scholarly journals Criminal Liability for Organization of Illegal Migration

2021 ◽  
Vol 39 (68) ◽  
pp. 581-595
Author(s):  
Mariya Vyacheslavovna Talan ◽  
Ildar Rustamovich Begishev ◽  
Tatyana Gennadievna Zhukova ◽  
Diana Davlenovna Bersei ◽  
Regina Rustеmovna Musina ◽  
...  
Keyword(s):  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Group ◽  
Criminal Policy ◽  
International Criminal Law ◽  
Unified Approach ◽  
Illegal Migration ◽  
Criminal Groups ◽  
Group Association

The article discusses the criminal responsibility for illegally organizing migration, using a comparative documentary-based methodology. Constant changes in public life suggest the need to improve states' criminal policy in the field of establishing responsibility for organizing illegal migration, both nationally and internationally. An analysis of the provisions of international criminal law makes it possible to consider various legal approaches to the criminalization of acts in the field of migration. The document underpins the need to develop a unified approach to determining the characteristics of the crime in question, as it is transnational. It is concluded that, regardless of the different approaches of States to recognize illegal population migration, the organization of this illegal activity, in the presence of certain signs, should be recognized as a crime. At the same time, the organization of illegal migration is defined as the commission by a criminal group (association of criminal groups) of actions aimed at creating the conditions for the illegal movement of foreign nationals across the state border or their illegal presence in each country.

scholarly journals An overview on Individual Criminal Liability for Crime of Aggression

2021 ◽  
Vol 5 (1) ◽  
pp. 433-444
Author(s):  
Asif Khan ◽  
Shaukat Hussain Bhatti ◽  
Abid Shah
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
International Criminal Law ◽  
Historical Background ◽  
Proper Definition ◽  
Definition Of ◽  
Individual Criminal Responsibility

Over the last few years, international criminal law has included an internationally recognized definition of the crime of aggression. One may sight the respective portion from part two (Jurisdiction, Admissibility and Applicable Laws) Article 8 of the respective document. The purpose of this research represents the historical background of individual criminal responsibility under international law and the concept of individual criminal accountability for the crimes falling under the ambit of international criminal law committed by persons. Whereas the idea of how an individual could be brought to justice, for one of the core crimes of ICC's statutes, i.e., crime of aggression, was recently adopted and envisaged into Rome statutes, after the Kampala conference 2010. The concept of individual criminal responsibility for the crime of aggression faced many difficulties in at-least adopting its proper definition, which was leftover for future when Rome statue was formulated. To keep pace, this concept needs further evolution. Such an evolution demands such a condition wherein while granting the characteristics of adaptability with the contextual conditions and principles of criminal law. This article explores the anatomy of the crime of aggression and highlights issues that remain to be resolved

Individual Criminal Responsibility for the Financing of Entities Involved in Core Crimes: Aiding and Abetting

2021 ◽  
Vol 54 (1) ◽  
Author(s):  
Laura Ausserladscheider Jonas ◽  
Dire Tladi
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
War Crimes ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Legal Basis ◽  
International Courts ◽  
Individual Criminal Responsibility

War crimes, crimes against humanity, genocide and the crime of aggression could not be perpetrated without those who finance them. This article examines the basis for criminal liability in international criminal law (ICL) for persons who finance entities that perpetrate core crimes. Despite the need for clear rules, neither international courts nor scholars agree upon (i) whether liability exists for individuals who finance entities that perpetrate core crimes; and (ii) if so, the circumstances under which such liability exists. This article argues that an individual who finances an entity that perpetrates a core crime should be held criminally liable under customary international criminal law as an aider and abettor. The objective of this article is to clarify the rules that would enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal accountability of individuals who finance entities that perpetrate core crimes, this article also seeks to clarify the mental elements of the mode of liability of aiding and abetting.

scholarly journals THE PRINCIPLES OF THE TRANSNATIONAL CRIMINAL LAW IN THE COURSE OF INTERNATIONAL LAW

2018 ◽  
pp. 36-47
Author(s):  
V. Popko
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
International Criminal Law ◽  
Professional Status ◽  
Transnational Organized Crime ◽  
Procedural Law ◽  
Penal Law

