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African Philosophical Contributions to International Criminal Law International Criminal Law Review Pub Date : 2024-03-21 Evelyne Owiye Asaala
This article displays the various ways that African philosophies have made a contribution to international criminal law. It shows that African philosophies have, to a certain extent, influenced the manner in which post-conflict African states as well as the African Union (au) address accountability for grave breaches of international law. This influence is evidenced in the setting up of traditional
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Pain as the Essence of Torture: Exploring the Characteristics and Requirements of the Element of “Pain or Suffering” in the Crime Against Humanity of Torture International Criminal Law Review Pub Date : 2024-02-14 Simone Antonio Luciano
Pain is the very essence of torture. This article explores the element of “pain or suffering” in the crime against humanity of torture and contributes to the existing literature by identifying the characteristics and requirements of such element within international criminal law. In particular, it examines, discusses and compares the case law of the International Criminal Tribunals in order to determine
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The Post-Ongwen Case Period and the Reconciliation Process in Northern Uganda: Local Communities as a Site of Knowledge International Criminal Law Review Pub Date : 2024-02-01 Christelle Molima Bameka
By providing victims with more space in the Ongwen case, the International Criminal Court (icc) has significantly contributed to the healing of the trauma and community reconciliation in northern Uganda. That said, this court has also raised issues that could affect local efforts to achieve peace, namely the positioning of victims of child soldiers vis-à-vis criminal child soldiers. Drawing on qualitative
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Crimes of Humanity International Criminal Law Review Pub Date : 2024-01-26 Tatjana Grote
The idea of ‘crimes against humanity’ has been uniquely successful and constitutes an essential part of international criminal law. This article offers a novel explanation for this ideational potency. It is submitted that what we came to call crimes against humanity is, in fact, made possible by uniquely human features. Examining why, nevertheless, the conjunction ‘against’ has been far more dominant
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Children Born of War: The Recognition of Children Born of War as Victims in the Ongwen Case International Criminal Law Review Pub Date : 2024-01-24 Giovanna M Frisso
This article explores the challenges associated with recognizing children born of war as victims within the framework of international criminal law. Focusing on the case of Dominic Ongwen, a former child soldier and senior commander of the Lord’s Resistance Army (lra), it analyses how the criteria established in the definition of victim in the Rules of Procedure and Evidence of the International Criminal
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Ecocide as a New Core Crime in the Rome Statute? An Ultima Ratio Lens on Legal Policy in International Criminal Law International Criminal Law Review Pub Date : 2023-12-20 Sarah Zink
The protection of the environment is currently of the uppermost importance and all legal fields have to contribute to this goal. This includes criminal law, both on a national and an international level. The debate in international criminal law focusses on a proposal to introduce a new core crime of “ecocide” to the Rome Statute. Much has been contributed to this debate, and often the ultima ratio
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Culture and the Illusion of Self-Evidence: Spiritual Beliefs in the Ongwen Trial International Criminal Law Review Pub Date : 2023-12-18 Adina-Loredana Nistor
By definition, criminal trials are set to determine the guilt or innocence of the accused. In this process, judges are tasked with assessing not only evidence that presents itself in quantifiable forms, but also as personal experiences. In the case of Dominic Ongwen, a former child soldier and commander of the Lord’s Resistance Army (lra), the issue of spiritualism played a significant role, particularly
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A Hollow Enterprise: International Criminal Justice and Public Relations International Criminal Law Review Pub Date : 2023-12-09 Birju Kotecha
Utilising a framework inspired by Edward Bernays, this article critiques public relations in international criminal justice. The article demonstrates public relations is a hollow enterprise comprised of one-way publicity and legitimation. Outreach and public information campaigns are endeavours reliant on standard messaging tactics that treat constituencies as uncritical and homogenous consumers. Such
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Constructing a Sensory Alternative to the Ongwen Judgment International Criminal Law Review Pub Date : 2023-11-24 Raghavi Viswanath, Fangyi Li
