International Crimes Research Articles

Shadows of Return

Abstract In Germany, the prosecution of female Islamic State (IS) returnees for property offences under international criminal law has become increasingly important in recent years. These prosecutions give reason for critical reflections on the basis and limits of protection of property in international criminal law in general and its application in practice, in particular under the German Code of Crimes Against International Law (Völkerstrafgesetzbuch). This article argues that despite a well-established normative basis for and legitimacy of protecting property in international criminal law, there are considerable deficiencies in the application of the relevant offence in German jurisprudence. These deficiencies concern, first, the distinction between the different modalities of war crimes against property; secondly, the phenomenon of so-called multiple appropriations; and, thirdly, requirements for determining the gravity of property crimes. The article criticizes the fact that legal practice has so far only insufficiently evaluated the international dimension of property offences, warranting a presumption as an international crime. It argues the need for the criminal justice system to take greater account of the aims and functions of international criminal law in legal practice.

Autocracies and the International Criminal Court: Civil Society Engagement, Dissident ngo s, and the Pursuit of Justice

Abstract The rising tide of autocratization does not bode well for the International Criminal Court (icc), which has almost exclusively intervened in contexts of autocratic rule. As the Court is dependent not only on state cooperation but also on non-governmental organizations (ngo s) for effectiveness and legitimacy, this article explores the role—if any—of dissident ngo s in the pursuit of justice for international crimes committed under autocratic regimes. It shows that, while ngo s have been fundamental to the working of the icc, autocratic states are particularly challenging for the icc and ngo s to operate in. Despite this, ngo s may have found new ways of holding autocratic states to account for international crimes—with or without the icc.

Considerations of (Non)-Application of Immunity of State Officials from Foreign Jurisdiction in Cases of International and Transnational Crimes

Abstract This article examines the scope and limitations of jurisdictional immunities afforded to high-ranking state officials accused of international and transnational crimes in foreign courts, including international courts. It discusses how international law balances the immunities granted to facilitate international relations and uphold state sovereignty against the need to address serious crimes that threaten the international community as a whole. The analysis delves into key legal debates and landmark cases shaping the understanding of these immunities. A focal point of the analysis is the work of the International Law Commission (ilc) on the topic of Immunity of State Officials from Foreign Criminal Jurisdiction, particularly Draft Article 7. It is argued that ilc’s Draft Article 7, while explicitly clarifying the application of immunity in international crime cases, also provides valuable insights into the scope of immunity for transnational crimes. Transnational crimes, like corruption, are fundamentally private acts carried out for personal gain, regardless of whether they are committed by someone in an official capacity or utilizing the resources and instrumentalities of the state. Therefore, these acts cannot be considered official and do not trigger the application of immunity ratione materiae. By highlighting the implications of Draft Article 7, the article contributes to the broader understanding of how international law can reconcile the need for state officials to perform their duties without fear of foreign prosecution with the necessity of holding them accountable for serious crimes. It suggests a more restrictive approach to immunity, particularly concerning transnational crimes, thereby enhancing the potential for legal accountability for offending state officials.

Assessing International Criminal Justice in Guatemala: Evolutions and Ongoing Challenges

Abstract This article examines the codification of international crimes in domestic law, the prosecution of international crimes committed during Guatemala’s Internal Armed Conflict, and the challenges in implementing the Rome Statute for the International Criminal Court (icc). It underscores the essential role of civil society in the fight against impunity through strategic litigation and memory initiatives, thus contributing to advances in justice. It exposes the impact of Inter-American Court of Human Rights’ rulings demanding reparations for victims of international crimes as a catalyst for domestic prosecution efforts. Furthermore, the establishment of the International Commission Against Impunity in Guatemala (cicig) with the support of the UN represented a significant advance in justice. However, the abrupt end by the Guatemalan government of the cicig was a significant setback. Ongoing challenges involve maintaining progress within Guatemala’s criminal justice system, as many justice operators who had worked alongside cicig faced criminalization and were forced into exile.

