Special Tribunal Research Articles

Концепция экологической цивилизации в Конституции КНР

Since the 18th National Congress of the CPC in 2012, China has been actively promoting the construction of ecological civilization. In 2018, the concept of “ecological civilization” was enshrined in the Constitution of the PRC. At present, building “ecological civilization” has become the legislative goal of many laws in China, and China has also established special tribunals for environmental protection and conservation of ecological resources, which provide judicial specialization of environmental protection. The construction of “ecological civilization” is conducive to the protection of the earth’s three major ecosystems: wetlands, forests and oceans. Enshrining the concept of “ecological civilization” in the Constitution of the People’s Republic of China is of great significance to ensure China’s rule of law in the environmental field and presents China’s experience to the world.

The Special Tribunal in Martinique: from the history of French colonial justice in the early 19th century

The focus of this article is on the special tribunal, a special judicial body established in the French colony of Martinique in 1803. It was created to carry out criminal repression against black slaves accused of poisoning, arson, stealing boats and pirogues to escape. The main purpose of the study is to determine the legal basis for the organization of a special tribunal in Martinique and to identify its features in relation to the special tribunals that existed in the metropolis from 1801 and 1802. The question of the correlation of these tribunals in the colony and in the metropolis seems to be little studied in historiography. The subject of research in the work is the evolution of the special tribunal during the period of French rule on the island – from the establishment of the court to the loss of control over Martinique by the French in 1809. To work on the topic, documentary materials from the National Archives of overseas France, published legislative acts and acts of ministers of the Napoleonic era, acts of the island administration from the "Code of Martinique" were involved. The study used the method of concrete historical analysis, comparative legal analysis of legal documents and structural and functional analysis of judicial bodies. As a result of the study, it can be concluded that the competence of the Martinique Special Tribunal has changed towards its expansion over three stages in 1803-1809. From an organ of repression exclusively for slaves, it gradually turned into an extraordinary court for slaves and for free people of color, and then for any vagabonds without a place of residence and recognition. Dangerous crimes of a state nature began to belong to his jurisdiction. The comparison of the tribunal with the special tribunals established in the metropolis in 1801 and 1802 does not confirm the full borrowing of judicial law from the metropolis in the organization of the colonial court and testifies in favor of the originality of colonial justice. However, similar features in the composition of these bodies and in the order of judicial procedure allow us to speak about general trends in the development of judicial systems throughout the French Empire, in the metropolis and in the colonies, expressed in the creation of bodies of emergency justice, alternative to courts of general jurisdiction.

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.

Special International Tribunal on the investigation of the russian aggression against Ukraine: legal analysis, international jurisdiction and challenges

The article is one of the first attempts to provide a comprehensive study of the theoretical and practical foundations for the scientific idea of establishing a Special International Tribunal on investigation of the russian aggression against Ukraine and determining its place in the system of international criminal justice.
 The problematic issues of establishing a Special International Tribunal to investigate the russian aggression against Ukraine have been studied. The organisational and legal efforts of the Council of Europe, NATO, OSCE and the EU in creating an international mechanism to bring the top political and military leadership of russia to justice for its aggression against Ukraine have been revealed. The attention is focused on the international legal analysis of the models for the future special tribunal, as well as its jurisdiction. The main challenges for the international community in establishing a special international tribunal to investigate the russian aggression against Ukraine are identified.
 It has been noted that the establishment of a Special International Tribunal to investigate the crime of russian aggression against Ukraine should become an effective mechanism for investigating and documenting violations of International Human Rights Law and International Humanitarian Law committed by russia on the territory of Ukraine with the identification of those responsible; compensation for victims and restoration of justice for the Ukrainian people from russia's full-scale armed attack; deterrence of aggressive and destabilising actions of the russian federation, which violates the sovereignty and territorial integrity of Ukraine. At the same time, the establishment of a Special Tribunal will have an impact on preventing the recurrence of such crimes, impunity and setting a precedent for similar situations in the future; it will also play an important role in strengthening international law and norms, especially in the context of armed conflicts and aggression between states; as well as it will contribute to the restoration of confidence and stability in the region and around the world, and demonstrate the solidarity of the international community with Ukraine in its struggle to restore its sovereignty and territorial integrity.