Much ink has been spilt criticising the icc’s Ongwen trial judgment for its failure to grasp the cultural context in which the accused Ongwen and the Acholi community were embedded. Some scholars blame this on the poor quality of translation services, others attribute it to the ‘binarism’ of judgments. We offer another explanation for the Ongwen judgment’s deficiencies: its purely textual format. The
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Fighters, Not Victims: On Victimhood Recognition and Gender Representations in the Enslavement Charges in the Ongwen Case International Criminal Law Review Pub Date : 2023-10-20 Silvina Sánchez Mera
In the Ongwen case, according to the otp women were abducted to be wives and men to be soldiers, women were forced to work and men forced to fight. The otp brought enslavement charges for some of these crimes. Absent from the charges was the forced fighting of men. This paper discusses the crime of enslavement in the Ongwen case. By combining a doctrinal analysis and a feminist approach, I seek to
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From Organ Trafficking to the Kosovo Specialist Chambers: A Case Study on How Strategic Narratives Influence International Criminal Justice International Criminal Law Review Pub Date : 2023-10-20 Robert Muharremi
The paper discusses how strategic narratives determine our understanding of politics and justice, and how such narratives can be deliberately constructed to achieve political ends through judicial means and by instrumentalizing international criminal law and courts. The article discusses the concept of strategic narratives from an inter-disciplinary perspective and explores the impact of strategic
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Proportionality and Moral Blameworthiness in Ongwen’s icc Sentencing Decision International Criminal Law Review Pub Date : 2023-10-17 Demetra Fr. Sorvatzioti
The icc’s legal framework combines continental and common law features. The sentencing regime provides for a separate hearing process unknown to the continentals. The principle of proportionality governs sentencing determination. Proportionality is met by analysing gravity and moral blameworthiness. In Ongwen, the icc should address his moral blameworthiness by considering his unique dual status as
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Brothers in Arms? The Selection and Prioritisation of Core International Crimes and Terrorism in the Netherlands International Criminal Law Review Pub Date : 2023-10-09 Giel Verhagen
Since 2019, the Dutch Public Prosecutor has tried four cases in which the accused has been cumulatively charged with a terrorism-related crime as well as a core international crime. This article examines the Dutch selection and prioritisation process of these charges when they are combined, comparing it to cases that solely include a core international crime charge and solely include terrorism-related
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The Prosecutor v Dominic Ongwen: An Examination of the Role of Traditional Justice Mechanisms in International Criminal Justice International Criminal Law Review Pub Date : 2023-10-06 Linda Mushoriwa
This paper examines whether traditional justice mechanisms have a place in international trials where the accused has committed core international crimes; through the lens of The International Criminal Court’s approach in the Ongwen case. Trial Chamber ix declined to incorporate the mato oput traditional justice mechanism of the Acholi people of Northern Uganda. The paper argues that although concerns
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Communicating Justice: Cambodian Press Coverage of the eccc’s Final Judgment International Criminal Law Review Pub Date : 2023-08-28 Rosemary Grey, Rachel Killean
This article explores Khmer-language media reporting of the final appeal judgment at the Extraordinary Chambers in the Courts of Cambodia (Case 002/02). Media reports are interesting for two reasons. First, as a source of opinions expressed in Cambodia’s official language (Khmer), which often remain beyond purview of international observers. Second, as one of the few sources of information about the
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Forced Marriage as the Crime Against Humanity of ‘Other Inhumane Acts’ in the International Criminal Court’s Ongwen Case International Criminal Law Review Pub Date : 2023-08-25 Kathleen M. Maloney, Melanie O’Brien, Valerie Oosterveld
The Ongwen case, concluded in December 2022 at the International Criminal Court (icc), convicted the defendant of a gender-based act that had never been litigated by the icc: forced marriage. This article argues that the judicial consideration of forced marriage in Ongwen has settled the international jurisprudence in three important ways. First, it clarified the classification of forced marriage as
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Fertile or Futile Grounds for Excluding Criminal Responsibility? A Critical Analysis of the Ongwen Judgment in Relation to the Claim of Coercive Environment International Criminal Law Review Pub Date : 2023-08-17 Windell Nortje, Noëlle Quénivet
Dominic Ongwen was convicted and sentenced for numerous atrocities by the International Criminal Court (icc) in 2021. The Defence focused on the coercive environment that Ongwen was subjected to from his abduction as a boy until his surrender as an adult. The icc rejected the claim of duress as a ground for excluding criminal responsibility in the context of a past and present coercive environment
