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Victims’ Perspectives on Participation in the Ongwen Case Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-09-07 Paolina Massidda, Joseph Akwenyu, Luke Moffett
The Ongwen case has so far involved one of the largest number of victims represented before the International Criminal Court, both in terms of participation in trial proceedings (4,095) and potential beneficiaries for reparations (49,772). This piece offers some new insights following the trial from victims represented by both victim legal teams that are not captured in victims’ statements or submissions
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Witnessing Ongwen Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-09-05 Jackline Atingo, Tim Allen, Anna Macdonald
The trial of Dominic Ongwen before the International Criminal Court (ICC) has been hailed as a milestone, especially because of his conviction for gender-based crimes, including forced marriage and forced pregnancy. Ongwen’s conviction for those crimes was linked to harrowing testimonies of a group of women who were given to him as so-called ‘wives’ during his time as a commander in the Lord’s Resistance
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The Ongwen Case at the International Criminal Court as a Test of the Court’s Outreach Programming in Northern Uganda Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-08-26 Dennis Jjuuko, Francis Opio
The International Criminal Court’s outreach office remains a central pillar to the legitimacy and relevance of the Court’s activities aimed towards victims’ constituencies. However, the Court’s outreach programmes in the Ongwen case are constrained by a communication strategy used in the context of a fledgling communication infrastructure in northern Uganda. We rely on primary qualitative interviews
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Targeted Sanctions as a Pathway to Accountability Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-08-05 Tomas Hamilton, Natalie Lucas, Alex Prezanti, Megan Smith, Amanda Strayer
The growth of ‘Magnitsky-style’ targeted sanctions has ushered in a new chapter in the history of sanctions practice that places civil society actors in an increasingly empowered position. The development of new legal and policy frameworks in several jurisdictions, led by the USA, has formalized an active role for civil society in governments’ sanction designation processes. By creating a legal framework
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Editors’ Introduction Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-08-01 Sareta Ashraph, Danya Chaikel, Daniela Gavshon, Kirsty Sutherland
Civil society has long been a key actor in the pursuit of accountability. Moreover, civil society has often helped define what accountability is and how to achieve it. This symposium looks at various contributions made by civil society organizations to the international justice landscape. First, as pioneers in establishing international tribunals or justice mechanisms and intervening in cases before
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Withdrawal from the Rome Statute Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-07-12 Yudan Tan
This article examines the implications of a state party’s withdrawal from the Rome Statute, with a particular focus on its impact on the continuity of International Criminal Court (ICC) proceedings in an ongoing situation, especially during the preliminary examination phase. It begins by scrutinizing three distinct ways of addressing the implications of a state party withdrawal employed by the ICC
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In Search of the Prototype of Forced Marriage Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-07-12 Ligeia Quackelbeen
This article discusses the categorization of the phenomenon of bush wives as forced marriage under the residual category of other inhumane acts in the Ongwen case. It reveals how judges at the International Criminal Court have used an Aristotelian Approach to characterization which entailed them to examine, on the basis of a jurisprudentially established checklist, whether the bush wives phenomenon
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Merging Responsibilities Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-07-12 Alexa Koenig, Anthony Ghaly, Simone Lieban Levine
In emergent fields of practice, there is often an ‘ethics lag’ — a period of significant innovation during which the focus is on what can be accomplished more than on the safeguards that should be put in place to protect the public from the unanticipated consequences of that innovation. This is true of the emergent field of digital open-source investigations conducted for international criminal justice
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Fabricated Legality Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-07-08 Lavinia Parsi
In the wake of the increased regulation of armed conflicts, legal interpretation by government lawyers has become crucial in shaping state policies, particularly during times of war. This article explores the scenarios where state policies that have been positively sanctioned by legal professionals potentially amount to international crimes, raising questions of accountability. By examining historical
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Epistemic Injustice at the ICC? Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-07-08 Hayley N Evans, Mahir Hazim
This article empirically assesses the role third-party evidence has played in the Office of the Prosecutor’s (OTP) initiation of an investigation into the Afghanistan Situation at the International Criminal Court (ICC). After finding that most of the evidence upon which the OTP relied in its request to initiate an investigation is from third parties, this article classifies and ranks the categories