Use of Specialized Tribunals for the Settlement of Construction Projects in Times of a Financial Crisis

Abstract Financial crises have ripple effects throughout several sectors. Both the 2008 financial crisis and the recent covid-19 crisis significantly impacted the financial sector. The government of Dubai devised numerous legislative solutions to the 2008 crisis, one of which was creating special tribunals. The success of the legislative remedies adopted by Dubai’s government during the covid-19 crisis is also worthy of attention. This study aims to draw lessons from both crises in recognition of their considerable potential to serve as remedies during emergencies. Moreover, it seeks to analyze arbitration and insolvency/bankruptcy procedures utilized by specialized tribunals.

Special tribunal for the crime of aggression against Ukraine: goals and prospects of creation

The article analyzes the reasons for the creation of the Special Tribunal for the Crime of Aggression against Ukraine, comparing the jurisdiction of the International Criminal Court and Ukraine’s interests in punishing the Russian Federation and its leaders. For the purposes of our research the methods of textual analysis, comparison, data synthesis, formal-legal method and forecasting method were used. Ukraine is trying to make the maximum use of the possibilities of international law and international organizations to punish the Russian Federation for committing the crimes against international law and humanity. It is established that the jurisdictional and procedural capabilities of the International Criminal Court only partially satisfy the needs of Ukraine. Ukraine has not ratified the Rome Statute - the main document of the International Criminal Court; and cannot ratify it during the declared martial law. Similarly, the Russian Federation itself and some allies of Ukraine are not parties to the Rome Statute. Therefore, to resolve these gaps, there is a need to create an ad hoc Special tribunal for the crime of aggression against Ukraine. At the moment, the creation of the Special Tribunal is supported not only by the Verkhovna Rada of Ukraine, but also by the numerous international organizations and the parliaments of the different states: the UN, the Parliamentary Assembly of the Council of Europe, the Parliamentary Assembly of the NATO countries, OSCE, political, legal and social influencers, etc. The statute of the Special tribunal will be able to close the existing jurisdictional loopholes of the International Criminal Court, in particular in matters of determining the subjects of the crime, compensation for damage, and others. Based on the existing preliminary statements of the participants of the initiative group, socio-political influencers, experts and scientists, conclusion can be made that the Special tribunal will be organized through the UN General Assembly, the text of its charter will be addressing the issue of compensation payments to Ukraine and its allies from the seized assets of the state companies and the sanctioned legal and natural persons of the Russian Federation. The prospects of the collective responsibility and the prospects of convicting individuals in absentia will also be important issues. Key words: Special tribunal for the crime of aggression against Ukraine, International Criminal Court, crime of aggression, war crimes.

The International Criminal Court: Whether the Crime of Aggression in Ukraine

Summary Since the establishment of the International Criminal Court (ICC) almost two decades ago, the crime of aggression has not been tested. The Russian invasion of Ukraine seems to provide a fitting opportunity. However, the ICC lacks jurisdiction over the crime of aggression in the current Russian/Ukrainian war. Nevertheless, 24 February 2022 marked the beginning of a renewed attack, as Ukraine witnessed unimaginable proportions of human rights violations, deaths, sufferings, and displacements due to the Russian invasion. While it is incontrovertible that the crime of aggression has been committed by President Vladimir Putin of Russia against Ukraine, and the ICC has begun the investigation of crimes against humanity and war crimes, jurisdictional questions looms. The ICC is empowered to investigate, prosecute, and punish individuals for international crimes, close impunity gaps, and ensure accountability for the ongoing heinous crimes being committed in Ukraine. How can justice be served specifically to Ukrainian victims and generally to the international community for the atrocities being committed and for the crime of aggression? Since the ICC lacks jurisdiction, would the setting up of a special tribunal or hybrid court be better to deal with the situation? How would such special tribunal deal with the issues of immunity and the practicality of investigations and prosecution? This paper discusses these questions and argues that beyond the referrals to the ICC made by over forty states, it may be imperative for the referring states to utilise the universal jurisdiction principle to investigate and prosecute the crime of aggression.

The Geography of Surveillance: Spatial and Temporal Patterning of Police Surveillance Following Arrest in the First Years of the Special Tribunal in Fascist Italy, 1925-1928

Between 1925 and 1928, a fundamental strategy of the Italian fascist regime was the imposition of a political court, the Special Tribunal for the Defense of the State [Tribunale Speciale per la Difesa dello Stato], to control its political enemies and the entire society. One unexplored aspect of the Special Tribunal was its use of long-term surveillance to monitor people brought before the court. Suspects were monitored for long periods even when found innocent or upon release from prison. Blending geographical and historical analysis, specifically HGIS (Historical Geographical Information System), this work contributes to highlight surveillance during the fascist regime, which was less brutal than others not because it was imperfect but because it was sophisticated. Thus, the article also contributes to the understanding of the nature of the Italian fascist regime in comparison to its contemporary counterparts.

