International Crimes Research Articles

Rationale for Terrorism Offences: Comparative study with the provisions of Islamic Sharia

The research deals with the study of the motivating reasons for the commission of terrorism crimes, both at the national, regional and international levels, with a comparative study with the provisions of the Islamic Sharia on this crime. The research showed that there are political, economic, social, intellectual and other reasons that lead to the commission of these crimes and even increase their spread at the level of the state, the region and across the world. The study relied on the descriptive, analytical and comparative approach to reach the desired goal of preparing this research. The study reached a set of results, the most important of which is that the disintegration and lack of cohesion of society may be one of the important reasons for the occurrence of international terrorist crimes. The study also proposed a number of recommendations, the most important of which is the need to work from international and regional bodies to prevent and combat the causes of the occurrence of international terrorist crime.

Queering the Rome Statute: Searching for the International Criminal Court’s Potential to Do Justice to Queer People

ABSTRACT The Rome Statute of the International Criminal Court (ICC) is tasked with holding individuals accountable for the perpetration of the most heinous international crimes. However, the Rome Statute does not provide express grounds for protecting queer people. This article examines to what extent the ICC can protect queer people, by adding a queer reading to doctrinal interpretations to trouble and problematise uncritical legal protection. The crime of genocide and the crime against humanity of persecution serve as the main sources of study, in addition to international human rights law due to its connection with the Rome Statute. The queer reading demonstrates that despite the ICC’s ability to protect queer people in some ways, the interpretations of the Rome Statute are limited in their potential to do justice to queer people. As such, this article ventures out into a discussion on the possibility for the ICC to ever provide justice for queer people by navigating queer abolitionist critiques. It argues for an approach that de-centres the ICC, thereby creating space for legal transformation to resist queer erasure, whilst simultaneously looking for alternative (re)imaginings that queer abolitionism creates.

Reconceptualizing Corruption as an International Crime: A Review of International Law

The discourse surrounding corruption as an international crime is increasingly urgent, as it transcends national borders and contributes to economic crises, conflicts, and various crimes that threaten global security. Scholars such as Christensen (2017), Peters (2018), Davis (2018), and Rothe (2010) have linked corruption to human rights violations, revealing that states often struggle to address it effectively. This research seeks to explore how corruption can be redefined as an international crime and what legal accountability mechanisms exist for perpetrators within international law, while also examining the opportunities for the international community to recognize corruption as an international crime. The findings suggest that corruption crimes impacting security, human rights, and environmental integrity, particularly in contexts where states are unable or unwilling to act, should be classified as international crimes, necessitating a global commitment to amend the United Nations Convention Against Corruption (UNCAC) accordingly. Furthermore, the potential for universal jurisdiction over corruption is explored, whether through amending the 1998 Rome Statute or establishing an ad hoc international tribunal, although significant obstacles remain due to states’ commitments to their sovereignty and criminal jurisdiction.

Serious International Crimes, Human Rights, and Forced Migration, edited by James C. Simeon

Serious International Crimes, Human Rights, and Forced Migration, edited by James C. Simeon

Recognition of the Jurisdiction of the International Criminal Court as a Measure to Ensure the Application of International Humanitarian Law: Example of Armenia

This paper reviews the definition of international humanitarian law, as well as the application of international humanitarian law by the International Criminal Court. The powers and activities of the International Criminal Court are examined. The scope of possible application of the principles and provisions of international humanitarian law by the International Criminal Court, as well as the modalities of such application, is revealed. The article analyses changes in Armenian legislation after the ratification of the Rome Statute and focuses on the fact that after the ratification of the Rome Statute, which is a significant step forward for the security of Armenia, Armenia (Centre for Truth and Justice) requested the International Criminal Court Prosecutor to initiate a preliminary examination of the ongoing genocide committed by Azerbaijan’s Armed Forces against the ethnic Armenians within the territory of Armenia. Besides this, the analysis of the procedural position of the International Criminal Court Prosecutor in the system of international justice is carried out. The main tasks and fundamental role of the Prosecutor's office in the investigation or prosecution of international crimes are investigated. Keywords: International Criminal Court; International Humanitarian Law; Rome Statute; ratification; preliminary examination.