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Can They Deliver? Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-07-06 Andrea Furger
Joint Investigation Teams or JITs are practical mechanisms of cooperation that are established between two or more states to, jointly, conduct criminal investigations. Increasingly used in investigations into core international crimes (war crimes, genocide, crimes against humanity and the crime of aggression), JITs are understudied in the field of international criminal law. This article examines how
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Ecocide, Sustainable Development and Critical Environmental Law Insights Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-06-25 Liana Georgieva Minkova
Advocates of the criminalization of ecocide face a dilemma: how to address activities that bring socio-economic benefits and cause severe environmental damage. The solution has generally been seen in the integration of international environmental law (IEL) norms, such as balancing sustainability with development, into the definition of ecocide. This article challenges the uncritical adoption of IEL
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The Barlonyo Massacre, Ongwen’s Trial, and ICC Reparations: Reflections on the Dynamics of Expectations and Disappointment Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-06-22 Kirsten J Fisher
The International Criminal Court’s reparations mandate is a core feature of the court’s ‘more victim-centric approach’ to criminal justice. While there has been interest in victims’ expectations and satisfaction in regard to the court’s cases, scholars have focused on victims’ participation in trials and not how expectations and disappointment are influenced by investigations, the passage of time,
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Building An Abolition Movement for International Criminal Law? Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-06-12 Sophie Rigney
International criminal law is a carceral system, which responds to mass atrocities by holding some individuals criminally responsible for these events and then, generally, imprisoning those individuals. I ask what alternative responses might be envisaged, and if we can build a carceral abolitionist movement for international criminal law. Such a movement would refuse imprisonment and policing as the
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Resisting the State Crimes of the Global North Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-06-01 Natalie Hodgson
Civil society actors are increasingly turning to international criminal law in response to harmful conduct by the states of the Global North. Legal and strategic concerns have been raised about this practice. It is unclear whether the International Criminal Court will ever be able or willing to effectively respond to the conduct of states, particularly the powerful states of the Global North. However
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Polar Bears and Gavels Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-05-29 Daniel Bertram, George Hill
This article analyses the increasingly pervasive enrolment of visual materials in the evolution and contestation of international criminal justice. We posit that this emerging field of ‘visual advocacy’ is transforming how international criminal law is produced and perceived. Visual advocacy stands to complement and reinforce, but also to challenge and subvert conventional norms and narratives. To
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The Role of Civil Society in Promoting Corporate Accountability for International Crimes Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-05-22 John M B Balouziyeh, Stephen J Rapp
This article examines the role that civil society has played in pursuing corporate accountability for international crimes. The article is divided into five main parts. Following a general introduction in Section 1, Section 2 sets forth the definitions used throughout this article and the methodology used to carry out the research. Section 3 covers cases at international tribunals, beginning with an
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Is International Criminal Law Ready to Accommodate Online Harm? Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-05-09 Sarah Zarmsky
New technologies have the potential to both advance accountability for international crimes and to aid in their perpetration. Most of the existing literature to date focuses on the former, such as how digital evidence can be used in international criminal law (ICL) proceedings, or in the case of the latter, has taken a mainly rights-based approach (such as how technology can infringe upon rights to
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The Ten-Year Revolution Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-05-07 Federica D’Alessandra
This article reviews the evolution of the role of civil society documentation efforts in international justice proceedings since 2013 circa. It is written from my personal perspective by virtue of my involvement in a series of initiatives aimed to strengthen civil society’s (as well as other international justice actors’) documentation efforts through the collection of standards and best practices
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Who Acts When Autonomous Weapons Strike? Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-01-30 Paola Gaeta
This essay examines the theories according to which ‘actions’ carried out by autonomous weapon systems enabled by strong artificial intelligence in detecting, tracking and engaging with the target (‘intelligent AWS’) may be seen as an ‘act’ of the weapon system for the purpose of legal responsibility. The essay focuses on the material act required for the commission of war crimes related to prohibited
