scholarly journals Special tribunal for Lebanon: legal and institutional principles of activity

Legal Ukraine ◽  
2020 ◽  
pp. 48-57
Author(s):  
Oleksandr Bazov
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
Practical Interest ◽  
International Criminal Law ◽  
Institutional Framework ◽  
International Criminal Justice ◽  
Institutional Foundations ◽  
International Character

The article presents the result of a study of the legal and institutional framework of the Special Tribunal for Lebanon. In particular, the role of the UN Security Council and the Government of the Lebanese Republic in the establishment of this Tribunal, the features of its legal and institutional framework as a court of international character are determined. The analysis of its international and national components is carried out. The jurisdiction of the Tribunal and the practice of its activity are studied. In the current conditions of active development of the system of international criminal justice in the field of view of the science of international law are international criminal courts of the so-called “new wave” or “third generation”, the study of legal and institutional principles of which is of great scientific and practical interest. The aim of the article is to study the legal and institutional foundations of the formation and operation of the court of international character – the Special Tribunal for Lebanon, which occupies a special place in the international criminal justice system given the specific features of its formation and operation, its international and national components. The scientific novelty of the research results is that a comprehensive study of the legal and institutional foundations of the establishment and operation of the Special Tribunal for Lebanon in Ukraine is carried out for the first time. The study of the legal and institutional foundations of the establishment and operation of this Tribunal, its jurisdictional powers and practices is important both for the further development of international criminal law and for the improvement of the international criminal justice system. Key words: international crimes, terrorism, special tribunal, legal bases, institutional bases.

Bridging the Gap between Criminological Theory and Penal Theory within the International Criminal Justice System

2014 ◽  
Vol 22 (3) ◽  
pp. 249-279 ◽  
Author(s):  
Athanasios Chouliaras
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
International Criminal ◽  
State Crime ◽  
Criminological Theory ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
International Crimes

The main objective of this article is to put forward a critical analysis of the emergent international criminal justice system, epitomized by the creation of the permanent International Criminal Court (icc). Such an endeavour is warranted on the assertion that international criminal justice scholarship has entered into a ‘reflective’ phase, the hallmark of which lies in the re-evaluation of the institutions of international criminal law in the light of the distinctive traits of international criminality derived from the combination of the criminological theory of state crime and the rising theory of international crime in the domain of international criminal law. In this context, the article summarizes the basic points and the epistemological premises of the criminological theory of state crime, while seeks to delimit the subject matter by alluding to the concept of core international crimes arising from the normative system of the icc. The core aim of such a combined approach is not to downplay the existing differences between the criminological concept of state crime and the penal concept of core international crimes, but to highlight common points in order to draw tentative conclusions and make some preliminary suggestions from a criminal policy perspective.

scholarly journals Questions of the Legal Status of a Kosovo Specialist Chambers and Specialist Prosecutor’s Office

2020 ◽  
pp. 433-440
Author(s):  
Olexandr Bazov
Keyword(s):  
Criminal Justice ◽  
International Law ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
International Crimes ◽  
Institutional Foundations

In the current conditions of the active development of the international criminal justice system from the Nuremberg and TokyoWar Crimes Tribunals, and after – the International Criminal Tribunals for the former Yugoslavia and for Rwanda, international criminaljudicial authorities of the so-called «new wave» or «third generation» are in the field of view of the science of international law, thestudy of the legal and institutional foundations of which represents significant scientific and practical interest. The legal and institutional foundations of the activities of a Special Court in Kosovo (the name also used to denote the KosovoSpecialist Chambers and Specialist Prosecutor’s Office) in the science of international law, in our opinion, has not sufficiently studied.We believe that this is due both to the fact that this Court, as new type of international criminal justice, was created recently, aswell as to the insignificant and contradictory practice of its judicial activity.Considering the foregoing, the aim of the article is to study the legal and institutional foundations and activities of a Special Courtto investigate war and other international crimes that were committed on the territory of Kosovo and which occupies a special place inthe international criminal justice system, given the specific features of its creation and activities, the formations of its international andnational components.The scientific novelty of the research results is that a comprehensive study of the legal and institutional foundations of the creationand activities of the Court, in Ukraine is being done for the first time.As the same time, during the scientific study, it was taken into account that this Court was created with the active participationof the United Nations, the Council of Europe, the European Union and also individual countries, as well as Kosovo in ordered to pro -secute for the commission of international crimes during the armed conflict in the territory of the former Yugoslavia, the «winners» –the former leaders of the Kosovo Liberation Army (UÇK), who were never prosecuted for their commissions of international crimesduring the activities of the International Criminal Tribunal for the former Yugoslavia (ICTY).

