The role of forensic science and forensic examination in international cooperation in the investigation of crimes

2021 ◽  
Vol 28 (1) ◽  
pp. 179-186
Author(s):  
Valery Yu. Shepitko ◽  
Mykhaylo V. Shepitko
Keyword(s):  
Forensic Science ◽  
International Cooperation ◽  
International Criminal ◽  
Expert Witness ◽  
International Crime ◽  
National Level ◽  
Criminal Court ◽  
Theory And Practice ◽  
International Level

The application of forensic science and expertise is a necessary prerequisite for the investigation of crimes at the local and national level. Without the use of forensic science and expertise, an investigation within the framework of a criminal process becomes dead and unsubstantiated. But with the globalisation of world processes, the development of technologies, the speed of information transmission, the formation of crime outside the borders of one state and its entry into the international level has become an urgent problem, which has become a challenge in countering such crime and the need to steer forensic science and expertise towards assisting law enforcement activities. A special feature of countering the investigation of crimes was the creation of international cooperation between forensic specialists and expert witnesses even prior to the establishment of practical institutions that could counteract them in practice. Therewith, some representatives of such international unions and associations have taken serious steps in creating mechanisms for real counteraction to crimes at the international level (R.A. Reiss, G. Soderman, M.Sh. Bassiuni). Coverage of the problem of international cooperation in the investigation of crimes through the definition of the role of forensic science and expertise allowed focusing on the following blocks: 1) international associations of forensic specialists for combating crime in the historical context; 2) international criminal police organisations in combating crime; 3) international cooperation in the field of conducting forensic examinations; 4) the use of forensic and special knowledge in the activities of the International Criminal Court. Thus, a combination of theory and practice in the fight against crime is demonstrated. Historically, this is associated with the role of forensic science and expertise in recording traces of crimes, analysing them, and forming legal, forensic, and expert witness opinions. The purpose of the study is to establish the decisive role of forensic science and expertise in international cooperation in the investigation of crimes. For this, the authors turned to forensic science and expertise, historical processes that served to create substantial international organisations created to counter international crime

THE MAIN ROLE OF PROSECUTOR OFFICE IN THE FIELD OF INVESTIGATION OF INTERNATIONAL CRIMES INCLUDING JURISDICTION OF İNTERNATIONAL CRIMINAL COURT AND THE MAIN CHARACTER OF COOPERATION AGREEMENT BETWEEN THE INTERPOL AND PROSECUTOR OFFICE

2020 ◽  
Vol 56 (07) ◽  
pp. 56-59
Author(s):  
Farid Ziyat Ahmadov ◽  
Keyword(s):  
20Th Century ◽  
International Criminal Court ◽  
International Criminal ◽  
International Crime ◽  
Criminal Court ◽  
Main Role ◽  
Main Character ◽  
Cooperation Agreement ◽  
International Crimes

The fight against international crime has been a serious problem for states, especially since the second half of the 20th century. One of the most effective organizations in the fight against this is the International Criminal Court. One of the main bodies of the International Criminal Court is the Prosecutor Office. The article describes the main tasks of Prosecutor Office, the main features of the candidates for this position, the grounds for appointment and dismissal, the main functions of collecting evidence used in the investigation of international crimes and the main features of the cooperation agreement between Interpol and the Prosecutor Office. Key words: fight against international crimes, prosecutor office, evidence, investigation of crimes, cooperation agreement

scholarly journals The crime of aggression between consensus and contestation

2011 ◽  
Vol 63 (1) ◽  
pp. 24-51
Author(s):  
Milos Milovanovic
Keyword(s):  
Rome Statute ◽  
International Criminal ◽  
International Crime ◽  
Criminal Court ◽  
Theory And Practice ◽  
International Criminal Law ◽  
Limiting Factor ◽  
Theoretical Discussion ◽  
International Courts ◽  
Advantages And Disadvantages

The efforts to define the crime of aggression as an international crime are accompanied by many problems. Some countries see it as a sign of salvation against foreign interference in internal affairs, while others see it as a limiting factor in achieving their own interests. In the battle between consensus and contestation every victory was a Pyrrhic one and the price of any compromise was high. However, after the Review Conference of the Rome Statute of the International Criminal Court, which was held in 2010, we have many reasons for optimism. In this paper, the author presents the historical development of the crime of aggression from the theoretical discussion to its criminalization as an international crime. It is through a critical analysis of the norms in international documents and judgments of international courts based on them that we point to all the advantages and disadvantages of defining aggression. In his conclusion, the author predicts the future of the crime of aggression, bearing in mind the latest solutions in theory and practice of international criminal law.

International criminal law and border control: The expressive role of the deportation and extradition of genocide suspects to Rwanda

2020 ◽  
Vol 33 (3) ◽  
pp. 789-807
Author(s):  
Nicola Palmer
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Crime ◽  
National Level ◽  
International Criminal Law ◽  
Border Control ◽  
Immigration Laws ◽  
Refugee Law

AbstractThe use of criminal law in border control has gained increasing and warranted scholarly attention. International criminal law is no exception, although the orientation of the debates in international law is different from that at the national level. While scholarship on domestic border control is characterized by a deep scepticism of the use of criminal sanction, the focus in international criminal law has been on the exclusion of individuals suspected of involvement in an international crime from the protective sphere of refugee law. The divergence of this scholarship does not fully account for how responses to allegations of involvement in an international crime are often embedded within domestic immigration laws, making concerns regarding domestic border control relevant for discussions in international criminal law. To examine these domestic entanglements, this article analyses an independently generated dataset of 122 cases in 20 countries concerning 102 individuals alleged to have participated in the 1994 genocide in Rwanda. This dataset enables an empirical analysis of the role that international criminal law is playing in their extradition, deportation or domestic prosecution. It argues that these cases are underpinned by plural types of expressive work. They communicate not only an ongoing commitment to recognizing the universal wrong of genocide, but also more ambiguous messaging about what constitutes a fair trial in Rwanda, who constitutes a ‘criminal migrant’ and, to a Rwandan audience, the transnational penal reach of the Rwandan state.

