Pub Date : 2022-01-28DOI: 10.1163/15718123-bja10126
Patryk Gacka
Victims of international crimes suffer from various harms, losses and injuries sustained by them personally during or after acts of victimisation. While most harms take an immediate and easily identifiable form, some of them become visible only years later. Transgenerational harms belong to the latter category since they denote negative consequences of victimisation that are transmitted across generations. Those who sustain such harms, that is future victims, are not yet born when the crime is committed against their next of kin. Reflecting on the complex nature of transgenerational harms, this study examines two theories of transgenerational victimisation and asks whether future victims should receive reparations under Article 75 of the Rome Statute.
{"title":"Remote Victimisation and the Proximate Cause. Transgenerational Harms before the International Criminal Court","authors":"Patryk Gacka","doi":"10.1163/15718123-bja10126","DOIUrl":"https://doi.org/10.1163/15718123-bja10126","url":null,"abstract":"\u0000Victims of international crimes suffer from various harms, losses and injuries sustained by them personally during or after acts of victimisation. While most harms take an immediate and easily identifiable form, some of them become visible only years later. Transgenerational harms belong to the latter category since they denote negative consequences of victimisation that are transmitted across generations. Those who sustain such harms, that is future victims, are not yet born when the crime is committed against their next of kin. Reflecting on the complex nature of transgenerational harms, this study examines two theories of transgenerational victimisation and asks whether future victims should receive reparations under Article 75 of the Rome Statute.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48636778","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 : 2022-01-21DOI: 10.1163/15718123-bja10124
Hillary Hubley
This article explores how content moderation on social media platforms impacts the work of open-source investigators through its routine removal of content having evidentiary value. These practices have rendered social media platforms susceptible to public criticism and scrutiny. However, these criticisms have largely been levied by a community who cares about content removal’s impact on free expression online. This swath of concerns does not comport with those of international criminal investigators who have increasingly turned to platforms for evidence gathering. Rather than confronting the issue, investigators have absorbed the costs by downplaying the impact of content removal on their work and by seeking to preserve the content on their own. I examine the disconnect between these two groups in their respective approaches to the problem of content removal and argue that both communities can stand to benefit from joining forces and taking notice of the convergence of their respective concerns.
{"title":"Bad Speech, Good Evidence: Content Moderation in the Context of Open-Source Investigations","authors":"Hillary Hubley","doi":"10.1163/15718123-bja10124","DOIUrl":"https://doi.org/10.1163/15718123-bja10124","url":null,"abstract":"\u0000This article explores how content moderation on social media platforms impacts the work of open-source investigators through its routine removal of content having evidentiary value. These practices have rendered social media platforms susceptible to public criticism and scrutiny. However, these criticisms have largely been levied by a community who cares about content removal’s impact on free expression online. This swath of concerns does not comport with those of international criminal investigators who have increasingly turned to platforms for evidence gathering. Rather than confronting the issue, investigators have absorbed the costs by downplaying the impact of content removal on their work and by seeking to preserve the content on their own. I examine the disconnect between these two groups in their respective approaches to the problem of content removal and argue that both communities can stand to benefit from joining forces and taking notice of the convergence of their respective concerns.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45379226","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 : 2022-01-05DOI: 10.1163/15718123-bja10123
Roger Lu Phillips
{"title":"Beth Van Schaack, Imagining Justice for Syria","authors":"Roger Lu Phillips","doi":"10.1163/15718123-bja10123","DOIUrl":"https://doi.org/10.1163/15718123-bja10123","url":null,"abstract":"","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":"53 1","pages":"1-5"},"PeriodicalIF":0.3,"publicationDate":"2022-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138516264","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 : 2022-01-05DOI: 10.1163/15718123-bja10115
A. Herzberg
The International Criminal Court (icc) is an independent treaty-based international organisation acting in close cooperation with the United Nations (UN). To that end, organs of the Court have extensively relied on UN documentation in proceedings. These materials have been used to support grounds for the exercise of jurisdiction, demonstrate legal elements of crimes, and prove matters of fact. In recent practice, including in the situations of Palestine, Bangladesh/Myanmar, and Mali, UN materials have been used to establish legal and factual matters on the primary basis that they represent the ‘views of the international community’. This paper examines the ways in which Court organs rely on UN documentation in icc proceedings. It assesses the interplay of such information with rights of the accused. The paper concludes that in order to safeguard its credibility and the fairness of the proceedings, the Court should adopt specific guidelines relating to the evaluation of and admissibility of UN materials.
