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This article offers constructive suggestions for refining the text of the draft conclusions on general principles of law adopted by the International Law Commission (ILC) on first reading in 2023. It focuses on three issues: lex specialis, the method and materials for identifying general principles of law, and the functions of general principles of law. The article highlights the nuances and disparities between lex specialis and general international law, emphasizing the need for a more comprehensive treatment. It also suggests recognizing variations in different subfields of international law and expanding the materials used to identify general principles of law. Additionally, the article proposes clarifying the function of general principles of law, particularly in relation to their applicability in international courts and tribunals, and expanding the definition of procedural rules beyond judicial bodies to include other international organizations and quasi-judicial entities. [Extracted from the article]

The International Criminal Court usually must rely on the States Parties to the Rome Statute to arrest and surrender suspects. Since the Court can assume jurisdiction over Non-State Parties' officials, a dilemma thus arises of their immunity when this occurs as it did in the recent arrest warrant for Putin. This article primarily examines one of the avenues explored by the Court to remove immunity, specifically the Customary International Law Avenue. First, under this Avenue, the Court removes "vertical immunity" by arguing that either (1) international courts gradually constitute exceptions to traditional customary immunity rules, or (2) traditional customary immunity rules are never applicable in international courts. However, this article contends that both approaches are difficult to justify. The former fails as relevant evidence does not meet the threshold of constituting exceptions to existing customary rules. The latter is similarly untenable as it does not provide a convincing definition of what is known as "international courts" which could legitimately justify the different application of immunity rules in these and in domestic courts. Second, this Avenue proceeds to remove "horizontal immunity" by recharacterizing States Parties as surrogates of international criminal jurisdiction rather than exercising domestic criminal jurisdiction which renders "horizontal immunity" irrelevant. This article argues instead that there is a difference between States Parties assuming an international obligations and implementing them domestically. Additionally, the Rome Statute grants considerable deference to States Parties for arrest and surrender within their own territory which makes it inappropriate to regard these as mere "jurisdictional surrogates" of international criminal jurisdiction. If the Customary International Law Avenue is ultimately adopted, it would have a profound impact on the practice of the International Criminal Court and beyond. [ABSTRACT FROM AUTHOR]

The recent Order granting provisional measures in the case of South Africa v. Israel at the International Court of Justice (ICJ) has sparked a debate about the binding nature of the order and its implications for donor states. Some argue that the order creates obligations for donor states to continue funding the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), while others disagree. The author of this letter takes a skeptical stance and argues that the order does not impose any obligation on donor states. They emphasize that provisional measures are binding only on the parties involved in the case and that the ICJ's findings at this stage do not have persuasive authority in future decisions. The author concludes that donor states may have other obligations under international law, but the South Africa v. Israel order does not create a duty to continue funding UNRWA. [Extracted from the article]

On 1 November 2021, the Appeals Chamber of the ICC upheld the notion that, depending on the type of case over which the court exercises jurisdiction, it must use two different bodies of substantive law to evaluate whether certain conduct is criminal and, hence, whether the court has the power to prosecute and convict individuals for such conduct. This contribution argues that this bifurcation in the substantive law applicable at the ICC leads to disconcerting results, no sound normative principle supports it, and it does not correspond to the design of the creators of the court. [ABSTRACT FROM AUTHOR]

During the 2022 Russia-Ukraine war, a joint investigation team (JIT) with members of seven States and a participant from the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) was set up on alleged core international crimes committed in Ukraine. It is an unprecedented development that the OTP joins a JIT with national authorities under the auspices of the European Union Agency for Criminal Justice Cooperation (Eurojust). This essay analyses how the OTP's participation in the JIT in Ukraine may affect the proactive complementarity of the ICC. It identifies the benefits of a JIT tool and the potential consequences of the OTP's engagement in a JIT for its independence and impartiality. It argues that despite concerns and challenges, the OTP's participation in a JIT offers a novel modality of implementing the policy of proactive complementarity through two-track cooperation and assistance. [ABSTRACT FROM AUTHOR]

This study seeks to show that the Appeals Chamber of the ICC responsible for the ruling on the case of the armed conflict in Afghanistan has made an inchoate historic judgment. The analysis focuses on two main points: First, the reasoning made by the Prosecutor that the Pre-Trial Chamber abused its discretion in assessing the "interests of justice"; and second, the assessment of the scope of the procedural act. Finally, the unprecedented ruling of the ICC can consolidate the progressive positivism which now seems to be spreading across many areas of international law. [ABSTRACT FROM AUTHOR]

