Journal of International Criminal Justice最新文献_第5页

International Criminal Court Standards in a Context of Transitional Justice 过渡时期司法背景下的国际刑事法院标准

3区社会学

Journal of International Criminal Justice Pub Date : 2023-09-29 DOI: 10.1093/jicj/mqad033

Carlos Gutiérrez-Rodríguez

引用次数: 0

Australia’s Investigation of Alleged ADF War Crimes in Afghanistan 澳大利亚对阿富汗国防军战争罪行的调查

3区社会学

Journal of International Criminal Justice Pub Date : 2023-09-25 DOI: 10.1093/jicj/mqad032

Julia Flint

引用次数: 1

Exploring the Impact of Automation Bias and Complacency on Individual Criminal Responsibility for War Crimes 探索自动化偏见和自满对战争罪个人刑事责任的影响

3区社会学

Journal of International Criminal Justice Pub Date : 2023-09-22 DOI: 10.1093/jicj/mqad034

Antonio Coco

{"title":"Exploring the Impact of Automation Bias and Complacency on Individual Criminal Responsibility for War Crimes","authors":"Antonio Coco","doi":"10.1093/jicj/mqad034","DOIUrl":"https://doi.org/10.1093/jicj/mqad034","url":null,"abstract":"Abstract With advancing technology, complex decision-making in warfare, including targeting, is increasingly assisted by machines. Although involving humans in decision-making is often seen as a safeguard against machine errors, it does not always prevent them. Machines can make incorrect determinations or delay them when time is critical. In these cases, human operators, influenced by automation bias (excessive trust in machines’ determinations, despite the availability of contradicting or different information from other sources) or complacency (excessive trust in machines’ determinations, leading to reduced vigilance), may fail to recognize machine errors, potentially resulting in conduct amounting to a war crime. Considering the role of automation bias and complacency in the determination of the criminal responsibility of systems’ operators is crucial, especially, for understanding the accountability framework for war crimes involving autonomous weapon systems (AWS). By exploring how automation bias and complacency affect the determination of criminal responsibility for humans who operate AWS, this article offers insights for lawmakers at the national and international levels to understand complexities and effectively shape legislative responses with respect to criminal responsibility. This article also examines automation bias and complacency in psychology, their relevance in military operations employing AWS, and their potential to exonerate human operators from criminal responsibility. It concludes by advocating for legislative, organizational, and technical measures to counteract automation bias and complacency.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136061621","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

Criminal Responsibility by Omission for Failures to Stop Autonomous Weapon Systems 未能停止自主武器系统的疏忽刑事责任

3区社会学

Journal of International Criminal Justice Pub Date : 2023-09-17 DOI: 10.1093/jicj/mqad029

Marta Bo

{"title":"Criminal Responsibility by Omission for Failures to Stop Autonomous Weapon Systems","authors":"Marta Bo","doi":"10.1093/jicj/mqad029","DOIUrl":"https://doi.org/10.1093/jicj/mqad029","url":null,"abstract":"Abstract This article deals with establishing the criminal responsibility, through the model of commission by omission, of autonomous weapon systems (AWS) users in situations where failures to suspend AWS-driven attacks have caused a war crime. The author tackles the question of whether an omission to stop such an AWS may amount to the actus reus of war crimes of unlawful attacks and does so by establishing how the doctrine of commission by omission can be applied on the basis of the grave breaches regime in the First Additional Protocol to the Geneva Conventions and the Rome Statute of the International Criminal Court. In deconstructing the status of commission by omission under both these legal frameworks, this article analyses whether the substantive conditions of commission by omission, namely, the legal duty to act and the capacity to act, are met. The author suggests that ‘human control’, manifested in the ability to supervise, intervene and stop an AWS-driven attack, should be considered a necessary pre-condition for the imputation of criminal responsibility in at least some expected scenarios of AWS use. In the absence of such human control, there would be no accountability for unlawful attacks, including indiscriminate attacks, caused by AWS, which would lead to impunity for such crimes. On the one hand, the attribution of responsibility by omission has, therefore, crucial implications for closing the ‘responsibility gap’ within this context. On the other hand, based on the analysis of ‘control’ as the key principle for criminal responsibility by omission, the author argues that an additional treaty obligation should be adopted to ensure human control over AWS and preserve accountability for potential unlawful attacks.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135258397","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

International Law Rejects Immunity for International Crimes — Full Stop 国际法拒绝对国际罪行的豁免-句号

3区社会学

Journal of International Criminal Justice Pub Date : 2023-09-10 DOI: 10.1093/jicj/mqad028

