International Criminal Law Review最新文献

More than 50 years have passed since the first proposal of a crime of ecocide under international criminal law. What seemed to be slow progress at first reached a peak of proliferation in public-legal discussion over the recent years. This paper is an effort to recapitulate the development of ecocide as a crime, analysing the different proposals from a critical point of view that will attempt to crystallise the challenges that they present. This analysis will be based on four main criteria: (a) the punishable conduct described, which will necessarily raise the discussion of the anthropocentric vis-à-vis an ecocentric vision; (b) the subjective element proposed and its compatibility with the Rome Statute; (c) the possible perpetrator; and (d) the legal instrument through which it is sought to be enshrined. Finally, we present certain guidelines regarding an International Criminal Court for the Environment and its compatibility with the International Criminal Court.

The Reform Movement initiated in 1998 in Indonesia signaled a critical juncture, aimed at dismantling the deeply ingrained corruption that characterized the Soeharto era. Despite considerable legislative initiatives, judicial corruption persists as a formidable obstacle to the effective administration of justice. This study employs progressive law theory to rigorously examine the complex dimensions of judicial corruption, its profound repercussions on the legal framework, and the urgent necessity for substantial legal reforms. Through an exploration of the mechanisms by which corruption infiltrates judicial systems, alongside the systemic alterations necessary for the strengthening of legal institutions, this analysis integrates theoretical perspectives with empirical research to propose a comprehensive framework for enduring anti-corruption strategies specifically designed for Indonesia’s judicial landscape.

This essay thoroughly examines the otpor! movement’s strategic and tactical endeavors from 1998 to 2000, when it played a pivotal role in challenging and eventually overthrowing Slobodan Milošević’s autocratic regime. The paper critically dissects the movement’s strategic and tactical frameworks, elucidating their interconnectedness within nonviolent struggle. Central to otpor!’s effectiveness was its deliberate avoidance of overt political ambitions and alignment with the youth demographic. The movement projected itself as singularly committed to unseating an autocratic leader, countering regime propaganda by foregrounding the nation’s welfare above narrow political interests. The trajectory of the otpor! movement underscores the intricate interplay between strategy and tactics in successful nonviolent movements. By orchestrating a meticulously constructed long-term strategy alongside various innovative tactical maneuvers, otpor! effectively harnessed public sentiment, countered regime dominance and decisively contributed to Serbia’s democratization.

In 1990, after 17 years of authoritarian rule under inaugural president, Kenneth Kaunda, Zambia looked to be on the precipice of prolonged instability and violence. Authoritarianism showed no signs of softening; the country’s economic decline continued to heap misery on a population where the vast majority were already living in poverty; and the banning of opposition parties in 1973 meant that there was no legitimate political opposition to challenge to Kaunda’s rule. Over the 1970s and 1980s, opposition to Kaunda found expression in various civil society organisations, eventually coalescing into a broad-church Movement for Multiparty Democracy (mmd). When the price of the national staple, maize, doubled overnight, protests quickly escalated into riots, killing dozens. However, instead of an escalation of violence, the mmd pushed Kaunda to engage in political reform. What followed was a decision by Kaunda to lift the ban on opposition parties, leading to his electoral defeat. How did the growing opposition rule precipitate a peaceful transition to multi-party democracy? In this article I argue that Kaunda’s inclusive ideology, which avoided the politicization of ethnicity allowed for a more inclusive and peaceful transition away from authoritarian rule.