{"title":"The Role of UN Documentation in Shaping Narratives at the International Criminal Court and the Implications for the Rights of the Accused","authors":"A. Herzberg","doi":"10.1163/15718123-bja10115","DOIUrl":"https://doi.org/10.1163/15718123-bja10115","url":null,"abstract":"\u0000The International Criminal Court (icc) is an independent treaty-based international organisation acting in close cooperation with the United Nations (UN). To that end, organs of the Court have extensively relied on UN documentation in proceedings. These materials have been used to support grounds for the exercise of jurisdiction, demonstrate legal elements of crimes, and prove matters of fact. In recent practice, including in the situations of Palestine, Bangladesh/Myanmar, and Mali, UN materials have been used to establish legal and factual matters on the primary basis that they represent the ‘views of the international community’. This paper examines the ways in which Court organs rely on UN documentation in icc proceedings. It assesses the interplay of such information with rights of the accused. The paper concludes that in order to safeguard its credibility and the fairness of the proceedings, the Court should adopt specific guidelines relating to the evaluation of and admissibility of UN materials.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43097434","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 : 2021-12-29DOI: 10.1163/15718123-bja10122
G. Kemp
{"title":"Werner Nicolaas Nel, Grievous Religious Persecution: A Conceptualisation of Crimes Against Humanity of Religious Persecution","authors":"G. Kemp","doi":"10.1163/15718123-bja10122","DOIUrl":"https://doi.org/10.1163/15718123-bja10122","url":null,"abstract":"","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48115966","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 : 2021-12-17DOI: 10.1163/15718123-bja10121
N. Combs
{"title":"Evidentiary Deficiencies in International Criminal Law: Tracing the Trajectory from Ignored to Integral to Irrelevant","authors":"N. Combs","doi":"10.1163/15718123-bja10121","DOIUrl":"https://doi.org/10.1163/15718123-bja10121","url":null,"abstract":"","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45946704","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 : 2021-12-16DOI: 10.1163/15718123-bja10112
Raphaël van Steenberghe
International humanitarian law provides for fundamental guarantees, the content of which is similar irrespective of the nature of the armed conflict and which apply to individuals even if they do not fall into the categories of specifically protected persons under the Geneva Conventions. Those guarantees, all of which derive from the general requirement of human treatment, include prohibitions of specific conduct against persons, such as murder, cruel treatment, torture, sexual violence, or against property, such as pillaging. However, it is traditionally held that the entitlement to those guarantees depends upon two requirements: the ‘status requirement’, which basically means that the concerned persons must not or no longer take a direct part in hostilities, and the ‘control requirement’, which basically means that the concerned persons or properties must be under the control of a party to the armed conflict. This study argues in favour of breaking with these two requirements in light of the existing icc case law. That study is divided into two parts, with each part devoted to one requirement and made the object of a specific paper. The two papers follow the same structure. They start with general observations on the requirement concerned, examine the relevant icc case law and put forward several arguments in favour of an extensive approach to the personal scope of the fundamental guarantees. The first paper, which was published in the previous issue of this journal, dealt with the status requirement. It especially delved into the icc decisions in the Ntaganda case with respect to the issue of protection against intra-party violence. It advocated the applicability of the fundamental guarantees in such a context by rejecting the requirement of a legal status, on the basis of several arguments. Those arguments relied on ihl provisions protecting specific persons as well as on the potential for humanizing ihl on the matter and also on the approach making the status requirement relevant only when the fundamental guarantees apply in the conduct of hostilities. The second paper, which is published here, deals with the control requirement. It examines several icc cases in detail, including the Katanga and Ntaganda cases, in relation to the issue of the applicability of the fundamental guarantees in the conduct of hostilities. It is argued that the entitlement to those guarantees is not dependent upon any general control requirement, and that, as a result, some of these guarantees may apply in the conduct of hostilities. This concerns mainly those guarantees whose application or constitutive elements do not imply any physical control over the concerned persons or properties.
