Comparison of DNA profiles from samples collected from underneath fingernails and hand deposits following everyday activity.

Abstract The Supreme Court of Canada mandates recognition of systemic factors that create barriers for Indigenous peoples’ access to equitable justice. Specifically, R. v. Gladue directs courts to consider the unique circumstances of Indigenous peoples when engaging in decision-making processes in all criminal courts. Drawing from interview data with Indigenous and non-Indigenous defence counsel in Ontario, this study assesses whether and how Gladue factors shape bail hearings. Our findings reveal that the application of Gladue principles exists along a continuum, ranging from mere “lip service”, to the tailoring of bail decisions based on meaningful recognition of systemic disadvantages. We also highlight the importance of lived experience and representation of Indigenous legal actors and the challenges they encounter working within a colonial system. We situate these findings within broader critiques of risk-based bail frameworks and settler colonial legal systems, concluding with policy recommendations and directions for future research.

BackgroundHousehold substance misuse (SM) is associated with child deprivation and worse physical and mental health. This study utilised linked healthcare, justice, and children’s social care data in Wales for the first time, to create a reusable cohort of households that experience substance misuse (SMHH).MethodsUsing the SAIL Databank, a population-scale retrospective electronic cohort (e-cohort) was created to perform a cross-sectional analysis of SM-related health and criminal justice events during 2011–2019 for adults and children in SMHH, which were compared with the rest of the population using period prevalence ratios (PR) and 95% confidence intervals (CI). Other variables included demographics, children’s social care, healthcare, and SM-related criminal court cases.ResultsThere were 776,366 children and 1,032,088 adults, where 83,558 children (11%) lived in SMHH, and 48,398 (5%) of adults who lived with a child had a SM event. Children in SMHH had a 133% higher prevalence of referral to SM treatment (PR = 2.33, CI: 2.23–2.43), and a SM-related criminal case was 42% more prevalent (PR = 1.42, CI: 1.30–1.55) during the period. Notably, the prevalence of SMHH children receiving care and support was 300% higher (PR = 4.00, CI: 3.92–4.08), and self-harm was 78% more prevalent (PR = 1.78, CI: 1.71–1.86).ConclusionSMHH children experience significant disparities, including higher deprivation, adverse birth outcomes, mental health issues, social care involvement, and SM-related criminal justice prosecutions. Evidence-based interventions and policy are needed to support adults and children in SMHH to mitigate the intergenerational impact.

Abstract This article critically examines the International Court of Justice’s (ICJ) ruling on the preliminary objections in Sudan v. United Arab Emirates , focusing on the implications of the UAE’s reservation to Article IX of the Genocide Convention. It evaluates the Court’s interpretation of the scope and effect of such reservations, contrasting it with precedents set in Bosnia v. Serbia and The Gambia v. Myanmar . Drawing on the ICJ’s jurisprudence, principles of state responsibility, and international criminal law, the article highlights significant tensions and ambiguities in the Court’s approach to admissibility, complicity, and provisional measures. The study incorporates insights from the International Criminal Court and UN Human Rights Council resolutions to contextualise the legal and factual matrix. Ultimately, it argues for a more coherent doctrinal framework to address the impact of reservations on treaty obligations and jurisdictional competence in genocide-related disputes.

Is the Criminal Legal System Becoming More Gender Egalitarian? The Gender Gap in Criminal Court Case Outcomes in Texas, 1993–2015

