Accountability for violations of the Law of Armed Conflict and the question of the efficacy of International Criminal Law in ameliorating violence in armed conflict

2015 ◽  
pp. 199-219
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
International Criminal Law ◽  
Law Of Armed Conflict ◽  
The Law

The ‘Soul of an Army’: A Defence of Military Court Trials for Violations of the Law of Armed Conflict

2020 ◽  
pp. 1-33
Author(s):  
Conor Donohue
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Large Body ◽  
International Criminal Law ◽  
Service Members ◽  
Legal Basis ◽  
International Forum ◽  
Military Justice ◽  
Law Of Armed Conflict

Military justice as a body of law was subject to much criticism in the preceding decades before undergoing significant reforms to ensure that fair trial rights could be achieved. However, modern military justice systems are appropriate mechanisms for addressing law of armed conflict (LOAC) violations committed by service members. It is argued that the goals of military justice are consistent with LOAC, and that military justice has a valid legal basis to try violations. Such trials have a large body of precedent. The purported disadvantages of military trials are sufficiently mitigated to prevent cover-ups and unfair trials. Furthermore, military justice offers several benefits that cannot be achieved in a civilian or international forum. It is concluded that although military legal systems are imperfect, their role in the enforcement of international criminal law is worthy of further debate.

The ictr and Its Contribution to the Revivification of International Criminal Law

2020 ◽  
Vol 22 (1-4) ◽  
pp. 231-246
Author(s):  
Emily Crawford
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Armed Conflict ◽  
Ad Hoc ◽  
International Criminal ◽  
Case Law ◽  
International Criminal Law ◽  
Legal Responses ◽  
The Law

In this article, Emily Crawford explores one set of key institutional and legal responses to, and consequences of, the Rwanda genocide – the ictr and the revival of icl that the ictr and the icty heralded. Tracing the development of the concept and institutions of icl, Crawford observes how the case law of the [ad hoc] tribunals, and the ictr in particular, were pivotal in progressively developing the international law of genocide, and the law of non-international armed conflict’.

scholarly journals THE ACT OF ABDUCTION AND WOMEN TRAFFICKING IN NON-INTERNATIONAL ARMED CONFLICT (NIAC): BOKO HARAM CASE

2021 ◽  
Vol 5 (1) ◽  
pp. 81-97
Author(s):  
Astrid Adelina ◽  
Nadhifa Khairunissa Ishadi
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Geneva Convention ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Suicide Bombing ◽  
Boko Haram ◽  
The Law

ABSTRACT Armed conflict situations will always have real negative implications, one of them is the attack against civilians. Civilians are considered as non-combatant, they do not participate in armed conflicts, thus they should not be targeted and attacked. One of the civilian groups who have special protection is women. But, in reality, women still frequently become the main victim. In the case of non-international armed conflict between Nigeria and Boko Haram, it is found that 2000 female students were abducted. They were sexually abused such as raped, sexual slavery, forced marriage, trafficked and ordered to commit suicide bombing. Nigeria is a state party to Additional Protocol II of the 1949 Geneva Convention as well as Rome Statute 1998. Nonetheless the crimes cannot be avoided and go unpunished. This paper highlights the analysis of the crime addressed to women from the perspective of international humanitarian law and international criminal law particularly in regards to the law enforcement. Research indicates that there is impunity which causes unwillingness of Nigeria to enforce the law against Boko Haram. Hence the international mechanism through ICC can be the best option to bring justice. Keywords: Boko Haram, International Criminal Law, International Humanitarian Law, Non-International Armed Conflict, Women.   ABSTRAK Keadaan konflik bersenjata akan selalu memiliki implikasi negatif yang nyata, salah satunya terhadap pihak sipil. Pihak sipil disebut sebagai non-kombatan, yaitu orang-orang yang tidak berpartisipasi di dalam konflik bersenjata, yang berarti orang-orang tersebut bukanlah target dan tidak boleh diserang. Salah satu pihak yang mendapat perlindungan khusus adalah perempuan. Tetapi, pada kenyataannya perempuan masih sering menjadi korban utama. dalam konflik non-internasional antara Nigeria dan Boko Haram, ditemukan fakta 2000 pelajar perempuan diculik. Mereka mengalami berbagai kekerasan seksual seperti pemerkosaan, budak seks, kawin paksa, perdagangan manusia, dan bahkan untuk melakukan bom bunuh diri. Nigeria adalah negara pihak Protokol Tambahan II Konvensi Jenewa 1949 dan Statuta Roma 1998. Namun kejahatan-kejahatan tersebut tidak dapat terhindari dan tidak diadili. Tulisan ini menitikberatkan penegakan hukum terkait kejahatan terhadap perempuan dilihat dari perspektif hukum humaniter internasional dan hukum pidana internasional. Berdasarkan penelitian, terdapat praktek impunitas yang menunjukan ketidakmauan Nigeria untuk melakukan penegakan hukum terhadap Boko Haram sebagai pelaku kejahatan tersebut. Oleh karenanya mekanisme ICC dapat merupakan pilihan terbaik untuk menegakan keadilan. Kata Kunci: Boko Haram, Hukum Humaniter Internasional, Hukum Pidana Internasional, Konflik Bersenjata Non-Internasional, Perempuan

