Criminal Court Research Articles

Peculiarities of interaction between Ukraine and the International criminal court: legal aspects

The article examines the main prerequisites for the creation of the International Criminal Court. It has been found that the international community has been trying for a long time to form the standards of international justice and to build a full-fledged, independent, permanent international judicial institution. In 2002, on the basis of the Rome Statute, the International Criminal Court was established, the main principle of which is the principle of complementarity, that is, the priority in the exercise of criminal jurisdiction is given to national judicial systems. The main task of the International Criminal Court is to strengthen Ukraine's national capacity to investigate and deal with the most serious international crimes. Ukraine signed the Rome Statute back in January 2000, taking the first step towards joining this document, but it has not been ratified yet. Ukraine can recognize the jurisdiction of the International Criminal Court under the conditions defined by the Rome Statute of the International Criminal Court. Legal aspects of Ukraine's interaction with the International Criminal Court, prerequisites for making changes to national legislation are considered. An analysis of the main legislative changes made in the period from 2016 to 2022 was carried out - the laws of Ukraine "On Amendments to the Constitution of Ukraine (Regarding Justice)” and "On Amendments to the Criminal Procedure Code of Ukraine and other legislative acts of Ukraine regarding cooperation with the International Criminal Court”. The statements of Ukraine regarding the recognition of the jurisdiction of the International Court of Justice, the conclusions of the prosecutor and the office of the International Court of Justice were considered. The conditions of cooperation of both participating states and non-participating states with the ICC during the investigation were analyzed. Consider the consequences of non-cooperation. It was concluded that Ukraine's ratification of the Rome Statute will give it the opportunity to be a full-fledged participant in the processes of the International Criminal Court, organizational and procedural rights, as well as additional guarantees regarding criminal prosecution for particularly serious crimes of guilty persons, limiting the resolution of this issue exclusively to internal means, which may be ineffective.

Implementation of the Execution of ICC Decisions Regarding Non-Roma Statute 1998 Countries in International Law in Indonesia

The emergence of International Criminal Courts through its Rome Statute of 1998 in 2002 has given rise to a spirit of accountability for the weaknesses in law enforcement within the international community. The establishment of the International Criminal Court (ICC) is a missing link in the chain after the creation of the International Court of Justice (ICJ), which has jurisdiction over issues involving states as its subjects.

Jurisdiction of the International Criminal Court in the Hague and War Crimes in Ukraine in the Face of Security

War is theoretically subject to the laws of armed conflict but, in practice, it brings in its wake war crimes, crimes against humanity, genocide, and the crime of aggression. The parties to an armed conflict are unable and/or unwilling to hold the perpetrators of these crimes (oftentimes their own citizens) to account. Part of the rationale for establishment of the International Criminal Court was to offer a way forward in this regard. Yet the suspected war criminal – even the political leader of the aggressor state – must be apprehended and brought to The Hague so that he may face the Court. This is no easy task, thwarted by a variety of formal, factual, and political obstacles; all too often, the idea of a supranational justice system presided over by the International Criminal Court proves illusory, if not fictitious. In this article, these points are discussed in reference to the crimes being committed against the Ukrainian population by the Russian aggressors.

The Complementarity Principle: Balancing State Sovereignty and the Prosecution of International Crimes in Africa

This article poses a question as to whether the complementarity principle provided under Article 17 of the Rome Statute provides appropriate tools to balance the rights of state sovereignty with their commitment to an independent international criminal justice system. In all eight situations that the ICC is currently investigating, questions have arisen about whether the quest for justice and accountability for the most heinous crimes of international concern should potentially limit states sovereignty. The purpose of this article is to evaluate the balance between state sovereignty and the International Criminal Court as far as the application of the complementarity principle is concerned, as well as to expound on the position of international law and domestic laws on the immunity of the heads of state in Africa. However, given that, under the Rome Statute, states have the latitude to try these same offences, it may be necessary to investigate crimes in a way that they could do so without necessarily compromising international criminal justice processes. This paper makes a critical discussion on whether the complementarity regime has catered for regional bodies motivated by the AU’s recent anti-ICC declarations and the subsequent establishment of the Africa Criminal Court to complement the national courts of its Member States in prosecuting crimes under the jurisdiction of the ICC. The research aims to critically reflect on the balance between the ICC and the sovereign state. The article has revealed that the implementation of the principle of complementarity poses challenges in implementation and interpretation and thus remains a less effective means of putting an end to international crimes. Furthermore, this paper urges the need for the principle of complementarity to be rethought in terms of clarifying its content and scope.

