Journal of International Criminal Justice最新文献_第6页

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2023-07-25 DOI: 10.1093/jicj/mqad024

G. Acquaviva

{"title":"Crimes without Humanity?","authors":"G. Acquaviva","doi":"10.1093/jicj/mqad024","DOIUrl":"https://doi.org/10.1093/jicj/mqad024","url":null,"abstract":"\u0000 The development of autonomous weapons systems (AWS) and, more generally, the role of artificial intelligence in warfare, may come to pose unprecedented challenges to criminal law, including by making it harder to link harm to individuals who can be held responsible, due to the pivotal role of the concepts of actus reus, mens rea and causation in that domain. In this context, the notion of meaningful human control has been proposed to address some of the challenges of ensuring accountability for serious violations of international humanitarian law. One possibility might be to link — conceptually, or even legally — meaningful human control with the ‘control theory’ propounded at the International Criminal Court to assign criminal responsibility. Under this theory, the ascription of criminal responsibility to an individual as a direct perpetrator requires an assessment of whether they enjoy an effective ability to decide on the commission of a crime. This article elaborates on some of the issues posed by this approach, proceeding then to consider the most ‘extreme’ instance of AWS, i.e. the deployment of swarms of drones operating autonomously and coordinating their behaviour in a decentralized manner.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2023-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60868204","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

Of Crimes and Crowns 关于犯罪和乌鸦

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2023-07-22 DOI: 10.1093/jicj/mqad021

Marco Bocchese

{"title":"Of Crimes and Crowns","authors":"Marco Bocchese","doi":"10.1093/jicj/mqad021","DOIUrl":"https://doi.org/10.1093/jicj/mqad021","url":null,"abstract":"\u0000 This article explains variation in state cooperation with International Criminal Court (ICC)’s investigations and prosecutions across cases and over time. The idea motivating this study stems from the observation of the mixed record of state cooperation with ICC operations. For legal professionals and scholars this observation is puzzling, since states falling within the ICC’s territorial jurisdiction are legally bound to provide full judicial assistance to the Court. Thus, why do some countries entertain collaborative relations with the ICC while others display hostility towards it? I argue that state leaders’ perceptions of potential ICC indictment best explain variation in state behaviour. This article aims to contribute to a better understanding of how state attitudes form and of the extent to which external actors, spearheaded by the ICC Prosecutor’s Office (OTP), can change them. The research findings suggest that: 1) neither formal state consent (ratification) nor regime type are reliable predictors of state cooperation; 2) state leaders’ perception of potential ICC indictment appears better suited to correctly predict state behaviour in all the situations investigated by the OTP; 3) the OTP’s signalling strategy — including the timing of its intervention — affects state leaders’ perception of future ICC indictment and, in turn, the prospects of state cooperation; 4) when state authorities deny cooperation, regime change provides a one-time opportunity to start ICC–state relations anew.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2023-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42671700","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

Christoph Sperfeldt, Practices of Reparations in International Criminal Justice Christoph Sperfeldt，《国际刑事司法中的赔偿实践》

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2023-06-19 DOI: 10.1093/jicj/mqad020

L. Moffett

引用次数: 0

Understanding Russia’s Actions in Ukraine as the Crime of Genocide 将俄罗斯在乌克兰的行为理解为种族灭绝罪

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2023-06-13 DOI: 10.1093/jicj/mqad018

Denys Azarov, D. Koval, Gaiane Nuridzhanian, Volodymyr Venher

{"title":"Understanding Russia’s Actions in Ukraine as the Crime of Genocide","authors":"Denys Azarov, D. Koval, Gaiane Nuridzhanian, Volodymyr Venher","doi":"10.1093/jicj/mqad018","DOIUrl":"https://doi.org/10.1093/jicj/mqad018","url":null,"abstract":"\u0000 The new wave of Russia’s aggression against Ukraine that began on 24 February 2022, and the intensification of the armed conflict accompanied by grave breaches of international humanitarian law, has received significant scholarly attention. Many academic interventions have examined the developments in Ukraine through the frameworks of jus ad bellum and jus in bello. Some, however, have applied a genocide lens to make sense of reported numerous and widespread violations of international humanitarian and human rights law. This article contributes to the latter stream of scholarship by contextualizing the arguments for the existence of genocidal intent behind the seemingly unrelated crimes committed by the armed forces of the Russian Federation all over Ukraine. The authors pay particular attention to the language and pseudo-historical references used by Russia’s leaders as a justification for the invasion of Ukraine and argue that these statements and expressions indicate the existence of genocidal intent. This article also reflects on the issue of the systematic destruction of cultural heritage of Ukraine as further evidence of the intent to destroy the Ukrainian nation understood as a protected national group under the Genocide Convention, at least in part. Finally, the authors analyse the genocidal acts that have apparently been committed, including killings; the causing of serious bodily or mental harm; the forcible transfer of Ukrainian children to Russia, and the deliberate infliction of conditions of life aimed at the physical destruction of the Ukrainian nation. It is stressed that there are reasonable grounds to believe that the destruction of the Ukrainian nation by Russia has been pursued through commission of these prohibited acts. Their nature and large-scale character serve as further evidence of genocidal intent to destroy the Ukrainian nation.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2023-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49086884","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: 2