In the recent case on non-cooperation of Jordan in the Al-Bashir case, the Appeals Chamber of the International Criminal Court for the first time invited on its initiative amicus curiae submissions by legal scholars. This comment focuses on the role of legal scholars as amici curiae. It argues that based on Martti Koskenniemi's method on the structure of legal argumentation and analysis of the argumentation structure of several submissions by legal scholars in the Al-Bashir case, the role of legal scholars as amici curiae would better be viewed as grammarians capable of shaping the formulation of arguments of the Court. This view stands contrary to the traditional understanding that the amicus curiae participation can improve the court's legitimacy by providing a neutral and definite answer to the legal dispute. [ABSTRACT FROM AUTHOR]

The International Criminal Court relies on its State Parties to incorporate, or implement, its constituent instrument, the Rome Statute, into their domestic legal systems to enable its effective functioning. First, State Parties are obliged to give effect to their explicit obligation to cooperate with the Court under the Rome Statute. Second, although not required to do so, to avoid their national legal systems being found by the Court to be unable to investigate and/or prosecute the crimes under its jurisdiction in accordance with the principle of complementarity, they should also implement the definition and prohibition of these offences in their national legal frameworks. This article appraises the status of the domestic implementation of the Rome Statute, both crimes and cooperation, in Asia. The article concludes that few Asian State Parties to the Rome Statute have incorporated the treaty's provisions into their domestic laws in a holistic manner, with the absence of cooperation legislation, enabling State Parties to assist the Court, particularly striking. [ABSTRACT FROM AUTHOR]

In the last century, French and English became entrenched as the two working languages of international law. Since that time, we have witnessed the rapid development and integration of Asian nations into international systems and the adoption of English as the sole universal language in other fields. This article carries out a cost-benefit analysis concerning the continued use of French in international law, in particular at the tribunals of international criminal law. The aim of this article is to assess whether the current bilingual system is fit for purpose in the 21st century. The mode of analysis is data, first showing the global use of languages today, and then regarding the make-up and workings of international courts, in particular the International Criminal Court. From this data, the author concludes that French is unfit for purpose as a common working language due to the bias that its use creates against Asian and Latin American nations. The author concludes that the only satisfactory solution is the abandonment of French in favour of a system that uses English as the sole common working language. [ABSTRACT FROM AUTHOR]

This article investigates whether it is possible and recommendable that corporate criminal responsibility should be introduced for international crimes and that the International Criminal Court should therefore have jurisdiction over legal entities. This article adopts the French proposal on corporate criminal liability, presented during the drafting process of the Rome Statute, as preliminary normative framework, and links this framework with case law of both domestic and international criminal courts in which individual business leaders stood trial on charges of complicity in international crimes. The recurrent question is whether it would have been fair and feasible in those situations to hold the legal entity which these corporate agents were representing criminally responsible as well. The analysis reveals that the answer to this question would undoubtedly have been affirmative. The author argues that the cases which have been investigated represent particularly strong instances of corporate involvement in international crimes. The knowledge and contributions of corporate agents which are required to incur criminal responsibility for complicity in international crimes correspond and correlate with their position of power and control within the corporation, which is necessary to implicate the legal entity. [ABSTRACT FROM PUBLISHER]

This note sets out the main content of the Korean ICC Act. The Republic of Korea enacted and promulgated its implementing legislation of the Rome Statute on 21 December 2007 as Law No. 8719. The main constitutional issues were the question of whether it was at all necessary to enact a piece of implementing legislation and the immunity of the Korean President under Article 84 of the Korean Constitution. The Korean ICC Act incorporates the crime of genocide, crimes against humanity, war crimes, as well as the offences against the administration of justice under the Rome Statute into Korean law. The Act also deals with surrender and legal assistance in criminal matters, but does not contain a provision on the enforcement of sentences. [ABSTRACT FROM PUBLISHER]

This report briefly describes the Forty-eighth Annual Session of the Asian-African Legal Consultative Organization and analyses its decisions on substantive matters including matters relating to the International Law Commission, Palestine, the International Criminal Court, the global financial crisis, the World Trade Organization, transnational migration and the Law of the Sea. [ABSTRACT FROM PUBLISHER]

The Iraqi High Tribunal's (IHT) trial-and appeal judgments in Al-Dujail against Saddam Hussein et al. contain surprisingly detailed findings in international criminal law dogmatic, particularly regarding the elements of crimes against humanity. Since the statutory legal basis of crimes against humanity on which A!-Dujail is grounded is close to identical to its ICC counterpart set forth in Article 7 of the ICC Statute, the interpretations brought forward by the IHT might be of high relevance for future interpretation of Article 7 of the ICC Statute. This article discusses possibilities and limits thereof. Particular focus has been set on the problems of what shall be meant by "multiple" commissions of acts set forth in the legal definition of "attack", and what level of mens rea shall be required for "murder" as a crime against humanity. [ABSTRACT FROM AUTHOR]

