Search

Any individual or organisation can make an ‘Article 15 communication’ to the Prosecutor of the International Criminal Court (ICC), providing him or her with information about alleged international crimes. Increasingly, individuals and organisations are publicising their communications through the media and on social media. While this may enable the authors of communications to attract attention and advocate extralegally for political and social change, the strategic use of communications poses challenges for the ICC. This article uses the social media discussion on X, following a communication by Australian Senator Jacqui Lambie concerning the potential responsibility of Australian Defence Force commanders for war crimes in Afghanistan, as a case study to explore the strategic benefits and potential risks of Article 15 communications. The discussion following Lambie’s communication suggests that a communication can be used to engage the public. However, while there was no strong evidence that users held inflated expectations regarding the likely outcome of a communication, the article’s findings suggest three scenarios where people might develop a negative opinion towards the ICC if the Prosecutor declines to take further action. Improving the public’s understanding of the ICC might help protect the Court against potential reputational damage from communications. [ABSTRACT FROM AUTHOR]

The Prosecutor of the International Criminal Court (ICC) is currently investigating allegations of crimes against humanity for deportation or forcible transfer of the ethnic Rohingya population from Myanmar. For this crime to be established, the Prosecution must prove that the victim Rohingya population were ‘lawfully present’ on the territory they were removed from. Given the state’s strong position that the Rohingya are ‘illegal Bengali immigrants’, it may be argued that the Rohingya population were not lawfully present in Myanmar’s territory under Myanmar’s domestic law. Drawing from both legal and socio-legal perspectives, this article critically examines Myanmar’s domestic laws, highlighting the problematic aspects of relying upon them for establishing the Rohingya’s unlawful presence. First, Myanmar’s domestic laws are inconsistent with the applicable rules of international law as they strip the Rohingya of their nationality. Second, the term ‘lawful presence’ should be read in its common meaning, which concerns many factors, rather than a sole focus on residency or citizenship status. Third, Myanmar’s domestic laws are based on a discriminatory rhetoric to remove the Rohingya from Myanmar’s territory. Asserting the Rohingya’s unlawful presence affirms the longstanding narrative that the Rohingya are ‘illegal Bengali immigrants’. [ABSTRACT FROM AUTHOR]

Almost a quarter-century into its existence, the International Criminal Court is in uncharted territory. In the past two years, it has issued warrants for Russia's president and the leaders of a close American ally, Israel. How did the ICC get to this point? Can the court's experience prepare it for what happens next? And what future does it have in a world that is as chaotic, divided, and dangerous as ever? This article seeks to answer these questions by offering an overview of the court's tumultuous history, from the controversy over its early focus on cases in Africa to its often contentious relations with the United States. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Derecho Penal y Criminologia is the property of Universidad Externado de Colombia, Departamento de Derecho Penal y Criminologia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The International Criminal Court symbolizes the realization of a long-held human aspiration which was aimed at preventing the recurrence of the atrocities of the world wars through the prosecution and punishment of perpetrators of severe international crimes. One of the fundamental and enduring principles of international law—the requirement of the expressed will of the state in its commitment to an international obligation—has limited the global applicability of the Rome Statute. To partially address this issue, the question of prosecuting crimes committed by nationals of non-member states on the territory of member states has been raised. From the outset, the opposition of some states to the prosecution of nationals of non-member states has posed challenges to the effectiveness and functioning of the ICC. With Palestine's membership in the court and its complaint against Israeli officials, this challenge has intensified. This paper examines the legal status of Palestine's membership in the court and the possibility of prosecuting Israeli officials. It also evaluates the latest status of the case brought before the ICC and examines the potential counteractions of Israel and the intervention of the Security Council. Ultimately, the findings of the paper indicate that the court's jurisdiction over Israeli nationals is more consistent with the principles and objectives of the court's establishment, which are the enforcement of justice and the fight against impunity, and that the court has no prohibition against commencing proceedings in the said case. [ABSTRACT FROM AUTHOR]