Stalin’s Creation & Jackson’s Contribution

Interest in the Nuremberg trials is booming once again. Soviet Judgment at Nuremberg—by Francine Hirsch, Vilas Distinguished Achievement Professor of History at the University of Wisconsin-Madison—is about the Soviet role in the International Military Tribunal (IMT) at Nuremberg. The book has acquired new relevance since Russia’s invasion of Ukraine in February 2022 in violation of international law. Strikingly, not only have the Ukrainian government, and some Western politicians and scholars of international law floated the idea of a new Nuremberg Tribunal, Russian Duma members have as well. Writing recently in Time magazine, Hirsch argued that indicting Vladimir Putin and leading Russian politicians for war crimes, crimes against humanity, and the crime of aggression would require the creation of an ad hoc International Criminal Tribunal or Special Tribunal. Such an indictment, however, should not have a political character, Hirsch points out, but such a trial would offer the possibility of creating a “complete historical record.” A “Nuremberg 2.0” organized by the Russian government would be a “dark alternative” in Hirsch’s eyes. She writes in Time magazine: “This would inevitably be a Soviet-style show trial—a kangaroo court that would degrade international law and could taint the meaning of Nuremberg forever.”1 This viewpoint—that the Soviet Union was fixed on political show trials much as the Putin government may be today—is reflected in Hirsch’s book. However, Hirsch also suggests that international criminal trials always have a political character or partisan interest that must be considered ambivalently: in a positive light, because there is a didactic goal in coming to terms with the past through criminal proceedings; and in a negative light, because impartiality is questionable if the crimes of only one warring party are tried.

Legal Aspects of Creating a Special International Tribunal for the Crime of Russian Aggression against Ukraine

The article examines the concept and legal aspects of creating a special international tribunal regarding the crime of the Russian Federation against Ukraine. Although this research topic first emerged after the events of 2014 related to the aggressive actions of the Russian Federation against Ukraine and the annexation of Crimea, scientific interest in the study of this problem increased after the criminal full-scale invasion of Russia on the territory of the sovereign state of Ukraine. The author considers the evolution of creation of select military tribunals, the specifics of their activities, and the established practice of prosecuting the crimes of aggression. Additionally, the analysis focuses on statements regarding the idea of creating a special international tribunal for the Russian Federation for crimes of aggression against Ukraine. It is substantiated that the highest form of international justice in the modern world is a tribunal, as it provides for a public and inevitable punishment and it acts as one of the elements guaranteeing the inviolability of the international legal order at the same time. The creation of a special tribunal for the Russian Federation will be the impetus for new approaches to expand the jurisdiction of the International Criminal Court so that it can prosecute acts of aggression, and Ukraine will serve as an example for responding to aggression. The author determined, the establishment of an international tribunal for the first time is a complex process because it is often necessary to find new and completely original solutions to many legal and practical problems facing the tribunal. Moreover, the sum total of these decisions should provide the basis for a reasonable and universally applicable jurisdiction for future generations, at the same time allowing the tribunal to take into account the social, cultural and historical context of the conflict in question and to reflect this context to some extent in its decisions and practice.

Ukraine’s Existential War: Dimensions of a Global Conflict

This third special issue of Connections: The Quarterly Journal, dedicated to the ongoing Russia-Ukraine war, expands the understanding of the roots and where Russia’s aggression is headed. Kremlinism is presented as an attack on civilization, deeply rooted in fascist ideology, where hybrid attacks and information-psychological operations are used to advance the geopolitical goal of establishing the Russkiy Mir. The issue examines how the current rules-based legal order is positioned in such a manner that it actually abets Russia’s impunity, including ongoing war crimes and crimes against humanity, and calls for the creation of a special tribunal. The role of women in the realm of war, victimhood, and peacemaking is analyzed through the lens of UN Security Council Resolution 1325 on women, peace, and security, which advocates for the meaningful inclusion of women in peacebuilding and conflict prevention. The fate of Belarus, as a state and nation, usurped by Russia’s expansionary policies, is examined, with a critique of poor Western policies toward it. Russia’s cyber aggression against Europe and Europe’s reactionary stance are discussed in detail. Additionally, the impact of the war on global food security, particularly through changes in fertilizer prices crucial to food production, is analyzed. The final article takes a deep look at the urgent need for modernizing Ukraine’s personnel management system within the armed forces.