Overdose Prevention Centers, Crime, and Disorder in New York City

The first government-sanctioned overdose prevention centers (OPCs) in the US opened in New York City (NYC) in November 2021 amid concerns that they may increase crime and disorder, representing a significant political challenge to OPCs. To identify whether opening the first 2 government-sanctioned OPCs in the US was associated with changes in crime and disorder. In this cohort study, difference-in-differences Poisson regression models were used to compare crime, residents' requests for assistance for emergencies and nuisance complaints, and police enforcement in the vicinity of NYC's 2 OPCs with those around 17 other syringe service programs that did not offer overdose prevention services from January 1, 2019, through December 31, 2022. Changes in the volume of crimes reported by the public or observed by police; arrests for drug possession and weapons; 911 calls and 311 calls regarding crime, public nuisances, and medical events; and summonses issued by police for criminal infractions in both the immediate vicinity of the sites (ie, a hexagonal area spanning about 6 city blocks) and their wider neighborhoods (ie, a tesselated 3-hexagon array spanning about 18 city blocks). No significant changes were detected in violent crimes or property crimes recorded by police, 911 calls for crime or medical incidents, or 311 calls regarding drug use or unsanitary conditions observed in the vicinity of the OPCs. There was a significant decline in low-level drug enforcement, as reflected by a reduction in arrests for drug possession near the OPCs of 82.7% (95% CI, -89.9% to -70.4%) and a reduction in their broader neighborhoods of 74.5% (95% CI, -87.0% to -50.0%). Significant declines in criminal court summonses issued in the immediate vicinity by 87.9% (95% CI, -91.9% to -81.9%) and in the neighborhoods around the OPCs by 59.7% (95% CI, -73.8% to -38.0%) were observed. Reductions in enforcement were consistent with the city government's support for the 2 OPCs, which may have resulted in a desire not to deter clients from using the sites by fear of arrest for drug possession. In this difference-in-differences cohort study, the first 2 government-sanctioned OPCs in the US were not associated with significant changes in measures of crime or disorder. These observations suggest the expansion of OPCs can be managed without negative crime or disorder outcomes.

The Impact of the Defense Attorney on Plea Decision-Making: An Experimental Analysis

Most criminal court cases are resolved through a plea, yet the plea decision-making process remains largely unexplored in comparison to other phases of case processing. With defendants reliant on their defense attorney during the plea process, it stands to reason that the characteristics of the defense attorney would impact plea decision-making. To assess this possibility, we administered an experimental vignette to a national sample, manipulating defense attorney type, race, sex, experience, familiarity with other courtroom workgroup members, and empathy toward the defendant. We found that respondents were more likely to accept a plea offer if the defense attorney was experienced and empathic. When the defense attorney was private, experienced, familiar, or empathic, respondents rated their defense attorney as more qualified, which then influenced their acceptance of the plea offer. Uncertainty of the outcome, consequences of a plea, and reasonableness of the plea offer were the common motivators in decision-making.

Cumulative Colorism in Criminal Courts

A growing literature documents skin color stratification in punishment, whereby darker-skinned individuals fare worse than their lighter-skinned counterparts. Virtually all of this research has focused on colorism operating through direct channels. Utilizing a novel dataset linking the mugshots and court records of 6931 felony defendants from Miami-Dade County (Florida) from 2012 to 2015, we show that colorism in punishment, particularly for Hispanics, operates through indirect mechanisms – in addition to direct channels. We argue that colorism in punishment is sustained through a cumulative (dis)advantage process, highlighting how skin color stratification is institutionalized in the criminal justice system.