Legal Framework and Mechanism for Combating International Crimes: A Comparative Analysis between Nigeria and Uganda

Legal Framework and Mechanism for Combating International Crimes: A Comparative Analysis between Nigeria and Uganda

THE STRUCTURAL, HUMAN, AND FUNCTIONAL ORGANIZATION OF ICJ AND ICC AND ITS EFFECT ON THE FIRMNESS OF THE INTERNATIONAL JUSTICE

Objective: This study focuses on the efficient role of ICJ and ICC in enshrining the principles of international justice firmness towards the international crimes that have spread lately due to the ideological, political, and economic armed conflicts that result from the contradicting interests of individuals or states. Methods: In so doing, we must tackle the structural, institutional, and functional organization of these international organizations to unveil their efforts in maintaining the international peace and security, mainly that some international law subjects and international actors disagree about respecting the binding provisions of these two organizations Results: The principle of complementarity between the international and national justices plays an important role in expressing the common will of the international society in promoting the international laws.The international jurisdiction fosters the anti-crime efforts and ensures the promotion of the international laws. Conclusion: The question of the international judicial firmness is very important for the international law, mainly at the present time due to the contemporary changes in the international society that influence the international and national penal policies. This influence manifests in the value of the international legal rule, what affects the international compliance to these rules.

The Russian–Ukrainian war: The possibilities of ensuring accountability

AbstractThe outbreak of the Russian–Ukrainian war fundamentally shook the international legal order. Consequently, possibilities of holding the aggressor state and potential perpetrators of international crimes accountable became a central topic. Options for establishing state responsibility for violating international law are limited. Possible individual criminal prosecution mechanisms are available at both national and international levels. At the national level, several jurisdictional bases can be found for prosecuting the most serious international crimes.In addition to the procedures at the national level, the International Criminal Court has jurisdiction at the international level in terms of holding persons accountable; however, this also faces challenges. In connection with the current conflict, the International Criminal Court cannot conduct proceedings in relation to all categories of crimes, so the international community seeks to rely on alternative mechanisms that support prosecution efforts. Furthermore, there is an increasing political demand for the creation of new mechanisms which, however, for the time being, are based on shaky international legal grounds.

Pertanggungjawaban Pidana Pemimpin Negara Akibat Kejahatan HAM Berat dan Yurisdiksi International Criminal Court

The aim of this research is to understand the concept of handling carried out by the International Criminal Court, especially through the establishment of a Hybrid Court for serious human rights crimes committed by state leaders and also to understand the concept of accountability for state leaders who have immunity related to serious human rights crimes within the jurisdiction of the International Criminal Court. This research uses a normative juridical method where in the process it examines research from literature study materials and legal provisions, in this case the Rome Statute. Criminal liability of state leaders is a form of international legal instrument used to enforce accountability for international crimes committed by state leaders. International crime is something that has been happening for a long time. Various international crimes committed by state leaders have been in the spotlight of history because of the atrocities committed by the leaders of a state. This research will examine the responsibility of state leaders for serious human rights crimes committed by Liberian President Charles Taylor based on the jurisdiction of the International Criminal Court through the establishment of a hybrid court.

Peran Mahkamah Pidana Internasional dalam Genosida Israel terhadap Penduduk Palestina

One of the international crimes under the authority of the International Criminal Court is genocide. The conflict between Israel and Palestine has been going on for decades and is increasingly leading to acts of genocide from the Israeli side to the Palestinians. Many efforts have been made by the world community as an act of solidarity and siding with Palestine. Efforts are also made by the International Criminal Court to stop the prolonged Israeli-Palestinian conflict. The role of the International Criminal Court is vital in ending the genocide committed by Israel against Palestine, which is increasingly showing its ferocity.