Pre-trial investigation of war crimes is one of the most important stages in ensuring justice and compliance with international human rights standards. In Ukraine, this area has acquired particular importance due to prolonged hostilities and numerous violations of international humanitarian law. War crimes committed during the war have a significant impact on the lives of civilians, destroy social order and create challenges for the legal system of the state. The article examines in detail the main standards of pre-trial investigation of war crimes, which ensure objectivity, independence, transparency and efficiency of the process. Particular emphasis is placed on the importance of respecting the rights of all participants in the process - victims, witnesses, suspects and accused - in accordance with Ukraine's international obligations. Special attention is paid to the risks that arise for the personal life and health of participants in the pre-trial investigation, in particular investigators, prosecutors, experts and witnesses. Physical threats, such as direct acts of violence or intimidation, are a serious challenge to the effectiveness of law enforcement agencies. Psychological stress associated with working with traumatic materials and public pressure can lead to professional burnout. Information attacks and cyber threats aimed at discrediting participants in the process or violating the integrity of evidence pose an additional danger. The need to implement specialized protection programs is noted, including physical protection, ensuring data confidentiality, legal support and psychological assistance. An analysis of the current practice of investigating war crimes in Ukraine demonstrates both achievements and gaps. Ukrainian law enforcement agencies actively cooperate with international partners, such as the International Criminal Court, which allows borrowing best practices and improving procedures. However, the lack of a clear regulatory framework and insufficient technical equipment of investigative bodies complicate the process. In particular, mechanisms for collecting, preserving and verifying evidence, as well as the integration of modern technologies for their processing, require improvement. Based on the analysis, recommendations are proposed to improve the efficiency of pre-tri al investigations of war crimes. [ABSTRACT FROM AUTHOR]

This scientific article is devoted to the study of international legal mechanisms for ensuring human rights at the international level. In the course of the presentation of the main material, it is noted that human rights must be protected equally regardless of whether they are violated in peacetime or armed conflict. The relevance of the proposed topic is due to the need to consider international means of protecting the rights and freedoms of man and citizen, to find mechanisms for holding the aggressor state accountable. It is emphasized that during its existence, humanity has repeatedly encountered bloody military conflicts that took the lives of millions of people and inevitably entailed violations of international humanitarian law and international human rights law. It is indicated that the end of World War II marked the beginning of cooperation and a certain unity of states in understanding the value of human rights and their protection. The expansion of such international legal cooperation resulted in the emergence of international organizations and mechanisms for protecting human rights. It is noted that as soon as the primacy of human rights values was formulated in the UN Charter, this international organization became the basis for observing human rights at the international level. It is determined that despite a significant number of international treaties, in today's realities, these norms do not protect the rights of civilians and military personnel during war. Attention is focused on three instances that, in response to the appeal of qualified international lawyers, are able to fairly respond to violations of the rights and interests of our state and its citizens: the European Court of Human Rights, the International Court of Justice, the International Criminal Court. It is noted that collecting evidence, investigating and considering cases in all international judicial instances is a very laborious and lengthy process, but this is the only way to punish the criminal country for what has been done. Our state has a clearly developed strategy and mechanisms for protecting its rights and interests in the international arena. It is summarized that today there is a need to unite the forces and means of all institutions of power and society to ensure unconditional compliance with the rule of law and counteract arbitrary violations of human rights and freedoms. [ABSTRACT FROM AUTHOR]

It is indicated that russia's aggression against Ukraine, which began in 2014 with the annexation of Crimea by the russian federation, has since intensified significantly, especially after the large-scale invasion of russia in February 2022. This armed aggression of the russian federation against Ukraine led to a serious humanitarian crisis, serious violations of international humanitarian law (IHL), international criminal law (ICC) and international human rights law (IHRC). The article explores the international legal responses to russia's ongoing aggression against Ukraine, beginning with the annexation of Crimea in 2014 and intensifying with the full-scale invasion in February 2022. This war has led to severe humanitarian crises and widespread violations of international humanitarian law, international criminal law, and international human rights law. The paper focuses on war crimes, including targeting civilians, the use of prohibited weapons, and the unlawful deportation of children to russia. This article addresses the scientific literature on the war crimes committed by russia against Ukraine and IHL implementation, noting the lack of research on forensic methodologies for war crime investigations in Ukraine. While Ukrainian scholars emphasize integrating international law into national legislation, foreign experts provide more detailed forensic approaches. The study evaluates the actions of international bodies like the International Criminal Court (ICC) and the United Nations, alongside efforts by the European Union and others, to ensure accountability and reparations, with particular focus on the various mechanisms established to address war crimes, human rights abuses, and the path toward reparations and justice for Ukraine. Special attention is given to international initiatives, such as the Atrocity Crime Advisor Group (ACA) and the International Centre for the Prosecution of the Crime of Aggression (ICPA), which are crucial in enhancing Ukraine's ability to prosecute atrocity crimes. The article underscores the need for coordinated international legal and financial support to achieve justice for the victims and rebuild Ukraine. [ABSTRACT FROM AUTHOR]

