scholarly journals Crimes of Sexual Violence within International Criminal Law: A Historical Outline

2020 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Miranda Das ◽  
Sukhdev Singh
Keyword(s):  
Sexual Violence ◽  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Critical Examination ◽  
Sexual Crimes ◽  
International Criminal Tribunals ◽  
Historical Outline

This article will provide a synoptic historical outline of international criminal law (ICL) from a gender perspective. An effort is made to highlight the landmark stages in the evolution of the ICL, particularly in its treatment of rape and other sexual crimes perpetrated against women during armed conflict. For this purpose, a critical examination of Nuremberg and Tokyo tribunals, criminal tribunals for Yugoslavia and Rwanda as well as Special Court for Sierra Leone, and the International Criminal Court is attempted. Endeavour is to outline the gender and sexual crimes jurisprudence developed by the above mentioned international criminal tribunals as well as courts, and then to examine its effectiveness in prosecuting crimes of rape and sexual violence carried out against women. An analysis of what might have gone wrong within the ICL in dealing with rape and crimes of sexual nature is also attempted.

scholarly journals Nazi Crimes in Poland. A Never-Ending Search for Justice

2019 ◽  
pp. 142-160
Author(s):  
Hanna Kuczyńska
Keyword(s):  
World War Ii ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
World War ◽  
National Courts ◽  
International Criminal Tribunals ◽  
Efficient Machine

This article deals with the model for prosecuting Nazi crimes committed in Poland in the light of the model presently used in international criminal law. It tries to answer the question: should the investigation of crimes of international law be handed over to transnational tribunals? Should they be hybrid tribunals involving a national factor, or completely supra-national tribunals like the International Criminal Court? Is it legitimate to transfer jurisdiction over these matters to national courts? The case of unpunished Nazi crimes in Poland may give a partial answer to this question. Certainly, various attempts made after World War II, including procedures brought before Polish courts, have contributed to understanding the function of international criminal law, and finding the answer to the question of the best model for prosecuting crimes of international law. At present, we also have the experience of international criminal tribunals, in particular the ICC, which is an efficient machine for prosecuting crimes of international law. Interesting conclusions can be drawn from its functioning that could improve the work of Institute of National Remembrance (IPN) prosecutors, and shed new light on the considerations regarding the prosecution of Nazi crimes in Poland after World War II.

What We Talk About When We Talk About Early Release in International Criminal Law: The Sui Generis Nature of the Reduction of Sentence Under the Rome Statute

2021 ◽  
pp. 1-29
Author(s):  
Cristina Fernández-Pacheco Estrada
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
Ad Hoc ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
International Criminal Law ◽  
Early Release ◽  
International Criminal Tribunals ◽  
The Many

Abstract Early release has been regularly granted by the ad hoc tribunals for over 20 years. However, it could be argued that some issues still remain contentious. In fact, in May 2020, the Practice Direction ruling early release in the Mechanism of the International Criminal Tribunals was amended. This was intended to clarify key matters, such as the time needed to be served before early release, the possibility of imposing conditions upon those released, and the unappealable character of the resulting decision. At a glance, it could be argued that the International Criminal Court is better equipped to confront the many challenges posed by early release. This is owing to its detailed regulation, which may consequently lead to a more reasoned and solid case law. After comparatively examining ten features key to the application of early release, however, this paper argues that the ultimate problem lies within the nature generally conferred to early release in the Rome Statute.

Part II Substantive Aspects, Ch.5 International Criminal Law and the Protection of Cultural Heritage

2020 ◽  
Author(s):  
Frulli Micaela
Keyword(s):  
Cultural Heritage ◽  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Cultural Property ◽  
International Criminal Law ◽  
Strong Impact ◽  
International Criminal Tribunals ◽  
Protection Of Cultural Heritage

This chapter looks at how international criminal law has become a crucial tool to foster the protection of cultural heritage. On the normative level, the main developments consisted in the introduction of rules criminalizing acts against cultural property in binding treaties dealing with the protection of cultural property in times of armed conflict. Then, international criminal tribunals (ICTs) paved the way for implementing individual criminal responsibility. Three different and partially divergent approaches have characterized the criminalization of acts against cultural property. The first two—civilian use and cultural value—emerged in different moments and had a strong impact on the drafting of rules criminalizing acts against cultural property in times of armed conflict. The third one, the human dimension approach, developed from the jurisprudence of ICTs and characterizes both the qualification of acts against cultural property as crimes against humanity and their role in proving the mental element of genocide.

