scholarly journals International criminal law and terrorism

2021 ◽  
Vol 22 (1-2) ◽  
pp. 111-142
Author(s):  
Darko Trifunović
Keyword(s):  
Political Violence ◽  
Criminal Law ◽  
International Security ◽  
International Criminal ◽  
Relevant Literature ◽  
Complete Characterization ◽  
Criminal Court ◽  
International Criminal Law ◽  
Security Problem ◽  
Definition Of

Although as old as politics itself, terrorism as an international security problem has not yet received its unique definition. The purpose of this paper is to consider the necessity having a generally accepted definition of terrorism in the form of political violence as the basis on which terrorism will find its place in international criminal law. The first part of the paper is dedicated to the general consideration of international criminal law and the International Criminal Court. The second part of the paper examines the existing definitions of terrorism and analyzes terrorism as a crime in international criminal law. Terrorism has long transcended national borders and is no longer a threat only to sovereign states but also to international peace and the security of both the individual and society as a whole. With the expansion of terrorism and increasingly brutal ways of expressing this type of crime, there is a need for even closer international criminal cooperation of sovereign states in the development of legal mechanisms for the prevention and punishment of perpetrators of these criminal acts. By reviewing relevant literature concerning itself with such topics and comparing different understandings of the concept of terrorism from legal, political, and security science sources, we conclude that clarifying the definition of terrorism as an international security problem will, lead to its complete characterization as an international criminal act.

scholarly journals A Perspective on the Rome Statute’s Defence of Duress: The Role of Imminence

2018 ◽  
Vol 18 (1) ◽  
pp. 154-177 ◽  
Author(s):  
Clare Frances Moran
Keyword(s):  
Present State ◽  
Criminal Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Definition Of ◽  
The Individual

The concept of duress encapsulated in Article 31(1)(d) of the Rome Statute of the International Criminal Court is a novel inclusion in a statute created to allow prosecution of serious crimes against the person in international criminal law. Despite being the topic of much debate, the present state of the discourse remains at a fairly superficial level: existing studies focus on a general analysis of the defence and its conditions. This has included the way in which the defences merges necessity and duress, with only a few authors examining the conditions of ‘proportionality’ and ‘necessity’. This study looks at an underexplored part of the defence: the condition of imminence. The purpose of this work is to explore the idea of imminence and to review whether a clearer definition of duress could have been used, replacing the idea of imminence with the concept of the individual selecting the lesser evil.

scholarly journals The Elephant in the Room: The Uneasy Task of Defining ‘Racial’ in International Criminal Law

2015 ◽  
Vol 15 (3) ◽  
pp. 485-516
Author(s):  
Carola Lingaas
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Racial Groups ◽  
Legal Norms ◽  
Definition Of ◽  
Principle Of Legality

The Rome Statute of the International Criminal Court contains the term ‘racial’ in its provisions on the crime of genocide, persecution and apartheid. However, it fails to provide for a definition of this historically burdened term. International criminal law is guided by the principle of legality and legal norms should be as narrowly defined as possible. This article will therefore attempt to provide a contemporary legal definition of ‘racial’. The article contains an overview of the historical development, the treatment of the issue of ‘race’ by anthropology and human rights, before turning to international criminal law. Cases dealt with by the ictr and the icty on ‘racial groups’ with regard to the crime of genocide will be analysed and categorised. The article concludes with a suggestion to juxtapose racial groups with ethnical groups, based on the perception of the perpetrator or the self-perception of the victims (subjective approach).

A Strategic Choice: The State Policy Requirement in Core International Crimes

2015 ◽  
Vol 28 (4) ◽  
pp. 953-975 ◽  
Author(s):  
ATHANASIOS CHOULIARAS
Keyword(s):  
Criminal Law ◽  
State Policy ◽  
International Criminal ◽  
Criminal Policy ◽  
The State ◽  
International Criminal Law ◽  
Controversial Issues ◽  
Policy Perspective ◽  
International Crimes ◽  
Definition Of