Russia's Abduction of Children in Ukraine War and Applicability of UN Genocide Convention

The purpose of this paper is to investigate whether Russia's abduction of Ukrainian children falls under the provisions of genocide under international law and to suggest the political implications of Russia's abduction of Ukrainian children. Through this paper, it was pointed out that Russia's policy to annihilate Ukraine's identity in occupied areas before the invasion of Ukraine in 2022, that is, after Russia's occupation of Crimea in 2014, has been continuously implemented, and has been rationalized domestically through the Russian media. The policy of kidnapping Ukrainian children to erase their memories of their homeland and change their mother language to Russia is not just a cultural assimilation policy, but a international crime that is equivalent to “genocide” that forcibly transforms the ethnic character of a group. Today, there is little disagreement on the fact that the prohibition of serious, continuous and systematic human rights violations by the state and the prohibition of genocide have developed into norms under common international law. However, it can be said to be exceptional in that there is no precedent for an international court trial on child abduction after World War II, and there has been no opportunity to recognize its seriousness. Nevertheless, the international community should realize the seriousness of the crime of child abduction in the wake of the Ukraine war and not neglect to hold the kidnappers accountable.

Conceptual basis of international jurisdiction

Constant changes in international relations and global challenges in the geopolitical arena disrupt the effectiveness and relevance of existing approaches to international justice. In this context, there is a need to analyze the conceptual foundations of this field in order to adapt to modern realities. The main goal of this study is to analyze the conceptual foundations of international justice, taking into account the latest scientific achievements and global perspectives. The focus of the research is the formation of new theoretical approaches and conceptual frameworks for the analysis and understanding of international criminal law. The methodological basis of the study is based on the analysis of scientific works in the field of international criminal law, as well as the use of modern scientific approaches to information processing. The article reveals new aspects and perspectives of the study of the conceptual foundations of international justice, which can contribute to the further development of the theory and practice of disclosure and investigation of serious violations of international law. The author highlights four conceptual ideas that underlie International Criminal Justice. The first concept concerns the principle of legality, which takes into account not only legal norms, but also social and legal transformations. The second idea considers the principle of international crime, which covers serious violations of international law. The third concept concerns individual responsibility for international crimes, regardless of the social status and official position of the subject of the offense. The fourth idea is the principle of universal jurisdiction, which provides a legal response to serious violations of international law, regardless of the circumstances and the subject of their commission. These concepts reflect the goal of international criminal justice, which is the inevitability of punishment for serious violations of international law, since their commission threatens the security of all humanity.

INTERNATIONAL AIR CRIME: ACTUALIZATION OF THE CONCEPT

The author analyzes the concept of "international air crime", updates the issue of the urgent need to formulate a normative definition of the concepts of "transport crimes", "crimes in air transport", "air crimes", "international air crimes" and some others. In the course of the work, scientific ideas about transport crimes, international treaties ratified by the Russian Federation and the internal law of the Russian Federation, including the Air Code and other regulations were analyzed in order to form the legal foundation for ensuring air security, taking into account the Decree of the President of the Russian Federation of May 7, 2024 of the year. In order to pose the problem, the author has identified classifications of international air crimes that are promising for scientific research, including crimes where air transport is considered as an object, means and place of commission of a crime. In fact, trends in the development of scientific analysis of basic concepts and characteristics of transport and air crimes are presented from a historical perspective. As a result, the author, summing up the current state of legal regulation of international air crimes and the prospects for the development of a system of norms, gives impetus to the specification of the institution of air safety, the branch of international air law and air legislation of the Russian Federation.