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On the Relationship Between German International Criminal Law and Counter-terrorism Criminal Law Journal of International Criminal Justice (IF 1.5) Pub Date : 2024-01-10 Julia Geneuss
In many cases, and, in particular, in cases concerning crimes committed in the Syrian conflict, an overlap can be identified between international criminal law and counter-terrorism criminal law. The reason for this is the approximative and normative intertwining of these two areas in German criminal law. By way of counter-terrorism criminal law, Germany implemented an organizational crime of membership
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Context Matters Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-12-05 Yulia Nuzban
In seven trials to date, the International Criminal Court (ICC) has relied on the expertise of historians, anthropologists and political scientists to provide historical and political context. Overview expert witnesses help the judges appreciate the evidence of charged crimes in a wider context of conflict and violence. In this article, I consider the fundamental purpose and factors militating in favour
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‘Is It Too Late Now to Say Sorry?’ Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-11-07 Radhika Kapoor
This article explores the use of remorse as a source of leniency at international criminal tribunals. It outlines the difficulties that beset international tribunals’ attempts to develop a clear, consistent conceptualization of the idea of remorse. Using a range of perspectives, it offers ways forward in terms of both comprehending remorse, as experienced by perpetrators of international crimes, and
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Room for Improvement Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-11-07 Wolfgang Kaleck, Andreas Schüller
Twenty years after the entry into force of the German Code of Crimes Against International Law, it is time for a critical assessment of its implementation and impact in practice. While a number of trials have been conducted and a certain prosecutorial practice has been established during the last decade, the law and practice nevertheless leave room for some criticism. This article addresses some of
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A Short History of Prosecuting Crimes under International Law in Germany Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-10-24 Florian Jeßberger
This article takes the 20th anniversary of the entering into force of the German Code of Crimes against International Law (Völkerstrafgesetzbuch, CCAIL) as an opportunity to offer a historical review of the prosecution of international crimes in (West-)Germany. Starting from the post-World War II period, it flags early milestones, including efforts to hold accountable before German courts those involved
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UN Accountability Mandates in International Justice Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-10-24 Federica D’Alessandra
This article discusses an important international justice development, and specifically the rise of a new generation of ‘accountability mandates’ at the United Nations (UN). Often created in response to mass atrocities alleged in country situations falling outside of the International Criminal Court’s jurisdiction, UN accountability mandates are generally tasked to collect, consolidate, preserve, and
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Autonomous Weapon Systems, Errors and Breaches of International Humanitarian Law Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-10-20 Abhimanyu George Jain
An error in the operation of an autonomous weapon system (AWS) results in civilians or civilian objects being attacked. In such situations, have civilians or civilian objects been ‘made the object of attack’, such that there is a breach of the rule prohibiting attacks against civilians or civilian objects? This question — which is important because of the high probability of such errors — forms the
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The German Code of Crimes Against International Law at Twenty Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-10-20 Stefanie Bock
More than 20 years ago — on 30 June 2002 and thus one day prior to the Rome Statute of the International Criminal Court — the German Code of Crimes Against International Law (CCAIL) entered into force and since then allows for the national prosecution of the international core crimes. The most far-reaching innovation of the CCAIL is its broad jurisdictional reach. It is based on the principle of universal
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The Admission of New Prosecutorial Evidence in International Criminal Retrials Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-10-20 Adaena Sinclair-Blakemore
On 31 May 2023, the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals (IRMCT) delivered its judgment in Stanišić and Simatović, marking the conclusion of the first full retrial in the history of international criminal law and providing occasion to reflect on how retrials before the International Criminal Court and other international criminal tribunals ought to be conducted
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Gender and Forced Displacement at the International Criminal Court Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-10-11 Emma Palmer
International criminal courts and tribunals have missed opportunities to recognize gendered experiences, including when addressing crimes without a clearly sexual component. The International Criminal Court (ICC) has an opportunity to take a different approach when considering the crime against humanity of deportation in its Bangladesh/Myanmar proceedings. While the prevalence of sexual and other gendered
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Convicting Autonomous Weapons? Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-10-11 Thomas Weigend