THE OBSTACLES TO THE RIGHT TO A FAIR TRIAL UNDER THE INTERNATIONAL LAW: A CASE STUDY OF AL-ANFAL AND SREBRENICA GENOCIDE TRIALS

Background: The right to a fair trial is a critical part of national and international human rights frameworks. To protect this right, the rule of law should be implemented. Currently, the approach to trying individuals accused of grave international crimes, including genocide, is different, which gives an impression of inequality. For instance, the person accused of the al- Anfal genocide was tried by a national court and sentenced to the death penalty, whereas the person accused of the Srebrenica genocide was sentenced to life imprisonment by an international tribunal. Not to mention the lack of respect for the defendants’ rights during the al-Anfal genocide’s trial, including the principle of due process and the right to a fair trial. The main reason for the differing decisions in these two identical cases involving genocide arises from their trials in different courts and under different legal frameworks. This paper addresses the significance of these challenges for equality under international law and emphasises the difficulties in securing fair trials by examining these examples. Methods: This article analyses the application of the right to a fair trial for international criminals by using doctrinal methods. Specifically, it adopts a qualitative approach to examine relevant international statutes. To illustrate, the research chose to analyse and compare two case studies: the trial of Ali al-Majid, the leader of the al-Anfal genocide, and Ratko Mladic, the leader of the Srebrenica genocide. This comparison focuses on aspects such as judicial independence and overall fairness in the trials of war criminals. It involves desk-based research and data that are collected through the analysis of relevant literature from primary sources, such as international law instruments and secondary sources, including books and academic articles, about the inconsistency of fair trial standards in different judicial contexts. Results and conclusions: Different approaches in trials for similar crimes threaten global justice and the protection of individual rights and freedoms. One practical way to address this issue is to bring those accused of grave international crimes, including genocide, to appear before the International Criminal Court (ICC), providing fair trials and punishments. However, this article demonstrates that the doctrine of state sovereignty may pose challenges to creating a uniform framework for the prosecution of war criminals. Additional challenges arise with the existence of different legal and political systems across the world. The article argues that to ensure a fair trial and maintain international peace and security, it is necessary to overcome these challenges and adopt a uniform framework for the prosecution of those accused of grave international crimes. The ICC can be the solution. The international community can overcome these challenges by encouraging all countries to join the Rome Statue and give it the sole jurisdiction over grave international crimes such as genocide, war crimes, or crimes against humanity.

International Criminal Law, Complementarity and Amnesty Within the Context of Transitional Justice: Lessons from Uganda

Abstract The article explores the domestic implementation of international criminal law and complementarity, when operating alongside parallel transitional justice approaches. International criminal justice in Uganda is best understood as part of the broader lens of transitional justice, in response to a two-decade war in the Northern part of the country. Besides a doctrinal analysis of the relevant legal regime and cases, the article benefits from the author’s personal insights working in Uganda and The Hague, the two sites of international justice that inform this article. Specifically, the International Crimes Division (icd) which is the specialised court dealing with war crimes and crimes against humanity and the International Criminal Court (icc). The article highlights critical paradoxes of the icd and trial of former rebel Thomas Kwoyelo, putting this domesticated International Criminal Justice regime in a dilemma, also suggesting pathways for reforms.

International Crimes and Double Standards

Abstract The law’s aspiration to impartiality, central to its legitimacy, is impaired by concerns that judicial systems treat similarly situated persons or factual situations differently for improper reasons. In few fields is this truer than the sphere of international criminal justice, where the political stakes are high and judicial institutions are relatively young. The conflicts in Ukraine and Israel/Palestine have fuelled claims on all sides that the search for accountability has been marred by double standards. How these are addressed — by courts, states, and civil society — matters for the victims of grave crimes, and for the international justice project itself. This article argues that, while those who wish to advance international justice cannot eliminate double standards, they can adopt concrete measures to combat and minimize them. Given how important perceptions are in this debate, even small steps matter.

International Humanitarian Law and Business: Finding a Bridge

This article aims at analysing whether rules of international humanitarian law are applicable to business and if yes, to what extent. Additionally, the consequences for International Humanitarian Law (IHL) violations by companies are analysed. We highlight that enterprises, their personnel and property which are not directly linked to a conflict enjoy the protection under Geneva Conventions from deliberate or indiscriminate attacks, as well as from pillaging and violations of private property. However, keeping neutrality in armed conflicts is a difficult task for companies and there are different ways in which they can contribute to human rights violations and abuses as well as commit international crimes. In order to prevent such violations, companies should conduct hHRDD and comply with IHL rules. Non-compliance with them may lead to reputational and organisational risks for companies as well as bring companies to criminal and/or civil responsibility.