The year 2006 proved to be another productive year for the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. This article examines the eight judgements rendered by the Tribunal in 2006 and highlights the principal developments in international humanitarian and criminal law at the Tribunal. [ABSTRACT FROM AUTHOR]

The Trial Chamber of the International Criminal Tribunal for Rwanda, through its judgment in Jean Mpambara case, outlined the significance of culpable omissions, outlining three broad offences under which it could be used as evidence. While it is clear that an omission may be considered as evidence of aiding and abetting or joint criminal enterprise, it is still not clear whether omission of failure of duty to prevent or punish will be considered as part of Article 6(1) of the statute as done by the other trial chambers, or will it be considered as a different species of crime as concluded by the trial chamber in this case? [ABSTRACT FROM AUTHOR]

Picking up where the transnational law movement left off, this article seeks to further bring down the conceptual walls which doctrine has established at the nexus between the national and international domains. This article examines received wisdom on the status as a subject of public international law and argues for such status and attendant immunity for non-governmental organizations when performing de jure imperii tasks on the international arena. Furthermore, it demonstrates how public international law disputes between States may be resolved in the domestic Courts of the defendant State. Finally, the article shows how the Statute of the International Criminal Court straddles the domestic and international domains by creating norms ultimately enforceable towards individuals regardless of whether the norms were incorporated or transformed domestically. It expresses the hope that the Statute will be followed by many brethren! [ABSTRACT FROM AUTHOR]

The Rome Statute of the International Criminal Court (the Rome Statute or the Statute) entered into force on 1 July 2002, with the satisfaction of Article 126 of the Statute. Up until 24 September 2004, 139 States have signed the Statute and 97 States have become the Parties. Under such circumstances, China, as one of the permanent members of the Security Council of the United Nations and a non-party State playing a great role in international affairs, needs to acquire a better understanding and also makes a detailed study on the Statute. One of the most unique characters of the International Criminal Court (the ICC or the Court)--as reflected in the principle of complentarity--will be discussed and analysed in the following essay. [ABSTRACT FROM AUTHOR]

Presents proceedings of the Beijing Symposium on Comparative Study of International Criminal Law and the Rome Statute in Beijing, China from October 15 to 17, 2004. Purpose of the symposium; Details of the symposium's opening ceremony; Establishment of the International Criminal Court (ICC); Views of Chinese legal experts Zhu Wenqi and ang Lijun on the ICC; Description of the national experiences in the ratification and implementation of the Rome Statute.

Focuses on the developments and improvements in the management and activities of the International Criminal Tribunal for Rwanda (ICTR) in 2003. Trials handled by the Tribunal; Appeal cases pending before the Tribunal's Appeals Chamber; Organizational changes to the composition of ad litem judges and prosecutors; States that agreed to accept persons convicted by the ICTR.

Provides an overview of the work of the International Criminal Tribunal for the Former Yugoslavia in 2003. Ruling of the Tribunal's Appeals Chamber regarding crimes against humanity and war crimes of convicted Zdravko Mucic, Hazim Delic and Esad Landzo; Other cases pending before the Tribunal; Strategy used by the Tribunal in completing various trials.

Offers a look at the implementation of public international law in China in 2002. Comments of the Chinese government on a report issued by the International Law Commission regarding diplomatic protection; Relationship between China and the International Criminal Court; Role of China in international peace and security.

Analyzes the provisions of the Rome Statute of the International Criminal Court, ratified on July 1, 2002. Jurisdiction of international criminal court (ICC); Complementarity principle of the statute; Crimes covered within the ICC jurisdiction.

Explores the performance of the International Criminal Tribunal for Rwanda in 2002. Overview of the cases tried at the tribunal; Decision of the trial chambers on the cases filed at the tribunal; Amendments to the rule of procedures and evidence during the 12th plenary session of the tribunal.

Focuses on the work of the International Criminal Tribunal for the Former Yugoslavia in 2002. Significance of the trial of former Yugoslavian President Slobodan Milosevic; Key elements of judgments handed down; Definition of the crime of extermination.

Deals with the questions involved in the debate over the refusal of the International Committee of the Red Cross (ICRC) to testify before international criminal courts. Role of the ICRC as outlined in the Statutes and Rules of the International Red Cross and Red Crescent Movement; Variation on the rules governing the obligation to testify; Possibility of relieving a witness of the duty to testify through a privilege or confidentiality recognized by the court; Special status of the ICRC as a promoter and guardian of international humanitarian law.