Sexual and Gender-based Violence in International Criminal Law: A Feminist Assessment of the Bemba Case

2017 ◽  
Vol 17 (1) ◽  
pp. 208-221 ◽  
Author(s):  
Marie-Alice D’Aoust
Keyword(s):  
Sexual Violence ◽  
Criminal Law ◽  
International Criminal ◽  
Democratic Republic Of Congo ◽  
Criminal Court ◽  
International Criminal Law ◽  
Gender Based Violence ◽  
Guilty Verdict ◽  
Military Commander ◽  
Gender Based

In March 2016, the International Criminal Court (icc) rendered a guilty verdict against Jean-Pierre Bemba, ex-president of the Democratic Republic of Congo, for his involvement in operations in the Central African Republic from 2002 to 2004. He was found guilty in his capacity as military commander of crimes against humanity and war crimes. The decision is the first by the icc to address sexual violence as a weapon of war and in the context of command responsibility. This article assesses the Bemba decision from a feminist perspective. Key normative developments have occurred in the substantive international criminal law surrounding sexual violence, and the guilty verdict against Jean-Pierre Bemba represents an effective implementation of international criminal law. However, in light of major feminist concerns that arise in international law on sexual violence, the encouraging developments in the judgement occur mostly at the implementation level, leaving much to be done in terms of gender conceptualization and norm-setting.

scholarly journals International Criminal Law: Over-studied and Underachieving?

2016 ◽  
Vol 29 (1) ◽  
pp. 1-12 ◽  
Author(s):  
ELIES VAN SLIEDREGT
Keyword(s):  
Cold War ◽  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Academic Discipline ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Criminal Tribunals ◽  
Depth Study ◽  
The Cold War

In his recent review of Neil Boister's book, An Introduction to Transnational Criminal Law, Robert Currie praises the author for shedding light on a field of law that has suffered from inattention. Transnational criminal law (TCL), the ‘other’ branch of what was traditionally called international criminal law, has been overshadowed by international criminal law ‘proper’ (ICL). The establishment of international criminal tribunals after the end of the Cold War, culminating in the establishment of the ‘flagship’ court, the International Criminal Court (ICC), came with a spectacular rise of ICL as a separate legal discipline. As a result, ICL stole the limelight at the expense of TCL. Currie deplores this since TCL presents features and issues that are worthy and in pressing need of in-depth study. Also, in his view the attention to ICL is unjustified: ICL ‘as an academic and legal inquiry or study has become distended by over-study’. While he supports the mission of international criminal justice in general, Currie points out that ICL as an academic discipline is saturated; each article, paragraph and subparagraph of the ICC Statute has been pulled apart and dissected.

scholarly journals GENDER: INTEGRATING CRIMES AGAINST WOMEN INTO INTERNATIONAL CRIMINAL LAW

2018 ◽  
Vol 5 (1) ◽  
pp. 104
Author(s):  
Mohammad Irfan
Keyword(s):  
Sexual Violence ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
Gender Violence ◽  
International Criminal Law ◽  
International Criminal Tribunals ◽  
Non Governmental Organizations ◽  
Significant Measure ◽  
Crimes Against Women

The author identifies the major goals and achievements in the area of recognizing women as full subjects of human rights and eliminating impunity for gender crimes, highlighting the role of non-governmental organizations ("NGO's"). Until the 1990s sexual violence in war was largely invisible, a point illustrated by examples of the "comfort women" in Japan during the 1930s and 1940s and the initial failure to prosecute rape and sexual violence in the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda. Due in a significant measure to the interventions by NGOs, the ad hoc international criminal tribunals have brought gender into mainstream international jurisprudence. For example, the Yugoslavia tribunal has devoted substantial resources to the prosecution of rape and explicitly recognized rape as torture, while the Rwanda tribunal has recognized rape as an act of genocide. Elsewhere, the Statute of the International Criminal Court is a landmark in codifying not only crimes of sexual and gender violence as part of the ICC's jurisdiction, but also in establishing procedures to ensure that these crimes and their victims are properly treated. Working towards this end the Women's Caucus for Gender Justice met with significant opposition. It persisted because of the imperative that sexual violence be seen as part of already recognized forms of violence, such as torture and genocide.

24. International Criminal Law

2018 ◽  
Author(s):  
Robert Cryer
Keyword(s):  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Truth And Reconciliation ◽  
International Crimes ◽  
International Criminal Tribunals ◽  
Truth And Reconciliation Commissions

This chapter examines the material and mental aspects of four offences that are directly criminalized by international law: genocide, crimes against humanity, war crimes, and aggression. The discussions also cover some of the general principles of liability and defences that are of particular relevance to international crimes. Firstly, joint criminal enterprise, co-perpetration, command responsibility, and the defence of obedience to superior orders are considered. The chapter then looks at international and national prosecution of international crimes, including the Nuremberg and Tokyo Trials, the International Criminal Tribunals for former Yugoslavia and Rwanda, and the International Criminal Court. As prosecution is not the only, or predominant, response to international crimes, the chapter concludes with a discussion of alternatives and complements to prosecution, such as amnesties, and truth and reconciliation commissions.

