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Abstract
The amicus curiae brief has increasingly been used before international criminal tribunals. The practice of accepting or inviting amicus curiae briefs or submissions has been included in the rules of procedure and evidence of the ICTY, the ICTR, the Special Court for Sierra Leone and the International Criminal Court. This article examines the role of amicus curiae before international criminal courts, including: how and when amicus are granted permission to appear; how amicus curiae are used by these international courts; the influence, if any, of amicus briefs on decisions and judgments; and whether the role of amicus curiae in international criminal courts has diverged from the traditional concept of an amicus curiae. Also considered are the arguments in support of the continued role of amicus curiae before international criminal tribunals.
Abstract
This article considers the European Union's legal framework and its ability to facilitate – or hinder – international assistance for natural disasters occurring within the European Union. At a time when the frequency and severity of natural disasters in the EU appears to be increasing, and when it is more likely that affected EU Member States are required to seek assistance from outside their borders, or even outside the EU, it is important to ensure that international assistance is able to reach its intended target. Member State domestic legal frameworks may delay, obstruct or prevent international assistance from reaching those in need, often due to a failure to consider the special situation of disasters when drafting, interpreting and applying legislative regimes. For example, immigration, customs, food and transport laws may not contain sufficient exemptions for emergency personnel, materials and goods, and domestic licensing requirements and quality standards may prevent a nation from accepting assistance. At the same time, there is a need to ensure that any assistance accepted by an affected Member State is subject to appropriate quality standards without unduly impeding the delivery of assistance.
Widespread sexual violence was a feature of Democratic Kampuchea, whether during forced marriages, as an instrument of torture, or as a systematic feature of Khmer Rouge policy, with rape often the precursor to execution. Since it was established, the Extraordinary Chambers in the Courts of Cambodia (eccc) has secured a single conviction of sexual violence. This article draws on the eccc’s jurisprudence and decisions of other international criminal tribunals to argue that, to date, the eccc has made little contribution to the development of the legal framework surrounding sexual violence. However, there remain several possibilities for it to do so.