If autonomous weapon systems (AWS) cause harm beyond their legitimate military use, e.g., by killing innocent civilians, the question arises as to who can be held responsible. Due to the great number of persons involved in the construction, programming, training, and deploying of AWS, a ‘responsibility gap’ has been diagnosed. As it is neither theoretically nor practically feasible to impose criminal
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Crime of Aggression against Ukraine Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-10-07 Patrycja Grzebyk
In the discourse around prosecution of perpetrators of the crime of aggression against Ukraine, there is a need to consider the impact of Eastern European regional norms, both treaty-based and customary. This concerns both the interpretation of principles of responsibility for the crime of aggression as well as the modes of prosecution thereof. The article argues that, in Eastern Europe, the crime
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International Criminal Court Standards in a Context of Transitional Justice Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-09-30 Carlos Gutiérrez-Rodríguez
On October 2021, Colombia and the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) signed a Cooperation Agreement that closed the preliminary examination opened in 2004. This is the first agreement of its kind. This article analyses the evolution of the OTP’s reasoning in considering whether a state has genuinely administered justice in a transitional context. To do so, it chronologically
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Australia’s Investigation of Alleged ADF War Crimes in Afghanistan Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-09-25 Julia Flint
This article examines Australia’s obligation to investigate war crimes in the context of its obligations under the Rome Statute of the International Criminal Court (ICC). This obligation is contrasted with Australia’s investigation of war crimes to date, with a particular focus on the current investigations into alleged war crimes by Australian Defence Forces in Afghanistan. The article then discusses
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Criminal Responsibility by Omission for Failures to Stop Autonomous Weapon Systems Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-09-17 Marta Bo
This article deals with establishing the criminal responsibility, through the model of commission by omission, of autonomous weapon systems (AWS) users in situations where failures to suspend AWS-driven attacks have caused a war crime. The author tackles the question of whether an omission to stop such an AWS may amount to the actus reus of war crimes of unlawful attacks and does so by establishing
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International Law Rejects Immunity for International Crimes — Full Stop Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-09-10 Chile Eboe-Osuji
As far back as 1994, Sir Arthur Watts QC, a pre-eminent international jurist of his time, put the matter of head of state immunity for international crimes in these unequivocal terms: ‘It can no longer be doubted that as a matter of general customary international law a Head of State will personally be liable to be called to account if there is sufficient evidence that he authorized or perpetrated
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Profiteers of Misery Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-08-09 Jeremy Pizzi
Since its hailing as the ‘supreme international crime’ during the Nuremberg Trials, aggression has largely been neglected relative to other core international crimes. However, the escalation of the Russo-Ukrainian War starting in early 2022 is being held as an opportunity to breathe new life into this de facto dormant norm. This article seeks to address novel concerns as to the scope of liability permitted
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War Crimes Involving Autonomous Weapons Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-08-09 Dustin A Lewis
This article identifies and evaluates key international legal aspects concerning three notions that have figured in debates on war crimes involving an autonomous weapon system (AWS): responsibility, liability and accountability. It focuses on the general contours of the existing international law of armed conflict, also known as international humanitarian law (IHL), and related fields, concepts and
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Crimes without Humanity?: Artificial Intelligence, Meaningful Human Control, and International Criminal Law Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-07-26 Guido Acquaviva
The development of autonomous weapons systems (AWS) and, more generally, the role of artificial intelligence in warfare, may come to pose unprecedented challenges to criminal law, including by making it harder to link harm to individuals who can be held responsible, due to the pivotal role of the concepts of actus reus, mens rea and causation in that domain. In this context, the notion of meaningful
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Of Crimes and Crowns Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-07-23 Marco Bocchese
This article explains variation in state cooperation with International Criminal Court (ICC)’s investigations and prosecutions across cases and over time. The idea motivating this study stems from the observation of the mixed record of state cooperation with ICC operations. For legal professionals and scholars this observation is puzzling, since states falling within the ICC’s territorial jurisdiction
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Understanding Russia’s Actions in Ukraine as the Crime of Genocide Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-06-14 Denys Azarov, Dmytro Koval, Gaiane Nuridzhanian, Volodymyr Venher