The article highlights systematic aspects of the major principles of transnational criminal law within the framework of international law transformation. The article is dedicated to the examination of the fundamental principles of international law and international criminal law, in particular, which are viewed systematically and in complex and tight connection with the principles of domestic criminal and criminal procedural law. The necessity of legal enshrinement of its principles is noted. The content of the fundamental principles of criminal law is overviewed, in particular, nullum crimen sine lege (No crime without a previous penal law), principle of individual criminal responsibility, principle of non-reference to the official or professional status of a person, prohibition of repetition of punishment for the same crime under international criminal law, execution of judicial power only by courts, equality of persons before the law and the court, local and temporal principles of criminal law (non-application of terms of limitation, territorial principle of criminal law etc.) Special attention is paid to the content of the universal criminal jurisdiction principle concerning transnational crimes, enshrined in the 2000 UN Convention against Transnational Organized Crime. The author comes to the conclusion that the principles of transnational criminal law are coordinated as between themselves and determine the main characteristics of transnational criminal law and directions of criminal policy.

Nazi Crimes Before West German Courts

2020 ◽  
Vol 18 (1) ◽  
pp. 167-183
Author(s):  
Ida Richter
Keyword(s):  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Historical Context ◽  
International Criminal Tribunal ◽  
West Germany ◽  
International Criminal Law ◽  
Military Tribunal ◽  
Post War ◽  
Clean Break

Abstract Fritz Bauer was one of the main figures of post-war West Germany who fought to bring Nazi perpetrators to trial before German courts at a time when the prevailing general climate and mentality was one of impunity and a need to make a ‘clean break’. This article investigates whether Bauer’s ideas can be set in relation to today’s notions of international criminal justice. Looking for this connection seems an obvious and necessary endeavour, since Bauer’s work focused on prosecuting Nazi crimes, which were dealt with initially by the International Military Tribunal of Nuremberg, the first international criminal tribunal in history. However, this connection has rarely been studied. By taking the example of Bauer’s views on criminal responsibility of the staff at Auschwitz, expressed in relation to the first Frankfurt Auschwitz trial (1963-1965), this article demonstrates that his ideas stood out from common legal opinions in West Germany at the time. It also shows elements in his thinking corresponding to the concept of joint criminal enterprise in today’s international criminal law. The article will also argue that although Bauer’s far-reaching understanding of criminal liability made its way into legal practice only to a limited extent, this must be seen within the historical context of West German jurisprudence concerning Nazi crimes in the 1960s, the period in which Bauer worked.

Proportionality in Refugee Exclusion

2020 ◽  
Author(s):  
Elif Gökşen
Keyword(s):  
International Criminal ◽  
Criminal Responsibility ◽  
War Crimes ◽  
International Criminal Law ◽  
Guidance Document ◽  
Refugee Status ◽  
High Commissioner ◽  
State Practice ◽  
Proportionality Test ◽  
Individual Criminal Responsibility

Abstract In the increased discussions about international security and terrorism, the application of the exclusion clauses in Article 1 F of the 1951 Refugee Convention has become a topical and controversial issue. The United Nations High Commissioner for Refugees (UNHCR) advises states to apply a proportionality test to weigh the gravity of the crime against the consequences of exclusion for cases concerning serious non-political crimes and war crimes. However, there is no uniform approach in state practice. Also, the concept of ‘gravity of the crime’ is not clarified in any guidance document of the UNHCR. Relying on the different applications of Article 1 F of the 1951 Convention, this article questions whether the proportionality analysis is actually necessary for determining the exclusion, and how should the gravity of the crime be interpreted in such cases. First, the present article argues that the proportionality analysis is compatible with the overriding humanitarian aims of the 1951 Convention and that this analysis should be applicable to all the crimes listed in Article 1 F. Secondly, it demonstrates that the concept of ‘gravity of the crime’ should be interpreted by referring to the relevant concepts developed in international criminal law, and by considering the extent of the person’s individual criminal responsibility. This article asserts that exclusion from refugee status causes serious consequences, which sometimes might be heavier than criminal punishment. Therefore, Article 1 F should be applied with the utmost attention and sensitivity.

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

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.

Völkerstrafvollzug in Deutschland

2021 ◽  
Author(s):  
Florian Knauer
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Policy ◽  
International Criminal Law ◽  
Empirical Survey

After the substantive and procedural international criminal law, the enforcement of sentences has also received increased attention from international criminal law scholars in recent years. This study is the first to specifically examine the enforcement of sentences under international criminal law in Germany. The author combines historical, criminological, legal, and criminal policy considerations. In the criminological part of the book, an empirical survey is presented.

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