Evolution of the Individual Criminal Accountability Principle in International Law

The creation of Special Tribunals with authority to prosecute those accused of "grave breaches" and infringements of the law towards humanity was among the most significant breakthroughs in international law. Unquestionably, this is a recent worldwide development that has raised questions about sovereignty and impunity. Since the horrors committed by the Nazis and the Nuremberg trials, war crimes legislation has expanded its definition to include several offenses that are now referred to as "international crimes" and "crimes of genocide." Although it was created to combat the politics of punishment for those who commit these crimes, some member states are unwilling to prosecute people who commit these recognized international crimes. In fact, the Rome Statute for the International Criminal Court (ICC) was drafted due to the jurisprudence established by these Special Tribunals. More precisely, it has been maintained that Act of war crimes and Act of crimes against humanity are perpetrated by individuals and not by impersonal forces, and that international law can only be upheld and implemented by punishing those responsible for such horrible crimes. Nevertheless, a convincing argument could be made that the establishment of these tribunals heralds a revolutionary change in international law. The qualitative research methodology has been applied to the following article.

The State of the International Criminal Court, of Special Tribunals and of International Criminal Law: A Concise Review

The State of the International Criminal Court, of Special Tribunals and of International Criminal Law: A Concise Review

A Special Tribunal for the Crime of Aggression?

Abstract The Russian Federation is currently in the second phase of what appears to be a war of aggression against Ukraine. While Russia’s invasion is widely thought to satisfy the threshold of the crime of aggression, the routes to accountability for this crime are unclear: The International Criminal Court lacks jurisdiction and domestic courts offer an uncertain alternative. Therefore, Ukraine and a chorus of others are advocating the creation of a special tribunal. This piece explores the options as well as the arguments that speak in favour and against establishing such a special tribunal for the crime of aggression.

A geography of repression: The first years of the fascist Special Tribunal in Italy, 1926–1928

This article analyzes the spatial and temporal patterning of political arrests during the initial years of the fascist regime in Italy, specifically from 1926 to 1928. During these crucial years, Italy's fascists acted rapidly to consolidate their power and to suppress their opponents. A key element of this takeover was the creation of a political court, the Special Tribunal. I examine the work of the Special Tribunal in two ways. First, I analyze the spatial patterning of political arrests on different scales, ranging from local to national. Second, using Agamben's concept of ‘states of exception’, I investigate how the fascists used political crises to further their activities of political suppression. I argue that while the Special Tribunal did target political enemies, it was also used as a sophisticated system of control of territory and population. Drawing on the techniques of the emerging field of historical geographic information systems (GIS), I use the Knox Index and hotspot analysis to focus on the role played by space and place in the fascist system of political oppression. This article contributes to a growing body of historical research focusing on the spatial dynamics of authoritarian regimes in interwar and wartime Europe and the geographies of their carceral practices.

Reviewer Acknowledgements (Vol. 5, No. 1)

International Journal of Law and Public Administration (IJLPA) would like to acknowledge the following reviewers for their assistance with peer review of manuscripts for this volume. Many authors, regardless of whether IJLPA publishes their work, appreciate the helpful feedback provided by the reviewers. Their comments and suggestions were of great help to the authors in improving the quality of their papers. Each of the reviewers listed below returned at least one review for this volume.Reviewers for Volume 5, Number 1Antonio Fortes Martín, Carlos III University of Madrid, SpainDiane M. Hartmus, Oakland University, USAJohn Mark R. Asio, Gordon College, PhilippinesJosé Sebastián Kurlat Aimar, University of Buenos Aires, ArgentinaTatiana Bachvarova, Special Tribunal for Lebanon, BulgariaTaylisi de Souza Corrêa Leite, Anhanguera University, BrazilYusra, University Utara Malaysia, Malaysia

The UN special tribunal for Lebanon (2009–2021): Who cares?