The relevance of the study is determined by the need to improve theoretical and practical approaches to the investigation of war crimes, ensuring their effective detection and documentation in the process of proof. The purpose of the study was a comprehensive investigation of the structural elements of the criminalistic characteristics of war crimes provided for in both Article 8 of the Rome Statute of the International Criminal Court and Article 438 of the Criminal Code of Ukraine, considering the practice of national and international courts, and the development of proposals for optimal ways of Investigation. The methodological basis of the research was formal legal, comparative legal, dogmatic, systematic methods, empirical study of investigative and judicial practice. The practical basis of the study was the materials of criminal proceedings on the fact of committing war crimes committed on the territory of Ukraine, and the case law of international (special) tribunals. As a result of the research, the content and structure of the criminalistic characteristics of war crimes were clarified, its significance for establishing the circumstances to be proved was determined, and key problems that affect the process of proof in an armed conflict were identified. Attention was paid to the contextual signs of violations of the laws and customs of war, which were integrated into the criminalistic characteristics of war crimes, as system-forming elements that determine the specifics of investigations, considering the method of commission, the mechanism of the event, the identity of the criminal and the victim, socially dangerous consequences, and their relationship with what was committed. For the first time, forensic signs of war crimes were systematised, considering international legal qualifications and specific conditions of investigation. The practical significance of the results obtained lies in the possibility of their use in the practical activities of the pre-trial investigation bodies, the prosecutorʼs office and the court to increase the effectiveness in the investigation process and prove the guilt of persons involved in violations of the laws and customs of war

The decentralized international legal order arguably creates structural incentives for states to utilize INTERPOL—an entity of virtually universal membership—to reduce gaps in transnational police cooperation. One of INTERPOL’s iconic actions is the release of a Red Notice. It is the publication of decentralized requests by a member country or approved international entities such as the International Criminal Court (ICC), 1 asking police worldwide to locate and, if applicable domestic law and treaties permit, provisionally arrest wanted persons or restrict their movement, pending extradition or surrender. 2 Although INTERPOL does not have legal authority to oblige members to arrest persons in question, a Red Notice regularly leads to border stops or arrest pending extradition, travel or visa denials, and knock-on effects such as banking and employment difficulties. The fragmented international legal order may have paradoxically generated structural incentives to support a level of centrality represented by INTERPOL.

The International society has undergone an inevitable change right from the inception of civilization to the development of technology. The nature of politics, war, and means for acquiring control or domination has changed drastically after the excruciating world wars. However, international humanitarian crimes perpetrated by the states for dominance remain the same. Due to the significant growth of international law and the demand for regulating international crimes, the effective enforcement of ICC is more than necessary to lay down a proper structure for the International criminal justice system. This paper analyses the problems faced by the ICC in exercising its jurisdiction against the prosecution of International Humanitarian Crimes with special reference to the Israel-Gaza war. Humanity can strive only where there is undisturbed peace. The need for a strong and competent mechanism to preserve and regulate such peace is the need of the hour. The authority and competence of international law have been subjected to severe criticism after the failure of the ICC to take appropriate action against Israel for its war crimes against Gaza. This paper aims to give clarity on the war crimes committed in Gaza and the tussle faced by the ICC to take stringent action and hold Israel liable against such crimes. The core problems faced by the ICC have been analyzed to give clarity on the weak enforcement of international law in the 21 st century.

The prosecutorial policy of the Prosecutor of the International Criminal Court (ICC) plays a central role in the realization of international criminal justice and in ensuring accountability for serious international crimes. This article aims to analyze the main indicators of the Prosecutor’s prosecutorial policy by examining the legal framework, judicial principles, and political, operational, and ethical indicators. An examination of the legal framework shows that the Prosecutor’s decisions must be based on legal authority, the principles of legitimacy and justice, and the limitations of the Rome Statute. Judicial indicators include prioritization of cases, analysis of evidence, and an emphasis on deterrent and preventive justice. In addition, political and international indicators—such as interaction with the Security Council and diplomatic pressures—can play a decisive role in the selection of cases, while operational and ethical indicators, including resource management, transparency, and respect for the rights of both defendants and victims, contribute to maintaining the legitimacy and effectiveness of prosecutorial policy. An analysis of practical examples demonstrates that the success of prosecutorial policy requires a balance between judicial effectiveness, prosecutorial independence, and adherence to human rights standards. The findings of the article emphasize that transparency, accountability, and ethical commitment are indispensable indicators in the design and implementation of prosecutorial policy, and that they can contribute to enhancing justice and legitimacy of the Court at the international level.

