Pub Date : 2023-06-23DOI: 10.1163/15718123-bja10148
M. Christensen
This article analyses the sociological foundations of the elite power in the field of international criminal justice. Building on a multiple correspondence analysis of 365 elite agents, the article shows how different accumulations of cultural, economic and social capital structure relations between elite groups active in the fight against atrocity crimes. Building on its analysis of these forms of capital, the article investigates how different combinations of capital empower specific elites to broker connections between social groups in and at the border of the field of international criminal justice. Analysing such forms of intra- or inter-field brokerage, the article shows how they allow specific elites to access and exert institutional and networked power that can be used to affect existing and craft new international criminal justice initiatives.
{"title":"Capital and Brokerage in International Criminal Justice: Elite Power in and at the Border of the Field","authors":"M. Christensen","doi":"10.1163/15718123-bja10148","DOIUrl":"https://doi.org/10.1163/15718123-bja10148","url":null,"abstract":"\u0000This article analyses the sociological foundations of the elite power in the field of international criminal justice. Building on a multiple correspondence analysis of 365 elite agents, the article shows how different accumulations of cultural, economic and social capital structure relations between elite groups active in the fight against atrocity crimes. Building on its analysis of these forms of capital, the article investigates how different combinations of capital empower specific elites to broker connections between social groups in and at the border of the field of international criminal justice. Analysing such forms of intra- or inter-field brokerage, the article shows how they allow specific elites to access and exert institutional and networked power that can be used to affect existing and craft new international criminal justice initiatives.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49479484","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1163/15718123-bja10153
Andy Aydın-Aitchison
Abstract The paper reflects on the value of linking criminological research on atrocity with that on serious economic crime. The two areas of criminological research are outlined briefly, before common challenges around complexity and interdependence are set out. An example of a criminal career encompassing both atrocity and serious economic criminality is put forward to support claims that atrocity and economic crime can usefully be studied together. Three further examples of research are discussed to show the possible merits of bringing together two criminological strands. Ultimately, studying the two forms of criminality together would respect the lived experience of victims, who see firsthand how atrocity and serious economic crime go hand in hand.
{"title":"Bringing Together the Criminologies of Atrocity and Serious Economic Crimes","authors":"Andy Aydın-Aitchison","doi":"10.1163/15718123-bja10153","DOIUrl":"https://doi.org/10.1163/15718123-bja10153","url":null,"abstract":"Abstract The paper reflects on the value of linking criminological research on atrocity with that on serious economic crime. The two areas of criminological research are outlined briefly, before common challenges around complexity and interdependence are set out. An example of a criminal career encompassing both atrocity and serious economic criminality is put forward to support claims that atrocity and economic crime can usefully be studied together. Three further examples of research are discussed to show the possible merits of bringing together two criminological strands. Ultimately, studying the two forms of criminality together would respect the lived experience of victims, who see firsthand how atrocity and serious economic crime go hand in hand.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135776475","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-30DOI: 10.1163/15718123-bja10152
W. Nortje
The sexual abuse of boy soldiers is a matter that has unfortunately not received the judicial and academic attention it deserves. Boy soldiers have been sexually abused not only by male commanders but also female commanders and other offenders. International Criminal Law has opted to focus on the prosecution of those most responsible for committing sexual violence against women and children. Boys are often mentioned in passing. This article challenges this view. It does so by looking at a special case in Northern Uganda where boy soldiers in the Lord’s Resistance Army was sexually abused. The article then examines several cases where International Courts have dealt with the sexual abuse of males, since the abuse of boy soldiers have not been adjudicated internationally. The article then looks at the reasons why there is a silence among those boys who are sexually abused and recommendations are proffered.
