{"title":"13. International criminal law","authors":"I. Bantekas, Efthymios D. Papastavridis","doi":"10.1093/he/9780192895684.003.0013","DOIUrl":"https://doi.org/10.1093/he/9780192895684.003.0013","url":null,"abstract":"This chapter examines the fundamental concepts and notions of international criminal law, which is linked to other key areas of international law, particularly human rights, international humanitarian law, immunities, and jurisdiction. In particular, there is a focus on the concept of individual criminal responsibility under international law. The four core crimes are considered; namely, genocide, crimes against humanity, grave breaches of the 1949 Geneva Conventions, and the crime of aggression. Moreover, attention is paid to two unique forms of participation in international crimes, namely, command responsibility and joint criminal enterprise. Finally, the chapter addresses enforcement of international criminal law, particularly through international criminal tribunals, with an emphasis on the International Criminal Court (ICC).","PeriodicalId":299882,"journal":{"name":"International Law Concentrate","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130983472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"7. Immunities","authors":"I. Bantekas, Efthymios D. Papastavridis","doi":"10.1093/he/9780192895684.003.0007","DOIUrl":"https://doi.org/10.1093/he/9780192895684.003.0007","url":null,"abstract":"Immunity is a procedural bar whereby the courts of a country are precluded, while the immunity persists, from entertaining a suit, civil or criminal, against a person or entity. This chapter distinguishes the personal from functional immunities and then goes on to demonstrate the difference between acts undertaken in a public capacity, which always attract immunity, and those undertaken in a private capacity, which do not, as a rule, attract immunity. The chapter shows that, in recent years, the characterization of an act as being of a public nature has been restricted by the practice of States and national courts.","PeriodicalId":299882,"journal":{"name":"International Law Concentrate","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130723715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"12. Human rights and humanitarian law","authors":"I. Bantekas, Efthymios D. Papastavridis","doi":"10.1093/he/9780192895684.003.0012","DOIUrl":"https://doi.org/10.1093/he/9780192895684.003.0012","url":null,"abstract":"This chapter examines the nature and diversity of human rights, rather than any particular right. It looks at issues such as the universality, interdependence, and indivisibility of rights. It points to the issue of justiciability and emphasizes the obligation of States in both its negative, as well as its positive, dimension. The chapter examines the role of derogations and reservations to human rights treaties, as well as cardinal principles in such treaties, namely, the margin of appreciation and the scope of application. Finally, the chapter examines in some detail the key aspects and distinctions in international humanitarian law, such as the distinction and legal consequences between combatants and civilians and others.","PeriodicalId":299882,"journal":{"name":"International Law Concentrate","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116238873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"12. Human rights, international criminal and humanitarian law","authors":"I. Bantekas, Efthymios D. Papastavridis","doi":"10.1093/he/9780198840978.003.0012","DOIUrl":"https://doi.org/10.1093/he/9780198840978.003.0012","url":null,"abstract":"This chapter examines the nature and diversity of human rights, rather than any particular right. It looks at issues such as the universality, interdependence, and indivisibility of rights. It points to the issue of justiciability and emphasizes the obligation of States in both its negative as well as its positive dimension. The chapter examines the role of derogations and reservations to human rights treaties as well as cardinal principles in such treaties, namely the margin of appreciation and the scope of application. The chapter examines the concept of international criminal responsibility and looks at the four core international crimes, namely grave breaches (war crimes), crimes against humanity, genocide, and the crime of aggression. Finally, the chapter examines in some detail the key aspects and distinctions in international humanitarian law, such as the distinction and legal consequences between combatants and civilians and others.","PeriodicalId":299882,"journal":{"name":"International Law Concentrate","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130033442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"7. Immunity","authors":"I. Bantekas, Efthymios D. Papastavridis","doi":"10.1093/he/9780198840978.003.0007","DOIUrl":"https://doi.org/10.1093/he/9780198840978.003.0007","url":null,"abstract":"Immunity is a procedural bar whereby the courts of a country are precluded, while the immunity persists, from entertaining a suit, civil or criminal, against a person or entity. This chapter distinguishes personal from functional immunities and then goes on to demonstrate the difference between acts undertaken in a public capacity, which always attract immunity, and those undertaken in a private capacity, which do not as a rule attract immunity. The chapter shows that in recent years the characterization of an act as being of a public nature has been restricted by the practice of States and national courts.","PeriodicalId":299882,"journal":{"name":"International Law Concentrate","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124791083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"8. The law of the sea","authors":"I. Bantekas, Efthymios