Principle of Legality is the foundation of any Criminal Justice System either national or international. Any legislature or instruments or guidelines shall take effect from the date of entry into force. The maxim of Nullumcrimen sine legeand Nullumpoena sine legeprotects the rights of both victim and innocent accused who has been booked into a criminal case. The exception for this principle such as Principle of Lex Scripta(written or statutory law)and lexpraevia(previous law) which has been discussed analyzed and applied in the Nuremberg Tribunal to punish the War Criminals of World War II. The International Criminal Law initiated the invoking process of this application way back in 1945 and still in practice by the International Criminal Court. To the contrary, the Indian Legal System, in rarest of rare cases only applies the non-positivist law which violates the Principle of Legality in Criminal Justice System. Even in the Criminal Law Amendment Act, 2013 the executive powers refused to give retrospective effects to the rape laws amended in 2013. Further, any such violations are considered to be a serious violation of fundamental rights protected under Art. 20(1) of the Constitution of India, Ex post facto law. The new Penal Law, Bharatiya Nyaya Sanhita, 2023 expressly made the application of Retrospective Effect of an offence Organised Crime under section 111. This provision gives 10 years of retrospective effect and permits the investigating agency to alter the charge of such offence to sec.111 of BNS, 2023 even after cognizance stage. This paper will analyze about the legal implications of such application and possible use and abuses of sec.111 of BNS, 2023 on retrospective effect. Further, the author will compare the same with international criminal justice system.

This study aims to examine all known episodes from sources concerning women's involvement in the quaestiones perpetuae — permanent judicial commissions that served as primary criminal courts during the Roman Republic. It analyzes cases where women were either tried or gave testimony, along with their informal roles on such proceedings. Additionally, it investigates public attitudes toward female participation in criminal trials. The findings suggest that while republican law allowed for women's presence at legal hearings, custom restricted them primarily to defendant or witness roles. Respectable women were expected to behave modestly and reservedly when appearing before a court. If charged as defendants, they relied upon male relatives or family friends for defense representation. Emphasizing that delivering speeches encroached into an exclusively masculine domain of rhetoric, which provoked disapproval among Romans, this paper concludes that providing testimonies was generally more acceptable provided that women did not overstep societal boundaries.

The International society has undergone an inevitable change right from the inception of civilization to the development of technology. The nature of politics, war, and means for acquiring control or domination has changed drastically after the excruciating world wars. However, international humanitarian crimes perpetrated by the states for dominance remain the same. Due to the significant growth of international law and the demand for regulating international crimes, the effective enforcement of ICC is more than necessary to lay down a proper structure for the International criminal justice system. This paper analyses the problems faced by the ICC in exercising its jurisdiction against the prosecution of International Humanitarian Crimes with special reference to the Israel-Gaza war. Humanity can strive only where there is undisturbed peace. The need for a strong and competent mechanism to preserve and regulate such peace is the need of the hour. The authority and competence of international law have been subjected to severe criticism after the failure of the ICC to take appropriate action against Israel for its war crimes against Gaza. This paper aims to give clarity on the war crimes committed in Gaza and the tussle faced by the ICC to take stringent action and hold Israel liable against such crimes. The core problems faced by the ICC have been analyzed to give clarity on the weak enforcement of international law in the 21st century.

the paper examines the significance for international cooperation in the sphere of criminal proceedings of decisions of international judicial bodies, primarily the European Court of Human Rights (ECtHR) and the International Criminal Court (ICC). The research is conducted through the prism of legal regulation of these issues in the Russian Federation. Special attention is paid to the evolution of approaches to the recognition and application of international court decisions in the Russian legal system. The impact of international court decisions on such procedures in criminal proceedings as extradition, application of preventive measures, and review of judicial decisions is considered. Particular attention is paid to analyzing the consequences of the formal severance of legal ties between Russia and international associations after its withdrawal from the Council of Europe in 2020. Purpose: a comprehensive analysis of the practical significance of decisions of international judicial bodies for international cooperation in the sphere of criminal proceedings, taking into account modern geopolitical realities and constitutional transformations in the Russian Federation. Methods: the methodological framework for the research includes a set of the general scientific and special scientific methods, such as formal-legal, comparative law, historical-legal methods, as well as the methods of analysis and synthesis. This allowed for a multifaceted and substantiated analysis of the problem under consideration, integrating theoretical depth with a practice-oriented focus. As a result of the research, the legal status of international court decisions in the system of sources of international and national law in the context of criminal proceedings is determined, and their role as an auxiliary source forming obligations for states is confirmed. The evolution of the legal status of international court decisions in the Russian legal system is analyzed – from their prejudicial recognition after the ratification of the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention 1950) to the modern mechanism of conditional implementation through the filter of the Constitutional Court of the Russian Federation. The thesis on the continued relevance of ECtHR decisions for the Russian legal system and law enforcement practice even after the formal termination of the European Convention 1950 for Russia is substantiated, highlighting specific reasons for this influence. Conclusion: the existence of an international instrument in criminal proceedings – obligations under international court decisions recognized by Russia at the legislative level – is substantiated. They are based on the international treaties of the Russian Federation, which confirms the integration of international norms into national legislation. These decisions influence criminal proceedings and are an element of the legal basis for international cooperation.

