{"title":"The Supervision of Guilty Pleas by the Court of Appeal of England and Wales – Workable Relationships and Tragic Choices","authors":"R. Nobles, David Schiff","doi":"10.1007/s10609-020-09400-2","DOIUrl":"https://doi.org/10.1007/s10609-020-09400-2","url":null,"abstract":"","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s10609-020-09400-2","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"52227319","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":"The Catalysing Effect of the Rome Statute in Africa: Positive Complementarity and Self-Referrals","authors":"Patricia Hobbs","doi":"10.1007/s10609-020-09398-7","DOIUrl":"https://doi.org/10.1007/s10609-020-09398-7","url":null,"abstract":"The International Criminal Court’s (ICC) policy and practice of self-referrals has attracted some degree of academic criticism. This has been due partly because the procedure itself was, according to some opinions, never quite envisaged in the original Rome Statute, and partly because the concept of a State self-referral appears to contradict the Rome Statute objective of the ICC as a Court of complementarity. Following Gabon’s self-referral in 2016, and in view of the recent termination of the ICC Prosecutor’s Preliminary Examinations in Gabon, this paper argues that African States’ self-referral practice continues to represent a step backwards for African local justice and accountability. The fact that in this particular situation the necessary threshold was not met is actually not relevant for the argument put forward in this paper, namely that this practice should now be put under scrutiny rather than accepting, at face value, a self-referral whenever an (African) State proposes it. The strengthening of local accountability and the transformation of the local justice landscape should be considered as the ICC long-term objectives, and more dialogue (as well as political pressure) should be contemplated in order to gently coerce States to take on investigations and prosecutions of international crimes.","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531959","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":"The Catalysing Effect of the Rome Statute in Africa: Positive Complementarity and Self-Referrals","authors":"Patricia Hobbs","doi":"10.1007/s10609-020-09398-7","DOIUrl":"https://doi.org/10.1007/s10609-020-09398-7","url":null,"abstract":"The International Criminal Court’s (ICC) policy and practice of self-referrals has attracted some degree of academic criticism. This has been due partly because the procedure itself was, according to some opinions, never quite envisaged in the original Rome Statute, and partly because the concept of a State self-referral appears to contradict the Rome Statute objective of the ICC as a Court of complementarity. Following Gabon’s self-referral in 2016, and in view of the recent termination of the ICC Prosecutor’s Preliminary Examinations in Gabon, this paper argues that African States’ self-referral practice continues to represent a step backwards for African local justice and accountability. The fact that in this particular situation the necessary threshold was not met is actually not relevant for the argument put forward in this paper, namely that this practice should now be put under scrutiny rather than accepting, at face value, a self-referral whenever an (African) State proposes it. The strengthening of local accountability and the transformation of the local justice landscape should be considered as the ICC long-term objectives, and more dialogue (as well as political pressure) should be contemplated in order to gently coerce States to take on investigations and prosecutions of international crimes.","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531961","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":"“Tool in the R2P Toolbox”? Analysing the Role of the International Criminal Court in the Three Pillars of the Responsibility to Protect","authors":"Maartje Weerdesteijn, Barbora Holá","doi":"10.1007/s10609-020-09394-x","DOIUrl":"https://doi.org/10.1007/s10609-020-09394-x","url":null,"abstract":"In the last two decades, two important instruments emerged to combat mass atrocities. In 2002 the International Criminal Court (ICC) was established. Subsequently, in 2005, the international community politically committed itself to the responsibility to protect populations from mass atrocities (R2P) distinguishing three pillars: (i) the responsibility of the state to protect its own population, (ii) the responsibility to help states live up to this responsibility and (iii) the responsibility of the international community to intervene when states manifestly fail to protect their population. While the ICC is frequently referred to as a “tool in the R2P toolbox,” an analysis of the ways in which the ICC works within R2P’s pillar structure was missing. Using the R2P pillar-structure, this article systematically analyses how the ICC plays a role in the implementation of R2P. More specifically, this paper disentangles the diverse modalities of ICC engagement with states – such as ratification of its Statute, positive complementarity, opening of preliminary examinations or investigations – and demonstrates the complex dynamics of the interaction between the implementation of R2P and the actions of the ICC. The workings of the Court create fluid dynamics that shift back and forth between the different pillars at different points in time. In addition, the ICC can contribute to different pillars at the same time. In some instances, however, it fits uncomfortably in the R2P pillar structure, necessitating the conceptualisation of a pillar two and a half.","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531960","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":"“Tool in the R2P Toolbox”? Analysing the Role of the International Criminal Court in the Three Pillars of the Responsibility to Protect","authors":"Maartje Weerdesteijn,Barbora Holá","doi":"10.1007/s10609-020-09394-x","DOIUrl":"https://doi.org/10.1007/s10609-020-09394-x","url":null,"abstract":"In the last two decades, two important instruments emerged to combat mass atrocities. In 2002 the International Criminal Court (ICC) was established. Subsequently, in 2005, the international community politically committed itself to the responsibility to protect populations from mass atrocities (R2P) distinguishing three pillars: (i) the responsibility of the state to protect its own population, (ii) the responsibility to help states live up to this responsibility and (iii) the responsibility of the international community to intervene when states manifestly fail to protect their population. While the ICC is frequently referred to as a “tool in the R2P toolbox,” an analysis of the ways in which the ICC works within R2P’s pillar structure was missing. Using the R2P pillar-structure, this article systematically analyses how the ICC plays a role in the implementation of R2P. More specifically, this paper disentangles the diverse modalities of ICC engagement with states – such as ratification of its Statute, positive complementarity, opening of preliminary examinations or investigations – and demonstrates the complex dynamics of the interaction between the implementation of R2P and the actions of the ICC. The workings of the Court create fluid dynamics that shift back and forth between the different pillars at different points in time. In addition, the ICC can contribute to different pillars at the same time. In some instances, however, it fits uncomfortably in the R2P pillar structure, necessitating the conceptualisation of a pillar two and a half.","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531958","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":"Long Overdue: Decriminalisation of Attempted Suicide in Nigeria","authors":"Cheluchi Onyemelukwe","doi":"10.1007/s10609-020-09392-z","DOIUrl":"https://doi.org/10.1007/s10609-020-09392-z","url":null,"abstract":"","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s10609-020-09392-z","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43305344","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":"After the ICC Office of the Prosecutor’s 2016 Policy Paper on Case Selection and Prioritisation: Towards an International Crime of Ecocide?","authors":"Ricardo M. Pereira","doi":"10.1007/s10609-020-09393-y","DOIUrl":"https://doi.org/10.1007/s10609-020-09393-y","url":null,"abstract":"","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s10609-020-09393-y","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"52227284","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}