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 The Crisis of International Criminal Law in Africa: A Regional Regime in Response?

2019 ◽  
Vol 66 (2) ◽  
pp. 287-311
Author(s):  
Eki Yemisi Omorogbe
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Crimes

Abstract This article considers the African Union’s (AU) proposal for a regional court for international crimes under the Malabo Protocol 2014 (Protocol). It places that within the AU’s rejection of the International Criminal Court’s (ICC) arrest warrants for African Heads of States that are not party to the Rome Statute and a more general protection of incumbents. It argues that the enthusiasm for establishing a regional criminal court, which lacks jurisdiction to prosecute incumbents, has not been sustained and African states remain committed to the ICC. It shows that nevertheless the Protocol’s provisions on genocide, crimes against humanity and war crimes, although imperfect, better address the specific character of armed conflicts in Africa than current international law, including the Rome Statute of the ICC. It concludes that the regional court for international crimes is unlikely to be established unless the ICC takes further action against incumbent leaders but that the Protocol’s provisions could be used in the development of a more Africa-centric international law.

scholarly journals Nullum Crimen and International Criminal Law: The Relevance of the Foreseeability Test

2015 ◽  
Vol 84 (3) ◽  
pp. 515-531
Author(s):  
Harmen van der Wilt
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
International Crimes ◽  
European Court ◽  
Starting Point

This article traces the development of the foreseeability test in the context of the nullum crimen principle. While the European Court of Human Rights has introduced the ‘accessibility and foreseeability’ criteria long ago in the Sunday Times case, the Court has only recently started to apply this standard with respect to international crimes. In the Kononov case, judges of the European Court of Human Rights exhibited strongly divergent opinions on the question whether the punishment of alleged war crimes that had been committed in 1944 violated the nullum crimen principle. According to this author, the dissension of the judges demonstrates the lack of objective foreseeability, which should have served as a starting point for the assessment of the subjective foreseeability and a – potentially exculpating – mistake of law of the perpetrator. The Court should therefore have concluded that the nullum crimen principle had been violated.

When the Child Surpasses the Father – Admissible Defences in International Criminal Law

2008 ◽  
Vol 8 (3) ◽  
pp. 509-532 ◽  
Author(s):  
Caroline Fournet
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Judicial System ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Public International Law ◽  
International Crimes ◽  
Individual Criminal Responsibility

AbstractDue to the heinous nature of international crimes, admissible defences in the context of international criminal justice understandably constitute an issue surrounded with controversy. Yet, while International Criminal Law precludes the use of a series of defences, it also admits that certain grounds may exclude individual criminal responsibility or mitigate punishment even in the case of the most serious international crimes. The present study thus proposes to analyse the permissibility of these defences and the availability of such grounds for excluding responsibility by drawing a comparison between Public International Law and International Criminal Law and by highlighting the differences and discrepancies between the two systems. Ultimately, this analysis aims at demonstrating that International Criminal Law, one of Public International Law's children, has now surpassed its parent to become a more sophisticated and a fairer legal and judicial system, for both the defendants and the victims.

scholarly journals Immunities and International Crimes before the ILC: Looking for Innovative Solutions

AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 22-26 ◽  
Author(s):  
Mathias Forteau
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
High Expectations ◽  
Criminal Jurisdiction ◽  
International Crimes ◽  
Sovereign Equality ◽  
Innovative Solutions ◽  
Over Time

The International Law Commision's (ILC's) work on Immunity of State officials from Criminal Jurisdiction, which started ten years ago, has generated over time high expectations. In light of progress in international criminal law, the ILC is expected to strike a reasonable balance between the protection of sovereign equality and the fight against impunity in case of international crimes. It requires the Commission to determine whether or not immunity from criminal jurisdiction applies or should apply when international crimes are at stake. At its 2017 session, the ILC eventually adopted Draft Article 7 on this issue, which proved quite controversial and did not meet states’ approval. The purpose of this essay is to shed some light on the main shortcomings of this provision and to identify possible alternatives that could permit the ILC to overcome the deadlock concerning its adoption.

s.VIII Boundaries, Ch.34 Transnational Crimes

2020 ◽  
Author(s):  
Guilfoyle Douglas
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Irreducible Element ◽  
International Criminal Law ◽  
Draft Code ◽  
International Crimes ◽  
Peace And Security ◽  
History Of ◽  
Intrinsic Character

This chapter focuses on transnational crimes. Though these were long part of the international criminal law (ICL) canon, it is only late in the discipline’s history that they became conceived as being something distinct. As such, while this chapter envisages the history of ICL, it also focuses more on the origin of the distinction in the Draft Code of Crimes Against the Peace and Security of Mankind. This distinction, which became quite influential, foregrounded crimes under general international law and crimes of international concern as two separate categories. However, this chapter takes a skeptical view of the distinction, noting the ‘question begging’ character of defining international crimes on the basis of an implicitly accepted notion of what international crimes are. But this is not to say that the attempt at drawing distinctions is fruitless—in fact, it sustains relevant conversations about, for example, the intrinsic character of gravity of various crimes in relation to each other. But, as this chapter shows, it does point to an irreducible element of faith in any act of prioritization.

scholarly journals Non-applicability of Prescription to War Crimes during Iraq’s War against Iran

2016 ◽  
Vol 9 (5) ◽  
pp. 65
Author(s):  
Seyed Rasoul Ghorishi ◽  
Sabber Niavarani ◽  
Seyed Ghasem Zamani
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
Main Question ◽  
Public Attention ◽  
Main Obstacle ◽  
International Crimes ◽  
Long Time ◽  
International Responsibility