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Scapegoats and Underdogs: Narrative Control and Defence Positioning within and Beyond the International Criminal Court International Criminal Law Review Pub Date : 2023-07-17 Zuzanna Godzimirska, Nabil M. Orina
Building on a growing body of scholarship that accentuates the communicative foundations and dimensions of international criminal justice, the article explores how defendants and their defence teams navigate the discursive battleground in the course of trials at the International Criminal Court (icc). Given the central role of narratives in the construction and (de)legitimation of identities, and their
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Capital and Brokerage in International Criminal Justice: Elite Power in and at the Border of the Field International Criminal Law Review Pub Date : 2023-06-23 Mikkel Jarle 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
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Bringing Together the Criminologies of Atrocity and Serious Economic Crimes International Criminal Law Review Pub Date : 2023-06-03 Andy Aydın-Aitchison
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
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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 International Criminal Law Review Pub Date : 2023-05-05 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
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The Sexual Abuse of African Boy Soldiers by Male and Female Offenders: the Need for an International Criminal Law Response International Criminal Law Review Pub Date : 2023-03-30 Windell 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
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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 International Criminal Law Review Pub Date : 2023-03-29 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
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Between Philosophy and International Criminal Law: Examples of Interdisciplinary Approaches International Criminal Law Review Pub Date : 2023-03-17 Anja Matwijkiw, Bronik Matwijkiw
This introduction is written by the two guest editors for a Special Issue of International Criminal Law Review entitled ‘Between Philosophy and International Criminal Law: Examples of Interdisciplinary Approaches.’ The text briefly explains the need for interdisciplinary research on law, meaning that the scholarly approaches are not limited to the theoretical foundations and methodologies of international
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Taking Illegal Amnesties Seriously: Threefold Approach to the Admissibility Test before the International Criminal Court International Criminal Law Review Pub Date : 2023-02-24 Megumi Ochi
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’
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Starvation at the International Criminal Court: Reflections on the Available Options for the Prosecution of the Crime of Starvation International Criminal Law Review Pub Date : 2023-02-17 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
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Seeking Justice for Women: Potential and Limits of International Solidarity Movements International Criminal Law Review Pub Date : 2023-02-01 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
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Benjamin Ferencz and the Treatment of Victims in International Criminal Law: Mapping Out Lex Lata and Lex Ferenda (Ferencza?) in an Emerging Field International Criminal Law Review Pub Date : 2023-01-30 Gregory 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
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Matter of Opinion: Assessing the Role of Individual Judicial Opinions at the International Criminal Court International Criminal Law Review Pub Date : 2023-01-03 Kyra Wigard
This article takes a closer look at the individual opinions of judges at the International Criminal Court (icc). The issuance of separate opinions is one of the most effective ways to investigate individual judicial behaviour, because a judge will only issue opinions if in her/his estimation the benefits outweigh the costs. The number of opinions a judge issues is an important measurement as is their
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Legal Humility and Perceptions of Power in International Criminal Justice International Criminal Law Review Pub Date : 2022-11-25 Nicola Palmer, Tomas Hamilton
This article examines how judges and lawyers working in international criminal courts see their authority in relation to power exerted by states, international organisations and private actors. We draw together ethnographic research inside the International Criminal Tribunal for Rwanda (ictr) and the International Criminal Court (icc) that examined perceptions of the interactions among local, national
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Evaluating the Evidence by the UN International Investigative Mechanisms: a New Challenge for the International Criminal Court? International Criminal Law Review Pub Date : 2022-08-04 Eleni Micha