{"title":"The Sexual Abuse of African Boy Soldiers by Male and Female Offenders: the Need for an International Criminal Law Response","authors":"W. Nortje","doi":"10.1163/15718123-bja10152","DOIUrl":"https://doi.org/10.1163/15718123-bja10152","url":null,"abstract":"\u0000The sexual abuse of boy soldiers is a matter that has unfortunately not received the judicial and academic attention it deserves. Boy soldiers have been sexually abused not only by male commanders but also female commanders and other offenders. International Criminal Law has opted to focus on the prosecution of those most responsible for committing sexual violence against women and children. Boys are often mentioned in passing. This article challenges this view. It does so by looking at a special case in Northern Uganda where boy soldiers in the Lord’s Resistance Army was sexually abused. The article then examines several cases where International Courts have dealt with the sexual abuse of males, since the abuse of boy soldiers have not been adjudicated internationally. The article then looks at the reasons why there is a silence among those boys who are sexually abused and recommendations are proffered.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47551142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-27DOI: 10.1163/15718123-bja10151
Andrés Payer
Abstract The purpose of this article is to explore the scope of the territorial principle under (customary) international law, with a particular focus on cases of cross-border offences and attempts, and multiple parties to an offence acting in different countries. Our analysis will begin with an examination of the foundations and limits of state criminal jurisdiction and the territorial principle in general. In this context, we will also discuss the justification of this principle vis-à-vis other states and its relationship to other jurisdictional principles. In order to determine the pertinent contours of customary international law, we will use an approach that is both inductive and deductive, and, as such, involves the reporting on and analysis of relevant state practice.
{"title":"The Territorial Principle as a Basis for State Criminal Jurisdiction: Particularly with Regard to Cross-Border Offences and Attempts, and to Multiple Parties to an Offence Acting in Different Countries","authors":"Andrés Payer","doi":"10.1163/15718123-bja10151","DOIUrl":"https://doi.org/10.1163/15718123-bja10151","url":null,"abstract":"Abstract The purpose of this article is to explore the scope of the territorial principle under (customary) international law, with a particular focus on cases of cross-border offences and attempts, and multiple parties to an offence acting in different countries. Our analysis will begin with an examination of the foundations and limits of state criminal jurisdiction and the territorial principle in general. In this context, we will also discuss the justification of this principle vis-à-vis other states and its relationship to other jurisdictional principles. In order to determine the pertinent contours of customary international law, we will use an approach that is both inductive and deductive, and, as such, involves the reporting on and analysis of relevant state practice.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":"401 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135891741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-27DOI: 10.1163/15718123-bja1015
Andrés Payer
The purpose of this article is to explore the scope of the territorial principle under (customary) international law, with a particular focus on cases of cross-border offences and attempts, and multiple parties to an offence acting in different countries. Our analysis will begin with an examination of the foundations and limits of state criminal jurisdiction and the territorial principle in general. In this context, we will also discuss the justification of this principle vis-à-vis other states and its relationship to other jurisdictional principles. In order to determine the pertinent contours of customary international law, we will use an approach that is both inductive and deductive, and, as such, involves the reporting on and analysis of relevant state practice.
{"title":"The Territorial Principle as a Basis for State Criminal Jurisdiction: Particularly with Regard to Cross-Border Offences and Attempts, and to Multiple Parties to an Offence Acting in Different Countries","authors":"Andrés Payer","doi":"10.1163/15718123-bja1015","DOIUrl":"https://doi.org/10.1163/15718123-bja1015","url":null,"abstract":"\u0000The purpose of this article is to explore the scope of the territorial principle under (customary) international law, with a particular focus on cases of cross-border offences and attempts, and multiple parties to an offence acting in different countries. Our analysis will begin with an examination of the foundations and limits of state criminal jurisdiction and the territorial principle in general. In this context, we will also discuss the justification of this principle vis-à-vis other states and its relationship to other jurisdictional principles. In order to determine the pertinent contours of customary international law, we will use an approach that is both inductive and deductive, and, as such, involves the reporting on and analysis of relevant state practice.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49342458","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-24DOI: 10.1163/15718123-bja10150
Megumi Ochi
Abstract The current oversimplification of the amnesty issue has created a narrative that international law prohibits granting and admitting the effect of amnesties for core crimes. However, even if a domestic amnesty is found illegal under international law, it is still valid at the national level. The International Criminal Court ( icc ) cannot ignore the existence of and the legal consequences of such ‘illegal’ amnesties in assessing the admissibility of a case. This article categorises amnesties into three types and clarifies the legal and factual effects of internationally illegal domestic amnesties for the icc and the legal logic under which the icc treats such amnesties at the admissibility stage based on the developing applicable laws. This study provides clear guidelines on the conditions that would make a case inadmissible before the icc for both the chambers and the domestic policy makers and legislators who design amnesties.
