Journal of International Criminal Justice最新文献_第2页

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-07-08 DOI: 10.1093/jicj/mqae017

Lavinia Parsi

{"title":"Fabricated Legality","authors":"Lavinia Parsi","doi":"10.1093/jicj/mqae017","DOIUrl":"https://doi.org/10.1093/jicj/mqae017","url":null,"abstract":"In the wake of the increased regulation of armed conflicts, legal interpretation by government lawyers has become crucial in shaping state policies, particularly during times of war. This article explores the scenarios where state policies that have been positively sanctioned by legal professionals potentially amount to international crimes, raising questions of accountability. By examining historical and contemporary instances, the article explores if and to what extent government legal advisers may be considered accomplices in such crimes. It suggests that their responsibility could be framed within the mode of liability of aiding and abetting, as outlined in Article 25(3)(c) of the Rome Statute. Additionally, the article addresses alternative modes of liability specified under Article 25(3)(a) and 25(3)(d). It finally expands to the further consequences of legal advice on the liability of the principal perpetrator, questioning whether the latter may invoke a defence of mistake of law or a breach of the principle of legality. In an attempt to embrace the revolutionary potential of international criminal law, this article aims to make legal interpretation itself the object of scrutiny, through the lenses of international criminal responsibility.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141571084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Epistemic Injustice at the ICC? 国际刑事法院的认识论不公正？

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-07-08 DOI: 10.1093/jicj/mqad053

Hayley N Evans, Mahir Hazim

{"title":"Epistemic Injustice at the ICC?","authors":"Hayley N Evans, Mahir Hazim","doi":"10.1093/jicj/mqad053","DOIUrl":"https://doi.org/10.1093/jicj/mqad053","url":null,"abstract":"This article empirically assesses the role third-party evidence has played in the Office of the Prosecutor’s (OTP) initiation of an investigation into the Afghanistan Situation at the International Criminal Court (ICC). After finding that most of the evidence upon which the OTP relied in its request to initiate an investigation is from third parties, this article classifies and ranks the categories of third party upon which the OTP relied. Critically analysing the OTP’s use of third-party sources, this article uncovers the way potential biases towards dominant languages, affluent locations and prestigious institutions influence the choice of which information to use as evidence, possibly evincing an epistemic injustice at the OTP. Heeding Naz Modirzadeh’s call to use Third World Approaches to International Law (TWAIL) to empower Global South states, this article concludes with recommendations to the OTP and third parties on how they can maximize their collaboration while avoiding capitulation to the politics of exclusion. In addition, the article’s findings reveal opportunities for stakeholders to enhance evidence collection and use by particular third-party categories in Afghanistan and in similar situations.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141571085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Can They Deliver? 他们能做到吗？

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-07-06 DOI: 10.1093/jicj/mqae005

Andrea Furger

引用次数: 0

Ecocide, Sustainable Development and Critical Environmental Law Insights 生态灭绝、可持续发展和重要的环境法见解

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-06-25 DOI: 10.1093/jicj/mqae006

Liana Georgieva Minkova

引用次数: 0

The Barlonyo Massacre, Ongwen’s Trial, and ICC Reparations: Reflections on the Dynamics of Expectations and Disappointment 巴隆约大屠杀、翁古文的审判和国际刑事法院的赔偿：对期望与失望动态的思考

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-06-22 DOI: 10.1093/jicj/mqae007

Kirsten J Fisher

引用次数: 0

Building An Abolition Movement for International Criminal Law? 开展废除国际刑法运动？

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-06-11 DOI: 10.1093/jicj/mqae008