Hybrid Courts and Amicus Curiae Briefing

2020 ◽  
pp. 351-365
Author(s):  
Sarah Williams
Keyword(s):  
Sexual Violence ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Amicus Curiae ◽  
Gender Based Violence ◽  
International Criminal Tribunals ◽  
Gender Based ◽  
And Gender

This chapter studies the amicus curiae brief drafted for the Extraordinary African Chambers (EAC) regarding sexual violence in order to theorize the appropriate role of such briefing in enabling silenced voices to participate in international criminal tribunals. The term amicus curiae means literally ‘friend of the court’ in Latin. The concept enables actors who are not a party to proceedings (third parties) to provide information that is relevant, but which may not otherwise be brought before the court. Submissions by amicus curiae have influenced the process and judicial outcomes of international and hybrid criminal tribunals, including the International Criminal Court (ICC). This was evident at the EAC. Several international criminal law practitioners and academics submitted an amicus brief to the Chambers highlighting the need to include crimes of sexual and gender-based violence in the charges to be considered by the Chambers (the SGBV brief). The chapter then explores how civil society actors have used amicus curiae briefs to highlight the experiences and needs of women and girls affected by conflict and failures by tribunals to investigate and prosecute sexual violence in other international criminal tribunals.

Sexual Violence and the Relevance of the Doctrine of Superior Responsibility in the Light of the Katanga Judgment at the International Criminal Court

2015 ◽  
Vol 84 (4) ◽  
pp. 533-579 ◽  
Author(s):  
Linnea Kortfält
Keyword(s):  
Sexual Violence ◽  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Criminal Courts ◽  
Potential Benefits ◽  
Superior Responsibility

In this article, I set out to investigate the interplay between sexual violence and various linking theories in international criminal law. I will demonstrate some of the possibilities and shortcomings of various modes of liability available to the International Criminal Court with regard to cases involving sexual violence. In so doing it is necessary to thoroughly explain and discuss the potential reasoning of the Court in these matters. Since the case against Germain Katanga presents a perfect illustration of the distinction in application and analysis of the modes of liability with regard to sexual violence as opposed to other crimes, the reasoning provided in said judgment will be used as a springboard for such an analysis. Therefore the background to the case against Katanga will firstly be presented and the modes of liability as used in this particular case will subsequently be scrutinised. Considering the fact that Katanga was acquitted of sexual violence, this investigation will mostly demonstrate the deficiencies of these modes of liability and in the vacuum left after such an analysis, I will show the potential benefits of utilising the doctrine of superior responsibility in cases involving sexual violence. In my opinion, though fraught with complexities, this doctrine presents the perfect avenue to prosecute the higher echelons of organisations, i.e., the persons that international criminal courts and tribunals are intent on convicting, for sexual violence in particular. Thus, the aim of this article is to highlight the potential benefits of utilising broad charging strategies and more particularly, the importance of including the doctrine of superior responsibility, in sexual violence cases.

scholarly journals How Politics Shapes the Contributions of Justice: Lessons from the ICTY and the ICTR

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 234-239
Author(s):  
Kenneth A. Rodman
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Political Agenda ◽  
Potential Contribution ◽  
International Criminal Tribunals ◽  
Peace Processes ◽  
Legal Obligations ◽  
The Impact

The International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) established a number of precedents in international criminal law, as detailed by Darryl Robinson and Gillian MacNeil.1 They also set the template for the International Criminal Court (ICC) and other tribunals as to how politics can both empower and constrain international prosecution and determine its potential contribution to peace.The lesson of the ICTY is that international criminal law can assist peace processes in an ongoing way if powerful states and international institutions complement it with coercive political strategies to weaken regimes or militias led by criminal spoilers to the point where their cooperation is not needed tonegotiate and maintain a peace settlement.The lesson of the ICTR is that the impact of international criminal law on consolidating peace is dependent upon the political agenda of the state on whose territory the crimes oc-curred and whose cooperation is needed for effective prosecution.Therefore, the contribution of prosecution to peace depends on whether the law is embedded in national and international political com-mitments that go beyond compliance with formal legal obligations and over which a tribunal has limited influence.

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