<p>International responsibility of Iraq regarding imposed war against Iran and compensating all harms has been an issue attracted public attention in Iran; in a way that sometimes it has been discussed. Nevertheless, it should not be ignored that this war happened long time ago, thus it involves the issue of Prescription or Statutory Limitations. Since the Statutory Limitation often is the main obstacle facing the culture of non-punishment, the main question is that whether Iraqi’s war crimes is supposed to prescription?</p>It should be noted that prominent values of humanity entail the condemning of severe international crimes and non-applicability of principle of prescription. Therefore, International Criminal Law through codification of regional and international documents including the Supreme Iraqi Criminal Tribunal has predicted a period of 35 years for investigation of Iraqi high-ranking officials’ crimes: Accordingly, it seems that the theory of non-applicability of prescription over Iraqi’s war crimes during war against Iran has been substantiated.

scholarly journals Short Analysis of Klaus Barbie and Jean-Pierre Bemba Gombo in Pointing out of the Responsability of Natural Persons for International Crimes

2020 ◽  
Vol 8 (2) ◽  
pp. 56-67
Author(s):  
Dumitrita Florea
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Liability ◽  
International Criminal Law ◽  
Private International Law ◽  
Foreign National ◽  
Public International Law ◽  
Legal Norms ◽  
International Crimes

In international law doctrine carried on extensive talking and still it is a actual subject, if the individual is liable of responsability and, implied, of sanction for international crimes. Before to reveal some aspects of natural persons responsability for international crimes a couple of clarifications is required. Thus, we recall that the first author which use the term international criminal law was Jeremy Bentham, who distinguished between the criminal law of the community of states and the criminal law of a state. Over time, legal doctrine has extrapolated the concept of legal relationships with an international element, making the distinction between public international law and private international law. If criminal law is a branch of public law, then international criminal law becomes a sub-branch of international law, regulating criminal legal relationships with an international element. In other words, referring to private international law, we specify that it represents the totality of legal norms that resolve conflicts of laws or conflicts of jurisdiction and those regarding the legal status of the foreign national. In this context, the international element appears as a factual circumstance related to a legal relationship due to which this relationship is related to several legal systems (or laws belonging to different countries). With regard to international criminal law, we specify that this is a branch of public international law and designates the set of legal norms stipulated in various conventions and treaties by which states, in their capacity as subjects of law, order the repression of illicit acts that infringe fundamental rights of the international community. In other words, international criminal law consists of rules of general international law that govern the criminal liability of natural persons, individuals, for acts that harm international public order and constitute crimes against humanity.

scholarly journals La protección en la jurisdicción penal internacional del derecho a la cultura: los crímenes internacionales de destrucción del patrimonio cultural | The protection under international criminal jurisdiction of the right to culture: internacional crimes regarding destruction of cultural heritage

2019 ◽  
pp. 224
Author(s):  
María Torres Pérez
Keyword(s):  
Cultural Heritage ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
Final Solution ◽  
International Context ◽  
International Crimes ◽  
Global Vision ◽  
The Right

Resumen: El presente artículo pretender dar una visión global de la protección del derecho a la cultura a través del derecho internacional penal y en concreto, a través de la tipificación de los crímenes de destrucción del patrimonio cultural. La persecución de tales delitos internacionales ha seguido la senda de otros crímenes en derecho internacional penal, englobándose en un primer momento entre los crímenes de guerra para de forma posterior superar dicha tipificación para poder ser tratado como crímenes de lesa humanidad de persecución e incluso, como indicios de una conducta genocida. En el presente contexto internacional, la denegación del derecho a la cultura como método de guerra es innegable en los conflictos protagonizados por los nuevos actores internacionales por lo que la solución final del derecho internacional penal debe progresar para erigirse en un método de protección privilegiado. Abstract:  The present article intends to give a global vision of the protection of the right to culture through international criminal law and in particular, through the tipification of crimes of destruction of cultural heritage. The prosecution of such international crimes has followed the path of other crimes in international criminal law, initially included in the type of war crimes and later overcoming such tipification in order to be treated as a crime against humanity of persecution and even, as indications of a genocidal behavior. In the present international context, the denial of the right to culture as a method of warfare is undeniable in conflicts involving new international actors, so the final solution of international criminal law must progress to become a privileged method of protection.

15. International criminal law

2021 ◽  
pp. 296-316
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Criminal Prosecution ◽  
Criminal Courts ◽  
International Crimes ◽  
Recent Addition ◽  
Second World

This chapter looks at the purposes and principles of international criminal law. International criminal law seeks to ensure that perpetrators of certain heinous acts are criminally liable for their acts, either before national or international criminal courts or tribunals. It is a fairly recent addition to international law and it was not until after the end of the Second World War that it became accepted that international law authorizes the criminal prosecution of individual perpetrators of serious offences. The chapter begins by discussing the most important sources of international criminal law. It then examines the prosecution of international crimes before international criminal courts, including the conditions for prosecuting suspected international criminals before the International Criminal Court. It also discusses the national prosecution of international crimes and the obligation found in a number of conventions to criminalize and prosecute certain conduct.

26. International criminal law

2017 ◽  
Author(s):  
Robert Cryer
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Crimes ◽  
Pros And Cons

This chapter first discusses the overlaps between human rights and international criminal law, focusing on four international crimes: genocide, crimes against humanity, war crimes, and aggression. It then considers prosecutions and non-prosecutorial options, concluding with an analysis of the pros and cons of using international criminal law to protect human rights.

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