Part One: The Relationship between International Criminal Law and Human Rights

<p>In this globalization era, cooperative relationships spread. The relationship between one country and another is as if no border. Problems arousing are also more complicated as the increas-ing of the people's needs. Law has very important roles in regulating those relationships. International law is crucially needed in maintaining harmonious relationships among people and countries. The Rome Statute is more than an international criminal law instrument, but it plays a strategic role in realizing the fulfillment of human rights. The provisions of the Rome Statute are not retroactive. Because the Rome Statute is more oriented to prevent the occurrence of gross human rights violations in the future. When the Rome Statute is ratified, it will improve and strengthen the national legal and human rights system.</p>

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The Principle of Complementarity: A Reflection on Its Meaning, Origin and Types in International Criminal Law

African Journal of International and Comparative Law ◽

10.3366/ajicl.2021.0351 ◽

2021 ◽

Vol 29 (1) ◽

pp. 82-94

Author(s):

Muyiwa Adigun

Keyword(s):

Criminal Law ◽

International Criminal ◽

International Criminal Law ◽

World War ◽

International Criminal Tribunals ◽

The First World War ◽

Domestic Courts ◽

The Relationship ◽

First World ◽

Principle Of Complementarity

The principle of complementarity is one of the most important concepts in international criminal law as it defines the relationship between international criminal tribunals and domestic courts. Certain claims have been made in respect of this concept thus this study examines the correctness of the claims made. The study finds that the concept is claimed to have originated from the sciences and that its expression in international criminal law has taken a distinctive form different from that in the sciences, that it is traceable to the First World War and that there are at least about four categories of the concept. The study, however, argues that while the concept originated from the sciences, its expression in international criminal law is no different from that in the sciences, that it is traceable to the trial of Peter von Hagenbach in 1474 (the Breisach Trial) and that there are at least five categories of the concept. The study therefore concludes that the claims made are incorrect.

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Human Rights and International Criminal Law

Prosecuting International Crimes: A Multidisciplinary Approach ◽

10.1163/9789004323667_009 ◽

2016 ◽

pp. 153-175

Keyword(s):

Human Rights ◽

Criminal Law ◽

International Criminal ◽

International Criminal Law

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

Nordic Journal of International Law ◽

10.1163/15718107-08403007 ◽

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.

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