The question is considered, which aims to establish the main types of armed conflict and to determine the types of armed conflicts in international law, as well as when this or that act of the state will be considered aggression, armed attack or armed conflict, or not. It is indicated that the analysis of modem international relations shows that humanity has not yet managed to get rid of wars and other armed conflicts, which are mostly armed conflicts of a non- intemational nature. This is evidenced by the events in the former Yugoslavia, Rwanda, Afghanistan, Iraq, Liberia, and the Caucasus, and since 2014, Ukraine has not been an exception, the international armed conflict on whose territory has grown from February 24, 2022 into a full-scale war waged by the Russian Federation on the scale of which Europe has not knew since the Second World War. It is noted that modem international relations are characterized by a change in the nature of the conflict, the emergence of a number of new categories and situations, an increase in the number of victims among the civilian population, and an increasing internationalization of armed conflicts of a non-intemational nature. In this regard, the question of the qualification of various types of armed conflicts is extremely relevant, especially in the context of the ongoing full-scale war waged by Russia against Ukraine. The author pays special attention to the provisions of the statute of the International Criminal Court and the statute of the International Criminal Tribunal for the former Yugoslavia, which essentially form the modem doctrine of criminal responsibility for war crimes and the crime of genocide. The article highlights the provisions and the author's assessment regarding the prerequisites for proper qualification, because the prerequisite for proper qualification is a deep study and understanding by a person who applies the mles of law, the principles of international humanitarian law, international state policy, international judicial and investigative practice; correct clarification and interpretation of the content of the international agreement, determination of the limits of the selected norm in time, space and by the number of persons, as well as establishing all its features; collection and analysis of evidence in the case, full and comprehensive establishment of the actual signs of the armed conflict; application of qualification mles developed by theory and practice, with a justified combination of the signs of an armed conflict established by international law with the signs of a committed act. An important place in the work is covered by the theoretical analysis of the term qualification. [ABSTRACT FROM AUTHOR]

The article discusses the concept of reparations as balance, analyzing various justifications for reparations, including justice, morality/recognition, and reconciliation/relational justifications. The author argues that reparations should be seen as a negotiated process involving victims and responsible actors finding common ground to redress the past and prevent its recurrence. The article emphasizes the importance of victim agency, ownership by responsible actors, and assessing the balance in determining appropriate reparations. The author suggests that a balance approach to reparations is necessary to address the complexities of redressing past violations and finding common ground between conflicting parties. [Extracted from the article]

The article explores the strong ties of solidarity between Chile and Palestine, focusing on the significant Palestinian diaspora in Chile and their support for the Palestinian struggle. It highlights the historical connection between the two communities, the challenges faced by Palestinian immigrants in Chile, and the ongoing solidarity efforts, including pro-Palestine marches and political actions. The article also discusses the complex political landscape in Chile, the impact of the post-dictatorship era, and the role of memory in shaping responses to injustice and political change. [Extracted from the article]

The crime of genocide by "imposing measures intended to prevent births within the group" has been recognized in international law since 1948, but is yet to be charged in any international court. An examination of this act of genocide is therefore long overdue. To that end, this article provides a detailed legal analysis of the crime and considers the implications for ongoing proceedings concerning Myanmar's treatment of the Rohingya in the International Court of Justice, Argentine court system, and International Criminal Court. I conclude that genocide by "imposing measures intended to prevent births" is a wide-ranging crime that can encompass sexual mutilation, forced sterilization, forced abortion, forced miscarriage, forced contraception, discriminatory laws and policies, forced impregnation, separation of males and females, sexual violence, forced religious conversions, and certain killings. This legal analysis sheds light on aspects of the Myanmar situation that might otherwise go overlooked, and could assist in future genocide proceedings in international and national courts. [ABSTRACT FROM AUTHOR]

