International Crimes Research Articles

Criminal law and procedural characteristics of war crimes in Ukraine (after the full-scale invasion of the russian federation into Ukraine)

Criminal law and procedural characteristics of war crimes in Ukraine (after the full-scale invasion of the russian federation into Ukraine)

Universal Jurisdiction: Law out of Context

Universal jurisdiction enables the prosecution of international crimes by domestic courts in the absence of any nexus between the prosecuting state and the crime charged. While the temptation is for domestic judges to proceed with ‘business as usual’ in the conduct of such trials, difficulties in the practice of universal jurisdiction reflect the importance of developing a better understanding of the distinctive communities, interests, crimes and cultures these trials are intended to serve. The exercise of universal jurisdiction is commonly regarded as a form of domestic jurisdiction exercised pursuant to a sovereign right under international law. This article invites a re‐conceptualisation of the concept of universal jurisdiction, explaining that it is not a form of domestic jurisdiction acquired based on sovereign nexus between the crime charged and the prosecuting state. Instead, it should be recognised as a form of decentralised ‘international jurisdiction’, exercised as part of a state's contribution to the enforcement of international criminal law. This re‐conceptualisation has implications for the way in which domestic courts engage with many of the challenges facing universal jurisdiction trials, including problems of community, case selection, proof and translation.

Examining the international political and legal accountability of states for genocide, ecocide, and weapons of mass destruction: current norms, practices, and political implications

The article reveals the international framework of political and legal liability of states for committing acts of genocide, ecocide, and using weapons of mass destruction. It is emphasized that these areas form a separate legal responsibility institution within international law. The author emphasizes the lack of unity between theoretical and practical aspects of legal regulation of using weapons of mass destruction, as well as the role that liability plays in the progressive development of law. The paper also highlights topical issues related to the paradigm shifts in modern international law due to the cases of genocide, ecocide, and WMD. The study aims to analyze international legal norms and practices of holding states accountable for the crimes of genocide, ecocide, and use of weapons of mass destruction. The following methods were employed in the course of this research: systemic, comparative legal, historical and legal, structural and functional, and generalization. The article emphasizes that most international crimes are committed with the support or under the control of collective entities, especially states. Nevertheless, international law has tended to impose responsibility for such crimes not only on certain people but also on states. The predominant response of the international community to international crimes was to impose responsibility on specific persons to the extent that it has been directed through international responsibility law. In this regard, it has been symbolized by prosecuting particular criminals through international criminal courts and tribunals.

The Ten-Year Revolution

Abstract This article reviews the evolution of the role of civil society documentation efforts in international justice proceedings since 2013 circa. It is written from my personal perspective by virtue of my involvement in a series of initiatives aimed to strengthen civil society’s (as well as other international justice actors’) documentation efforts through the collection of standards and best practices, which the essay also discusses. In particular, it reviews the process and challenges of setting forth the first comprehensive guidance and set of best practices for civil society documentation with the Public International Law and Policy Group’s ‘Handbook on Civil Society Documentation of Serious Human Rights Violations’. It argues that civil society documentation efforts have undergone a revolution within the field: from the margins to the very heart of international judicial proceedings upholding accountability for international crimes. This revolution was, in part, rendered possible by a changing documentation landscape and the proliferation of documentation resources and capabilities now readily available to the civil society. After reviewing the current state of play with respect to documentary efforts and documentation best practices, which I situate within the context of a broader evolution of the international justice ‘ecosystem’, the article addresses some ongoing challenges in documentation and areas that would benefit of further strengthening in the future.

International cooperation in the field of forensic medical examination

Forensic medicine plays a key role in the international legal system, providing scientifically based evidence for the resolution of court cases. The importance of this discipline extends beyond national borders, requiring specialists to continually exchange experience, knowledge, and innovative technologies [1]. Intermediate medical staff, including nurses, laboratory technicians, and technologists, play a vital role in maintaining the high quality of research and expertise. In light of globalization and international crimes, forensic medicine faces the need for unified standardization of methods and procedures, which is possible only on the basis of enhanced international cooperation.

Balancing the Interest in Prosecuting International Crimes against the Fair Trial Guarantees

Abstract The Italian Constitutional Court recently issued its ruling in the context of the criminal proceedings concerning the torture of Giulio Regeni, an Italian PhD student whose dead body was found in Egypt. The case raised the issue of whether the impossibility of prosecuting the alleged perpetrators of acts of torture was compatible with Italy’s international obligations. The Constitutional Court concluded that the duty to prosecute torture imposed to hold the trial even in absentia, subject to the right of the accused to obtain a retrial. This contribution will show how the Constitutional Court filled a lacuna in the domestic legal framework by balancing the international obligations at stake. It will assess the questionable aspect of the judgment, notably the identification of the source of the alleged duty of the State of passive nationality of the victim to prosecute of torture. Lastly, it will assess the case in the light of the international legal framework concerning trials in absentia.