{"title":"Who Are Protected by the Fundamental Guarantees under International Humanitarian Law? Part 2: Breaking with the Control Requirement in Light of the icc Case Law","authors":"Raphaël van Steenberghe","doi":"10.1163/15718123-bja10112","DOIUrl":"https://doi.org/10.1163/15718123-bja10112","url":null,"abstract":"\u0000International humanitarian law provides for fundamental guarantees, the content of which is similar irrespective of the nature of the armed conflict and which apply to individuals even if they do not fall into the categories of specifically protected persons under the Geneva Conventions. Those guarantees, all of which derive from the general requirement of human treatment, include prohibitions of specific conduct against persons, such as murder, cruel treatment, torture, sexual violence, or against property, such as pillaging. However, it is traditionally held that the entitlement to those guarantees depends upon two requirements: the ‘status requirement’, which basically means that the concerned persons must not or no longer take a direct part in hostilities, and the ‘control requirement’, which basically means that the concerned persons or properties must be under the control of a party to the armed conflict. This study argues in favour of breaking with these two requirements in light of the existing icc case law. That study is divided into two parts, with each part devoted to one requirement and made the object of a specific paper. The two papers follow the same structure. They start with general observations on the requirement concerned, examine the relevant icc case law and put forward several arguments in favour of an extensive approach to the personal scope of the fundamental guarantees. The first paper, which was published in the previous issue of this journal, dealt with the status requirement. It especially delved into the icc decisions in the Ntaganda case with respect to the issue of protection against intra-party violence. It advocated the applicability of the fundamental guarantees in such a context by rejecting the requirement of a legal status, on the basis of several arguments. Those arguments relied on ihl provisions protecting specific persons as well as on the potential for humanizing ihl on the matter and also on the approach making the status requirement relevant only when the fundamental guarantees apply in the conduct of hostilities. The second paper, which is published here, deals with the control requirement. It examines several icc cases in detail, including the Katanga and Ntaganda cases, in relation to the issue of the applicability of the fundamental guarantees in the conduct of hostilities. It is argued that the entitlement to those guarantees is not dependent upon any general control requirement, and that, as a result, some of these guarantees may apply in the conduct of hostilities. This concerns mainly those guarantees whose application or constitutive elements do not imply any physical control over the concerned persons or properties.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43557727","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 : 2021-12-15DOI: 10.1163/15718123-20210001
{"title":"International Criminal Law Review","authors":"","doi":"10.1163/15718123-20210001","DOIUrl":"https://doi.org/10.1163/15718123-20210001","url":null,"abstract":"","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44493222","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 : 2021-12-08DOI: 10.1163/15718123-bja10119
Karol Nowak
In this article the argument is made that a global court like the icc is not suitable for gaining the trust of those it rules over and that the procedure used when trying crimes against humanity is a poor fit as it is to a large extent based on national procedural codes. It is suggested that a split of the icc into several regional bodies with common procedural rules that are amended to suit the special needs when trying crimes against humanity would be beneficial for the court’s credibility. The point is also made that the goals of international trials and tribunals a poorly formulated and that they over promise and need to be amended to better reflect reality.
{"title":"National Criminal Procedure Shoehorned into a Global Procedure Shoe When Trying Crimes Against Humanity","authors":"Karol Nowak","doi":"10.1163/15718123-bja10119","DOIUrl":"https://doi.org/10.1163/15718123-bja10119","url":null,"abstract":"\u0000In this article the argument is made that a global court like the icc is not suitable for gaining the trust of those it rules over and that the procedure used when trying crimes against humanity is a poor fit as it is to a large extent based on national procedural codes. It is suggested that a split of the icc into several regional bodies with common procedural rules that are amended to suit the special needs when trying crimes against humanity would be beneficial for the court’s credibility. The point is also made that the goals of international trials and tribunals a poorly formulated and that they over promise and need to be amended to better reflect reality.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48150693","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 : 2021-12-03DOI: 10.1163/15718123-bja10120
K. Richmond
s (Thursday 22 April)
s（4月22日星期四）
{"title":"Transforming Evidence and Proof in International Criminal Trials","authors":"K. Richmond","doi":"10.1163/15718123-bja10120","DOIUrl":"https://doi.org/10.1163/15718123-bja10120","url":null,"abstract":"s (Thursday 22 April)","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43608760","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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