The new wave of Russia’s aggression against Ukraine that began on 24 February 2022, and the intensification of the armed conflict accompanied by grave breaches of international humanitarian law, has received significant scholarly attention. Many academic interventions have examined the developments in Ukraine through the frameworks of jus ad bellum and jus in bello. Some, however, have applied a genocide
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What is Sexual about Sexual Violence? Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-06-01 Ciara Laverty
Responding to the wider concern with how to understand the connections between sex and violence in the context of conflict-related sexual violence, this article examines how international criminal law constructs what is sexual about sexual violence. The article adopts a narrative expressivist approach to the knowledge generating effects of international criminal proceedings, using a discourse analysis
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‘He Offered a Prayer for the Flier He Had Just Killed’ Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-06-01 Jamie Fellows, Mark David Chong
The US Army war crimes trials held in Manila from 1945 to 1947 prosecuted around 200 Japanese military personnel for war crimes committed against US prisoners of war and Filipino non-combatants. Japanese defendants attempted to argue, with little success, that the defence of superior orders justified their actions. General Douglas MacArthur (Supreme Commander for the Allies in the Pacific or SCAP)
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Conscription to Fight a War of Aggression under International Criminal Law Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-05-17 Neil Boister
The criminalization of the unlawful use of force in international relations is not usually linked to conscription of an army to fight such a war. However, historical precedent in the Nuremberg and Tokyo International Military Tribunals established that conscription was part of the common plan to wage a war of aggression. After a brief history of conscription and its justifications, this article examines
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Relocation Issues of Released and Acquitted at International Criminal Courts and Tribunals Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-04-06 Cécile Lecolle
The study of the treatment of released and acquitted persons by international courts and tribunals (ICTs) has been one of the most neglected aspects of international criminal justice. The system rests on the cooperation of states with the ICTs. However, this cooperation when it exists, often ceases when the trial has ended. Regarding the objective of delivering justice, states appear to have either
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Terminal Illness and Compassionate Release Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-04-02 Róisín Mulgrew
International prisoners can apply for early release. However, terminally ill prisoners seeking release in the international criminal justice system face significant legal and practical obstacles. This is particularly the case for prisoners convicted by the International Criminal Court (ICC): there is currently no framework for granting compassionate release prior to serving the statutory required amount
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The Aftermath of Dutch International Crimes Cases Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-03-27 Maarten P Bolhuis, Joris van Wijk
This article describes the scale and nature of international crimes prosecutions in the Netherlands and maps the different scenarios that (may) unfold when criminal proceedings against a migrant suspect of international crimes conclude after acquittal or completion of a sentence. The article is based on an analysis of academic literature, Dutch legislation and case law, policy documents, and media
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Life After Conviction at the International Criminal Tribunal for the former Yugoslavia Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-03-08 Lina Strupinskienė
Of the 92 persons convicted at the International Criminal Tribunal for the former Yugoslavia (ICTY), 60 have already served their sentences and been released. Even though in post-conflict environments, the public behaviour of perpetrators can help counter (atrocity crime) denial, establish an authoritative version of the truth and contribute to sustainable reconciliation, we still know little about
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The Evolution of the Procedure for Reviewing Victim Applications at the International Criminal Court Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-03-02 Karen Lønne Ring
At the International Criminal Court (ICC), victims can participate in proceedings. However, in order to gain access to the Court, victims must first apply to be recognized. The scope of victims’ rights and who theoretically qualifies as a victim in international criminal law has been discussed extensively, but the procedure for applying the definitions in practice and granting access to these rights
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There is Something Special about War Criminals … Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-03-02 Barbora Holá, Maja Munivrana
This article assesses how the rehabilitation of perpetrators of international crimes is being constructed and evaluated at the domestic level, in particular in Croatia, and how it compares to international practice at the International Criminal Tribunal for the former Yugoslavia (ICTY) or International Residual Mechanism for Criminal Tribunals (IRMCT). The analysis is based on a convenience sample
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A Cage Went in Search of a Bird Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-03-02 Thijs B Bouwknegt, Bart Nauta
