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- Author or Editor: Caroline Fournet x
Editor-in-Chief:
Caroline Fournet
Call for Papers: 'Time, Transition, and Justice’, a special issue of the
International Criminal Law Review. Guest Editor: Dr. Noha Aboueldahab.
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The practice at the different international criminal tribunals has shown that there is no real international criminal (customary) law, but only extrapolations from international public law, general principles of law and humanitarian law. The divide between the so-called common law and civil law systems and their differences in approach to solving legal problems make it necessary to establish an international forum for discussion and development of a common ground on which the work of the international courts can build. This is especially true with regard to the so-called “General Part” of the substantive criminal law, like forms of participation, actus reus and mens rea categories, defences and excuses, offence types, sentencing, enforcement etc. But also the procedural law still lacks sharp features in many aspects; the ICC’s Rules of Procedure and Evidence are still in need of interpretation. In addition, it will be helpful to the Courts to understand the societal background and effects of the law. Thus there is also a need for criminological, sociological and historical research on the issues of ICL. The International Criminal Law Review publishes in-depth analytical research that deals with these issues. The analysis may cover: • the substantive and procedural law on the international level; • important cases from national jurisdictions which have a bearing on general issues; • criminological and sociological; and, • historical research. Online submission: Articles for publication in the International Criminal Law Review can be submitted online through Editorial Manager, please click here. Need support prior to submitting your manuscript? Make the process of preparing and submitting a manuscript easier with Brill's suite of author services, an online platform that connects academics seeking support for their work with specialized experts who can help.
The practice at the different international criminal tribunals has shown that there is no real international criminal (customary) law, but only extrapolations from international public law, general principles of law and humanitarian law. The divide between the so-called common law and civil law systems and their differences in approach to solving legal problems make it necessary to establish an international forum for discussion and development of a common ground on which the work of the international courts can build. This is especially true with regard to the so-called “General Part” of the substantive criminal law, like forms of participation, actus reus and mens rea categories, defences and excuses, offence types, sentencing, enforcement etc. But also the procedural law still lacks sharp features in many aspects; the ICC’s Rules of Procedure and Evidence are still in need of interpretation. In addition, it will be helpful to the Courts to understand the societal background and effects of the law. Thus there is also a need for criminological, sociological and historical research on the issues of ICL. The International Criminal Law Review publishes in-depth analytical research that deals with these issues. The analysis may cover: • the substantive and procedural law on the international level; • important cases from national jurisdictions which have a bearing on general issues; • criminological and sociological; and, • historical research. Online submission: Articles for publication in the International Criminal Law Review can be submitted online through Editorial Manager, please click here. Need support prior to submitting your manuscript? Make the process of preparing and submitting a manuscript easier with Brill's suite of author services, an online platform that connects academics seeking support for their work with specialized experts who can help.
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As a discipline, International Criminal Law seems to be fully emancipated from public international law, international humanitarian law and international human rights law. Yet it does not operate in a vacuum. At the international level, the practice at the different international criminal tribunals and courts constitutes clear evidence of the synergies between these legal spheres. At the national level, International Criminal Law is increasingly becoming an integral part of the legal culture, thus interacting with substantive and procedural domestic norms. In addition, whether at the international or the national level, the practice also highlights the societal import and impact of international criminal law and justice. Anthropological, criminological, sociological, ethical and historical research on international criminal law and justice is thus key to fully grasp the discipline, in both its theoretical and practical dimensions. These blurred frontiers make it necessary to provide for a cross-disciplinary and interdisciplinary academic forum to enable discussions on the interactions between international criminal law and justice and distinct legal domains, other disciplines, transitional justice mechanisms, and domestic systems. Studies in International Criminal Law follows the path drawn by the International Criminal Law Review and aims at publishing in-depth analytical research that deals with these issues in a format that will allow for both single-authored monographs and edited volumes.
Abstract
Due to the heinous nature of international crimes, admissible defences in the context of international criminal justice understandably constitute an issue surrounded with controversy. Yet, while International Criminal Law precludes the use of a series of defences, it also admits that certain grounds may exclude individual criminal responsibility or mitigate punishment even in the case of the most serious international crimes. The present study thus proposes to analyse the permissibility of these defences and the availability of such grounds for excluding responsibility by drawing a comparison between Public International Law and International Criminal Law and by highlighting the differences and discrepancies between the two systems. Ultimately, this analysis aims at demonstrating that International Criminal Law, one of Public International Law's children, has now surpassed its parent to become a more sophisticated and a fairer legal and judicial system, for both the defendants and the victims.
Towards Interdisciplinary Synergies
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.
Towards Interdisciplinary Synergies
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.
‘We demand dignity for the victims’. Such was the pledge of the Dutch Minister of Foreign Affairs following the crash of Malaysia Airlines flight mh17 in rebel-held territory in eastern Ukraine and the looting of the corpses of the 298 victims. Although not an isolated instance, the indecent disposal of the corpses of the victims seems to have escaped legal scrutiny. Drawing from this and other case studies, this article addresses the legal qualification of acts of mistreatment perpetrated against the corpses of victims of international crimes. It analyses all relevant dispositions pertaining to international humanitarian law, international criminal law and the law of trafficking in human beings. While these provisions fail to legally characterize such acts, the judiciary however tends to recognize their criminality; a recognition which, in the authors’ views, could make its way into the text of international (criminal) law.