AbstractThe article focuses on one of the most intriguing and, at the same time, controversial issues of international criminal law: whether the state policy requirement should be considered as a constitutive element in core international crimes. Adopting a criminal policy perspective, my intention is to contribute to the ongoing discussion by offering a doctrinal and criminological corroboration of the position that answers in the affirmative. Nevertheless, I am not necessarily promoting a normative choice entailing the amendment of the definition of core international crimes, but I rather call for a policy choice of focusing on cases that presume a state policy component.

scholarly journals Nazi Crimes in Poland. A Never-Ending Search for Justice

2019 ◽  
pp. 142-160
Author(s):  
Hanna Kuczyńska
Keyword(s):  
World War Ii ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
World War ◽  
National Courts ◽  
International Criminal Tribunals ◽  
Efficient Machine

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.

scholarly journals TINDAK PIDANA TERORISME DARI PERSPEKTIF HUKUM PIDANA INTERNASIONAL

2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Rahma Yanti
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
International Criminal ◽  
International Crime ◽  
Transnational Crime ◽  
Criminal Court ◽  
International Criminal Law ◽  
Positive Law ◽  
Sensitive Issue ◽  
International Conventions

Terrorism is one of transnational crime base on international conventions. One of national crime which consists of transnational aspects. Transnational crime convention only manage about how to run cooperation to eliminate national crime which across country borders. Terrorism hasn’t consider as International crime because there’s no unification about its definition. Terrorism still consider as a sensitive issue in each country related with rass, etnis, culture, religion, and geographical aspects. Terrorism law enforcement proses is each country positive law jurisdiction and not as International Criminal Court jurisdiction based on Rome Statuta.Keywords: Crime, Terrorism, International Criminal Law

To Withdraw or Not to Withdraw: A Structural Analysis of the Scope and Limits of Voluntary Withdrawal of Criminal Attempt in the Rome Statute

2020 ◽  
Vol 20 (6) ◽  
pp. 1167-1192
Author(s):  
Igor Vuletić
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
International Crime ◽  
Criminal Liability ◽  
Criminal Court ◽  
International Criminal Law ◽  
Clear Understanding ◽  
Voluntary Withdrawal ◽  
Subjective Conception

Abstract Voluntary withdrawal of criminal attempt is one of the fundamental institutes of the general part of criminal law, originally codified in international criminal law in the Rome Statute. Since the Statute attributed significant legal effects to withdrawal, which excludes the liability for criminal attempt, it is important to establish a clear understanding on its scope and limitations. This article analyses controversial issues related to the legal nature of withdrawal as grounds for exclusion of criminal liability, withdrawal of individual offenders and accomplices, and provides interpretations on potential solutions for these issues. The analysis is based on the subjective conception of withdrawal, under which its essence lays in the rejection of the initial criminal intent, while taking into consideration withdrawal in the context of international crime. Based on the analysis, an original three-level test for the determination of withdrawal in the future practice of the International Criminal Court, (icc) is proposed.

The Al Mahdi CaseFrom Punishing Perpetrators to Repairing Cultural Heritage Harm

2020 ◽  
pp. 133-156
Author(s):  
Karolina Wierczyńska ◽  
Andrzej Jakubowski
Keyword(s):  
Cultural Heritage ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Court ◽  
International Criminal Law ◽  
Cultural Sites ◽  
Historical Monuments ◽  
Evolving System ◽  
Individual Criminal Responsibility

This chapter examines the ongoing process of consolidating international criminal law regimes for counteracting cultural heritage crimes, with particular focus on reparations for cultural harm. It begins with a wider panorama of international criminal law and jurisprudence in relation to cultural heritage crimes. This background outlines the limited provisions of the Rome Statute and offers some critical observations in relation to the evolving system of individual criminal responsibility for cultural heritage crimes. Second, it scrutinizes the approach taken by the International Criminal Court (ICC) in convicting Al Mahdi for the crime of intentionally directing attacks against buildings dedicated to religion and/or historical monuments. Third, this chapter considers the issue of remedies and reparations for cultural harm suffered in light of the relevant provisions of the Rome State and the practice of international human rights bodies. Next, it analyzes the approach taken by the ICC in Al Mahdi regarding the methodology of determining reparations for the international destruction of cultural heritage. This chapter also analyzes the possible reconsideration of the crime of deliberate attacks against protected cultural sites going beyond the notion and scope of war crime.

Sign in / Sign up

Export Citation Format

Share Document