestic Law, and the Gang of Four Trial

2016 ◽  
Vol 19 (3) ◽  
pp. 313-343 ◽  
Author(s):  
Melanie O’Brien
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Modern China ◽  
Crimes Against Humanity ◽  
Humanitarian Law ◽  
Glorious Revolution ◽  
International Crimes ◽  
Domestic Law

China was active in the drafting of the Rome Statute of the International Criminal Court, but has not become a state party, and the Chinese relationship with international criminal law is not strong. Given this, an examination of China’s own abilities and actions with regard to accountability for international crimes is warranted. China does not have any legislation proscribing violations of international humanitarian law, or war crimes, genocide, or crimes against humanity. This article will examine some of the options under current Chinese Criminal Law of 1997 that could be used to prosecute international crimes in lieu of express provisions. The second part of the article undertakes an international criminal law and human rights analysis of the Gang of Four trial, as the only trial of leaders linked to the mass crimes of the Cultural Revolution and thus the only real example of an attempt at accountability for mass crimes in modern China. These two parts of the article combine together to provide an analysis of China’s ability to enact and attempts at accountability for international crimes committed in China.

scholarly journals The Crisis of International Criminal Law in Africa: A Regional Regime in Response?

2019 ◽  
Vol 66 (2) ◽  
pp. 287-311
Author(s):  
Eki Yemisi Omorogbe
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Crimes

Abstract This article considers the African Union’s (AU) proposal for a regional court for international crimes under the Malabo Protocol 2014 (Protocol). It places that within the AU’s rejection of the International Criminal Court’s (ICC) arrest warrants for African Heads of States that are not party to the Rome Statute and a more general protection of incumbents. It argues that the enthusiasm for establishing a regional criminal court, which lacks jurisdiction to prosecute incumbents, has not been sustained and African states remain committed to the ICC. It shows that nevertheless the Protocol’s provisions on genocide, crimes against humanity and war crimes, although imperfect, better address the specific character of armed conflicts in Africa than current international law, including the Rome Statute of the ICC. It concludes that the regional court for international crimes is unlikely to be established unless the ICC takes further action against incumbent leaders but that the Protocol’s provisions could be used in the development of a more Africa-centric international law.

scholarly journals La legítima defensa en Derecho Internacional Penal: análisis de sus elementos con particular referencia a los crímenes de guerra

2019 ◽  
Vol 5 (8) ◽  
pp. 230-275
Author(s):  
Christopher A. Servín Rodríguez
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Self Defense ◽  
Third Person

The present investigation analyzes the elements of self-defense in International Criminal Law with particular reference to war crimes. In that regard, article 31.1, subsection C, of the Rome Statute is examined to demonstrate that self-defense in relation with crimes against humanity, genocide and aggression protects the person who exercise it and a third person, but in relation with war crimes, its protection also covers, without precedent, property. Nevertheless, this could be contrary to International Humanitarian Law.

13. International criminal law

2021 ◽  
pp. 178-190
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Court ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Humanitarian Law ◽  
International Crimes ◽  
International Criminal Tribunals

This chapter examines the fundamental concepts and notions of international criminal law, which is linked to other key areas of international law, particularly human rights, international humanitarian law, immunities, and jurisdiction. In particular, there is a focus on the concept of individual criminal responsibility under international law. The four core crimes are considered; namely, genocide, crimes against humanity, grave breaches of the 1949 Geneva Conventions, and the crime of aggression. Moreover, attention is paid to two unique forms of participation in international crimes, namely, command responsibility and joint criminal enterprise. Finally, the chapter addresses enforcement of international criminal law, particularly through international criminal tribunals, with an emphasis on the International Criminal Court (ICC).

Trials, Tribulations, and Triumphs: Major Developments in 1997 at the International Criminal Tribunal for the Former Yugoslavia

1998 ◽  
Vol 35 ◽  
pp. 179-213 ◽  
Author(s):  
Darryl Robinson
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law

SummaryNineteen ninety-seven was marked by several important developments at the International Criminal Tribunal for the former Yugoslavia. A series of arrests and voluntary surrenders have increased the Tribunal's workload and credibility. The landmark Tadic judgment has clarified international humanitarian law, particularly with respect to crimes against humanity. The Erdemovic decision considered the defence of duress with respect to the murder of civilians and the use ofguilty pleas in international criminal law. Finally, the Blaskic decision has considered the use of subpoenas in international law.

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