The Criminal Safeguarding of the Environment and its Contribution to Realizing Sustainable Development

Today, the environment and the planet's many species are facing an unparalleled threat, making the lives of societies vulnerable to significant threats to their existence. This has necessitated the need to protect the environment from such threats by codifying the criminalization of all environmentally harmful behaviours as well as other types of protection. This paper, entitled "Criminal protection of the environment and its contribution to sustainable development", is an attempt to capture aspects of criminal protection of the environment and its impact on sustainable development by addressing the role of domestic laws and international treaties in reducing environmental degradation. The study concluded with several recommendations, the environment for the future is vital to the survival and well-being of the global community and to preventing ecocide under the pretext of implementing sustainable development goals. There is an urgent need to protect the environment more effectively by punishing those who hurt it and the need to legalize it. Acts of ecocide as an international crime.

National legislation as a source of the obligation to extradite or prosecute (aut dedere aut judicare)

The article, based on the study of doctrinal developments and the practice of states, reveals the issue of national legislation as a source of the obligation to extradite or prosecute (aut dedere aut judicare). The article highlights the position of the UN International Law Commission on the role of national legislation and state practice in implementing the obligation to extradite or prosecute; the practice of certain states (Finland, Estonia, Macedonia, Azerbaijan, Ukraine) regarding the legal establishment of the obligation to extradite or prosecute is considered; the measures that states should follow at the national level in order to effectively implement the principle of aut dedere aut judicare are defined.
 The article establishes that the determination of the legal nature and scope of the obligation aut dedere aut judicare is possible through the study of various types of sources in which this obligation is established (treaties, customs, international and national court decisions, national legislation of states). The obligation to extradite or prosecute has traditionally been established by international treaties of various types, the number of which is constantly increasing. The participation of many states in such international treaties (of a universal, regional or bilateral nature) is a reflection of the existing national practice of the states regarding the implementation of the principle of aut dedere aut judicare.
 It is substantiated that, along with treaties and customary (at least for the most serious international crimes) enshrining the principle of aut dedere aut judicare, national criminal law is an important source of the obligation to extradite or prosecute. The effective implementation of the principle of aut dedere aut judicare in each specific case will depend on the state’s fulfillment of both its international obligations and the implementation of the necessary measures (in particular, regarding the establishment of jurisdiction over offenders and criminal offenses) defined in national legislation with regard to extradition and prosecution.

The International Criminal Court: current problems and ways of their solution

The article examines the current problems of the functioning of the International Criminal Court, in particular the main problem – insufficient expected effectiveness, problematic issues of jurisdiction, initiation of proceedings, duration of proceedings and its influence on the effectiveness of the ICC, as well as the issue of proper cooperation between the ICC and states.
 It is emphasized that the establishment of international criminal justice bodies was a response to impunity for committed international crimes, which arises due to the ineffectiveness of national legal systems in the fight against international crimes. It is emphasized that the effectiveness of the International Criminal Court largely depends on cooperation with states and international organizations, as well as available financial and human resources.
 It is concluded that there is an urgent need for the international community to review the mechanisms of response to those states that, by not extraditing suspects, de facto contribute to impunity for committed international crimes; effective countermeasures and sanctions by states and international organizations should be applied to them.
 Emphasis is placed on the expediency of amending the Rome Statute in accordance with Article 121 of the Rome Statute, giving the International Criminal Court unconditional ratione materiae jurisdiction over the crime of aggression, as is the case with genocide, crimes against humanity and war crimes. It is emphasized that the International Criminal Court should become a permanent court that will have such jurisdiction; in its turn, this will reduce the risk of committing new armed aggressions.
 A partial solution to the problem of the excessive length of criminal proceedings at the ICC is proposed by increasing funding and recruiting additional personnel.

