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Largely overlooked in the otherwise comprehensive literature on international criminal justice, this book focuses on “parenthood”, “oversight” and “ownership” by the tribunals’ governing bodies, concepts unnecessary in national jurisdictions, and traces the tension between governance and judicial independence through the different phases of the tribunals’ lifecycles: from their establishment to commencement of operations, completion of mandates and closure, and finally to the “afterlife” of their residual phase.
Largely overlooked in the otherwise comprehensive literature on international criminal justice, this book focuses on “parenthood”, “oversight” and “ownership” by the tribunals’ governing bodies, concepts unnecessary in national jurisdictions, and traces the tension between governance and judicial independence through the different phases of the tribunals’ lifecycles: from their establishment to commencement of operations, completion of mandates and closure, and finally to the “afterlife” of their residual phase.
A comparative examination of the actual trials and the manner in which Ethiopia set prosecutions of core crimes in motion, Metekia’s book is a significant achievement in terms of furthering academic knowledge and of contributing to the wider policy debates on international criminal justice and on the role of states in prosecuting atrocities.
A comparative examination of the actual trials and the manner in which Ethiopia set prosecutions of core crimes in motion, Metekia’s book is a significant achievement in terms of furthering academic knowledge and of contributing to the wider policy debates on international criminal justice and on the role of states in prosecuting atrocities.
As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law.
As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law.
Abstract
I examine the criminal responsibility of companies for crimes committed with their exported weapons, even if that export was authorised by national authorities. Responsibility may rise directly from the national export control law and/or from (international) criminal law (icl) concerning (international) crimes committed. While (transnational) corporations have a due diligence obligation to prevent serious human rights violations, it is unclear how a national authorisation relates to this. Does it displace it, or is the authorisation overridden by the obligation? To better understand how a national authorisation procedure works, before analysing this issue from an icl perspective, I analyse German law regarding a recent case of weapons supply to Mexico. The situation under icl law is then examined regarding the Yemen complaint submitted to the International Criminal Court (icc). The article attempts some thoughts on dealing with this and similar cases, hoping to serve as a starting point for further debate.
Abstract
The debate on introducing the international crime of ecocide and corporate liability at the international level has been intense during the last fifty years. A recent research project elaborated two draft conventions on the supranational crime of ecocide and transnational crimes (eco-crimes), both acknowledging corporate liability. Also in recent years, the International Monsanto Tribunal – an opinion tribunal – found the Monsanto multinational enterprise responsible for ecocide: although not binding, its advisory opinion tackles most of the critical issues arising from corporate environmental crime. After a review of the case, the article analyses the Draft Convention Ecocide, focusing on the main features of this crime and the corporate liability system provided. Albeit some aspects could be subject to critics, the project has several strengths, particularly for its pragmatic approach to corporate remediation, and also aimed at fostering the dialogue between the national States through the approval of a specific convention.
Abstract
This exploratory study documents International Criminal Court (icc) personnel’s perspectives on the effectiveness of the icc. It examines practitioner views on the icc’s goals, strengths, weaknesses, and effectiveness. Interviews with nine professionals from the Office of the Prosecutor, Defense, and Chambers reveal several themes. Professionals agreed upon the icc’s greatest strengths: its foundation and its symbolic value. They also named common weaknesses, including its reliance on state cooperation, challenges in administrative functions, and, from the perspective of largely Defense personnel, an unfair disadvantage against the Defense. While personnel often agreed upon which factors needed improvement, they diverged on precisely how to improve them. However, they alluded to several potential paths forward. Interviews ultimately suggested the Court has several areas requiring improvement, but a solid foundation and considerable potential. These interviews coincide with ongoing reviews of the Court, providing a fuller picture of its effectiveness.
To fully realise the court’s contribution, the African Union’s institutional objectives and approach to justice, peace and security, the author argues for the inclusion of the court within the African Peace and Security Architecture. By adopting such a holistic understanding of the Malabo Protocol court within the AU structure, a more accurate depiction of the potential of an African criminal court emerges.
To fully realise the court’s contribution, the African Union’s institutional objectives and approach to justice, peace and security, the author argues for the inclusion of the court within the African Peace and Security Architecture. By adopting such a holistic understanding of the Malabo Protocol court within the AU structure, a more accurate depiction of the potential of an African criminal court emerges.