International criminal courts and tribunals have faced a number of challenges with respect to the assessment of evidence. For the International Criminal Court (icc) there are pressing questions regarding the best interpretation of the relevant provisions in the Rome Statute (rs). To this point, the assessment of documentary evidence conveyed by the UN Independent Investigative Mechanisms (iims) constitutes
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State Immunity and Victims’ Rights to Access to Court, Reparation, and the Truth International Criminal Law Review Pub Date : 2022-07-12 Vessela Terzieva
Recently municipal courts have found that foreign states do not enjoy jurisdictional immunity with respect to civil claims involving serious violations of international law within the forum state’s territory during armed conflict. This article assesses the recent judgments’ potential impact, taking into account previous court practice and international human rights jurisprudence. It concludes that
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The Mental Incapacity Defence in International Criminal Law: Ramifications from the Ongwen Trial Judgment International Criminal Law Review Pub Date : 2022-07-10 Pascale Chifflet, Ian Freckelton
The defence of mental incapacity raises unique challenges in the particular context of mass atrocity and international criminal law. Yet, it has remained largely unexplored in the jurisprudence of international courts and tribunals. The Trial Chamber judgment issued by the International Criminal Court in the case of Dominic Ongwen offered a unique opportunity to remedy this and clarify the legal contours
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On Meteors and Comets: Is the Crime of Ecocide Back to Stay? International Criminal Law Review Pub Date : 2022-07-10 Stefania Negri
Crimes against the environment affect fundamental values and collective interests shared by the international community as a whole. The ‘global’ nature of the protected interests and the erga omnes character of many international environmental obligations are the main arguments in favour of the international criminalisation of certain environmental harms. This paper offers a survey of the development
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The New Canadian Law of Refugee Exclusion: An Empirical Analysis of International Criminal Law Deportation Orders, January 2018 to July 2020 International Criminal Law Review Pub Date : 2022-07-09 Simon Wallace
Perpetrators of war crimes and crimes against humanity, and senior officials in notorious government regimes, can be deported from Canada. This study reports on the first complete and systematic empirical analysis of all finalized international criminality deportation cases in Canada. The analysis, a review of deportation cases finalized between January 2018 and July 2020, shows that Canada is using
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Punishment, Legality, and Other Challenges of International Criminal Law International Criminal Law Review Pub Date : 2022-05-20 Kerstin Bree Carlson
Although international criminal law has developed significantly in the 75 years following the Nuremberg Tribunals, the challenge to the legality principle at the heart of its practice remains unaddressed. This article discusses the structural challenges to international criminal law’s legitimacy, beginning by deconstructing the progress paradox that simultaneously legitimizes and undermines international
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International Criminal Law, Everyday Spaces and Feminist Legal Theory International Criminal Law Review Pub Date : 2022-04-29 Jill Marshall
In this piece, I advocate using everyday spaces research methods, more common in anthropology and cultural studies than law, to ensure the participation and inclusion of the voices of survivors of conflict-related sexual violence (crsv). I argue these methods are in harmony with a feminist holistic interpretation of the International legal framework, including International Criminal Law, purporting
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The International Prosecutor: Reconsidering an Almighty Saviour? On International Criminal Law’s Obsession with Individuals International Criminal Law Review Pub Date : 2022-04-29 Philipp Kastner
International institutions, like the United Nations and the International Criminal Court (icc), promote peace, democracy and justice. However, these intergovernmental institutions are typically governed through vertical structures and strict hierarchies, with little to no room for popular control and democratic participation of the wider society. The internal structures of these institutions are also
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UN-Backed Hybrid Criminal Tribunals (hcts): Viable Options in International Criminal Justice? International Criminal Law Review Pub Date : 2022-04-29 Juan-Pablo Pérez-Léon-Acevedo
Although the UN-Security Council established the International Criminal Tribunals for the former Yugoslavia and Rwanda, UN-international criminal tribunals were not replicated. The UN instead directly participated in creating hcts such as the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon. Thus, this article seeks to determine