Abstract Purpose In child sexual abuse (CSA), narrative completeness, in terms of investigation‐relevant information (IRI), becomes crucial evidence that substantiates the credibility of the child's testimony. This study aims to evaluate the separate and joint effect of the child's age and PTSD on the quantity and quality of IRI provided. Methods Eighty‐one testimonies of Italian children (55 girls and 26 boys), victims and witnesses of CSA aged 4–17 years ( M = 9.7, SD = 3.6) and involved in criminal proceedings at the Criminal Court of Milan were analysed. The assessment of narrative completeness was based on the quantity and quality of IRI provided. Correlations were calculated among the variables investigated, and mediation analyses were conducted to verify the possible mediating effects of PTSD in the association between age and the IRI provided. Results Child's age positively correlates with the IRI provided ( r = .245, p = .027), whereas PTSD negatively correlates with the IRI presented within the testimony ( r = −.228, p = .041). Moreover, PTSD partially mediated the relation between child's age and temporal information ( β = 0.238, p = .044). Conclusions Our findings reaffirm the role of age and explore the effect of PTSD, offering useful insights to ensure the best interest of the child is safeguarded in CSA legal proceedings.

Pakistan became an independent state in 1947 but its legal system did not change as deeply as its political status. Many of the laws, institutions and legal practices that exist in Pakistan today were adopted or taken from British colonial rule. This article examines legal system of Pakistan through a decolonial lens by focusing on three interconnected ideas: the colonisation of law, the continuation of colonial legal authority after independence and the ongoing struggle for decolonial justice. It argues that colonial law was mainly designed to control society and protect state authority rather than to deliver justice to the people. After independence, Pakistan kept/followed much of this legal structure which permitted colonial impact to survive in a new political form. However Pakistan has tried/ struggled to change its legal system through constitutional development and new law-making, colonial influence remains apparent in criminal justice, administration, court, and legal education. This article displays that decoloniality of law in Pakistan is not a completed achievement but continued and difficult struggle that needs institutional and intellectual changing.

Domestic violence remains a pervasive legal and social problem in Indonesia, particularly when it intersects with divorce proceedings. Despite the existence of the Domestic Violence Law (UU PKDRT), this study finds that law enforcement remains fragmented between the criminal justice system and the religious court system, producing significant uncertainty for victims who must navigate parallel legal processes. Using a normative-empirical methodological design, this research examines statutory frameworks, judicial decisions, and institutional practices to identify the structural, procedural, and cultural factors contributing to the disjunction between criminal adjudication and divorce litigation. The findings reveal systemic weaknesses, including the absence of integrated evidentiary mechanisms, limited inter-agency coordination, and persistent patriarchal biases that hinder victim-centered protection. These deficiencies not only undermine the effectiveness of domestic violence regulation but also restrict victims' access to meaningful legal remedies. Building on these findings, the study proposes an integrated enforcement model that harmonizes evidentiary use, strengthens institutional coordination, and embeds victim protection into both criminal and family court processes. This reconstructed framework aims to enhance legal certainty, improve procedural coherence, and align national practices with international standards on state due diligence in addressing domestic violence. The study contributes to advancing theoretical discourse on legal harmonization and offers practical policy recommendations for reforming Indonesia's domestic violence and family justice systems.