‘He Offered a Prayer for the Flier He Had Just Killed’ “他为刚刚杀死的苍蝇祈祷”

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2023-05-31 DOI: 10.1093/jicj/mqad017

J. Fellows, Mark Chong

{"title":"‘He Offered a Prayer for the Flier He Had Just Killed’","authors":"J. Fellows, Mark Chong","doi":"10.1093/jicj/mqad017","DOIUrl":"https://doi.org/10.1093/jicj/mqad017","url":null,"abstract":"\u0000 The US Army war crimes trials held in Manila from 1945 to 1947 prosecuted around 200 Japanese military personnel for war crimes committed against US prisoners of war and Filipino non-combatants. Japanese defendants attempted to argue, with little success, that the defence of superior orders justified their actions. General Douglas MacArthur (Supreme Commander for the Allies in the Pacific or SCAP) was adamant that superior orders would not serve to excuse alleged Japanese war criminals from war crimes. What is clear from the trial documents and other archival material from Manila is that not all sections of the prosecution agreed with MacArthur’s interpretation of the law. However, it seems as though MacArthur’s pronouncement in relation to the application of superior orders may have had a profound impact on not only the Manila trials, but also with subsequent trials in World War II and beyond. This article explores the various arguments in relation to superior orders emanating from the US Army trials in Manila. The trials in Manila show that the rejection of superior orders as a defence in war crimes offered a reasonable foundation and precedent for how subsequent courts and tribunals evaluated the defence of superior orders within the context of war crimes jurisprudence.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47417568","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

What is Sexual about Sexual Violence? 性暴力是什么？

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2023-05-31 DOI: 10.1093/jicj/mqad019

Ciara Laverty

{"title":"What is Sexual about Sexual Violence?","authors":"Ciara Laverty","doi":"10.1093/jicj/mqad019","DOIUrl":"https://doi.org/10.1093/jicj/mqad019","url":null,"abstract":"\u0000 Responding to the wider concern with how to understand the connections between sex and violence in the context of conflict-related sexual violence, this article examines how international criminal law constructs what is sexual about sexual violence. The article adopts a narrative expressivist approach to the knowledge generating effects of international criminal proceedings, using a discourse analysis of judgments and trial transcripts to demonstrate how ‘the sexual’ in sexual violence emerges in the judgments of international criminal courts primarily as a social question, in how sexual violence injures the conjugal order of the community to which victims belong. Drawing on the concept of sexual subjectivity, the article nevertheless reveals how some testimonies during the proceedings of international criminal trials go beyond this dominant narrative, offering instead a perspective that captures the specifically sexualized harm inflicted on individuals by sexual violation. The article ultimately exposes how the dominant narrative of sexual violence that emerges through the judgments of international criminal courts tends to overlook the injury to individual sexual subjectivity inflicted by sexual violence and, in doing so, functions to discount victims’ full subjectivity, including in their sexual lives.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42966179","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

Conscription to Fight a War of Aggression under International Criminal Law 国际刑法下的侵略战争征兵制度

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2023-05-17 DOI: 10.1093/jicj/mqad016

N. Boister

引用次数: 0

Prosecuting the Crime against Humanity of Apartheid 起诉种族隔离的危害人类罪

3区社会学

Journal of International Criminal Justice Pub Date : 2023-05-01 DOI: 10.1093/jicj/mqad023

Gerhard Kemp, Windell Nortje

引用次数: 0

Criminalizing Acts of Rebel Governance as War Crimes 将反政府统治行为定为战争罪

3区社会学

Journal of International Criminal Justice Pub Date : 2023-05-01 DOI: 10.1093/jicj/mqad026

Diletta Marchesi

引用次数: 0

Darryl Robinson, Justice in Extreme Cases. Criminal law Theory Meets International Criminal Law 达瑞尔·罗宾逊，极端案件中的正义。刑法理论与国际刑法

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2023-04-26 DOI: 10.1093/jicj/mqad014

Niccolò Pons

引用次数: 0