Defining an International Crime: Historical and Contemporary Developments

Despite the desirability of the identity of crimes being specific, the category of conduct constituting international crimes remains blurry. In consequence, the controversy over what is, or is not, an international crime has continued to rage on. Different criteria have been used to classify a specific conduct as an international crime. As a source of authority, some authorities point to the works of scholars, treaties, legal systems, the statutes of international criminal courts, or even works of the International Law Commission, to identify an international crime. Nevertheless, unanimity in identification remains elusive. Thus, this article examines differing perspectives on the constituents of international crimes. The analysis is relevant because the definition of crime forms the bedrock of international criminal justice. However, the paper finds that leaving the category of conducts constituting an international crime open, facilitates the inclusion of other grave or emerging forms of criminality, which may also rise to the threshold of the crimes within the jurisdiction of international criminal tribunals. Although this may appear advantageous, the need for predictability, consistency and uniformity in the categorization of an international crime cannot be overemphasized

Comparative Criminology of Modern View

An overview of the recently revived discipline of comparative criminology is the aim of this chapter. It starts by going over the background and context of comparative criminology then moves on to describe the modern comparative viewpoint. The chapter outlines the typical methods for doing comparative criminological research after outlining several frequently advanced goals for the field, such as theory development and testing and policy review and critique. The primary theoretical traditions of comparative criminology are first reviewed, with a focus on structural theories rooted in culture, social bonds, and the distribution of economic resources, as well as metanarratives like modernization, civilization, opportunity, and world system theories. Next, the chapter addresses methodological issues by summarizing some of the more popular dependent variables that comparative criminologists have studied and noting how these variables have been operationalized in the literature. It then examines the three methodological approaches metalevel, parallel, and case studies that are most frequently used in the field. Data regarding crime and justice worldwide are now more available than ever because of the expansion of international "transparency" and the World Wide Web's information-dissemination capabilities. The three most prevalent forms of data on international crime and justice officials, victimization, and self-report data are covered in this chapter along with the risks to each type's validity and dependability. Interested readers are directed to current sources of information pertinent to commonly used explanatory concepts. The chapter concludes by noting that although globalization and worries about transnational crime have contributed to the growth of comparative criminology as a field of study, the discipline is still in its infancy because systematic comparative work in criminology was largely neglected during the 20th century. Renaissance, in theory, is needed to support growth in this promising field of study so that theory drives research rather than just additional data.

Crimes against humanity: concepts and signs

The relevance of the article is obvious because the terrible crimes committed by the Russian Federation on the territory of Ukraine shook not only Ukrainian society but also the whole world. Russian military personnel and their command commit large-scale and systematic attacks on the civilian population - brutal murders, torture, torture, rape, enslavement, extermination, deportations, imprisonment, the crime of apartheid and other illegal acts of a cruel nature directed against the people of Ukraine.
 The relevance of the study is also related to the fact that the Criminal Code of Ukraine (hereinafter - the Criminal Code of Ukraine) does not contain a definition of crimes against humanity, unlike other crimes such as military or war crimes. We will try to figure out how the actions of criminals will be qualified by Ukrainian courts and who will be held criminally responsible at the international level in the event that crimes against humanity are committed in Ukraine.
 «Crimes against humanity» as a separate group of crimes in international law was first reflected in the joint declaration of the governments of France, Great Britain and Russia on May 28, 1915 as a protest against the genocide committed by Turkey against the Armenian population. The result of the criminal events was the killing of more than a million people, prompting the international community to label this shameful act as a «crime against civilization and humanity» for which the leaders of the Turkish government should be held accountable.
 Crimes against humanity are crimes designed to destroy the very nature of man. These crimes are considered the most heinous crimes, because they mean deliberate mass killings either by the fact of the very existence of people (crimes against humanity) or by the fact of belonging to an ethnic or national group (genocide).
 In a number of international documents, such as: the Statute of the Nuremberg International Military Tribunal, article 6c; Charter of the International Military Tribunal in Tokyo, Article 5c; Law No. 10, adopted by the Control Council of the Allied Powers in Germany in 1945, Article II, 1c; UN Convention of December 9, 1948 on the Prevention of the Crime of Genocide and its Punishment; Statutes of international criminal tribunals for Yugoslavia, Art. 3-5 and Rwanda Art. 2-3; Statute of the International Criminal Court, Art. 7, such international crimes as crimes against humanity are reflected, from this it follows that universal jurisdiction extends to crimes against humanity.