Domestication of the Rome Statute in the United Republic of Tanzania

The Rome Statute establishes four international crimes namely genocide, war crimes, crimes against humanity and crime of aggression. Every State Party to the Rome Statute is obliged to enact legislation giving legal force the Rome Statute in order to exercise her primary jurisdiction of investigating and prosecuting the crimes. Tanzania is a State Party to the Rome Statute with no legislation domesticating the Rome Statute. The Rome Statute as an international treaty does not form part of sources of law in the United Republic of Tanzania because article 63(3) (d) of the Constitution of the United Republic of Tanzania 1977 requires implementation of international treaties. This article excludes the discussion of the crime of aggression because the United Republic of Tanzania has not accepted the Kampala amendments of 2010. This article finds out the legal constraints facing domestication of the Rome Statute in the United Republic of Tanzania. The method applied to collect data is documentary analysis supplemented by interview and questionnaire which have revealed that, lack of political will is one of the legal constraints facing domestication of the Rome Statute. The article calls upon key actors to put their collaborative commitment and engagement of power, authority, support, duties and ability of reasonable actions to domesticate the Rome Statute in order for the United Republic of Tanzania to exercise her primary obligation of investigating and prosecuting the crimes as international crimes and to have legal capacity to cooperate with the International Criminal Court.

International Criminal Justice at the Russia-Ukraine Crossroads

Abstract The international community’s judicial response to the aggression of Russia against Ukraine in February 2022 and to the ensuing conflict is unprecedented in many ways. This article focuses on the investigations into the commission of war crimes and other serious international crimes conducted by Ukrainian authorities, other national authorities, various international bodies and the International Criminal Court (ICC), whose jurisdiction was triggered by a referral by 43 States parties to the ICC Statute. Some critical remarks are offered on the ambivalent relationship between Ukraine and the ICC. Ukraine is not a party to the ICC Statute, but the Court can exercise its jurisdiction by virtue of two ad hoc declarations rendered in 2014 and 2015. Despite the time that has elapsed since these declarations, Ukraine has not yet ratified the Statute and its government seems oriented to exploit the ICC mainly in an anti-Russian perspective. More in general, the huge efforts put in place by the international community in the investigation of international crimes committed in the ongoing conflict in Ukraine are disproportionate when compared to all other situations investigated and are already attracting criticism about selective justice. Such efforts represent on the one hand a potential model for a coordinated intervention in situations where mass atrocities are committed, on the other hand they are likely to remain isolated and confirm the perception that international criminal justice and the ICC are instruments in the hands of a few States.

The Travails of Prosecuting Serving Heads of State before the ICC: The Case of Omar Al Bashir and Vladimir Putin

Even though the International Criminal Court (ICC) is more than two decades after the Rome Statute was ratified by state parties, prosecuting serving heads of state before its jurisdiction has been a nightmare, albeit the Court does not recognise immunities before its jurisdiction. Accordingly, waiving the personal immunity of serving heads of state has been one of the greatest contentions before the Court as seen in the Al Bashir case. While cooperation in matters of arrest and surrender to the Court remains another major concern, the fact that the treaty creating the Rome Statute is primarily binding only on state parties is another obstacle, since consent is required from non-state parties before any prosecution. This article argues that prosecuting President Putin will result in a debacle just like his counterpart Al Bashir given that the issue of immunities and cooperation is still a major concern. Unfortunately, until all states become parties to the Rome Statute, this issue of state cooperation with the Court is still far from over. Consequently, all states are urged to become party to the Rome Statute to minimise the travails of prosecuting serving heads- of-state. Keywords: Rome Statute, immunities, cooperation in matters of arrest and surrender, serving heads of state, Vladimir Putin, Omar Al Bashir.

Some Reflections of an Uppsala Alumna who became a judge at the International Criminal Court

Some Reflections of an Uppsala Alumna who became a judge at the International Criminal Court

Criminal Liability Of Perpetrators Of Illegal Medical Practices (Perspective Of Law Number 17 Of 2023 Concerning Health)

In connection with this, Legislation in the Health Sector was made. Based on Article 1 paragraph (1) of Permenkes No. 2052/MenKes/Per/X/2011 concerning Practice Permits and Implementation of Medical Practices, "Medical practice is a series of activities carried out by doctors against patients in carrying out health efforts". The doctor has a Registration Certificate (STR) or has officially held the profession of doctor, dentist, specialist doctor, specialist dentist. After having an STR, a doctor who wants to practice medicine is required to have a Practice License (SIP). The obligation to have a SIP is contained in Permenkes No. 2052/MenKes/Per/X/2011 concerning Practice License and Implementation of Medical Practice. This research uses normative juridical research, as for what is meant by the type of normative juridical research is library legal research because in normative legal research is carried out by examining library materials or secondary data only, where the data collection tool used in research is by library research. The results of this study are that the legal relationship between doctors and patients is regulated by law as an agreement. As a result, doctors are required to carry out the object of the agreement in accordance with their professional expertise. As a result, doctors are required to carry out the object of the engagement in accordance with their professional expertise. As a result, a doctor can be held legally liable in both criminal and civil courts. In terms of criminal law, a doctor who does not carry out his duties and profession in accordance with the procedure may be subject to a number of provisions of the Criminal Code, especially due to negligence resulting in the death of the patient.

