The relationship between European and international criminal law (and the absent(?) third)

2016 ◽  
pp. 580-602
Author(s):  
Pedro Caeiro
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
The Relationship

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.

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.

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.

scholarly journals The trial’s the thing: Performance and legitimacy in international criminal trials

2018 ◽  
Vol 24 (2) ◽  
pp. 241-257
Author(s):  
Kate Leader
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Criminal Trials ◽  
And Performance ◽  
The Relationship ◽  
International Criminal Trials

This article explores the relationship between performance and legitimacy in international criminal trials through the lens of the International Criminal Court (ICC). I begin by analysing the deployment of theatrical tropes by different legal scholars, such as Hannah Arendt, and David Luban, arguing that such analogies serve as a policing mechanism for the author to distinguish what they perceive to be the ‘good’ or ‘bad’ theatre of the trial. I then move beyond analogy, drawing on legal sociology and performance theory to read the criminal trial as ritual-like, normative performance. Using the ICC as a case study, I will examine how performance is deployed to create, reinforce and naturalize the role of the ICC in international criminal law. Through focusing on issues of performance and community I offer a different way of looking at what may constitute legitimacy in international criminal law from that which is offered by other legal scholars.

‘bluebeard on trial’: the experience of bathos

2021 ◽  
pp. 88-112
Author(s):  
Gerry Simpson
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
War Crimes Tribunals ◽  
The Relationship

It was a characteristic of early international criminal law that a search for precedents coexisted alongside obsessive declarations of ‘unprecedentedness’. The ‘unprecedented’ provided a moral and diplomatic basis for the invention of the field and its various novel doctrines. It is unprecedented outrage that engages—perhaps establishes the existence of—a ‘conscience of mankind’ so vital to the spirit behind the original war crimes tribunals. This chapter concerns itself, then, with the relationship between lawful precedents (often disappointing and ahistorical) and unprecedented, sublime violence, and the production of bathos in the exchange between the two.

Ch.One Foundations

2020 ◽  
Author(s):  
Werle Gerhard ◽  
Jeßberger Florian
Keyword(s):  
Criminal Law ◽  
Transitional Justice ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Peace Treaty ◽  
International Legal Order ◽  
History Of ◽  
The Relationship

This chapter sets down the legal and historical foundations of international criminal law. It begins with a brief overview of the history of international criminal law, beginning with the 1919 Versailles Peace Treaty and ending with the developments after the creation of the International Criminal Court (ICC) Statute. From there, the chapter discusses the concepts, aim, and legitimacy of international criminal law before turning to the role of international criminal law within the international legal order. Afterward, the chapter turns to the sources and interpretation of international criminal law as well as universal jurisdiction, the duty to prosecute, and transitional justice. Next, the chapter considers the relationship between international and domestic courts as well as the prosecution of international crimes under international law by international and ‘internationalised’ courts. Finally, this chapter closes with a discussion on international criminal law in practice.

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