Copyright of Antalya Bilim University Law Review is the property of Antalya International University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The recent announcement by International Criminal Court ('ICC') Chief Prosecutor Karim Khan of an intention to try environmental crimes comes as a reminder of the ideas to introduce a crime of 'ecocide' within the ICC's jurisdiction. The article focuses on the proposed fault standard or mens rea for the crime of ecocide. At the outset, the article outlines a deviation between the standard proposed by the Independent Expert Panel ('IEP') and the standard already set out in the Court's founding document, the Rome Statute. Indeed, the Rome Statute has designed its mens rea around stringent standards, perhaps informed by the desire to confine the Statute's architecture—and thus the ICC's jurisdiction—to the most serious crimes. The IEP suggests a mens rea for ecocide which is markedly lower than that of the Rome Statute, such that it is onerous enough to ensure that those who have committed ecocide can be held responsible. So does this deviation hinder ecocide from being introduced at the ICC? And, more importantly, can the adoption and application of ecocide be justified with a mental element that is different from the framework as we know it today? [ABSTRACT FROM AUTHOR]

The scientific article is dedicated to the study of international and foreign practices of compensation for war crimes. The article analyzes legal mechanisms and tools used for compensating victims of war crimes in various countries of Europe and the world. The main focus is on the practice of international courts, such as the International Criminal Court (ICC), as well as national judicial institutions that handle war crime cases. Specific cases and decisions that have influenced the development of law enforcement practices in this area are examined. One of the key aspects of the work is the analysis of international treaties and conventions that regulate compensation issues, including the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, as well as the Rome Statute of the ICC. Various compensation models are considered, including monetary compensation, rehabilitation, and other forms of reparation. The article also explores the role of non-governmental organizations and international funds in the process of compensating war crime victims. The effectiveness of different approaches and mechanisms used to ensure justice and restore the rights of victims is ana lyzed. The work pays attention to the problems and challenges faced by law enforcement agencies when handling war crime cases, as well as the prospects for improving the international legal mechanism for protecting the rights of victims. The research is based on the analysis of specific cases, court decisions, and legal acts, allowing conclusions to be drawn about the current state and possible ways of developing the compensation system for war crimes. Thus, the article contributes to the scientific discussion on improving the mechanisms of legal protection for victims of war crimes and ensuring justice in in ternational law. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the issue of using open-source evidence in criminal proceedings. Attention is drawn to the lack of a universally recognized definition of the term "open-source information", a list of fundamental features of this type of information is provided, among which are: 1) accessibility of the information to the general public; 2) the author of the information may not be determined; 3) access to information can be provided both on a paid and free basis. The lack of an adequate volume of legislation aimed at regulating the procedure for usage of open -source evidence is emphasized. A study of the Berkeley Protocol, which was created jointly by the University of California, Berkeley School of Law and representatives of the United Nations, was carried out. In particular, the following is outlined: a list of the principles enshrined in the Berkeley Protocol, divided into professional, methodological and ethical, their content; the investigation process put forward in the Berkeley Protocol, that consists of the following stages: 1) online inquiries; 2) preliminary assessment; 3) collection of information; 4) preservation of information; 5) verification of information; 6) investigative analysis. Problems that may arise in the process of using open-source evidence are emphasized. The requirements of propriety, admissibility and reliability of open-source evidence are studied. The state of legal regulation of the issue of the usage of open-source evidence in national legislation is considered. The specific features of electronic (digital) evidence are singled out, which distinguish them from other types of evidence and determine the need to separate them in the criminal procedural legislation as a different type of evidence. The practice of national and international judicial institutions related to the use of open-source evidence is considered. The special role of this type of evidence for establishing the corpus delicti or circumstances of crimes against the foundations of national security, especially since the beginning of full-scale Russian aggression against Ukraine, is emphasized. [ABSTRACT FROM AUTHOR]

