Substantive and Procedural Aspects of International Criminal Law: The Experience of International and National Courts. Edited by Gabrielle Kirk McDonald and Olivia Swaak-Goldman. The Hague, London, Boston: Kluwer Law International, 2000. Vols. 1-2 (vol. 1: pp. xvi, 705, index; vol. 2: pt. 1, pp. xvi, 587; pt. 2, pp. xviii, 2451). $742, €635.50.

2002 ◽  
Vol 96 (4) ◽  
pp. 1006-1009
Author(s):  
Jordan J. Paust
2019 ◽  
Vol 3 (2) ◽  
pp. 76-83 ◽  
Author(s):  
Manfred Dauster

International criminal law in courts will seize our interest forever. Adjudication of international criminal law violations have to happen in and by courts. They may be national courts; they also may be international (permanent or ad hoc) courts. Not to forget: It is also proposed to prosecute internationally active terrorists by international courts. It is worthwhile to take a short look at the historical development of such discussions. The so-called International (Legal) Community has discussed all forms of international criminal jurisdiction and will keep on discussing. In Bosnia and Herzegovina once the so-called internationals started an experiment with the (national) Court of Bosnia and Herzegovina, which in its nutshell was an administrative court that then was turned into a hybrid court predominantly for war crimes (and other serious felonies). As such a hybrid institution the Court was successful. International judges have left and the court became a purely national institution again. The short hybrid history of this court in a corner of the Western Balkans is worthwhile to be studied shortly.


Author(s):  
Hanna Kuczyńska

This article deals with the model for prosecuting Nazi crimes committed in Poland in the light of the model presently used in international criminal law. It tries to answer the question: should the investigation of crimes of international law be handed over to transnational tribunals? Should they be hybrid tribunals involving a national factor, or completely supra-national tribunals like the International Criminal Court? Is it legitimate to transfer jurisdiction over these matters to national courts? The case of unpunished Nazi crimes in Poland may give a partial answer to this question. Certainly, various attempts made after World War II, including procedures brought before Polish courts, have contributed to understanding the function of international criminal law, and finding the answer to the question of the best model for prosecuting crimes of international law. At present, we also have the experience of international criminal tribunals, in particular the ICC, which is an efficient machine for prosecuting crimes of international law. Interesting conclusions can be drawn from its functioning that could improve the work of Institute of National Remembrance (IPN) prosecutors, and shed new light on the considerations regarding the prosecution of Nazi crimes in Poland after World War II.


2011 ◽  
Vol 24 (2) ◽  
pp. 389-391 ◽  
Author(s):  
ELIES VAN SLIEDREGT

On 28 and 29 October 2011, a conference was held in The Hague on International Criminal Law (ICL) as a cultural and legal hybrid. The aim of the conference convenors was to facilitate an exchange of thoughts between legal scholars, practitioners, and social scientists on the nature of ICL and to discuss the role (legal) culture plays in international criminal justice. The recent discussion is dominated by the adversarial (common law)–inquisitorial (civil law) dichotomy and centres on the hybrid nature of the procedure in international criminal law. The debate focuses on how a fair and efficient trial can be safeguarded by observing the rights of the accused and other participants through an operational criminal procedure. Sometimes, this clash of legal systems has become an end in itself, resulting in a debate on which system is superior. At least in theory, however, modern international criminal procedural law seems to have overcome the adversarial–inquisitorial dichotomy, since it combines features of both common- and civil-law systems. This unique compromise structure poses a challenge to the practitioners who – although trained in and influenced by their respective national systems – have to apply the procedural norms at the international level and, in doing so, find an appropriate balance between adversarial and inquisitorial features. This is even more challenging since the single elements of the different legal traditions do not fit together seamlessly, leading to myriad, heated disagreements over how to combine them into a single, coherent, workable legal system.


