Browse results

You are looking at 1 - 10 of 5,427 items for :

  • International Criminal Law x
  • Search level: All x
Clear All
In this original and thought-provoking collection, the Editors provide a multilayered study of the "crime of crimes". Adopted in 1948, and based on Raphael Lemkin's idea, the definition of genocide belongs to the cornerstones of international criminal law and justice.
This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.
An Ethnomethodological Investigation into the Production and Assessment of Legal Targeting
The book provides an empirical account of the laws that regulate today’s scenes of armed conflict by looking into the details of one particular military incident and its ex-post legal accounting. Empirically, the book focuses on a highly controversial airstrike in Afghanistan (2009), in which large numbers of civilians were identified as combatants and killed as such. The incident lends itself to reflect upon the relation between the violation of procedural rules and the violation of the international laws of armed conflict. The ethnomethodological Law-in-Action research investigates the practical details of legal accountability and explores how the event shaped and specified the legally required protection of civilians in armed conflict. Exploring the collaborative and systematic work that goes into the ‘application of law’ at the military and the judiciary site, the study develops an empirical respecification of the concept of ‘juridification of warfare’.

Abstract

This study aims to quantify and characterize direct and indirect victimization and to analyse the associations between victimization and sociodemographic, criminal and environmental, social control and community variables in the urban area of the Historic Centre of Porto (hcp), Portugal. A total of 554 participants answered the “Diagnosis of Local Security Questionnaire” through face-to-face inquiry. The overall prevalence of victimization was 38.11%, with 17.7% being direct victims and 29.0% indirect victims. The most reported crimes were robbery, theft and offenses to physical integrity, which occurred mainly at night, on the street. The majority of victims sought police support, but satisfaction level with the authorities was low. Sociodemographic, criminal and environmental variables were associated with (in)direct victimization.

In: European Journal of Crime, Criminal Law and Criminal Justice

Abstract

The application of Article 6(1) echr under certain conditions in the case of the victim constitutes a distinct scope of application of the right to a fair trial. Even though the article applies only to the accused in its criminal aspect, it may apply in its civil one in criminal proceedings in the case of the civil party or any other procedural status inextricably linked to securing a civil claim. In this article, the exact scope of application for the victim will be examined alongside the extensive case-law of the ECtHR, which redefines the rights deriving from Art.6(1), revealing a new aspect of the right to a fair trial.

In: European Journal of Crime, Criminal Law and Criminal Justice
Author: S.S. Buisman

Abstract

When criminal law became one of the components of the Union’s objectives, the EU obtained explicit substantive criminal law competences. Minimum rules on substantive criminal law facilitate the principle of mutual recognition, allow for the approximation of sanctions and common definitions of certain offences, and make it possible to respond to global challenges. Criminal law could also have serious consequences for the persons involved. The EU legislator should therefore exercise caution when exercising its competences to approximate the substantive criminal law of its Member States. Criminalisation principles offer the legislator an argumentative framework, which can be used to determine whether criminalisation is legitimate and justified. This article aims to introduce a set of uniform set of criminalisation principles at the EU level.

Open Access
In: European Journal of Crime, Criminal Law and Criminal Justice
In: European Journal of Crime, Criminal Law and Criminal Justice

Abstract

The defence of mental incapacity raises unique challenges in the particular context of mass atrocity and international criminal law. Yet, it has remained largely unexplored in the jurisprudence of international courts and tribunals. The Trial Chamber judgment issued by the International Criminal Court in the case of Dominic Ongwen offered a unique opportunity to remedy this and clarify the legal contours of the defence. Unfortunately, the court engaged minimally with these issues. This article examines the court’s reasoning in the Ongwen case and the lessons that may be learnt from it about the operation of the defence, particularly in relation to the treatment of expert evidence. It is contended that while there were significant shortcomings in the claim put forward by Ongwen in the aftermath of the judgment, the prospects of advancing a successful defence of mental incapacity based on control-related disorders in the future appear limited.

In: International Criminal Law Review
Editor-in-Chief: William A. Schabas
The International Criminal Law Series contains books, monographs and collections of essays on current issues of international criminal law. Its aim is to advance scholarly and practitioner understanding of the discipline of ICL and its evolving interaction with other legal disciplines on a global basis.