Chile Eboe-Osuji

{"title":"International Law Rejects Immunity for International Crimes — Full Stop","authors":"Chile Eboe-Osuji","doi":"10.1093/jicj/mqad028","DOIUrl":"https://doi.org/10.1093/jicj/mqad028","url":null,"abstract":"Abstract As far back as 1994, Sir Arthur Watts QC, a pre-eminent international jurist of his time, put the matter of head of state immunity for international crimes in these unequivocal terms: ‘It can no longer be doubted that as a matter of general customary international law a Head of State will personally be liable to be called to account if there is sufficient evidence that he authorized or perpetrated such serious international crimes.’ Most senior jurists of Watt’s ilk who opined on the matter came to a similar conclusion. Yet, some concerning recent academic commentary wrongly suggests that there remains doubt around the question. For example, the Advisory Committee on Public International Law (CAVV), an academic thinktank that advises the Dutch government, suggested in its report on the accountability of President Putin that ‘in international legal practice, there is no clear-cut answer to the question of whether there is an exception to functional immunity for international crimes, including the crime of aggression’. This article uses the CAVV recommendation as a case study in certain mistakes and confusions that have long plagued the discourse on the immunity of state officials, especially heads of state, accused or suspected of international crimes.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136072658","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

Massive Violence Against Civilians in War 战争中针对平民的大规模暴力

3区社会学

Journal of International Criminal Justice Pub Date : 2023-09-08 DOI: 10.1093/jicj/mqad030

Frédéric Mégret

{"title":"Massive Violence Against Civilians in War","authors":"Frédéric Mégret","doi":"10.1093/jicj/mqad030","DOIUrl":"https://doi.org/10.1093/jicj/mqad030","url":null,"abstract":"Abstract Armed conflicts have increasingly been characterized by a phenomenon of massive violence against civilians. Beyond a certain point, the question becomes whether such violence is properly characterized as incidental to the pursuit of hostilities or should be seen as conceptually detached from it. This article looks at the competing cases for dealing with this phenomenon of massive violence against civilians from the perspective of war crimes or crimes against humanity. The focus of war crimes particularly when committed as part of a policy at the International Criminal Court has further diminished the difference with crimes against humanity. This article finds that, given the dense overlap of both categories when it comes to massive violence against civilians in times of war, the expressivist finalities of international criminal justice are better served by emphasizing the fundamental nature of such violence as a crime against humanity. This better makes sense of the genealogy of international criminal law as emerging from a tradition of human rights and recuses any notion that systematic attacks against civilians have, in fact and in principle, anything to do with the pursuit of war.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136362180","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

Data-driven Learning Systems and the Commission of International Crimes 数据驱动的学习系统与国际犯罪的发生

3区社会学

Journal of International Criminal Justice Pub Date : 2023-09-04 DOI: 10.1093/jicj/mqad031

Anna Rosalie Greipl

{"title":"Data-driven Learning Systems and the Commission of International Crimes","authors":"Anna Rosalie Greipl","doi":"10.1093/jicj/mqad031","DOIUrl":"https://doi.org/10.1093/jicj/mqad031","url":null,"abstract":"Abstract Current discussions on the military use of artificial intelligence (AI), in particular concerning autonomous weapons systems, have largely focused on the challenges for the attribution of individual criminal responsibility for war crimes whenever such systems do not perform as initially intended by human operators. Yet, recent observations evidence the pressing need to shift the discussion on the responsibility gap further to include challenges raised by the intentional use of AI systems for the commission of war crimes and other international crimes. Additionally, the increasing development and use of AI systems, based on data-driven learning (DDL) methods, demands particular attention due to the difficulty these systems’ lack of predictability and explainability poses in terms of anticipation of their effects. Against this background, this article complements the present discussion on the responsibility gap by discussing some concerns that the intentional use of DDL systems for the commission of international crimes raises regarding the required mental element and thus, the ascription of individual criminal responsibility. Ultimately, this article proposes preliminary avenues to address these concerns.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135403226","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

War Crimes Involving Autonomous Weapons 涉及自主武器的战争罪

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2023-08-09 DOI: 10.1093/jicj/mqad027

D. Lewis

引用次数: 0

Profiteers of Misery 痛苦的奸商

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2023-08-09 DOI: 10.1093/jicj/mqad022

Jeremy Pizzi

引用次数: 0

A Weapon is No Subordinate 武器不是从属的

3区社会学

Journal of International Criminal Justice Pub Date : 2023-08-03 DOI: 10.1093/jicj/mqad025

Alessandra Spadaro

引用次数: 0