D. Papastavridis","doi":"10.1093/HE/9780198729679.003.0008","DOIUrl":"https://doi.org/10.1093/HE/9780198729679.003.0008","url":null,"abstract":"The law of the sea governs the relations of States in respect of the uses of the seas. It allocates competences between, on the one hand, coastal States wishing to extend their jurisdictional reach as far as possible and the flag States, on the other, wishing to have the seas open for vessels to navigate and for other uses. The chapter discusses the laws applicable to each maritime zone; namely, internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the high seas, and the seabed. It also sets out the rules of maritime delimitation between States with opposite or adjacent coastlines.","PeriodicalId":299882,"journal":{"name":"International Law Concentrate","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126518924","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"5. Personality, statehood, and recognition","authors":"I. Bantekas, Efthymios D. Papastavridis","doi":"10.1093/he/9780198729679.003.0005","DOIUrl":"https://doi.org/10.1093/he/9780198729679.003.0005","url":null,"abstract":"This chapter examines the meaning of international legal personality and the range of actors that possess such personality; namely, States, international organizations, individuals, multinational corporations, and several other non-State actors. Given the centrality of States, the criteria for statehood are analysed, and both traditional and contemporary criteria are discussed. Article 1 of the 1933 Montevideo Convention is used for assessment of whether an entity satisfies these criteria, which include: permanent population, a defined territory, government, capacity to enter into foreign relations, and the relevance of human rights. Competing theories regarding the role of recognition by third States as an element of statehood are also considered. Equally, the rights and duties of non-State actors are analysed in terms of capacity conferred upon them under international law.","PeriodicalId":299882,"journal":{"name":"International Law Concentrate","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132033096","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"9. State responsibility","authors":"I. Bantekas, Efthymios D. Papastavridis","doi":"10.1093/HE/9780198729679.003.0009","DOIUrl":"https://doi.org/10.1093/HE/9780198729679.003.0009","url":null,"abstract":"The law of international responsibility sets out the legal consequences arising from a breach by a State of its international obligations. It should be distinguished from ‘primary rules’ of international law, which lay down international obligations. International responsibility arises when a certain act or omission is wrongful, ie it is attributed to a State and it amounts to a violation of its ‘primary’ obligations. The international responsibility may be excused under certain strict circumstances, such as consent or necessity. Otherwise, the responsible State should cease the wrongful conduct and, in case of damage, it should provide reparation to the injured State, in the form of restitution, compensation, and satisfaction.","PeriodicalId":299882,"journal":{"name":"International Law Concentrate","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126887311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"11. Use of force","authors":"I. Bantekas, Efthymios D. Papastavridis","doi":"10.1093/HE/9780198729679.003.0011","DOIUrl":"https://doi.org/10.1093/HE/9780198729679.003.0011","url":null,"abstract":"This chapter examines under what circumstances States may use armed force under customary international law and Arts 2(4) and 51 UN Charter. After noting that the use of armed force is generally prohibited and only limited to self-defence, and then only if the target State is under an armed attack, we show that several States have expanded the notion of armed attack. Besides self-defence, the United Nations Security Council may authorize the use of armed force through a process of collective security. Several examples of collective security are offered, as well as the ICJ’s position on what constitutes an armed attack. In recent years, the range of actors capable of undertaking an armed attack has included terrorists. Moreover, the development of the doctrine of the responsibility to protect is a significant achievement.","PeriodicalId":299882,"journal":{"name":"International Law Concentrate","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130382999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"1. The nature of international law and the international legal system","authors":"I. Bantekas, Efthymios D. Papastavridis","doi":"10.1093/HE/9780198729679.003.0001","DOIUrl":"https://doi.org/10.1093/HE/9780198729679.003.0001","url":null,"abstract":"This chapter briefly discusses the nature of the international legal system. The premise is that the structure of the international legal system is fundamentally different from that of national legal order: contrary to the vertical structure encountered in domestic settings, in international law the structure is horizontal. States enjoy sovereign equality, while both international law-making and international adjudication are based on the consent of the States. There are various theories that have attempted to describe the nature of the international law, including naturalism, positivism, formalism, and realism. Also significant is the the existence of a certain hierarchy in the international legal system, in the sense that there are some peremptory norms of international law, such as the prohibition of torture and genocide, to which there is no derogation.","PeriodicalId":299882,"journal":{"name":"International Law Concentrate","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122968138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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