scholarly journals Questions of the Legal Status of a Kosovo Specialist Chambers and Specialist Prosecutor’s Office

2020 ◽  
pp. 433-440
Author(s):  
Olexandr Bazov
Keyword(s):  
Criminal Justice ◽  
International Law ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
International Crimes ◽  
Institutional Foundations

In the current conditions of the active development of the international criminal justice system from the Nuremberg and TokyoWar Crimes Tribunals, and after – the International Criminal Tribunals for the former Yugoslavia and for Rwanda, international criminaljudicial authorities of the so-called «new wave» or «third generation» are in the field of view of the science of international law, thestudy of the legal and institutional foundations of which represents significant scientific and practical interest. The legal and institutional foundations of the activities of a Special Court in Kosovo (the name also used to denote the KosovoSpecialist Chambers and Specialist Prosecutor’s Office) in the science of international law, in our opinion, has not sufficiently studied.We believe that this is due both to the fact that this Court, as new type of international criminal justice, was created recently, aswell as to the insignificant and contradictory practice of its judicial activity.Considering the foregoing, the aim of the article is to study the legal and institutional foundations and activities of a Special Courtto investigate war and other international crimes that were committed on the territory of Kosovo and which occupies a special place inthe international criminal justice system, given the specific features of its creation and activities, the formations of its international andnational components.The scientific novelty of the research results is that a comprehensive study of the legal and institutional foundations of the creationand activities of the Court, in Ukraine is being done for the first time.As the same time, during the scientific study, it was taken into account that this Court was created with the active participationof the United Nations, the Council of Europe, the European Union and also individual countries, as well as Kosovo in ordered to pro -secute for the commission of international crimes during the armed conflict in the territory of the former Yugoslavia, the «winners» –the former leaders of the Kosovo Liberation Army (UÇK), who were never prosecuted for their commissions of international crimesduring the activities of the International Criminal Tribunal for the former Yugoslavia (ICTY).

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.

The Normative Basis for Victims' Rights and Their Status in the Criminal Justice Process

2019 ◽  
pp. 57-113
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
International Criminal Justice ◽  
International Crimes ◽  
Conflict Situations ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Normative Basis

In this chapter, the study moves from the legal basis upon which these crimes can be prosecuted to victim-oriented approaches in the criminal justice system. It critically examines the emerging trend of victims-centred approach in international criminal justice system and especially how developments in some domestic systems have informed the growing trend to address the needs of victims in international criminal justice. The discussion in this chapter indicates that the relatively new idea of justice for victims of international crimes suggests that the international criminal justice process should attend to victims' needs, thereby contributing in the rebuilding of war-torn communities. The author argues that while the relatively new victim-centred approach to international crimes remains a significant component of comprehensive victim-focused responses, the complex realties of victims of sexual violence in conflict situations provide a unique range of challenges in addressing the needs of victims in the context of international criminal justice system.

scholarly journals Special tribunal for Lebanon: legal and institutional principles of activity

Legal Ukraine ◽  
2020 ◽  
pp. 48-57
Author(s):  
Oleksandr Bazov
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
Practical Interest ◽  
International Criminal Law ◽  
Institutional Framework ◽  
International Criminal Justice ◽  
Institutional Foundations ◽  
International Character

The article presents the result of a study of the legal and institutional framework of the Special Tribunal for Lebanon. In particular, the role of the UN Security Council and the Government of the Lebanese Republic in the establishment of this Tribunal, the features of its legal and institutional framework as a court of international character are determined. The analysis of its international and national components is carried out. The jurisdiction of the Tribunal and the practice of its activity are studied. In the current conditions of active development of the system of international criminal justice in the field of view of the science of international law are international criminal courts of the so-called “new wave” or “third generation”, the study of legal and institutional principles of which is of great scientific and practical interest. The aim of the article is to study the legal and institutional foundations of the formation and operation of the court of international character – the Special Tribunal for Lebanon, which occupies a special place in the international criminal justice system given the specific features of its formation and operation, its international and national components. The scientific novelty of the research results is that a comprehensive study of the legal and institutional foundations of the establishment and operation of the Special Tribunal for Lebanon in Ukraine is carried out for the first time. The study of the legal and institutional foundations of the establishment and operation of this Tribunal, its jurisdictional powers and practices is important both for the further development of international criminal law and for the improvement of the international criminal justice system. Key words: international crimes, terrorism, special tribunal, legal bases, institutional bases.

scholarly journals A Horizontal Treaty on Cooperation in International Criminal Matters: The Next Step for the Evolution of a Comprehensive International Criminal Justice System?

2017 ◽  
Vol 29 (2) ◽  
pp. 368-387
Author(s):  
Dire Tladi
Keyword(s):  
Criminal Justice ◽  
International Law ◽  
Justice System ◽  
International Criminal ◽  
International Criminal Justice ◽  
Interstate Cooperation ◽  
International Crimes ◽  
Domestic Courts ◽  
Key Concepts ◽  
Criminal Matters

This paper addresses the intersection between two key concepts in international criminal justice, namely cooperation and complementarity. While it is recognised that domestic courts carry main responsibility for ensuring accountability for the commission of international crimes, there appears to be gaps in two areas. First, international law does not make provision for a comprehensive obligation to investigate and prosecute such crimes. Second, there is no comprehensive and robust interstate cooperation obligation, necessary to ensure successful domestic investigations and prosecutions. The paper assess two initiatives designed to fill these gaps, and considers their strengths, weaknesses and the possible synergies between them.