Punishing the Enemies of All Mankind

2008 ◽  
Vol 21 (4) ◽  
pp. 971-993 ◽  
Author(s):  
ALETTE SMEULERS
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
International Criminal Justice ◽  
Collective Violence ◽  
Mass Violence ◽  
International Crimes

How do we and how should we punish perpetrators of international crimes such as war crimes, crimes against humanity, and genocide? Is it fair to hold individuals responsible for their role in manifestations of this type of collective violence? Do the punishments issued by international criminal institutions support the usual penological rationales? Do they actually attain their goals? Is the Westernized international criminal justice system the most appropriate means of dealing with mass violence, especially in non-Western countries which might have a different perception of justice? What are the alternatives? These are just some of the questions which Mark Drumbl addresses in this book.

scholarly journals Sixty-Five Years of International Criminal Justice: The Facts and Figures

2013 ◽  
Vol 13 (1) ◽  
pp. 7-41 ◽  
Author(s):  
Alette Smeulers ◽  
Alette Smeulers ◽  
Barbora Hola ◽  
Alette Smeulers ◽  
Barbora Hola ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
Empirical Reality

The international criminal justice system comprises nine international criminal courts and tribunals; six are still operational and three have closed down. On average, they operated for almost nine years apiece and concluded 172 cases in which over 250 judges and 23 chief prosecutors were involved. All in all 745 suspects were indicted, 356 were actually tried and, of these, some 281 defendants were convicted. Currently 34 suspects are on trial and 22 are still at large. The ‘average’ convicted perpetrator is male, aged 40 and a member of a military or paramilitary organisation from Europe, Asia or Africa who is acting on behalf of his government. These are just some of the facts and figures which we present in this article: an overview of the empirical reality of the international criminal justice system which has currently been functioning for just over 65 years.

scholarly journals The Role of International Criminal Justice in Fulfillment of the Tasks of the World Community - UN

2017 ◽  
Vol 4 (3) ◽  
pp. 87-96
Author(s):  
N I Kostenko
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
Holistic Approach ◽  
International Criminal Justice ◽  
World Community ◽  
Criminal Justice Systems ◽  
The World

The article examines the role of international criminal justice in fulfilling the important tasks set by the world community in the 21st century to stabilize the criminal justice system, which should become a fundamental element of the rule of law structure; on the recognition of the central role of the criminal justice system in the development of international criminal justice. The work focuses on the need for a holistic approach to reforming the criminal justice system in order to improve the effectiveness of international criminal justice systems in the fight against crime.

scholarly journals Laying the Foundations for a Convention on Crimes Against Humanity

2018 ◽  
Vol 16 (4) ◽  
pp. 909-957
Author(s):  
Claus Kreß ◽  
Sévane Garibian
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
Crimes Against Humanity ◽  
Genocide Convention ◽  
International Criminal Justice ◽  
Draft Convention

Abstract How far have we come in laying the foundations for a Convention on the Prevention and Punishment of Crimes Against Humanity? The co-editors of this symposium conclude that solid groundwork has been laid and hope that the current momentum will be maintained. At the same time, they caution against a ‘rush to conclusion’ as they see room for considerable refinement of many of the proposed provisions as well as the need for a genuine attempt to address the unresolved questions of immunity ratione materiae and amnesty. At this juncture, it is not easy to predict whether a meaningful new draft convention can be presented without further deepening the divide among states about international criminal justice. But it can safely be stated that every additional investment in intellectual energy and time to arrive at the formulation of such a draft is worthy of the effort. The adoption of a Convention on Crimes Against Humanity and preferably one that also updates the Genocide Convention would mark another milestone in the evolution of the international criminal justice system.

The Normative Basis for Victims' Rights and Their Status in the Criminal Justice Process

2019 ◽  
pp. 57-113
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
International Criminal Justice ◽  
International Crimes ◽  
Conflict Situations ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Normative Basis

In this chapter, the study moves from the legal basis upon which these crimes can be prosecuted to victim-oriented approaches in the criminal justice system. It critically examines the emerging trend of victims-centred approach in international criminal justice system and especially how developments in some domestic systems have informed the growing trend to address the needs of victims in international criminal justice. The discussion in this chapter indicates that the relatively new idea of justice for victims of international crimes suggests that the international criminal justice process should attend to victims' needs, thereby contributing in the rebuilding of war-torn communities. The author argues that while the relatively new victim-centred approach to international crimes remains a significant component of comprehensive victim-focused responses, the complex realties of victims of sexual violence in conflict situations provide a unique range of challenges in addressing the needs of victims in the context of international criminal justice system.

Sign in / Sign up

Export Citation Format

Share Document