scholarly journals Courtroom 600: The (Virtual) Reality of Being There

2021 ◽  
pp. 1-20
Author(s):  
Renske Vos ◽  
Sofia Stolk
Keyword(s):  
Virtual Reality ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
The Other ◽  
International Criminal Law ◽  
Point Of Interest ◽  
Being There ◽  
Nuremberg Trials

Abstract Although at least some of the concern with prosecuting aged defendants seems to lie with defendants not quite looking the part, reviews of historic Court buildings come out the other end with allusions to eminence, authenticity, tradition, history and gravitas. Exemplary is the Courtroom 600 Project, a vr experience of the Nuremberg Trials set in a virtual rendition of the Palace of Justice in Nuremberg. Courtroom 600 remains today one of the major material referents in the histories of international law, representing the symbolic birthplace of International Criminal Law. The attraction of the Court moreover is such that the building has come to offer, as we would say, a legal sightseeing point of interest. In this piece, we pick up on the Courtroom 600 Project as capitalising on the interest with visiting the place ‘where it happened’, and pushing the boundaries of experiencing ‘being there’, where it happened.

The Defense of Superior Orders in International Law: Some Implications for the Codification of International Criminal Law

2009 ◽  
Vol 9 (1) ◽  
pp. 117-137
Author(s):  
Hiromi Sato
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Choice Test ◽  
Controversial Issues ◽  
Moral Choice ◽  
Nuremberg Trials ◽  
Rule Making ◽  
International Rule

AbstractThe defense of obedience to superior orders has been one of the most controversial issues in international criminal law. Although the Nuremberg Trials put forth the “Nuremberg Principle” on the superior orders defense, the principle has remained unclear on the so-called moral choice test. Basically, the situation has not been changed throughout the subsequent international rule-making process. International society has apparently rejected automatic immunity by the superior orders defense; however, a consensus has not been achieved on the question of conditional immunity, particularly on the grounds of coercion. In tackling these remaining problems, it would be advisable to examine the legal and theoretical characteristics of each component of the relevant discussion. It would also be desirable to consider some essential difficulties incidental to international rule-making. This article, in conclusion, draws attention to the possibility of certain self-constraint with regard to international law, leaving the issue of the coercion defense to the respective national legal system.

Recent Developments In International Criminal Law:Trying To Stay Afloat Between Scylla And Charybdis

2005 ◽  
Vol 54 (3) ◽  
pp. 691-704 ◽  
Author(s):  
Olivia Swaak-Goldman
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
The Other ◽  
International Criminal Law ◽  
International Crimes ◽  
Other Hand ◽  
Recent Developments ◽  
The One

An analysis of recent development in international criminal law shows the emergence of two countervailing trends: on the one hand a broadening trend, in that the various prosecutorial meansused to hold individuals accountable for violations of certain international crimes has expanded; and on the other hand a narrowing trend, in that the protection from prosecution afforded by international law to certain individuals, that once seemed to falter, has been reinstated.

INTERNATIONAL CRIMINAL LAW AND AR (AZERBAIJAN REPUBLIC) LEGISLATION GENOCIDE CRIME AND ITS COMPARATIVE ANALYSIS WITH OTHER INTERNATIONAL CRIMES

2020 ◽  
Vol 53 (04) ◽  
pp. 48-52
Author(s):  
Erkin Humbat Musayev Humbat Musayev ◽  
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Key Words ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
Transnational Crime ◽  
International Criminal Law ◽  
International Crimes

Key words: international law, international criminal law, genocide, war crimes, transnational crime

scholarly journals Pluralism in International Criminal Law

2012 ◽  
Vol 25 (4) ◽  
pp. 847-855 ◽  
Author(s):  
ELIES VAN SLIEDREGT
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Legal Literature ◽  
Fragmentation Of International Law

Fragmentation of international law is a phenomenon that has been discussed ever since the ILC in 2000 decided to add to its programme of work the topic ‘Risks ensuing from the fragmentation of international law’. Koskenniemi, in a paper published in this journal, was one of the first to address fragmentation in legal literature. In 2006, he finalized a voluminous report on ‘Fragmentation of International Law’, providing for means and ways to cope with fragmentation.

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.

The Contestation of Value-Based Norms: Confirmation or Erosion of International Law?

2019 ◽  
pp. 311-334
Author(s):  
Tiyanjana Maluwa
Keyword(s):  
International Law ◽  
Security Council ◽  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
The Right ◽  
First Time ◽  
Normative Powers

The chapter discusses the concepts of shared values and value-based norms. It examines two areas of international law that provide illustrative examples of contestation of value-based norms: the fight against impunity under international criminal law and the debates about the responsibility to protect. It argues that the African Union’s (AU) difference of view with the International Criminal Court (ICC) over the indictment of Omar Al-Bashir is not a rejection of the non-impunity norm, but of the context and sequencing of its application. As regards the right of intervention codified in the Constitutive Act of the AU, Africans states responded to the failure of the Security Council to invoke its existing normative powers in the Rwanda situation by establishing a treaty-based norm of intervention, the first time that a regional international instrument had ever done so. Thus, in both cases one cannot speak of a decline of international law.

The Relationship between State Sovereignty and the Enforcement of International Criminal Law under the Rome Statute (1998): A Complex Interplay

2009 ◽  
Vol 9 (3) ◽  
pp. 531-545 ◽  
Author(s):  
Manuela Melandri
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
Current System ◽  
Specific Aspect ◽  
Criminal Court ◽  
International Criminal Law ◽  
State Sovereignty ◽  
The Relationship

AbstractThis article explores the relationship between state sovereignty and the enforcement of international criminal law under the Rome Statute of the International Criminal Court. This doing, it attempts to map out the ambivalent and sometimes contradictory roles that different typologies sovereignty play in advancing or hindering the enforcement of international criminal law. After a brief survey of the literature on the debate over 'international law vs. state sovereignty', the paper focuses on one specific aspect of the newly established ICC: the conditions for case admissibility. The analysis will show that the relationship between state sovereignty and international criminal justice is a dynamic and complex one, which needs to be understood and contextualized within the current system of international relations.

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