{"title":"Taking Illegal Amnesties Seriously: Threefold Approach to the Admissibility Test before the International Criminal Court","authors":"Megumi Ochi","doi":"10.1163/15718123-bja10150","DOIUrl":"https://doi.org/10.1163/15718123-bja10150","url":null,"abstract":"Abstract The current oversimplification of the amnesty issue has created a narrative that international law prohibits granting and admitting the effect of amnesties for core crimes. However, even if a domestic amnesty is found illegal under international law, it is still valid at the national level. The International Criminal Court ( icc ) cannot ignore the existence of and the legal consequences of such ‘illegal’ amnesties in assessing the admissibility of a case. This article categorises amnesties into three types and clarifies the legal and factual effects of internationally illegal domestic amnesties for the icc and the legal logic under which the icc treats such amnesties at the admissibility stage based on the developing applicable laws. This study provides clear guidelines on the conditions that would make a case inadmissible before the icc for both the chambers and the domestic policy makers and legislators who design amnesties.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136166521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-17DOI: 10.1163/15718123-bja10149
Simone Antonio Luciano
This article investigates whether crimes of starvation not committed as a method of warfare could be prosecuted by the International Criminal Court. It assesses whether it is possible to use crimes already typified in the articles of the Rome Statute to prosecute all those cases of starvation that cannot be prosecuted as war crimes because they were committed neither during an armed conflict nor in association with an armed conflict. More specifically, it addresses the question of whether nowadays peacetime starvation could be prosecuted by the International Criminal Court as an act of genocide, an act of persecution, an act of extermination or as an “inhumane act”.
{"title":"Starvation at the International Criminal Court: Reflections on the Available Options for the Prosecution of the Crime of Starvation","authors":"Simone Antonio Luciano","doi":"10.1163/15718123-bja10149","DOIUrl":"https://doi.org/10.1163/15718123-bja10149","url":null,"abstract":"\u0000This article investigates whether crimes of starvation not committed as a method of warfare could be prosecuted by the International Criminal Court. It assesses whether it is possible to use crimes already typified in the articles of the Rome Statute to prosecute all those cases of starvation that cannot be prosecuted as war crimes because they were committed neither during an armed conflict nor in association with an armed conflict. More specifically, it addresses the question of whether nowadays peacetime starvation could be prosecuted by the International Criminal Court as an act of genocide, an act of persecution, an act of extermination or as an “inhumane act”.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42341434","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-01DOI: 10.1163/15718123-bja10147
Rachele Marconi
The contribution aims at analysing the role of international solidarity movements in seeking justice for international war crimes against women. Through the example of the ‘comfort women’ case, the article examines the ways in which these international solidarity movements have used international law instruments and institutions to promote the idea of an individual right to reparation as a means by which victims can obtain justice. Two specific legal features of this case show the international solidarity movements’ engagement with international law over the last decades: first, the establishment of the Women’s Tokyo Tribunal, and, second, the judicial mobilisation of international civil society actors before national courts. It is argued that the international solidarity movements have informed the legal concepts, paradigms, and language used to legally analyse the ‘comfort women’ case, and, to a certain extent, they have influenced some recent jurisprudential developments, especially in the legal arguments invoked by the national courts that have decided on the claims of ‘comfort women’. Ultimately, the ‘comfort women’ case demonstrates how the solidarity of international civil society actors towards a specific group of victims can be essential in order, first, to achieve post-conflict justice and, second, to progressively develop international law towards the advancement of legal standards of protection for individuals.