ARTICLE 98 OF THE ROME STATUTE AS A SHIELD AGAINST THE PROSECUTION OF INTERNATIONAL CRIMES BY THE INTERNATIONAL CRIMINAL COURT

Article 98 of the Rome Statute makes provision for immunity and non-surrender agreements contrary to the objective and purpose of the Statute, thereby shielding perpetrators from prosecution for international crimes. This cuts down on the ability of the International Criminal Court to achieve its mission. Adopting a doctrinal method of research, this paper examines the effects of Article 98 and concludes that it has been the foundation of bilateral immunity and non-surrender agreements culminating in several approaches adopted by States, and International Organizations to insulate perpetrators from ICC prosecution. It is therefore recommended inter alia that State parties should not adopt measures friendly to Article 98 and its effect can be ignored by considering the equirement to waive immunity into an impartial, unbiased, and effective command from the UNSC to cooperate with the ICC in the prosecution of international crimes.

Exploring representations of climate change as ecocide: implications for climate policy

ABSTRACT This paper explores whether, to what extent and in what ways climate change is represented as ecocide in scholarly literature. Premised upon a historical materialist lens utilizing the world systems theory and the concept of the Capitalocene, and by means of conducting a scoping literature review, the paper finds there is an increasing trend of climate change representation as ecocide. It also identifies several key themes that emerge in scholarly representations, including the growth-driven global capitalistic and nation-state system that perpetuates carbon criminals, anthropocentric ethics, and environmental and social harm and injustice, and the feasibility and appropriateness of an international crime of ecocide. The analysis suggests that while not likely to catalyze fossil phase-out and expedite the global energy transition decisively, the criminalization of ecocide could fortify the climate policy toolbox via the prospect to report cases to the International Criminal Court, the issuance of warrant arrests by the ICC, and EU’s criminalization of substantial environmental damage and potential externalization of its criminal code. The significance and originality of this article lies in the generation of robust empirical evidence, the mapping of representations of climate change as ecocide, and a comprehensive analysis of the practical, ethical and legal complexities surrounding a law of ecocide and its implications for global climate policy. Key policy insights Representations of climate change as ecocide focus on the global capitalistic and nation-state system that perpetuates carbon criminals, anthropocentric ethics, and environmental and social harm and injustice. An international law of ecocide will challenge both fossil-based and energy transition practices. The power of the state-corporate nexus and the socio-economic benefits emanating from acts that contribute to climate change weaken the case for and undermine the potential effectiveness of an international crime of ecocide. While not a panacea, the criminalization of ecocide can add to the climate policy toolbox via building the momentum for more states to adopt relevant domestic legislation, the prospect to report cases to the ICC, the issuance of warrant arrests by the ICC, and EU’s criminalization of substantial environmental damage and potential externalization of its criminal code.

Terrorism and War Crimes: Two Sides of The Same Coin?

The definition of terrorism is not consensual, even within the same country. Indeed, in the United States of America, a country where the fight against terrorism is one of the present political priorities, the definition varies depending on whether the source is the Department of Defense (DoD), the US Code, the Federal Bureau of Investigation (FBI) or the Department of State, but this lack of consensus does not mean that terrorism is not considered a crime according to the Resolution 49/6026 of 17 February 1995 of the United Nations General Assembly. However, many experts on the thematic do not accept the definition of terrorism as an international crime in time of peace defending that terrorism is essentially the violation of domestic laws which have their genesis in treaties to which states may or may not adhere, and this explains why some countries refuse to reduce their sovereignty and do not accept to transfer the jurisdiction for crimes of international terrorism to supranational institutions. According to this vision, terrorism must be included as a subtype in one of the four modalities that are already recognized by international law. This article reflects on the relationship between terrorism and the modalities of war crimes judged by the International Criminal Court (ICC) and seeks to show that the seriousness of the terrorist threat justifies that terrorism should be considered an autonomous international crime.