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The Potential and the Challenges of Digital Evidence in International Criminal Proceedings International Criminal Law Review Pub Date : 2022-04-29 Kristina Hellwig
Technological achievements such as mobile phones, computers and the World Wide Web have become an integral part of our lives, and societies and are indispensable to many. These new technologies, and information derived from them, have a great potential to support the fact-finding process in the fields of international criminal law and human rights. Therefore, digital information such as satellite imagery
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This Mass Atrocity was Brought to You by the Ivory Trade: Linking Transnational Organized and International Crimes International Criminal Law Review Pub Date : 2022-04-21 Mark Kersten
Scant attention has been paid to the relationship between the perpetration of transnational organized crimes (toc s) and international crimes. This paper endeavours to instigate increased scrutiny of how these two crime sets interact. Relying on contributions from conflict and peace studies, I argue that it is useful to study their interaction within an international-transnational crime complex. To
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Sanctioning Perpetrators of International Crimes: A Vignette Study International Criminal Law Review Pub Date : 2022-03-21 Catrien Bijleveld, Margareta Blažević, Diana Bociga Gelvez, Mirza Buljubasic
Limited research has been devoted to factors impacting the perceived justness of sentences for international crimes. We presented respondents with a vignette in which such a hypothetical crime was described, as well as some contextual information; in the vignette, the perpetrator received a sentence that was based on similar historical cases. In the study, the rank of the perpetrator, the apology by
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Kai Ambos (ed.), Rome Statute of the International Criminal Court, Article-by-Article Commentary International Criminal Law Review Pub Date : 2022-02-21 Christine Baroness Van den Wyngaert
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Control over the Theory: Reforming the icc’s Approach to Establishing Commission Liability? International Criminal Law Review Pub Date : 2022-02-15 Liana Georgieva Minkova
The icc has employed the ‘control-over-the-crime’ theory, which treats those who ‘control’ the commission of a crime as principal perpetrators. Legal academics and icc judges have criticised the Court’s reliance on that theory for producing unsound legal reasoning. This article engages with the question from a novel perspective, that focuses on the institutional factors affecting the adoption and reform
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The 2015 South Korean–Japanese Agreement on ‘Comfort Women’: A Critical Analysis International Criminal Law Review Pub Date : 2022-02-04 Klea Ramaj
Before and during the Second World War, Japan established a legalised system of sexual slavery, in which approximately up to 200 000 women, euphemistically known as ‘comfort women’, were exploited. Although the victims came from all the regions of the Japanese Empire, the majority of them were Korean. While initial reconciliation attempts were met with refusal, a seemingly positive step was taken in
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Athena’s Vote: Imperial Proceedings and the Hegemonic Origins of International Criminal Law in Aeschylus’ Eumenides International Criminal Law Review Pub Date : 2022-02-01 Emiliano J. Buis
In this paper, the author gives an account of the final trial scene in Aeschylus’ Eumenides, which in his opinion could be described as a subtle literary representation of the imperial justification of the exercise of criminal legal power over foreigners in classical Athens. Based on a philosophical exploration of the importance of criminal pollution and the need to create a new tribunal—the Areopagus—to
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Remote Victimisation and the Proximate Cause. Transgenerational Harms before the International Criminal Court International Criminal Law Review Pub Date : 2022-01-28 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
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Bad Speech, Good Evidence: Content Moderation in the Context of Open-Source Investigations International Criminal Law Review Pub Date : 2022-01-21 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
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Beth Van Schaack, Imagining Justice for Syria International Criminal Law Review Pub Date : 2022-01-05 Roger Lu Phillips
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The Role of UN Documentation in Shaping Narratives at the International Criminal Court and the Implications for the Rights of the Accused International Criminal Law Review Pub Date : 2022-01-05 Anne 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
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An Age-Old Question: Optical (A)llusions, (In)Decency, and (In)Justice in the Trial of Japanese War Criminals International Criminal Law Review Pub Date : 2021-11-16 James Burnham Sedgwick