The article highlights the problem of gender-based sexual violence during the international armed conflict on the territory of Ukraine. Based on the analysis of international documents, customary international law, and scientific sources, it is shown that sexual violence and gender-based violence are distinct concepts. However, in the context of Ukrainian judicial practice under Article 438 "Violation of the Laws and Customs of War" of the Criminal Code of Ukraine, gender-based violence is exclusively sexual in nature and is expressed mainly in the form of gender-based rape. The doctrinal approach is supported, according to which the signs of sexual and gender-based violence are: 1) an act (an actual act), 2) coercion (an act committed against the person's will), 3) a cause (determined by gender), 4) consequences (causing one or more types of harm or suffering to a person). The author identifies the signs of rape related to armed conflict arising from the Rome Statute of the International Criminal Court, the Elements of Crimes of the International Criminal Court, and customary international law. The actus reus of rape is that the perpetrator has assaulted the body of a person by committing an act that resulted in penetration, even minor, of any part of the victim's or perpetrator's body with a sexual organ, or penetration of the victim's anus or vagina with any object or any part of the body; the fact that rape is a component of war crimes is determined by the presence of a specific situation (coercion by military personnel). The mens rea of rape is the need to establish the perpetrator's awareness of the encroachment on the human body by committing an act that resulted in penetration; the perpetrator's awareness of the circumstances of the act (use of force or threat of force, use of coercion, use of a coercive environment, inability of the person to give consent expressing his or her true will), including the absence of the victim's consent. [ABSTRACT FROM AUTHOR]

The article examines the environmental and legal aspects of the armed aggression of the Russian Federation against Ukraine. The problems of bringing the aggressor state to responsibility for ecocide are analyzed. Having found a legislative enshrinement in the national criminal law (Article 441 of the Criminal Code of Ukraine), ecocide has not been enshrined in international criminal law. It is not recognized as a crime either in the Rome Statute of the International Criminal Court or in any other international legal act. As of today, Russian crimes against the environment can be investigated by the International Criminal Court as war crimes. The author of the article supports the proposal regarding the need to include the crime of ecocide in the Rome Statute. The ecological and legal aspect of the formation of an international compensation mechanism is studied, the components of which are: 1) an international register of damages; 2) compensation commission (which will consider individual applications for compensation by the Russian Federation for losses from citizens, companies and the state); 3) compensation fund (which will accumulate funds to pay commission decisions, including at the expense of confiscated Russian assets). The mechanism of compensation for environmental damage caused as a result of the armed aggression of the Russian Federation against Ukraine is analyzed, and ways of its optimization are proposed. The future compensation mechanism should be based on the «ecosystem services approach», which will significantly increase the amount of environmental damage that the Russian Federation will pay to Ukraine. The international practice of compensation for environmental damage caused by the aggressor as a result of military actions and temporary occupation was studied and analyzed. The author emphasized the need to reform the state environmental monitoring system. Without reliable monitoring data, it is difficult to prove a causal relationship between the illegal actions of the aggressor state and the damage caused to the environment. [ABSTRACT FROM AUTHOR]

Protecting civilian populations affected by violent conflict and mass atrocities is a challenge in global politics, particularly in view of the persistence of contestation over the application of the Responsibility to Protect principle and geopolitical gridlock in the UN Security Council. Over the past decade, there has been a pronounced rise in international accountability mechanisms to fill protection gaps in the multilateral system. Increasingly, international accountability mechanisms have been activated in the early phases of conflict situations to counter atrocities, promoting protection in 'real time'. This article proposes that the deepening association between accountability and protection is best understood as an emergent human protection transnational legal order (HPTLO), a mode of decentralized governance that was driven by diverse agency across borders and aimed at solving problems of a global reach through legal ordering. The article provides an account of the formation and character of the HPTLO, demonstrates how it is operating in the context of the wars in Ukraine and Gaza, and identifies key risks and opportunities that these developments present to the global governance of human protection. [ABSTRACT FROM AUTHOR]

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article explores the perspectives of Afghan human rights advocates and academics on transitional justice, focused on the conundrum of the International Criminal Court (ICC) to investigate war crimes and crimes against humanity in Afghanistan. As a judicial entity, the ICC operates in a political environment. The tug of war of the ICC concerning what party to investigate is a testiment to this claim. In a recent twist, the new prosecutor, Karim Khan, issued a statement that his office would focus on crimes perpetrated by the Taliban and the Islamic State Khorasan Province, thus deprioritizing other parties, including the Afghan national security forces and the US military, that were determined by his predecessor. The Afghan human rights advocates and academics, while supporting accountability, criticize selective justice. The nature of war, the US–Taliban peace deal in 2020 and the collapse of the Afghan government in 2021 have furthered the dilemma of justice. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