Political and legal aspects of obtaining post-war reparations for crimes of ecocide committed by the Russian Federation on the territory of Ukraine

The war that has been going on in Ukraine for more than nine years is dealing a devastating blow to the environment every day, as any military action affects the Earth’s natural resources in one way or another. Every day, the army of the aggressor state uses methods and techniques of armed conflict prohibited by international humanitarian law and causes intentional damage to the environment and civilian population of Ukraine. With this in mind, the article examines the conceptual framework (theoretical and practical) for the payment of post-war reparations by the Russian Federation to Ukraine and its political partners in connection with the international crime of ecocide.
 It is established that attention to the issues of environmental pollution is quite justified, since due to harmful production processes of economic activity, as well as due to armed conflicts, human civilization is destroying the Earth’s ecological shell, thereby causing irreversible damage and bringing us closer to an environmental catastrophe. Such actions are recognized in public international law as ecocide, although there is still no single definition of this concept at either the national or international level.
 The concept of “ecocide” arose long before its practical application in domestic and international scientific circles. At the same time, the active use of the term “ecocide” and its consideration as one of the main international crimes began only in the late 1970s. This was the impetus for the implementation of provisions on ecocide in national legislation and the establishment of criminal liability for its commission.
 At the same time, the author emphasizes the urgent need to amend Article 5 of the Rome Statute of the International Criminal Court due to the fact that the concept of “ecocide” is mentioned in the document in passing and does not contain clear legal regulation. The initiative of the Stop Ecocide Foundation, which presented the Draft Amendments to the Rome Statute of the ICC in June 2022 on the occasion of the 75th anniversary of the Nuremberg Trials, is considered promising. Unlike the current version of the Statute, the initiators provide a clear definition of the concept of “ecocide”, which will allow the signatory states to freely apply this provision in practice.

The Crime of Genocide Considering International Humanitarian Law

Obtaining justice for individuals from different groups in the international community is a fundamental human right. Because of this, the United Nations has consistently recognized genocide as an international crime that is denied by everyone and for which those who commit it should be held accountable. Consequently, genocide falls under the purview of international criminal courts; however, its definition, elements of criminal liability, distinction from other international crimes, and standards used by the court to classify genocide crimes must all be defined. Understanding the elements of the crime is essential. These crimes damage humanity and jeopardize global peace and security, which makes it necessary to establish international courts with the authority to prosecute the perpetrators of these crimes. Genocide is not something that typically happens overnight or without warning. It is, in fact, a deliberate strategy. Genocide has a considerable impact on future generations. It has a detrimental effect on the safety and security of the population in neighboring areas because its consequences extend beyond the borders of the devastated country. For instance, the genocide in Rwanda is still being felt today in many ways, both inside the nation and among its neighbors, particularly in the Democratic Republic of the Congo's eastern territories.

Investigation of International Transport Crimes

Investigating international transport crimes is a challenging issue for current global security, law and order, as well as economic stability. The aim of the article is a detailed analysis of international measures to combat illegal transportation, the crime rate, and security at customs. The data on the number of open violations at the European Union (EU) customs are provided, and the use of advanced technologies and international cooperation is described based on statistical analysis and a graphical method. As a result, the relationship between the effectiveness of customs control and the reduction of illegal transportation is established. The results indicate a low level of violations of the organisation of illegal transportation at a minimum level of 82 and a maximum of 106 cases in Europe. There is a need for an integrated approach that includes legal, technological, and international measures to combat this problem. The research opens up new opportunities for understanding the effectiveness of various strategies to combat illegal transportation. Prospects for further research in this area include the development of new international legal initiatives, improvements in monitoring technologies and a deepening understanding of the relationship between law and order, the economy, and global security.

Investigating and Prosecuting International Crimes Committed in the Context of the Russian Aggression Against Ukraine: The Polish Involvement

The paper aims to present the available options relating to the investigation and prosecution of international crimes allegedly committed in Ukraine by the Russian authorities and members of the Russian armed forces. Firstly, it presents domestic Ukrainian criminal proceedings on these crimes. Then, the ongoing investigation in the International Criminal Court on war crimes and crimes against humanity as well as the initiatives to create a special international court that would deal with the responsibility for the crime of aggression are explored. Finally, considering substantial Polish involvement, it would be interesting to have an insight into how Poland already has and could, in the future, further contribute to bringing to justice the perpetrators of international crimes committed in Ukraine.

The issue of recognition of ecocide as a crime by environmental courts and tribunals

The article analyzes the recognition of ecocide as a crime by judicial institutions. Ecocide still has not re-ceived a well recognized definition. However, the proposal to acknowledge ecocide as an international crime developed by the Independent Expert Panel for the Legal Definition of Ecocide, as well as the recognition of environmental crimes similar to ecocide as set out in the Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law, should be highlighted and ana-lyzed. The purpose of the study is to analyze the impact of new approaches to the crime of ecocide on the practice of environmental courts and tribunals. By the application of general and specialized research meth-ods, the author identifies possible changes in the jurisprudence of already existing judicial institutions, as well as the likelihood of the emergence of international courts and tribunals dedicated to separate cases of ecocide. The article concludes that new approaches to the definition of ecocide may lead to further development of in-ternational environmental law and national environmental law of the Republic of Kazakhstan, as well as the possible emergence of effective international mechanisms to protect international environmental security.