Understanding UNITAD

Abstract On 21 September 2017, the United Nations (UN) Security Council established the ‘United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL’ (UNITAD) and tasked it to collect, preserve, and store evidence of international crimes committed by the Islamic State in Iraq. The creation of UNITAD does not stand alone. Since 1963, the UN has mandated more than 80 non- or semi-judicial ad hoc ‘Investigative Mechanisms’ (IM) in response to atrocities and situations of international concern. Recently, the realm of UN investigation witnessed an ‘accountability-turn’: by lack of other criminal justice avenues, IMs are set up and mandated to gather evidence, qualify conducts, attribute responsibility and pave the way for prosecution. Ample attention has been paid to their output and impact, but how they constitute themselves as a means to their ends — how they in actual practice interpret their mandate — has been severely understudied. This study takes UNITAD as a case and explores why it is doing what it does, how it does it, and what the implications hereof can be. Based on a literature review and expert interviews, this explorative study describes the intended purpose, priorities and principles of the written mandate as agreed upon by the UN Security Council and the Government of Iraq, and analyses UNITAD’s interpretation of these parameters in practice. It concludes that UNITAD has taken a restrictive stance with respect to some aspects of the written mandate while seeking leeway with respect to others. This navigation — informed by politics, practicalities and personality — strongly implicates the prospects of transitional justice: whereas UNITAD was mandated to foster criminal accountability, it has and still can facilitate broader forms of justice too.

Italy and International Criminal Justice: Mapping the Present and Charting the Path Ahead

Abstract The present article investigates Italy’s posture on international criminal justice and identifies gaps and obstacles whose overcoming is essential to make the country effectively contribute to its efficient functioning. To this end, firstly, the Italian Government’s attitude towards international criminal justice institutions is surveyed. Secondly, domestic legislation and case law on international crimes are carefully analysed. Thirdly, the public perception of international crimes in Italy is critically assessed. The author finds that a major legislative reform is urgently needed and cannot be postponed any longer, so as to remove any ambiguity about the Italian Government’s commitment to ensuring accountability for all international crimes listed in the Rome Statute of the International Criminal Court. She also advises that such reform should be complemented with the assumption of additional international obligations bringing Italy at the forefront of the supporters of the Rome Statute system.

Damage to the environment as a sign of genocide

The actualisation of the problems of causing damage to the environment necessitates the determination of the grounds for international criminal liability for this act in the context of various international crimes, including genocide. The purpose of this study was to highlight the damage to the environment as a sign of the crime of genocide. The study was based on general scientific theoretical methods of scientific cognition, namely systemic, functional, and dogmatic methods, as well as methods of analysis, synthesis, and generalisation. Based on the consideration of the acts covered by the concept of genocide, the study found that damage to the environment in this context can be regarded as intentional creation of such conditions of existence for a national, ethnic, racial, or religious group which, by their qualitative characteristics, are aimed at the complete or partial physical destruction of this group, and the signs of such conditions are considered in the practice of the International Criminal Court, the International Tribunal for the Former Yugoslavia, and the International Criminal Tribunal for Rwanda. The study examined the tendency to perceive environmental damage as a sign of genocide in the context of genocide of indigenous peoples, and on this basis formulated the conclusion that it is not impossible to assess environmental damage as genocide outside the context of indigenous peoples’ living conditions, since the Statute of the International Criminal Court and the Convention on the Prevention and Punishment of the Crime of Genocide define the characteristics of a social group that may be a victim differently – national, ethnic, racial, or religious groups. The study found that damage to the environment may simultaneously constitute a sign of both ecocide and genocide if the ecocide is aimed at the destruction of a national, ethnic, racial, or religious group. The study identified the signs under which damage to the environment can be qualified as a crime of genocide: 1) deliberate creation of such living conditions for a national, ethnic, racial, or religious group aimed at its physical elimination as a social group; 2) such conditions are created in the context of deliberate physical destruction of a social group (contextual element); 3) genocidal intent, i.e., intent to destroy in whole or in part a social group defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide. The practical significance of this study lies in the possibility of using its findings in the context of international justice, provided that the relevant acts are qualified as genocide, one of the ways of committing which is to cause damage to the environment