War crimes related to the decision to carry out attacks during the conduct of hostilities are almost always defined in terms of conduct and not result (Article 8(2)(b) of the Rome Statute of the International Criminal Court). Yet it is common for critiques of such decisions to focus on attack results as proof of their alleged illegality. While such results are probative of compliance or non-compliance with international humanitarian law rules regulating the conduct of hostilities, they should rarely be indisputable. This article addresses the challenge of attaching probative value to attack results when assessing responsibility for alleged war crimes based on allegedly illicit attack decisions. [ABSTRACT FROM AUTHOR]

The use of technologies in criminal proceedings has become increasingly popular. This has not escaped the attention of international criminal proceedings. Of particular importance are remote communication tools, which are now used in proceedings before the International Criminal Court (icc). These tools enable, among other things, the remote participation of the accused and the victim in the proceedings. In this paper I will analyse how this one form of using technologies in the criminal process has evolved in the changing reality of international criminal proceedings, including how the use of remote communication tools affects the rights of the accused. I will argue that the development of the use of remote communication tools in icc proceedings has so far been evolutionary and that this has been justified differently depending on the approach taken by the accused and victim in the proceedings. The paper also examines the impact of the covid-19 pandemic. [ABSTRACT FROM AUTHOR]

The crime of gender persecution holds great potential for the adequate prosecution of gender-based violence in international criminal law. Codified in Article 7(1)(h) of the Rome Statute as a crime against humanity, it provides an opportunity to condemn gender-specific violence beyond sexual acts. However, the icc has so far only made limited use of this possibility and has yet to convict a defendant under Article 7(1)(h) on the basis of gender. In contrast, the Düsseldorf Higher Regional Court recently became the first court or tribunal to explicitly convict a person for gender persecution. The Sarah O. case has the potential to set an important precedent for the prosecution of this crime. Importantly, it may help to highlight the challenges of prosecuting gender persecution and to address them at the national and international level. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Kırıkkale Law Journal (KLJ) is the property of Kirikkale Law Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper explores the recognition of victims' rights in an international armed conflict, tracing it chronologically from the ad hoc tribunals to the modern day international criminal courts and several United nations document duly recognizing the rights and justice for victims. It also throws light on the debate of "Peace swapped with justice" to "Justice swapped with Peace" in the due course of the development of International criminal jurisprudence. In this article, the author shall firstly, analyses if the victims were given the right to participate in the International Military Tribunals; secondly, shall look at the international law that inspired the drafters of "Rome statute" to enable the victims to participate and lastly, shall look at the provisions under the "Rome statute" that enable the victims to participate. [ABSTRACT FROM AUTHOR]

In a context where supranational courts order reparations in environmental cases, this article examines whether the International Criminal Court (ICC) should pay attention to the Inter-American Court of Human Rights (IACtHR) reparations jurisprudence in environmental cases. The ICC has yet to engage with environmental cases and order ensuing reparations. However, the ICC Statute contains an environmental war crime, 'ecocide' may be incorporated into it, and some ICC cases/ICC complaints involved environmental damages. This article examines constraints of a potential extrapolation of IACtHR's reparation jurisprudence to the ICC's reparations system in environmental cases: differences between IACtHR's and ICC's mandates, particularly their reparations systems; and potential backlash from states/other actors vis-à-vis 'green' reparations jurisprudence. This article also provides justifications for ICC/IACtHR cross-fertilization: international human rights law is embedded in ICC's reparations law and practice, and need for a coherent international law of reparations in environmental cases across supranational courts. Through adapted cross-fertilization, the ICC's reparations system should consider IACtHR's reparations practice concerning environmental cases. [ABSTRACT FROM AUTHOR]