Recognising Cyber Blockades as Crimes Against Humanity: Can International Criminal Law Keep Up?

As a result of the heavily digitalised world on top of our increasing online presence and interconnectedness, states and civilian populations are becoming more and more vulnerable to cyber attacks. It is thus imperative to examine the dangers large scale cyber attacks pose with respect to their contribution to potential human suffering. As such, these large scale cyber attacks, especially a cyber blockade, may be able to constitute an international crime. The Prosecutor of the International Criminal Court announced at the Digital Front Lines conference that his office is willing to investigate cyber operations as potential war crimes given that they are capable of causing severe consequences akin to kinetic warfare. (Yoon Onn, 2023) This is the first significant step towards recognising the harmful effects of malicious cyber operations as international crimes. However, not only is the Rome Statute itself silent on cyber operations as potential international crimes, the ICC has not yet seen a case concerning malicious cyber activities as either a war crime or as a crime against humanity. As such, the central question the paper seeks to answer is whether the Rome Statute could potentially encompass cyber blockades as the crime against humanity of “other inhumane acts” under Article 7(1)(k) of the Rome Statute. The paper looks at crimes against humanity for three reasons: firstly, Karim Khan KC has already touched on cyber attacks potentially prosecuted as war crimes, as mentioned above, thus the knowledge gap is gradually being bridged with respect to war crimes. Secondly, there is an absence of any regulatory framework should a cyber blockade be unleashed in peacetime, where international humanitarian principles do not apply. Thirdly, establishing a cyber blockade as a crime against humanity would lead to greater individual criminal responsibility as opposed to a war crimes conviction. This, in turn, would send a strong deterrent message in both war and peace.

African Philosophical Contributions to International Criminal Law

Abstract This article displays the various ways that African philosophies have made a contribution to international criminal law. It shows that African philosophies have, to a certain extent, influenced the manner in which post-conflict African states as well as the African Union (au) address accountability for grave breaches of international law. This influence is evidenced in the setting up of traditional African approaches to accountability for international crimes in post-conflict African states as well as in some of the au initiatives which address accountability for grave breaches. The article begins by contextualizing the topic within traditional African cultures through a historical analysis of the practices, concepts and institutions that governed criminal accountability as well as an analysis of the African philosophies upon which these practices, concepts and institutions were anchored. It continues with the concern of ‘how’ and ‘to what extent’ African philosophies have influenced international criminal law. Moreover, it considers some of the controversial areas of international criminal law in which African philosophies are overlooked, despite their potential to make a valuable contribution. This section is supported by the belief that a combined approach to international criminal law, of both traditional African and Western concepts, offers a better solution to the current impasse experienced in certain areas.

Peculiarities of international criminal liability: legal realities and past experience

The relevance of the topic of international criminal responsibility in the modern context is emphasized not only by the need to improve the mechanisms of legal response to violations of the international legal order but also by the need to develop and apply effective strategies to combat the most important crimes. Crimes against humanity, war crimes, and genocide are catastrophic manifestations of violations of the basic principles of humanity and international law, which require immediate and decisive measures to ensure the accountability of those responsible for such acts.
 In the conditions of a constantly changing world order and new challenges facing the international community, the proper study and analysis of legal realities and experience in the field of international criminal justice acquires importance.
 In the context of the evolution of international criminal law and the deepening of international cooperation in the field of justice, this study sets itself the task of identifying and analyzing the trends in the development of international criminal responsibility, focusing on the need to improve existing tools and define new strategies for ensuring the effectiveness of justice in the context of changing challenges in the modern world.
 This research, aimed at promoting understanding and solving modern challenges in the field of international criminal responsibility, is of great practical importance for the development of effective measures to counter international crimes and to hold accountable those who commit such violations.
 The main importance of this study lies in the fact that it contributes not only to the scientific understanding of the theoretical aspects of international criminal responsibility but also to the formulation of practical recommendations for improving the existing mechanisms of countermeasures and bringing guilty persons to justice. The scientific contribution to this topic will allow us to develop and implement new strategies for ensuring justice, as well as to determine the ways of further development of this complex and important field of international law.