2020 ◽  
Vol 18 (2) ◽  
pp. 307-324
Author(s):  
Daniela Kravetz

Abstract This article examines how national courts in Argentina and Guatemala are applying the international criminal law framework to address sexual violence perpetrated during mass repression and in conflict. It focuses on the emerging domestic jurisprudence in both countries and explores the challenges to prosecuting sexual and gender-based violence at the domestic level and the lessons learned from these experiences.


2016 ◽  
Vol 1 (2) ◽  
pp. 71-93
Author(s):  
Patrick Kimani

The development of international criminal law in the last seven decades has seen a gradual erosion of the integrity of immunities for heads of states. The journey from Nuremberg to The Hague has resulted in a permanent international criminal court. Article 27(2) of the Rome Statute of the International Criminal Court (the Rome Statute) disregards immunities as an effective bar to the jurisdiction of the International Criminal Court (ICC). Heads of states have been stripped of their ‘invisibility cloak’ from international criminal prosecutions. The Rome Statute places its reliance on the situation state’s authorities to cooperate with the ICC in its investigation and prosecution of crimes. A special tension is noticeable in circumstances where an incumbent head of state is accused at ICC while his or her state is placed under the general cooperation obligation. This tension is clearly manifest in the two criminal processes against Uhuru Kenyatta and Al Bashir. Bearing in mind the significant political muscle a sitting head of state wields in their state, it is quite likely that their state’s authorities will be very reluctant to discharge their cooperation obligations. The prosecution of sitting heads of states remains a challenge. Is it time to rethink the structure of the ICC or the implementation of the Statute?


Author(s):  
George Chakhvadze

The paper is an opinion article which analyses the essence of the principle of individual criminal responsibility in international criminal law and its key elements. The main focus of this paper is to analyze key moments of the development of the principle of individual criminal responsibility in relation to sovereign immunities. It has been shown that the development of legal doctrine and especially judicial practice greatly contributed to the balance between state sovereignty or state interests and the right of individual criminal accountability. The abolition of sovereign immunities before international courts and tribunals is the salient example of this development. Furthermore, the paper argues that when considering the effect of the principle of individual criminal responsibility and its relation to sovereign immunities, we should make conceptual distinction between personal and functional immunities. With this regard, the analysis of judicial practice clearly indicates that while personal immunity retains their force even before national courts acting on universal jurisdiction, the effect of functional immunities are somewhat restricted: functional immunities lose their power before national courts acting on universal jurisdiction. At the same time, states can abstain from using this right. Thus, the authors argue that despite recent advancements in theory and practice, the application of universal jurisdiction over international crimes still remains one of the main challenges. Šajā rakstā ir analizēta individuālās kriminālatbildības principa būtība starptautiskajās krimināltiesībās un tā galvenie elementi. Galvenā uzmanība ir pievērsta individuālās kriminālatbildības principa attīstības galvenajiem momentiem saistībā ar valsts imunitāti. Juridiskās doktrīnas un, it īpaši, tiesu prakses attīstība lielā mērā ir sekmējušas līdzsvaru starp valsts suverenitāti vai valsts interesēm un individuālās kriminālatbildības tiesībām. Turklāt rakstā tiek apgalvots, ka, apsverot individuālās kriminālatbildības principa ietekmi un tā saistību ar valsts imunitati, mums būtu konceptuāli jānošķir personiskā un funkcionālā imunitāte. Šajā sakarā tiesu prakses analīze skaidri norāda, ka, kaut arī personiskā imunitāte saglabā spēku pat valstu tiesās, kuras rīkojas saskaņā ar vispārējo jurisdikciju, funkcionālās imunitātes ietekme ir nedaudz ierobežota: funkcionālā imunitāte zaudē spēku nacionālajās tiesās, kas darbojas vispārējā jurisdikcijā. Tajā pašā laikā valstis faktiski var atturēties no šo tiesību izmantošanas. Noslēgumā autori apgalvo, ka, neskatoties uz jaunākajiem sasniegumiem teorijā un praksē, universālās jurisdikcijas piemērošana starptautiskajiem noziegumiem joprojām ir viens no galvenajiem izaicinājumiem.


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