Patterns of State Behaviour and Cooperation with the ICC: Whither Nigeria, Ghana and Senegal

African states manifest inconsistent patterns of behaviour showing a mix of credible commitment and sham devotion to their obligation to cooperate with the International Criminal Court (ICC). This study poses a question: what will be of the status of Nigeria, Ghana and Senegal regarding cooperation with the ICC by 2022, considering their pattern of behaviour so far, evidence from data and the spate of domestication and exit procedures in homogeneous African states in contemporary times? It finds that: the pattern of Nigeria's behaviour shows sham devotion and predicts that she will not domesticate the ICC Statute by 2022; the pattern of Ghana's behaviour straddles credible commitment and sham devotion and she may enact her its Rome Statute Bill 2016 or remain a mere ratifier by the end of 2022; and the pattern of Senegal's behaviour shows credible commitment and she will remain in cooperation with the ICC by 2022.

Juridical Overview of the Authority for the Confiscation of Evidence in the Code of Criminal Procedure and Book II of the Technical Guidelines for Administration and Technical Guidelines for General and Special Criminal Court Proceedings of the Indonesia Supreme Court

Juridical Overview of the Authority for the Confiscation of Evidence in the Code of Criminal Procedure and Book II of the Technical Guidelines for Administration and Technical Guidelines for General and Special Criminal Court Proceedings of the Indonesia Supreme Court

러시아-우크라이나 침략범죄 특별재판소 설립에 관한 국제법적 쟁점과 함의

While Russia's invasion of Ukraine is widely considered an illegal act of aggression, there has been controversy surrounding how to pursue accountability for individuals who are most responsible for aggression. The International Criminal Court lacks jurisdiction in this matter, and domestic courts do not provide promising avenues since they are subject to rules of immunity under international law. Therefore, various states, including the US and many European states, and Ukraine have been advocating for the establishment of a special tribunal for crimes of aggression related to Russia's invasion of Ukraine, either based on Ukraine's domestic judicial system or the UN General Assembly's recommendation. This article explores various international legal issues relating to different approaches to holding Russian aggressors accountable. Ultimately, it seeks to identify the best options available to the international community, especially to states in the Global South and East, in light of not only addressing the current demands for accountability but also for more universal and fair criminal justice mechanisms for the future.

Criminal enforcement of intellectual property rights: an overview and comparative analysis of the Balkans

Abstract Criminal enforcement plays an important role to safeguard both the private rights and the public interests against counterfeiting, piracy and other unlawful activities related to the infringement of intellectual property rights (IPRs). Owing to the international obligations outlined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), infringement of IPRs has been criminalized by all member states and criminal procedures shall apply accordingly under the conditions determined in their national laws. This article aims to present an overview and comparative analysis of the criminal law protection of IPRs in the Balkans to point out the main difficulties faced by the criminal courts in their practice. In particular, attention focuses on trade mark rights as a case study. The article examines the relevance of criminal law within the context of international obligations and domestic legal frameworks by providing a detailed legal analysis of the corresponding criminal law provisions in the Balkan countries. In this regard, the article identifies the elements required for the investigation and prosecution of such type of offences by evidencing the practical issues and difficulties of law enforcement agencies where they need to prove the intention of deceiving consumers as a necessary element to hold a person criminally responsible. Overall, the article explores the practical significance of criminal law in the enforcement of IPRs as an effective tool in deterring and prosecuting IP crimes, as well as provides some important steps to improve criminal law tools in the Balkans.