Disentangling to Fortify The Crimes of Slavery, the Slave Trade and Human Trafficking

This article offers a brief background to the crimes of human trafficking, slavery and the slave trade which often take place in and as a result of conflict situations, such as in Ukraine. These crimes are, however, often conflated and misunderstood: not only by the general public, but also by professionals working in this field. Even though these crimes are commonly conflated, each crime has specific requirements or elements, and address egregious conduct.Their legal histories and policy base are distinct yet complementary. Their dual juridical availability could provide meaningful, effective redress for women and men, both adult and child survivors. The article intends to contribute to untying the knots, to disentangle the misconceptions of human trafficking from the slave trade and slavery.The endeavour is not theoretical, but practical. It is done to fortify the pursuit of human trafficking as a transnational crime and the slave trade and slavery as international crimes. In short, this article aims to explore, distinguish, and harmonise the available jurisdictions for human trafficking, slavery and the slave trade.

The Politics of Punishment: Why Dictators Join the International Criminal Court

Abstract Scholars commonly argue that international law and organizations promote democracy by helping dictators to credibly commit to accountability, individual rights, and transparency. Yet dictators routinely join treaties and international organizations without transitioning to democracy. International law and organizations can generate asymmetric costs for domestic actors because international rules often apply to both governments and non-state actors, yet dictators can limit how these rules are upheld at the domestic and international level. We argue that dictators are most likely to join such treaties and international organizations when they face strong domestic political competition. We illustrate our argument using the International Criminal Court (ICC), which has extensive powers to prosecute individuals for international crimes, including crimes against humanity, genocide, and war crimes. We show that ICC investigations and prosecutions have become a tool for incumbent dictators to target their domestic opponents. We examine the implications of our theory for multiple outcome variables, including the decision to join the ICC, violence, and the survival of dictators in power. Our evidence suggests that dictators are most likely to join the ICC when they face strong political opponents and are subsequently less likely to commit violence and more likely to survive in office.

Peran Mahkamah Internasional (ICJ) Dalam Mengatasi Pelanggaran Hukum Humaniter Di Palestina 2023-2024

This study discusses the role played by the International Court of Justice (ICJ) in overcoming humanitarian law in Palestine in 2023-2024, various efforts have been made by the International Court of Justice in addressing the issue of genocide, including taking a role in the international reports submitted to the International Court of Justice on what happened in Palestine, as an international judicial institution The International Court of Justice (ICJ) has an important role in dealing with human rights violations and international crimes. One of the issues that has always been in the spotlight is the conflict in Palestine and Israel, which is often colored by accusations of genocide by several countries.

Violence of Adult Sons Against Mothers in the Context of Matricide

This article endeavours to analyse an important and concerning phenomenon: women killed by their adult sons. It focuses on parricide (killing of parents or close relatives), with special attention on killing of mothers (matricide), while the term ‘homicide’ is used as an overarching term for killing human beings. The article gives an overview of statistics on reported cases of matricide over a five-year period. Employing qualitative analysis, it refers to four court judgments in instances of matricide committed by adult offspring in Lithuania between 2021 and 2023. Based on the analysis of recent international studies, crime statistics and court decisions, the aim of this study is to highlight deeper social problems, which predispose mothers to susceptibility to matricide. Therefore, the article contributes new knowledge to the discourse within the field of gender-based violence against women. Moreover, this study provides professionals in the field of domestic abuse with enriched comprehension of the matricide phenomenon and enhances institutional cooperation seeking prevention of violent behaviour and adequate protection of victims.

Regulation of Resource Management for Territorial Defense in the Context of Domestic and International Crime: International Legal Experience

Regulation of Resource Management for Territorial Defense in the Context of Domestic and International Crime: International Legal Experience

Universal Jurisdiction: The Complex Implementation

The article discusses the concept of universal jurisdiction and its implementation in international law. It explores the relationship between universal jurisdiction and treaty law, as well as customary international law. The author emphasizes the importance of universal jurisdiction in holding individuals accountable for serious international crimes, even when they flee to another country. The article also discusses the concept of hot pursuit and its connection to universal jurisdiction. Real-life geopolitical events are presented to illustrate the complexities and challenges of implementing universal jurisdiction. The author argues that universal jurisdiction can contribute to peace and security by redefining international relations and moving away from traditional approaches. The article draws on various primary and secondary sources to support its arguments.