Timing complicates all dimensions of post conflict redress. Moving too fast suggests prejudice. Going too slow delays accountability and closure. This paper challenges the temporal logic of international justice. The prosecution of aged defendants created aesthetical dilemmas for war crimes operations in post-World War ii Asia. The unsettling optical allusions of frail perpetrators in court — shadows
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Courtroom 600: The (Virtual) Reality of Being There International Criminal Law Review Pub Date : 2021-11-02 Renske Vos, Sofia Stolk
Although at least some of the concern with prosecuting aged defendants seems to lie with defendants not quite looking the part, reviews of historic Court buildings come out the other end with allusions to eminence, authenticity, tradition, history and gravitas. Exemplary is the Courtroom 600 Project, a vr experience of the Nuremberg Trials set in a virtual rendition of the Palace of Justice in Nuremberg
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Negative Aesthetic Experiences of Prosecuting the Barely Alive International Criminal Law Review Pub Date : 2021-11-02 Shannon Fyfe
Theories of negative aesthetics claim that some aesthetic qualities like disgust, ugliness, and repulsiveness are instrumentally valuable, and can be justified as a necessary means to producing what might be considered an ultimately positive aesthetic experience. In an international criminal trial, the presentation of “ugly” visual and oral evidence may be justified in service of the aims of the trial
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Of Old Men, Country Clubs, and Atrocities: The Visualities and Externalities of Detaining Elderly Human Rights Violators in Chile International Criminal Law Review Pub Date : 2021-11-02 Caroline Davidson
This article explores a pair of powerful but competing symbols in the Chilean human transitional justice process: ‘pobres viejitos’ (poor little old men) and country club prisons. The symbol of the ‘pobres viejitos’ is used very effectively by conservative elements of Chilean society to argue the futility or even inhumanity of punishing perpetrators of human right violations so long after the commission
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Prosecuting Asymmetrically: On Some ‘Preconditions’ of Criminal Liability of Aged Defendants for Atrocities International Criminal Law Review Pub Date : 2021-11-02 Konstantinos P. Tsinas
Belated punishment ends up to be nothing more than a ‘mere show#x2019;, Beccaria argues in his Dei Delitti e Delle Pene (1764). The motto remains current with regard to trials of aged defendants for past international atrocities. In such cases, the question arises if the preconditions of criminal liability (Duff, 2001) for aged defendants are properly satisfied. Are aged defendants fully answerable
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A Table Before Me in the Presence of My Enemies: Susan Atkins and the Embodiment of Aging and Frailty on Parole International Criminal Law Review Pub Date : 2021-10-26 Hadar Aviram
In this article I rely on 50 years’ worth of parole hearing transcripts in the Manson family cases to argue that, on parole, the embodiment of aging is treated evasively and with hostility by the parole board. The parole board’s difficulty to reconcile the applicant’s youthful and violent past with their aging, frail present, almost always results in a rejection of the embodied present and future—and
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The Visualities and Aesthetics of Prosecuting Aged Defendants International Criminal Law Review Pub Date : 2021-10-26 Mark Drumbl, Caroline Fournet
The prosecution—whether domestic or international—of international crimes and atrocities may implicate extremely aged defendants. Much has been written about the legalisms that inhere (or not) in trying these barely alive individuals. Very little however has been written about the aesthetics the barely alive encrust into the architecture of courtrooms, the optics these defendants suffuse into the trial
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Trial as a Tool of Colonialism: The 1858 Trial of Mughal Emperor Bahadur Shah Zafar International Criminal Law Review Pub Date : 2021-10-21 Aman Kumar
This paper brings the 1858 trial of 82 years old Mughal Emperor Bahadur Shah Zafar into the mainstream international law. It discusses the aesthetical aspects of Zafar’s trial, who was tried as a British Subject, despite being the Indian sovereign. The paper argues that the trial was used as a tool to colonise India. It also points out the treatment given to Zafar post his arrest, when he was displayed
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The Age-Impunity Rhetoric in Trials for Crimes Committed during the Argentinian Genocide (1975–1983) International Criminal Law Review Pub Date : 2021-10-15 Lior Zylberman, Adriana Taboada
Since the reopening of the trials for the crimes committed by the last military dictatorship, new aspects have emerged on the scene, one of them being the age-impunity rhetoric. In its visual dimension, we understand this rhetoric to mean the representation of the perpetrators that has been taking shape in recent years, enabling them to be exempted from guilt and responsibility for the crimes committed