Complaint Regarding the Israeli Actions Against the Maritime Flotilla for the Gaza Strip

2019 ◽  
Vol 181 ◽  
pp. 488-567
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Humanitarian Assistance ◽  
Sufficient Reason ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Criminal Investigation ◽  
Naval Blockade ◽  
Law Of Armed Conflict

War and armed conflict — International armed conflict — Non-international armed conflict — Status of armed conflict — Law of armed conflict — Armed conflict at sea — Whether armed conflict between non-State organization and Israel — Terrorism — Use of terrorist methods — Relevance — Prerequisites for determining existence of armed conflict — Whether necessary to determine whether armed conflict international or non-international in character — Distinction between war crime and ordinary crime — War crimes — Nexus requirement — Attack in law governing conduct of hostilities — Military objective — Law governing armed conflict at sea — Right to a naval blockade — Status of merchant vessel breaching naval blockade — Status of goods on merchant vessel breaching naval blockade — Contraband — Enforcement of naval blockade on high seas — Naval blockade in law of international armed conflict — Non-international armed conflict — Whether power to impose a naval blockade applicable — Distinction between members of non-State organized armed groups and civilians — Journalists and war correspondents — Civilian taking a direct part in hostilities — Proportionality — International criminal law — Humanitarian assistance and peacekeeping missions — Wilfully causing great suffering and serious injury to body or health — Deportation and forcible transfer — Humiliating and degrading treatment — Unjustifiably delaying return home of a person detained after enforcement of naval blockade — Pillaging and unlawfully destroying, appropriating or seizing property — Crimes against humanity — Contextual element of widespread or systematic attack against any civilian population — Person hors de combat in law of armed conflict and international criminal law — Whether criminal investigation to be instigated — Whether sufficient reason to believe crime committed to detriment of German and non-German nationalsInternational criminal law — War crimes — Crimes against humanity — Law of armed conflict — Armed conflict at sea — Humanitarian assistance and peacekeeping missions — Wilfully causing great suffering and serious injury to body or health — Deportation and forcible transfer — Humiliating and degrading treatment — Unjustifiably delaying return home of a person detained after enforcement of naval blockade — Pillaging and unlawfully destroying, appropriating or seizing property — Crimes against humanity — Contextual element of widespread or systematic attack against any civilian population — Person hors de 489combat — Whether criminal investigation to be instigated — Whether sufficient reason to believe crime committed to detriment of German and non-German nationalsSea — Armed conflict at sea — Treaties — Customary international law — Right to a naval blockade — Legal prerequisites — Status of merchant vessel breaching naval blockade — Status of goods on merchant vessel breaching naval blockade — Contraband — Enforcement of naval blockade on high seas — Naval blockade in law of armed conflict — Whether power to impose a naval blockade applicable — Whether criminal investigation to be instigated — Whether sufficient reason to believe crime committed to detriment of German and non-German nationalsJurisdiction — Universal jurisdiction — Extraterritorial jurisdiction in case of attack on marine traffic — Passive personality principle — Law of Germany including discretion not to exercise universal jurisdiction — Immunity from foreign criminal jurisdiction — The law of Germany

The “Kouwenhoven” Case

2019 ◽  
Vol 181 ◽  
pp. 568-704
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Criminal Liability ◽  
Criminal Activity ◽  
War Crimes ◽  
International Criminal Law ◽  
Post Conflict ◽  
Arms Embargo ◽  
Witness Statements