International criminal law and the role of non-state actors in preserving open source evidence

2018 ◽  
Vol 7 (2) ◽  
pp. 268-283
Author(s):  
Róisín A Costello
Keyword(s):  
Open Source ◽  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
National Level ◽  
Criminal Court ◽  
International Criminal Law ◽  
State Actor ◽  
State Actors

This article analyses the current duties of non-state actors, specifically digital platform providers, to preserve and report content useful in the later prosecution of international criminal offences. The article illustrates the shortcomings of current legal mechanisms both at an international and national level by which such duties to preserve and/or report are imposed and proposes solutions which countenance a more developed role for the International Criminal Court in collecting and preserving open source evidence independent of non-state actor cooperation.

scholarly journals Armed Conflicts in Africa and Western Complicity: A Disincentive for African Union's Cooperation with the ICC

2009 ◽  
Vol 3 (1) ◽  
pp. 53-76 ◽  
Author(s):  
Ifeonu Eberechi
Keyword(s):  
Law Enforcement ◽  
International Criminal ◽  
International Crime ◽  
Criminal Court ◽  
International Justice ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Domestic Courts

AbstractIntrinsic in the concept of international justice for violations of international humanitarian law is the requirement of cooperation by states and, to a large extent, regional bodies with the International Criminal Court (ICC). Unlike domestic courts, the ICC is not endowed with law enforcement power nor could such power be imputed to it as part of its functions. It is against this background that the on-going crisis of corporation between the ICC and the African Union (AU) following the indictment of Sudanese President Omar al-Bashir for international crime portends a far reaching implication for the administration of international criminal accountability. As part of a broader diagnosis of the reasons for the AU's opposition, this paper, while discussing armed conflicts in Africa, which provides the fillip for gross human rights violations in the region, exposes the contributions of the West. It concludes that an effective enforcement of international justice in the region must include an inquiry into the role of international actors and Western powers in promoting and exacerbating the situation.

The Crime of Aggression before the First Review of the ICC Statute

2007 ◽  
Vol 20 (4) ◽  
pp. 851-865 ◽  
Author(s):  
CLAUS KRESS
Keyword(s):  
Security Council ◽  
International Criminal ◽  
International Crime ◽  
Complex Structure ◽  
Criminal Court ◽  
International Criminal Law ◽  
Customary International Law ◽  
Practical Effect ◽  
Definition Of

A few years before the expected convening of the First Review Conference on the Statute of the International Criminal Court, the Special Working Group for the Crime of Aggression has made very significant progress in preparing the ground for enabling the Court to exercise its jurisdiction over what the Nuremberg Tribunal famously called the ‘supreme international crime’. The complex structure of this absolute leadership crime has been fully explored, including its implications for the interplay between the definition of the crime and the general principles of international criminal law. At the same time, the crucial analytical distinctions between state and individual conduct as well as between the substantive elements of the crime and the possible procedural role of the UN Security Council appear to be generally accepted. In the light of the momentum achieved on the diplomatic level, the First Review Conference presents a distinct and historic window of opportunity to the world's political leadership to complete the Rome Statute and thereby prevent its prominent lacuna from becoming permanent and thus turning into a legitimacy gap. The final phase of the negotiations should be guided by two principles. First, the substantive definition of the state act of aggression should stay within the legitimate limits of international criminal justice by not exceeding undisputed general customary international law. Second, a possible procedural role for the Security Council must not have the practical effect of placing the permanent members of the Security Council beyond the reach of the law.

Law and contestation in international negotiations

2020 ◽  
Vol 46 (5) ◽  
pp. 672-690
Author(s):  
Kyle Rapp
Keyword(s):  
Discourse Analysis ◽  
International Relations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Negotiations ◽  
The Us ◽  
Legal Grounds

AbstractWhat is the role of rhetoric and argumentation in international relations? Some argue that it is little more than ‘cheap talk’, while others say that it may play a role in persuasion or coordination. However, why states deploy certain arguments, and why these arguments succeed or fail, is less well understood. I argue that, in international negotiations, certain types of legal frames are particularly useful for creating winning arguments. When a state bases its arguments on constitutive legal claims, opponents are more likely to become trapped by the law: unable to develop sustainable rebuttals or advance their preferred policy. To evaluate this theory, I apply qualitative discourse analysis to the US arguments on the crime of aggression at the Kampala Review Conference of the International Criminal Court – where the US advanced numerous arguments intended to reshape the crime to align with US interests. The analysis supports the theoretical propositions – arguments framed on codified legal grounds had greater success, while arguments framed on more political grounds were less sustainable, failing to achieve the desired outcomes. These findings further develop our understanding of the use of international law in rhetoric, argumentation, and negotiation.

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