What happens to people who are accused of atrocity crimes at the bar of public opinion, are publicly indicted, prosecuted, tried, acquitted of criminal charges and then released? Does the mud stick? Or can the dirt also turn into gold, after legal exoneration and possible compensation? This article seeks to trigger a conversation on the international justice community’s stance on condemnation, compensation
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Obligations to ‘Strangers’ Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-02-13 Owiso Owiso
Proceeding from the assumption that international criminal justice is a cosmopolitan project, the article advances a reconceptualized understanding of cosmopolitanism as a theoretical basis for collective action in ensuring accountability for international crimes. The article examines the building blocks of cosmopolitanism, and how the concept’s emphasis on equality and unity of the human family can
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German Crimes and Italian Money? Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-02-10 Paolo Caroli
On 29 June 2022, the Italian Parliament approved Law no. 79, which converted — with amendments — Article 43 of Decree-Law no. 36/2022 of 30 April 2022 into law, possibly marking the final stage of the long saga of the German–Italian dispute over Germany’s civil liability for Nazi crimes against the Italian population during World War II. The Decree-Law was originally issued, as a matter of urgency
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Accessory After the Fact at the International Criminal Court? Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-02-07 Manuel J Ventura
It has generally been understood that international criminal law recognizes ex post facto aiding and abetting as a mode of liability but not the standalone offence commonly known, in many states, as accessory after the fact. However, as this article reveals, the authentic Spanish text of Article 25(3)(c) of the Rome Statute of the International Criminal Court (‘ICC Statute’) includes the word ‘encubridor’
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The Intersection of International Environmental Law and International Humanitarian Law at Sea Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-02-01 Andrew Norris
The maritime domain, largely comprised of international ‘commons’ covering more than 70% of the Earth’s surface, presents some unique challenges in identifying, much less reconciling, applicable International Environmental Law (IEL) and International Humanitarian Law (IHL) principles. This article posits that the 1982 United Nations Convention on the Law of the Sea, particularly its prescriptive and
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The Regulation of Hazardous Substances and Activities During Warfare Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-01-31 Jérôme de Hemptinne
Although hazardous activities and substances create significant environmental risks and damage during warfare, international humanitarian law contains very few provisions that specifically address this question. To reinforce the protection of the environment, these provisions should be interpreted in light of — and complemented by — international environmental instruments adopted during the last decades
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The Legal Protection of Freshwater Resources and Related Installations during Warfare Journal of International Criminal Justice (IF 1.5) Pub Date : 2023-01-25 Mara Tignino, Tadesse Kebebew
Armed conflicts have an impact on freshwater resources and often damage water installations, which could be targeted or incidentally damaged, affecting water quality and quantity and limiting access for the civilian population. Thus, in situations of armed conflict, protecting freshwater resources and related installations becomes essential. International humanitarian law (IHL) and international environmental
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Using International Environmental Law to Enhance Biodiversity and Nature Conservation During Armed Conflict Journal of International Criminal Justice (IF 1.5) Pub Date : 2022-12-22 Karen Hulme
Biodiversity and nature are severely impacted by armed conflict, particularly those fought in biodiversity-rich environments. Whether harm is caused directly by bullets and bombs, through the seepage of toxic chemicals into rivers and soils, the ground-churning tracks of tanks, or the ‘conservation vacuum’ the result is often the same — severe, possibly permanent, ecological change. International humanitarian
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Prosecuting Aggression against Ukraine as an ‘Other Inhumane Act’ before the ICC Journal of International Criminal Justice (IF 1.5) Pub Date : 2022-12-16 Giulia Pinzauti, Alessandro Pizzuti
This article revisits the possibility of prosecuting the underlying acts of aggression as crimes against humanity before the International Criminal Court, with specific reference to the February 2022 unlawful use of force against Ukraine by the Russian Federation. The authors argue that Russia’s unlawful use of force in breach of the right to self-determination of the Ukrainian people, which caused
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When International Legal Standards Meet Transitional Justice Processes Journal of International Criminal Justice (IF 1.5) Pub Date : 2022-12-07 Walter Arévalo-Ramírez, Pauline Martini
The present contribution explores the interactions between international legal standards, as determined by the Rome Statute of the International Criminal Court (ICC), and national law before the Colombian Special Jurisdiction for Peace (SJP), and studies their respective rationales. It contrasts two situations: divergences between the two regimes, on the one hand, and their convergences on the other