The formation of criminal liability for the crime of aggression in international law at the end of the XIX - first half of the XX century

The subject of this study is an act of aggression as a crime, according to the provisions of international criminal and international humanitarian law. The article examines in detail the prerequisites for the formation of legal, in particular, international legal responsibility for the commission of acts of aggression. The author believes that the end of the XIX century became the starting point for the development of legal responsibility for the conduct of aggressive wars, as well as the nature of their conduct. Special attention is paid to the fact that the provisions enshrined in the Charter and the Verdict of the Nuremberg Tribunal have become imperative norms of international law in terms of fixing international crimes, as well as the principles of responsibility for their commission. It is separately noted that the verdict of the Tribunal became an act of increased strength of the people against the commission of crimes of aggression. The research methodology includes the use of such methods of legal science as historical, formal legal, systemic, as well as methods of analysis and dialectics. The novelty of this study lies in the fact that the work is a comprehensive detailed study of the process of establishing international criminal responsibility for the crime of aggression in the period from the end of the XIX century to the first half of the XX century. The author analyzes the historical and legal aspects of this process, considering various international documents, agreements and events of that time. The special contribution of the author of the study is expressed in the fact that based on an extensive analysis, the author, through the prism of legal doctrines, international norms and historical reality of the time period under consideration, draws conclusions about what factors influenced the development of understanding of the crime of aggression and why the legal status of criminal responsibility in this area began to form at that time.

A STUDY ON CHALLENGES RELATED TO CYBER LEGISLATIONS

Now due to the technology development in the modern era, we are totally dependent on the technologies for day to day action.So now people started to use it for crime also. To examine the people’s knowledge about cybercrime and to ensure the importance of safety on the internet and to analyse cyber laws that are effective to control cybercrime.Cyber hacking became evident in the year of 1970,this type of crime is very difficult for enforcement of law because of the lack of legislation and shortage of skill in the technology. They suggested that an awareness campaign should be started in the rural areas to spread awareness . The empirical study of research is normally used in this research paper. A total of 202 samples have been taken out of which is taken through a convenient sampling method. The sample frame taken by the researcher is through the internet.The independent variable taken here is age, occupation, gender, educational qualification, locality and Marital status.The dependent variables the people’s knowledge about cybercrime , importance of safety on the internet ,laws that are effective to control cybercrime.The statistical tool used by the research is graphical representation.We don’t have universal law which governs cybercrime as we all know it is borderless, transnational and international crimes. If we have it then , So that wherever cybercrime is committed, the person can be trailed irrespective of where the person is situated. KEYWORDS: Information , Cybercrime, Technology, Development, Virtual Space.

The Role of Civil Society in Promoting Corporate Accountability for International Crimes

The Role of Civil Society in Promoting Corporate Accountability for International Crimes

Talisman Energy and the Second Sudanese Civil War

Holding corporations accountable for complicity in international crimes is especially difficult, due to lacking international legal guidelines and the fact that corporations do not become complicit for the same reasons that perpetrators commit crimes. The oil company Talisman Energy has been praised for its 2003 divestment from Sudan, but the corporation was never held accountable for its involvement in the second Sudanese civil war and victims were not compensated. This paper analyzes the Talisman Energy case through the lens of the International Commission of Jurists’ framework for corporate complicity, and illustrates the advantages of an adaptable knowledge and foresight threshold complemented by measures of causality and proximity. Adopting a holistic framework like this in legal provisions may prevent wrongful acquittals in the future and contribute to transitional justice for the victims of international crimes. While there is more work to do to design the appropriate legal provisions, this exploratory study recommends three fields of action: a broader awareness of the corporate accountability gap; a consideration of corporate accountability in transitional justice programs; and further research on the overlap between corporate accountability and transitional justice.