Legal Protection Of Children As Perpetrators Of Narcotics Crimes (A Study At The Special Children's Institution Special Institution For Children (LPKA) Class I Medan)

A child who is the perpetrator of a crime must provide protection for the rights of a child. In the criminal court system for the child who has a role in providing case assistance for children who deal with the law. A child or minor who commits a drug crime can be given special attention to the child in order to provide the best. This research has the aim of knowing the implementation, obstacles and efforts in providing solutions to the obstacles of narcotics crimes committed by children at the Medan Class I Child Special Development Institution in Medan. The research method used is juridical sociology, which emphasizes to obtain empirical hokum by going directly to the object. Based on this research, several research results were found as follows: semestrinya the implementation of the child protection law is handed over to the Child Special Development Institution Class I Medan. The next obstacle is the lack of understanding of law enforcement officials that children, like drug users, are the only victims. The second obstacle is the lack of public understanding of juvenile drug users. Drug use by juveniles is considered the same as drug crimes committed by adults in the public perception. The third obstacle is the weakness in infrastructure, especially in rural areas in Indonesia. Especially in the rehabilitation process, with the mechanism of the rest process, mental rehabilitation, physical rehabilitation, physical development, spiritual development, all of which have not been provided at the Medan Class I Special Child Development Center in Medan.

A Discussion on the Arrest Warrant on Russian Personals: From the Jurisdiction and Alleged Crime Perspective

This article sorts out the current situation of International Criminal Court investigation of situation in Ukraine, and based on latest developments, it discusses and studies the international criminal law issues involved in arrest warrant issued by Pre-Trial Chamber, mainly including court jurisdiction and its scope, connotation of alleged crime and its application in this case. This study mainly uses the method of literature research and also cites the conference rebroadcast video material on the official account. After the research, the paper summarizes the information about the status quo and makes comments on the decision of the current situation.

Norms of international law regarding the prevention of crimes of genocide committed by the Russian Federation in the war against Ukraine

The article examines the norms of international law regarding the prevention of crimes of genocide committed by the Russian Federation in the war against Ukraine. The essence and specifics of ensuring the implementation of current provisions and norms of international criminal law regarding criminal prosecution for the commission of crimes of genocide against Russia as an aggressor state, a sponsor of terrorism, its top political and military leadership and the military, who directly commit these crimes in the beginning of February 24, 2022, were considered. full-scale war against Ukraine. It is established that the crimes of genocide are crimes against the security of humanity committed with the intent to destroy, in whole or in part, any national, ethnic, racial or religious group as such by: a) killing members of such a group; b) causing serious bodily injury or mental disorder to members of such a group; c) deliberate creation of living conditions for such a group, designed to bring it to its complete or partial physical destruction; d) implementation of measures aimed at preventing childbirth within such a group; e) forcible transfer of children of this group to another group. The scientific developments and provisions of the current legal norms of the International Convention on the Prevention of the Crime of Genocide and its Punishment, the Rome Statute of the International Criminal Court, as well as the criminal law of Ukraine were studied with the aim of the need for the immediate ratification by the Parliament of Ukraine of the legal norms of the International Criminal Court and their implementation into the criminal legislation of Ukraine and Law of Ukraine “On the Judiciary and the Status of Judges” in English”.
 The author formulated reasonable proposals for improving the criminal legislation of Ukraine in accordance with the norms of international criminal law, as well as the criminal prosecution and punishment of the highest political and military leadership and the military of the Russian Federation, who directly commit crimes of genocide in the war against Ukraine.

This is not an act of euthanasia: Legally correct but ethically problematic?

In 2015, the Belgian Federal Commission for the Control and Evaluation of Euthanasia referred a physician to the public prosecutor’s office because it concluded that the physician might have violated the legal conditions for euthanasia. It was the commission’s first referral since its establishment in 2002. However, in 2019, the Antwerp Court sitting in chambers decided not to pursue the physician in criminal court. News reports suggested that it had ruled that the physician did not perform euthanasia because the patient drank the lethal potion herself, thus classifying the act as physician-assisted suicide. However, the court did not make the reasons for its decision public.In this article, we consider the legal and ethical aspects of physician-assisted suicide and euthanasia. Although we discern clear differences between these end-of-life decisions, we also note important similarities. Countries that legalise voluntary physician-assisted dying may choose to legislate one or both end-of-life decisions. Providing a legal basis for both options can prevent major legal problems, ensuring that those doctors who violate the law are not acquitted.