{"title":"Seeking Justice for Women: Potential and Limits of International Solidarity Movements","authors":"Rachele Marconi","doi":"10.1163/15718123-bja10147","DOIUrl":"https://doi.org/10.1163/15718123-bja10147","url":null,"abstract":"\u0000The contribution aims at analysing the role of international solidarity movements in seeking justice for international war crimes against women. Through the example of the ‘comfort women’ case, the article examines the ways in which these international solidarity movements have used international law instruments and institutions to promote the idea of an individual right to reparation as a means by which victims can obtain justice. Two specific legal features of this case show the international solidarity movements’ engagement with international law over the last decades: first, the establishment of the Women’s Tokyo Tribunal, and, second, the judicial mobilisation of international civil society actors before national courts. It is argued that the international solidarity movements have informed the legal concepts, paradigms, and language used to legally analyse the ‘comfort women’ case, and, to a certain extent, they have influenced some recent jurisprudential developments, especially in the legal arguments invoked by the national courts that have decided on the claims of ‘comfort women’. Ultimately, the ‘comfort women’ case demonstrates how the solidarity of international civil society actors towards a specific group of victims can be essential in order, first, to achieve post-conflict justice and, second, to progressively develop international law towards the advancement of legal standards of protection for individuals.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42533437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-30DOI: 10.1163/15718123-bja10145
G. S. Gordon
This piece examines a hitherto underexplored legal history chapter in international criminal law pioneer Benjamin Ferencz’s career, and, based on that, offers fixes for problems in current atrocity victim law. Known primarily for his Nuremberg prosecutorial exploits, Ferencz actually spent most of his career innovatively seeking reparations for Holocaust survivors and then later, with the benefit of such experience, sought to ensure coverage of victims in the International Criminal Court’s Rome Statute. After examining this history, the article maps Ferencz’s trailblazing practices onto the atrocity victim lex lata. It then considers that law’s deficits, including front-end and back-end problems (i.e., at the investigation and early release application phases), International Criminal Court retributive versus reparative mission dissonance, inadequate funding, hindrances to proactive victim participation and victim exclusion in prosecuting aggression. For each problem, Ferencz’s history offers viable solutions, such as victim-oriented investigations, bifurcated retribution/restitution processes, bilateral treaty funding, transnational victim networking, and charging illegal use of force as crimes against humanity. As a result, perhaps such proposed modifications of the framework should not be called lex ferenda, but rather ‘lex ferencza.’
{"title":"Benjamin Ferencz and the Treatment of Victims in International Criminal Law: Mapping Out Lex Lata and Lex Ferenda (Ferencza?) in an Emerging Field","authors":"G. S. Gordon","doi":"10.1163/15718123-bja10145","DOIUrl":"https://doi.org/10.1163/15718123-bja10145","url":null,"abstract":"\u0000This piece examines a hitherto underexplored legal history chapter in international criminal law pioneer Benjamin Ferencz’s career, and, based on that, offers fixes for problems in current atrocity victim law. Known primarily for his Nuremberg prosecutorial exploits, Ferencz actually spent most of his career innovatively seeking reparations for Holocaust survivors and then later, with the benefit of such experience, sought to ensure coverage of victims in the International Criminal Court’s Rome Statute. After examining this history, the article maps Ferencz’s trailblazing practices onto the atrocity victim lex lata. It then considers that law’s deficits, including front-end and back-end problems (i.e., at the investigation and early release application phases), International Criminal Court retributive versus reparative mission dissonance, inadequate funding, hindrances to proactive victim participation and victim exclusion in prosecuting aggression. For each problem, Ferencz’s history offers viable solutions, such as victim-oriented investigations, bifurcated retribution/restitution processes, bilateral treaty funding, transnational victim networking, and charging illegal use of force as crimes against humanity. As a result, perhaps such proposed modifications of the framework should not be called lex ferenda, but rather ‘lex ferencza.’","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48234166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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