This article explores the role of the International Criminal Court within transitional justice and its potential to contribute to reconciliation in Africa. While the ICC is often perceived as a purely prosecutorial body, this analysis argues for a broader interpretation of its mandate, aligning it with the core pillars of TJ: prosecutions, truth-telling, reparations, and guarantees of non-recurrence. Drawing on the South African Truth and Reconciliation Commission as a benchmark, the article proposes that the ICC, though lacking an amnesty mechanism, can fulfill similar reconciliatory functions through plea bargaining. The analysis further identifies legitimacy deficits undermining reconciliation efforts in the African context, stemming from issues such as cultural disconnect, selective prosecutions, and a rigid understanding of complementarity. The article concludes that reconciliation is attainable if the ICC embraces a holistic, culturally sensitive approach and forges stronger cooperation with domestic and regional actors like the African Union. Received: 14 May 2025; Accepted: 26 November 2025

The book provides a rigorous multi-disciplinary analysis of the ingrained tensions between the International Criminal Court (ICC) and the African Union (AU) related to a crisis of legitimacy of the ICC in the continent. According to the author, these tensions threaten the foundational principles of an international criminal justice system and have the potential of undermining impunity at a global level. Roestenburg-Morgan aims at identifying the factors that contribute to the erosion of legitimacy and explores three critical legitimacy deficits: institutional legitimacy, jurisdictional legitimacy and cultural legitimacy. To do so, this comprehensive work combines a mix of insights from political sciences, research methods from the legal domain as well as social sciences techniques (such as grounded theory guided by participant observation and unstructured interviews). The ample data collected on core categories and from diverse angles related to legitimacy for both the ICC and the AU, allows the author to advance solid solutions on how this legitimacy crisis could be redressed in order to reconcile the two institutions.

What lies beneath is the “silent genocide” of deliberately using starvation to kill, its incidence so dire as it has become an emergency issue in contemporary international criminal law. This paper seeks to define starvation as a method of genocide, explore the various problems which arise from demonstrating the requisite criminal intent under the 1948 Genocide Convention. In many wars, hunger is used as a weapon to destroy targeted groups by depriving them of essential resources. Faced both with pivotal legal challenges which arise from the governing frameworks, from the evidentiary dilemma of establishing intent, and the liability limitations of the international courts, the study sets out key questions that we will address. The paper thus demonstrates major flaws in current mechanisms through a comparative analysis of court proceedings, from the International Criminal Tribunal for Rwanda, and the International Criminal Court’s involvement in crises in Darfur, Gaza, and Yemen. This research calls for immediate legal changes and better-armed judges, allowing for the identification and prosecution of starvation as a form of genocide.

Introduction. Forensic medical aspects of documenting the bodies of victims of war crimes in Ukraine are critically important for forming a reliable evidentiary basis in national and international courts. However, practice in active combat zones is complicated by resource shortages, overcrowded morgues, and challenges in adhering to “chain of custody” standards. Aim. To analyze the forensic medical documentation of bodies of victims of war crimes in Ukraine, assess the application of international standards, and evaluate their significance for the recognition of forensic results in national and international courts, including the International Criminal Court. Materials and methods. The study materials included forensic medical examinations (with protocols of the crime scene and body inspections) conducted in de-occupied regions of Ukraine, Ukrainian normative and legal documents (Criminal Procedure Code, Ministry of Health orders), and relevant international standards and protocols. Results. Analysis of the practice of forensic documentation of bodies of victims of hostilities in Ukraine since 2022 revealed several complex issues: organizational and legal challenges, heterogeneity in recording bodily injuries, violations of the chain of custody, limited use of modern technologies, and insufficient legal training of medical personnel (75.6% of body and injury descriptions were incomplete or contained fundamental errors, complicating forensic assessment). Conclusions. The development and implementation of a unified clinical-forensic approach in wartime will facilitate more effective documentation, investigation, and prosecution of crimes against life, health, sexual freedom, and personal inviolability, by improving medical recording and preservation of evidence.