The "South African Foreign Policy Review: Ramaphosa and a New Dawn for South African Foreign Policy" edited by Lesley Masters, Philani Mthembu, and Jo-Ansie Van Wyk, explores the evolution of South Africa's foreign policy under Cyril Ramaphosa's administration. The volume delves into the blurred lines between domestic and foreign policy, the impact of international issues on domestic affairs, and the fragmentation of foreign policy due to differences in translating principles into practice. It also examines the decline of South Africa's international standing following corruption issues during Jacob Zuma's tenure and the efforts of the Ramaphosa administration to address corruption and engage in economic diplomacy. The editors and contributors provide insights into various aspects of South Africa's foreign policy, including norms, principles, multilateral engagement, defense diplomacy, health diplomacy, and economic diplomacy, among others, highlighting the need for internal capacity and coordination among actors for a more effective foreign policy. [Extracted from the article]

This article provides a summary and reflection on the results relating to the United States of America (United States or US) in the EU COST Action CA18228 (the Action) and the Scoping Survey on states' experiences with international criminal justice. It looks at how the United States has engaged or not engaged with international criminal justice in its law, policy, institutions, civil society, and culture. The data demonstrates that the United States' relationship with international criminal justice has been complex and, at times, controversial. More specifically, it shows the importance of framing international criminal justice as within the United States' national interest to ensure US support for the project. [ABSTRACT FROM AUTHOR]

The International Criminal Law Review's latest volume covers a range of topics, including the Ongwen case at the International Criminal Court, torture as a crime against humanity, and the recognition of children born of war as victims. The journal also delves into issues of justice, nonviolent resistance in authoritarian regimes, and global atrocity justice constellations. With articles from various perspectives and regions, this volume provides a comprehensive overview of current debates and developments in international criminal law. [Extracted from the article]

This article offers an overview and analysis of the findings regarding the case of Colombia within the EU COST Action CA18228 (the Action) and the Scoping Survey examining states' encounters with international criminal justice. It explores Colombia's nuanced and multifaceted approach to international criminal justice frameworks, focusing on the intersection of transnational crimes and the intricate dynamics of internal armed conflicts. It presents Colombia's multi-scalar legal approach to attempting to establish a positive complementarity and multilevel rule-of-law system, acknowledging the challenges inherent in integrating international law with diverse levels of governance and local legislation. It highlights how the ongoing implementation of the peace process and transitional justice mechanisms have sparked debates about striking the delicate balance between peace and justice, conducting in some cases expressions of magical legalism. This article's significance rests in the idea that Colombia's experience serves as an illustrative case study of the complexities involved in applying a multi-scalar positive complementarity legal approach and multilevel legal framework in the pursuit of justice for both national and international crimes. [ABSTRACT FROM AUTHOR]

The article explores the domestic implementation of international criminal law and complementarity, when operating alongside parallel transitional justice approaches. International criminal justice in Uganda is best understood as part of the broader lens of transitional justice, in response to a two-decade war in the Northern part of the country. Besides a doctrinal analysis of the relevant legal regime and cases, the article benefits from the author's personal insights working in Uganda and The Hague, the two sites of international justice that inform this article. Specifically, the International Crimes Division (ICD) which is the specialised court dealing with war crimes and crimes against humanity and the International Criminal Court (ICC). The article highlights critical paradoxes of the ICD and trial of former rebel Thomas Kwoyelo, putting this domesticated International Criminal Justice regime in a dilemma, also suggesting pathways for reforms. [ABSTRACT FROM AUTHOR]

The present article investigates Italy's posture on international criminal justice and identifies gaps and obstacles whose overcoming is essential to make the country effectively contribute to its efficient functioning. To this end, firstly, the Italian Government's attitude towards international criminal justice institutions is surveyed. Secondly, domestic legislation and case law on international crimes are carefully analysed. Thirdly, the public perception of international crimes in Italy is critically assessed. The author finds that a major legislative reform is urgently needed and cannot be postponed any longer, so as to remove any ambiguity about the Italian Government's commitment to ensuring accountability for all international crimes listed in the Rome Statute of the International Criminal Court. She also advises that such reform should be complemented with the assumption of additional international obligations bringing Italy at the forefront of the supporters of the Rome Statute system. [ABSTRACT FROM AUTHOR]