Bridging the Gap between Criminological Theory and Penal Theory within the International Criminal Justice System

2014 ◽  
Vol 22 (3) ◽  
pp. 249-279 ◽  
Author(s):  
Athanasios Chouliaras
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
International Criminal ◽  
State Crime ◽  
Criminological Theory ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
International Crimes

The main objective of this article is to put forward a critical analysis of the emergent international criminal justice system, epitomized by the creation of the permanent International Criminal Court (icc). Such an endeavour is warranted on the assertion that international criminal justice scholarship has entered into a ‘reflective’ phase, the hallmark of which lies in the re-evaluation of the institutions of international criminal law in the light of the distinctive traits of international criminality derived from the combination of the criminological theory of state crime and the rising theory of international crime in the domain of international criminal law. In this context, the article summarizes the basic points and the epistemological premises of the criminological theory of state crime, while seeks to delimit the subject matter by alluding to the concept of core international crimes arising from the normative system of the icc. The core aim of such a combined approach is not to downplay the existing differences between the criminological concept of state crime and the penal concept of core international crimes, but to highlight common points in order to draw tentative conclusions and make some preliminary suggestions from a criminal policy perspective.

scholarly journals Leaving Legacies Open-Ended: An Invitation for an Inclusive Debate on International Criminal Justice

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 205-208
Author(s):  
Eyal Benvenisti ◽  
Sarah M.H. Nouwen
Keyword(s):  
Criminal Justice ◽  
Interest Groups ◽  
International Law ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
International Criminal Tribunals ◽  
The Creation

As a response to the Symposium on the International Criminal Tribunals for the former Yugoslavia and Rwanda published by the American Journal of International Law on the occasion of the tribunals’ closure, this AJIL Unbound Symposium intends to broaden the debate on the “legacies” of those courts. The AJIL Symposium contains articles on the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR); the ad hoc tribunals’ jurisprudential contributions; and their extra-legal impacts and legacies. The concept of “legacy” is itself contested and the appropriateness of the courts’ own efforts to consolidate it may be questioned, especially as they have barely ended (or are about to end) their work. Nevertheless, their over two decades of existence does provide an occasion to assess all they have done and not done, and have affected, intentionally and unintentionally. Against that background, we have invited a group of scholars to respond to the AJIL Symposium and to reflect upon the work of the tribunals with a view to enriching the debate with more voices, from different regions, from different interest groups, and from different disciplines.

Addressing violations of international humanitarian law through the international criminal justice system: A criminologist’s contribution

2020 ◽  
Vol 33 (3) ◽  
pp. 670-684
Author(s):  
Simeon P Sungi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
War Crimes ◽  
International Humanitarian Law ◽  
International Criminal Justice ◽  
Humanitarian Law ◽  
Criminal Offending ◽  
International Crimes

The international criminal justice system has resorted to criminal sanctions as the sole response to international criminal offending, including international humanitarian law (IHL) violations. While responding to international criminal offending, the international criminal justice system has overly relied on utilitarianist and retributivist assumptions to criminal punishment that assumes the application of criminal law in enforcing compliance to societal norms in order to deter potential norm violators and to induce compliance. Furthermore, correcting criminal behaviour creates a sense of accountability and appeases victims of international humanitarian law violations and other international crimes. Arguments in support of this strategy also posit that it is important to take these steps because it brings a sense of respect to the rule of law or what is popularly known as fighting ‘impunity’. A reflection on the Nuremberg and the Tokyo trials following World War II seems to have influenced the criminalising of war crimes and other international crimes. On the other hand, criminologists over a century now have been studying causes of crime to influence public policy in crime prevention. It is, therefore, imperative to examine the aetiology of international humanitarian law violations through a criminological lens to inform international criminal justice policy on best approaches in responding to international crimes in general and war crimes in particular. The essay examines international humanitarian violations in the Democratic Republic of Congo to find out whether the international criminal justice system’s response to war crimes meet the purported stated goals of the international criminal justice system. The Lubanga case in the DRC situation is informative since it is the first conviction before the International Criminal Court.

From The Hague to the Balkans: A Victim-oriented Reparations Approach to Improved International Criminal Justice

2014 ◽  
Vol 14 (1) ◽  
pp. 1-41 ◽  
Author(s):  
Stathis N. Palassis
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
The Balkans ◽  
International Crimes ◽  
The Hague ◽  
Yugoslav Wars

The international crimes committed in the territory of the former Yugoslavia during the 1990s have been the subject of both State responsibility claims and prosecutions establishing individual criminal responsibility. On 26 February 2007 the International Court of Justice handed down its judgment in the Genocide case while it is expected that in 2014 the International Criminal Tribunal for the former Yugoslavia will conclude all appeals from prosecutions. While these initiatives contribute to the acknowledgement of the commission of international crimes they have not provided the victims with any financial reparations. Instead victims have had to make compensation claims under domestic law. The article examines how, in addition to the international initiatives at The Hague, a regionally focused victim oriented reparations approach can assist in attaining improved international criminal justice for international crimes committed during the Yugoslav wars. A victim oriented reparations approach would enhance victims’ rights through the provision of financial reparations, reflect improved international criminal justice and assist in the attainment long-term stability in the war-torn States of the former Yugoslavia.

Sign in / Sign up

Export Citation Format

Share Document