Browse results

This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL in 2020, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints. The contributions span a wide range of national jurisdictions with examples from both the Global South and the Global North. In addition, the potentialities and limitations for climate change-related cases at the regional and international levels are addressed, ranging from regional human rights courts and United Nations Treaty Bodies to the International Court of Justice, the World Trade Organization, the International Criminal Court and international arbitration. The volume will be of interest to legal scholars and legal practitioners, policy makers as well as activists and all those who are seeking to achieve change for the better in this field.
Author: Huw Llewellyn
Huw Llewellyn offers a comparative institutional analysis of the five United Nations criminal tribunals (for the former Yugoslavia, Rwanda, Sierra Leone, Cambodia and Lebanon), assessing the strengths and weaknesses of their institutional forms in supporting the governance, independence and impartiality of these pioneering criminal justice bodies.

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.
Domestic Practice vis-à-vis International Standards
Tadesse Simie Metekia’s Prosecution of Core Crimes in Ethiopia offers an in-depth analysis of core crimes trials in Ethiopia within the broader frame of international criminal law. This book is a result of an unprecedented data collection, a meticulous exploration of relevant national and international norms and case laws, as well as a full engagement with the existing literature on the domestic application of international criminal law.
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.
This is the first English written book that includes the most significant opinions of Judge Paulo Pinto de Albuquerque delivered at the European Court of Human Rights. He was the President of the Committee on the Rules of the Court, the President of the Criminal Law Group of the Court and the focal point for the international relations of the European Court with Constitutional and Supreme Courts outside Europe. Previously he had worked as an anti-corruption leading expert for the Council of Europe.
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.
Author: Kai Ambos

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.

In: International Criminal Law Review
Author: Marco Colacurci

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.

In: International Criminal Law Review

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.

In: International Criminal Law Review
The African Union’s Rethinking of International Criminal Justice
In An African Criminal Court Dominique Mystris explores the potential contribution of a regional criminal court to international criminal law and justice across the continent. As set out in the Malabo Protocol, the court’s approach to international core crimes builds on from the current international system. Yet, the additional crimes and region-centric approach reflect the continental concerns.

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.
The originality of this volume lies in the interdisciplinary synergies that emerge through the issues it explores and the approaches it adopts. It offers legal and ethical reflections on the criminal qualification of a series of conducts ranging from human experimentation and non-consensual medical interventions to organ transplant trafficking and marketing of human body parts. It also considers procedural matters, notably related to psychiatric and medical evidence. In so doing, it combines legal and other types of conceptualizations to examine such contemporary issues as rights of the LGBTIQ population, access to medical care, corporate criminal liability, rights of children and Islamic jurisprudence.
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law (ICL). As a nascent legal regime that seeks to regulate the longstanding power of states to manage war and crime, ICL faces challenges to its legitimacy, including disagreement over its aims and effectiveness; inequality in the work of its institutions; and opposition from dominant countries. The editors bring together eleven senior and emerging scholars and practitioners from Europe, Asia, Africa, Australia and North America to analyse these challenges from an illuminating range of theoretical and empirical perspectives. Taken together, the collection ultimately helps advance our understanding of the particularly charged relationship between law and politics in ICL.