AbstractMore than 15 years after the assassination of Lebanese PM Rafik al‐Hariri, the UN Special Tribunal for Lebanon (STL) delivered its judgement in the Ayyash et al. Case (STL‐11‐01) in August 2020. Reflecting on earlier critical scholarship on the STL, this essay considers the role of the STL in the regional and global geopolitical architecture, and the domestic context, in terms of justice, politics, economy and society. Despite the devastating impact of the assassination, persistent crises over the past decade and a half, have eroded the importance and relevance of the STL to Lebanon, its citizens, and even regional geopolitics. Within this context, this brief intervention considers who does and does not care about the STL and why it has or has not had the desired impact, socially, geopolitically, legally, and even within academic scholarship.

МІЖНАРОДНО-ПРАВОВІ ПІДСТАВИ ВИЗНАННЯ РФ ДЕРЖАВОЮ-СПОНСОРОМ ТЕРОРИЗМУ ТА ПОКАРАННЯ ЗА ВЧИНЕННЯ ЗЛОЧИНУ АГРЕСІЇ ТА ВОЄННИХ ЗЛОЧИНІВ НА ТЕРИТОРІЇ УКРАЇНИ

In connection with armed aggression, violation of a range of international treaties, customary norms of international law, commission of acts of terrorism, many questions arise about the status of the state-sponsored terrorism and criminal prosecutions of the perpetrators of the offense. The purpose of this research is to examine and cover current issues of recognizing the Russian Federation as a state-sponsored terrorism and bringing to individual criminal responsibility the military-political leadership for the crime of aggression and war crimes. The research is based on such methods as analysis, synthesis, generalization and comparison, formal-logical and analytical methods. The analysis and researches of the legal grounds in international law for the recognition of the Russian Federation as a state-sponsored terrorism were carried out, along with general provisions of individual criminal responsibility for crimes against international customary law. Doctrinal approaches to granting status and a definition of the concept of "state-sponsored terrorism" were contemplated and formed respectively, the categories for granting that status are emphasized and the recognition of the Russian Federation is justified by means of the analysis of requirements and documented cases and incidents of unlawful acts committed by Russia. The provisions of the Text of the Articles on the Responsibility of States for Internationally Wrongful Acts of the ILC, the United Nations General Assembly Resolution 2625 (XXV), the International Convention for the Suppression of the Financing of Terrorism are covered, as well as the prospects for recognition as a state-sponsored terrorism by the UN Security Council and the imposition of economic sanctions. The study reveals the issues of criminal responsibility of individuals, namely the military and political leadership of the Russian Federation for the crime of aggression and combatants, other persons for war crimes. The concept of crime of aggression and war crimes is defined, the accusations of the Russian Federation of waging an aggressive war of conquest and committing war crimes in accordance with the categories and summary of the reports of independent missions of international organizations are justified and grounded. Having exemined the provisions of international legal instruments, reports and statements of international organizations that were conducted in Ukraine on the fact of unlawful actions of the Russian Federation, several practical advices on the international legal recognition of Russia as a state-sponsored terrorism was developed and the concepts of creating a special tribunal for the crime of aggression were proposed and noted the prospective of the punishment and criminal responsibility of war criminals.

The Special Tribunal of Lebanon: With Reference to Absentia Judgments Models

The Special Tribunal of Lebanon: With Reference to Absentia Judgments Models

Selected issues of jurisdiction and practice of the Special Tribunal of Lebanon

In the context of globalization and integration, the study of the legal and institutional foundations for the creation and operation of international criminal courts of the «new wave», especially the Special Tribunal of Lebanon, is of great scientific and practical interest. The specified Tribunal, which was created in connection with the terroristic act committed on 14 February 2005 in Beirut, Lebanon, as a result of which the former Prime Minister Of Lebanon Rafic Hariri and other people were killed. On August 18, 2020, after fifteen years of judicial investigation, the Tribunal delivered its judgment in this international crime, namely the case of Ayyash et al. This case caused a great international resonance, which was associated with the peculiarities of the Trial, its organization and sentencing, and also by the fact that the verdict was passed in absentia. The purpose of the article is to determine the legal and institutional framework of the Special Tribunal for Lebanon, as well as to analyze the practice of this international judicial body. The analysis of the case law of this tribunal is carried out taking into account its impact on the further development of international criminal justice and national legal systems. It is important to note that in modern conditions of active development of the international criminal justice system in the field of view of the science of international law are international criminal courts of the so-called «new wave» or «third generation», the study of legal and institutional principles of which in particular, the activities of the Special Tribunal for Lebanon, which became the first judicial body with international and national components to have jurisdiction over cases of international terrorism. Key words: international crime, international tribunal, jurisdiction, terrorism, responsibility.