scholarly journals Is There an International Criminal Law?

1969 ◽  
pp. 251
Author(s):  
L. C. Green
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Historical Overview ◽  
Bona Fide ◽  
The United Nations ◽  
The Relationship

In this pragmatic discussion of international criminal law, the author provides both an analytic and historical overview of the jurisprudence. The roles of treaties, conventions, and the United Nations are presented as the relationship between international and domestic criminal law is explored. In this process, the author distinguishes international legal posturing from bona fide attempts to create an international criminal law.

Changing the Paradigm of International Criminal Law: Considering the Work of the United Nations War Crimes Commission of 1943–1948

2013 ◽  
Vol 15 (2) ◽  
pp. 203-223 ◽  
Author(s):  
Dan Plesch ◽  
Shanti Sattler
Keyword(s):  
World War Ii ◽  
United Nations ◽  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
International Criminal Law ◽  
Criminal Trials ◽  
The United Nations

Abstract More than 2,000 international criminal trials were conducted at the end of World War II in addition to those held by the International Military Tribunals (IMTs) at Nuremburg and Tokyo. Fifteen national tribunals conducted these trials in conjunction with an international war crimes commission established by these same states in October 1943 under the name, The United Nations Commission for the Investigation of War Crimes, that soon became the United Nations War Crimes Commission (UNWCC). The extensive work of the UNWCC and these tribunals serves as a source of customary international criminal law that relates directly to the current work of the International Criminal Court and the ad hoc tribunals in operation since the 1990s.

The Principle of Complementarity: A Reflection on Its Meaning, Origin and Types in International Criminal Law

2021 ◽  
Vol 29 (1) ◽  
pp. 82-94
Author(s):  
Muyiwa Adigun
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
World War ◽  
International Criminal Tribunals ◽  
The First World War ◽  
Domestic Courts ◽  
The Relationship ◽  
First World ◽  
Principle Of Complementarity

The principle of complementarity is one of the most important concepts in international criminal law as it defines the relationship between international criminal tribunals and domestic courts. Certain claims have been made in respect of this concept thus this study examines the correctness of the claims made. The study finds that the concept is claimed to have originated from the sciences and that its expression in international criminal law has taken a distinctive form different from that in the sciences, that it is traceable to the First World War and that there are at least about four categories of the concept. The study, however, argues that while the concept originated from the sciences, its expression in international criminal law is no different from that in the sciences, that it is traceable to the trial of Peter von Hagenbach in 1474 (the Breisach Trial) and that there are at least five categories of the concept. The study therefore concludes that the claims made are incorrect.

The Relationship between State Sovereignty and the Enforcement of International Criminal Law under the Rome Statute (1998): A Complex Interplay

2009 ◽  
Vol 9 (3) ◽  
pp. 531-545 ◽  
Author(s):  
Manuela Melandri
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
Current System ◽  
Specific Aspect ◽  
Criminal Court ◽  
International Criminal Law ◽  
State Sovereignty ◽  
The Relationship

AbstractThis article explores the relationship between state sovereignty and the enforcement of international criminal law under the Rome Statute of the International Criminal Court. This doing, it attempts to map out the ambivalent and sometimes contradictory roles that different typologies sovereignty play in advancing or hindering the enforcement of international criminal law. After a brief survey of the literature on the debate over 'international law vs. state sovereignty', the paper focuses on one specific aspect of the newly established ICC: the conditions for case admissibility. The analysis will show that the relationship between state sovereignty and international criminal justice is a dynamic and complex one, which needs to be understood and contextualized within the current system of international relations.

Cooperation Between the United Nations and the International Criminal Court

2013 ◽  
Vol 10 (1) ◽  
pp. 223-246
Author(s):  
Tamara Cummings-John
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
Rome Statute ◽  
Administrative Support ◽  
International Criminal ◽  
Criminal Court ◽  
Recent Developments ◽  
The United Nations ◽  
Judicial Assistance ◽  
The Relationship

As contemplated by the Rome Statute of the International Criminal Court (‘Court’), the United Nations and the Court entered into a Relationship Agreement in 2004. The Relationship Agreement provides a framework for cooperation between the United Nations and the Court, including through logistical or administrative support to the Court, in particular in countries where the Prosecutor has opened investigations or is conducting preliminary examinations. The United Nations also provides substantive support and judicial assistance to the Court’s organs, in particular to the Prosecutor, but also increasingly now to the Defence, by making available documents and information generated or obtained by the United Nations and its various field presences. United Nations staff and experts have also been made available to the Court for interview and some have testified before the Court, for which the United Nations Secretary-General has to waive their immunity. This commentary provides an update on recent developments in two areas of cooperation between the United Nations and the court: information sharing, and contact with persons subject to warrants or summonses.

Coordinating concurrent legal orders in the prosecution of international crimes

2013 ◽  
Vol 2 (2) ◽  
pp. 316-344
Author(s):  
BEATRICE I. BONAFÉ
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Interesting Case ◽  
International Criminal Law ◽  
International Crimes ◽  
The Individual ◽  
The Relationship

AbstractInternational criminal law provides a particularly interesting case study for the proliferation of legal orders as it helps to understand the types of uncertainties their interaction may entail with respect to the position of the individual as well as the solutions that may be adopted in that respect. This article analyses a selected number of substantive and procedural uncertainties that originate in the relationship between international criminal law and domestic legal orders. The purpose of the discussion is to identify the particular legal devices that have been elaborated in order to ensure the coordination between these legal orders, and to suggest areas in which a better coordination is still to be achieved.

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