Economics, trade and finance — Economic sanctions — Liberia — UN Security Council Resolutions 1343 (2001) and 1408 (2002) — Implementation of arms embargo under Dutch law — Whether sanctions regime violatedInternational criminal law — Difference between perpetrator and accomplice liability — Complicity in war crimes — Requirement that defendant promoted or facilitated the commission of war crimes — Conditional intent — Whether defendant consciously accepted the probability that war crimes would be committed in connection with his material support — Risk of doing business with a government engaged in international criminal activityInternational criminal law — Evidence — Admissibility and weight of witness statements — Factors relevant to assessing witness statements obtained in post-conflict environment — Coercion of witnesses — Whether inconsistencies in witness statements requiring acquittalInternational criminal law — Circumstances excusing unlawful conduct — National emergency — Whether violations of arms embargo and laws and customs of war justified by right to self-defence under international lawJurisdiction — Universal jurisdiction — War crimes — Prosecution of a Dutch national for offences committed abroad — Whether conduct of investigation by Dutch authorities making prosecution inadmissible — Whether amnesty scheme in Liberia barrier to prosecution — No violation of fair trial rightsWar and armed conflict — Existence of armed conflict — Whether armed conflict international or internal — Limited gap between norms applicable to international versus non-international armed conflict — Whether violations of laws and customs of war giving rise to individual criminal liability under Dutch law — The law of the Netherlands

The First Trial of Former Members of the Kosovo Liberation Army: Prosecutor v. Fatmir Limaj, Haradin Bala, and Isak Musliu

2006 ◽  
Vol 19 (2) ◽  
pp. 459-476
Author(s):  
PASCALE CHIFFLET
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
Eyewitness Identification ◽  
International Criminal ◽  
Trial Chamber ◽  
International Criminal Law ◽  
Criminal Enterprise ◽  
Civilian Population ◽  
Joint Criminal Enterprise

In its Judgement issued on 30 November 2005 in Prosecutor v. Limaj et al., Trial Chamber II of the ICTY found that an armed conflict existed in Kosovo between the Kosovo Liberation Army and the Serbian forces as of the end of May 1998. It held, however, that the evidence did not establish that there was a widespread or systematic attack by the KLA directed against a civilian population at the relevant time. The first trial of former members of the Kosovo Liberation Army also gave rise to a number of significant developments in the ICTY's jurisprudence relating to issues of international criminal law and procedure, such as the treatment of hostile witnesses and of eyewitness identification evidence, as well as the proof of the existence of a joint criminal enterprise.

The Law of Sentencing in International Criminal Law: The Purposes of Sentencing and the Applicable Method for the Determination of the Sentence

2001 ◽  
Vol 4 ◽  
pp. 87-127 ◽  
Author(s):  
Jan Christoph Nemitz
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
International Criminal ◽  
International Criminal Law ◽  
Law Of Nature ◽  
Objective Understanding ◽  
The Law ◽  
And Control ◽  
Legal Grounds

‘Sentencing is an art and not a science’. This statement of Lord Lane expresses, with all due respect, what sentencing should not be. Although it cannot be denied that the process of determining a sentence is far from being a mathematical exercise, the result of which can be verified or falsified by reference to some unquestionable law of nature, both the legislator and the judiciary must strive for the development of a law of sentencing which is based on a comprehensive set of statutory provisions. The very term ‘lawof sentencing’ indicates that the meting out of a sentence is more than the exercise of a skill that only judges are vested with. The use of the term ‘art’, conversely, to describe sentencing gives the impression that the act of sentencing is beyond objective understanding and control. When we speak of art, we acknowledge that while views on the outcome can be manifold, objective criteria for a ‘correct’ assessment are few: there's no accounting for taste. This is unacceptable when looking at the significance of the law of sentencing for the pursuit of various sentencing purposes. To base the determination of the sentence on legal grounds enhances the review possibilities with regard to sentencing judgments. This contributes to an even sentencing practice, which in turn leads to just and comprehensible sentencing judgments. Such a practice is necessary in order to achieve public acceptance of the criminal justice system in general and of sentencing verdicts in particular. Such acceptance is imperative for the achievement of several sentencing purposes, especially that of affirmative (or positive) general prevention.

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