Complementarity has been traditionally understood in a twofold manner. On the one hand, the principle of complementarity explicates the jurisdiction of the International Criminal Court. On the other hand, it has been conceptualised as the broader principle that governs the functioning of the international criminal justice system built after the entry into force of the Rome Statute. Understood in this sense, complementarity outlines the interplay between different (domestic and international) accountability actors, including national authorities and civil society. This article explores the ways in which the principle of complementarity has been operationalised in Ukraine since 2014, in an attempt to highlight the challenges faced by domestic and international justice actors in the situation of atrocities being committed in an ongoing armed conflict. It puts forward an argument that ad hoc responses introduced in cooperation and coordination with local and international partners—including the civil society—have been prioritised over permanent legislative solutions. These ad hoc responses have the potential to influence the expansion of the complementarity architecture, shape the coordinated accountability approaches and advance positive complementarity for core international crimes in ongoing armed conflicts. [ABSTRACT FROM AUTHOR]

The International Criminal Law Review's special issue presents 13 papers developed by scholars involved in an EU COST Action, focusing on atrocity justice beyond international criminal courts and tribunals. The papers explore domestic law, policy, and institutions related to atrocity justice in various countries, highlighting interactions between states and international criminal justice mechanisms. The diverse set of countries covered in the papers reflects unique national interests, drivers, and capacities rooted in domestic politics and resources, emphasizing the complex and dynamic landscape of atrocity justice on a global scale. [Extracted from the article]

Scholars commonly argue that international law and organizations promote democracy by helping dictators to credibly commit to accountability, individual rights, and transparency. Yet dictators routinely join treaties and international organizations without transitioning to democracy. International law and organizations can generate asymmetric costs for domestic actors because international rules often apply to both governments and non-state actors, yet dictators can limit how these rules are upheld at the domestic and international level. We argue that dictators are most likely to join such treaties and international organizations when they face strong domestic political competition. We illustrate our argument using the International Criminal Court (ICC), which has extensive powers to prosecute individuals for international crimes, including crimes against humanity, genocide, and war crimes. We show that ICC investigations and prosecutions have become a tool for incumbent dictators to target their domestic opponents. We examine the implications of our theory for multiple outcome variables, including the decision to join the ICC, violence, and the survival of dictators in power. Our evidence suggests that dictators are most likely to join the ICC when they face strong political opponents and are subsequently less likely to commit violence and more likely to survive in office. [ABSTRACT FROM AUTHOR]

This is a legal doctrinal inquiry into the claim that Israel's policies and practices in the Occupied Palestinian Territory (OPT) constitute apartheid. Its purpose is to provide a more nuanced analysis which more clearly distinguishes between legal/doctrinal and political/policy arguments. While the popular, non-legal use of the apartheid claim regarding the OPT (and beyond) has dramatically increased in the last years, the legal doctrinal side of the issue, especially regarding the elements of the apartheid crime, remains underexplored. This inquiry intends to close this gap. The importance of such an objective legal analysis has even become more obvious with the Hamas' attack on Israel on October 7, 2023 and the ensuing armed conflict in Gaza. Yet, this inquiry is limited in that it only refers to the situation in the OPT and focuses on apartheid as an international crime and the ensuing individual criminal responsibility. After some preliminary and principled considerations on the status of apartheid under international (criminal) law, its substantive and geographical scope, its specific wrong, and the relationship between the relevant treaty instruments (infra section I), the second and main part of the paper will offer a detailed analysis of the elements of the crime (infra section II). Taking Article 7(2)(h) of the Rome Statute of the International Criminal Court (ICC Statute, ICCS) as the applicable crime definition, the following three elements will be examined: (i) "inhumane acts;" (ii) "institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups;" and (iii) the specific "intention of maintaining" the said regime. Applying these elements to the situation in the OPT, it will be shown that, while the first element is quite straightforward, the second element raises some tricky interpretative problems (especially the "racial group" part), and the third element is arguably the most difficult to demonstrate. Ultimately, criminal responsibility for apartheid cannot be established in the abstract but depends on the concrete circumstances of the individual case and the available evidence, with the specific apartheid intent to be inferred from context and conduct as the only reasonable inference. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Direito Internacional is the property of Revista de Direito Internacional and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Direito Internacional is the property of Revista de Direito Internacional and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Direito Internacional is the property of Revista de Direito Internacional and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Direito Internacional is the property of Revista de Direito Internacional and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)