International and domestic crime statistics indicators of sexual crimes

Aim: In this study, the Author reviews the criminal statistics indicators of sexual crimes. Sexual crimes can be grouped according to several classification systems – for example, the age of the victims, or the method of execution, or in light of whether they are committed with violence. Based on the latter, distinguished between violent and non-violent situations – a good example of the former is the crime of sexual violence, while the latter is child pornography. The analysis of the statistical data provides insight into how and to what extent the prevalence of sexual crime develops, as well as how and with what prevention campaigns these frequency indicators can be reduced. Methodology: In the study, the Author makes a statistical presentation, the sources of which are international and domestic crime statistics databases. Findings: Although the number of proceedings initiated for sexual crimes in Hungary can be considered average for the Central and Eastern European region, the numbers of cases detected are still at high levels. In order for these cases to decrease, programs are needed that effectively combat the effects of sexual violence myths, the fear of victim blaming, and stigmatisation. Value: This study is an overview that aims to present a complex statistical point of sexual crimes, which can serve as a basis for further comparative analyses.

International and domestic crime statistics indicators of sexual crimes

Aim: In this study, the Author reviews the criminal statistics indicators of sexual crimes. Sexual crimes can be grouped according to several classification systems – for example, the age of the victims, or the method of execution, or in light of whether they are committed with violence. Based on the latter, distinguished between violent and non-violent situations – a good example of the former is the crime of sexual violence, while the latter is child pornography. The analysis of the statistical data provides insight into how and to what extent the prevalence of sexual crime develops, as well as how and with what prevention campaigns these frequency indicators can be reduced. Methodology: In the study, the Author makes a statistical presentation, the sources of which are international and domestic crime statistics databases. Findings: Although the number of proceedings initiated for sexual crimes in Hungary can be considered average for the Central and Eastern European region, the numbers of cases detected are still at high levels. In order for these cases to decrease, programs are needed that effectively combat the effects of sexual violence myths, the fear of victim blaming, and stigmatisation. Value: This study is an overview that aims to present a complex statistical point of sexual crimes, which can serve as a basis for further comparative analyses.

Evolution of International Legal Standards Regarding Responsibility for Violations of Laws and Customs of War (Second Half of the XIX-th – First Half of the XX-th Century)

This article examines the evolution of international legal standards aimed at defining responsibility for violations of laws and customs of war from the second half of the 19th century to the first half of the 20th century. It emphasizes that war is undoubtedly one of the most dreadful events that can impact people’s lives and society. However, if it is not controlled or conducted in accordance with international norms and standards, its consequences can be even more devastating and catastrophic. Since the beginning of the full-scale armed aggression of the Russian Federation against Ukraine, the term «violation of laws and customs of war» has become widespread. Responsibility for such actions is provided for by Article 438 of the Criminal Code of Ukraine. However, the criminalization of this act is not related to Ukraine’s domestic legal order, as violations of laws and customs of war are an international crime that causes serious harm to people, economic objects, and cultural heritage, creating a high level of societal danger. The article covers an analysis of key international documents such as the Geneva Conventions, decisions of the Hague Conferences, and UN resolutions, exploring their influence on shaping legal norms in this area. It examines changes in legal regulation, their causes, and consequences, as well as the role of specific individuals and historical events in this process. This research is important for understanding past experiences in the context of current challenges and conflicts, as well as for further development of international law and ensuring the protection of human rights during armed conflicts. In conclusion, it is noted that the second half of the 19th and the first half of the 20th centuries witnessed significant development of international legal standards concerning responsibility for violations of laws and customs of war. This period was crucial in shaping the fundamental principles of international humanitarian law aimed at protecting human rights during armed conflicts. As a result of this process, a series of international treaties and conventions were adopted, which established rules of conduct in armed conflicts and mechanisms for accountability for their violations. These standards have been an important step in humanizing war and protecting human rights during armed conflicts.