Sophie Rigney

{"title":"Building An Abolition Movement for International Criminal Law?","authors":"Sophie Rigney","doi":"10.1093/jicj/mqae008","DOIUrl":"https://doi.org/10.1093/jicj/mqae008","url":null,"abstract":"\u0000 International criminal law is a carceral system, which responds to mass atrocities by holding some individuals criminally responsible for these events and then, generally, imprisoning those individuals. I ask what alternative responses might be envisaged, and if we can build a carceral abolitionist movement for international criminal law. Such a movement would refuse imprisonment and policing as the main responses to mass atrocity, and instead would seek to understand the social causes and conditions that cause such mass atrocity, and also how (and why) criminal law has become the preeminent ‘legitimate hand of justice’. In this article, I attempt to bring into conversation two particular intellectual movements: the collective scholarship and praxis of domestic carceral abolition movements; and those critical scholars of international criminal law who have already set out some of the limits and possibilities of the field. I set out the structural conditions of international criminal law, particularly its ideological grounding in neoliberalism and its relationships to race, global capital and colonialism and imperialism, which result in a legal system that criminalizes some and exonerates others. I then particularly examine some tools that already exist for building an abolition movement for international criminal law. These include the defence of duress, transformative reparations and the role of defence lawyers. These tools are admittedly part of the carceral system, and therefore cannot be the key to an abolition movement for international criminal law. However, they may assist us in the short or medium term as we imagine and work towards a better world without the need for a carceral system of international criminal law that relies on police and prisons.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141360132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Une histoire du droit international De Salamanque à Guantanamo Olivier Corten, Pierre Klein, Gérard Bedoret (illustrator) 从萨拉曼卡到关塔那摩的国际法史 Olivier Corten, Pierre Klein, Gérard Bedoret (插图画家)

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-06-03 DOI: 10.1093/jicj/mqae015

Bianca Acquaviva

引用次数: 0

Resisting the State Crimes of the Global North 抵制全球北方的国家罪行

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-06-01 DOI: 10.1093/jicj/mqae010

Natalie Hodgson

引用次数: 0

Polar Bears and Gavels 北极熊和槌子

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-05-29 DOI: 10.1093/jicj/mqae014

Daniel Bertram, George Hill

{"title":"Polar Bears and Gavels","authors":"Daniel Bertram, George Hill","doi":"10.1093/jicj/mqae014","DOIUrl":"https://doi.org/10.1093/jicj/mqae014","url":null,"abstract":"This article analyses the increasingly pervasive enrolment of visual materials in the evolution and contestation of international criminal justice. We posit that this emerging field of ‘visual advocacy’ is transforming how international criminal law is produced and perceived. Visual advocacy stands to complement and reinforce, but also to challenge and subvert conventional norms and narratives. To probe how these dynamics play out in practice, we delve into the role of imagery in the ongoing controversy over the international criminalization of severe environmental destruction as ‘ecocide’. By articulating claims to non-human victimhood, the ecocide campaign pioneers an ecocentric vision that disrupts the anthropocentric aesthetics of international criminal law. Through a visual content analysis of 68 images posted by the movement organization Stop Ecocide International on X/Twitter and Instagram over the course of 2022, we explore how victimhood is depicted and concretized, how such imageries are framed, and how they appeal to legal authority. While our analysis underlines the critical potential of visual media as an epistemically emancipatory vehicle, it also evinces enduring ties to reductionist stereotypes and well-worn ‘aesthetic biases’.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141198118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Role of Civil Society in Promoting Corporate Accountability for International Crimes 民间社会在促进企业对国际罪行承担责任方面的作用

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-05-22 DOI: 10.1093/jicj/mqae009

John M B Balouziyeh, Stephen J Rapp

{"title":"The Role of Civil Society in Promoting Corporate Accountability for International Crimes","authors":"John M B Balouziyeh, Stephen J Rapp","doi":"10.1093/jicj/mqae009","DOIUrl":"https://doi.org/10.1093/jicj/mqae009","url":null,"abstract":"\u0000 This article examines the role that civil society has played in pursuing corporate accountability for international crimes. The article is divided into five main parts. Following a general introduction in Section 1, Section 2 sets forth the definitions used throughout this article and the methodology used to carry out the research. Section 3 covers cases at international tribunals, beginning with an overview of prosecutions of corporate executives at the International Military Tribunal at Nuremberg and proceeding to an examination of civil society engagement with the International Criminal Court in cases involving corporate actors. Section 4 analyses cases brought by civil society actors in domestic courts, focusing on criminal cases filed in France and civil cases filed in the USA. This section of the article reviews cases from the USA that have narrowed corporate liability for international crimes and compares them with similarly situated cases filed in France, which has become a forum of choice for victims seeking corporate criminal accountability. In Section 5, we conclude that civil society’s pursuit of corporate accountability in domestic courts has ensured that a greater number and a wider range of actors are held to account, thereby complementing the work of international tribunals, which comparatively can try only a small number of cases, and has offered a ray of hope to victims who wish to see accountability for international crimes.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141110543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0