scholarly journals PROSECUTING ALLEGED ISRAELI WAR CRIMINALS IN ENGLAND AND WALES

2012 ◽  
Vol 18 (1) ◽  
pp. 95-114
Author(s):  
Daniel Machover ◽  
Kate Maynard
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
War Crimes ◽  
England And Wales ◽  
Geneva Conventions ◽  
War Criminals

The criminal justice system in England & Wales is faced with allegations made by Palestinians of Israeli war crimes contrary to the Geneva Conventions Act 1957 (and which in some cases also involve allegations of torture contrary to s134 Criminal Justice Act 1988) – how will it cope with this challenge?

Prosecuting controlling or coercive behaviour in England and Wales: Media reports of a novel offence

2019 ◽  
pp. 174889581988094
Author(s):  
Paul McGorrery ◽  
Marilyn McMahon
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Empirical Evaluation ◽  
Primary Data ◽  
Diverse Range ◽  
England And Wales ◽  
Gender And Age ◽  
Media Reports

The offence of controlling or coercive behaviour came into effect in England and Wales in December 2015, and related offences have since been enacted in Scotland and Ireland. To date, there has been almost no empirical evaluation of the operationalisation of the new English and Welsh offence. This article fills that gap by analysing media reports relating to 107 individuals convicted of controlling or coercive behaviour, providing a profile of offenders and victims (gender and age), the types of abusive behaviours offenders engaged in and how the cases progressed through the criminal justice system (manner of conviction, sentencing outcomes). Media reporting of these cases is also discussed. The results suggest that the offence is (appropriately) operationalised in a highly gendered manner, that it has captured a diverse range of behaviours that would not previously have been considered criminal, and that media reports of this form of domestic violence have not demonstrated the negativity towards victims identified in previous studies. Further research of primary data is required to confirm these findings.

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.

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