What can international courts say when criminals ask, by what right do you try me? Some authors attempt to draw a connection between humanity's responsibility to call offenders to account and the harm humanity has suffered as a consequence of the offender's crimes. Others have argued that there need not be a special connection between those calling to account and the offenders, as the right to punish offenders is a general right each and every person has. Both lines of (...) argument are ultimately unconvincing. Instead, I argue for a modified version of the second position which proposes a democratically based theory of responsibility for punishment held by international criminal law institutions. (shrink)

If contemporary political theory in the area of international justice is to accomplish its aim of clarifying and making coherent the meaning of justice in an international context, the question of the appropriate role and responsibility of international criminal law must be answered. International criminal law must be more than simply domestic laws that are prosecuted at the international level. However, the question of what makes an international crime such that it deserves this (...) special classification and international condemnation has not been adequately theorized. This paper examines the character of international law as expressed by two theorists, Allen Buchanan and Larry May, and reveals the deficiencies of their theories. Then, it offers the first steps to a better theory, one that demands that two thresholds be met for an action to be considered international crime: the severity threshold and the agency threshold. It argues that these two thresholds restrict the domain of international criminal law to crimes that are of significant concern to the global community by way of their threat to political organization. International crimes are the jurisdiction of the international community because they threaten the most basic physical security human rights and because they originate out of the fundamental nature of humans as social entities and maliciously distort and threaten this natural inclination. (shrink)

In the Anthropocene, human beings are capable of bringing about globally catastrophic outcomes that could damage conditions for present and future human life on Earth in unprecedented ways. This paper argues that the scale and severity of these dangers justifies a new international criminal offence of ‘postericide’ that would protect present and future people against wrongfully created dangers of near extinction. Postericide is committed by intentional or reckless systematic conduct that is fit to bring about near human extinction. The (...) paper argues that a proper understanding of the moral imperatives embodied in international criminal law shows that it ought to be expanded to incorporate a new law of postericide. (shrink)

On September 9, 2013, diplomats and civil society activists gathered in a ballroom in New York to welcome Jennifer Welsh as the UN Secretary-General's new Special Adviser on the Responsibility to Protect. In her first public appearance in that role, Special Adviser Welsh explained that one of her top priorities would be “to take prevention seriously and to make it meaningful in practice.” “In the context of RtoP,” Welsh added during the discussion, “we are talking about crimes, and crimes have (...) implications in terms of how we deal with them. You'll hear me say that a lot.” Welsh's approach of treating RtoP as a principle that is primarily concerned with prevention and is firmly linked to international crimes neatly captures the evolution of RtoP since its formal acceptance by states at the 2005 UN World Summit. Paragraphs 138 to 140 of the World Summit's Outcome Document not only elevated the element of prevention to a prominent place within the principle of RtoP but also restricted the scope of RtoP to four specific crimes under international law: genocide, war crimes, ethnic cleansing, and crimes against humanity. The crime and prevention–focused version of RtoP has subsequently been defended and promoted by Secretary-General Ban Ki-moon and by UN member states. This article seeks to systematically explore some of the implications of linking RtoP to the concept of international crimes, with a particular focus on the preventive dimension of RtoP, the so-called responsibility to prevent. What, then, are the consequences of approaching the responsibility to prevent as the prevention of international crimes?In order to systematically examine this question, this article turns to literature from criminology. While the criminological perspective has so far been neglected in debates on RtoP, the prominent criminologists John Hagan and Wenona Rymond-Richmond argue vehemently that “criminology is crucially positioned to contribute understanding and direction to what the United Nations has mandated as the ‘Responsibility to Protect’ groups that are threatened with mass atrocities.” For the purpose of this article, the label “criminology” comprises domestic criminology, supranational criminology, and international criminal law. While insights from supranational criminology and international criminal law are directly applicable to international crimes, translating knowledge generated in relation to crimes at the domestic level to atrocity crimes at the international level is, of course, not without challenges. Reasoning by analogy is an important method in this regard, though given the anarchical nature of international society some analogies will inevitably be imperfect. The benefits of such an approach, if carefully employed, however, outweigh the risks. (shrink)

Should Germany be prosecuting crimes committed in Syria pursuant to universal jurisdiction? This article revisits the normative questions raised by UJ—the principle that a state can prosecute serious international crimes such as genocide, crimes against humanity, and war crimes committed by foreigners outside of its territories—against the backdrop of increasing European UJ proceedings regarding Syrian conflict–related crimes, focusing on Germany as an illustrative example. While existing literature justifies UJ on the basis of universal prohibition of certain atrocities, this creates (...) residual normative issues. Alternatively, this article applies the “two-tiered test” derived from the “dual foundation” thesis of the Eichmann judgment, in which the normative appropriateness of UJ is evaluated against both accounts of universal prohibition and the specific politics surrounding the prosecution. It contends that the large number of Syrian refugees in Germany means that Germany, in particular, should initiate Syrian conflict–related UJ proceedings to prevent continued harm and recognize the political agency of refugees. Ultimately, the article suggests UJ should normatively be thought of as a domestic, rather than international, political event. (shrink)

Crimes against humanity are supposed to have a collective dimension with respect both to their victims and their perpetrators. According to the orthodox view, these crimes can be committed by individuals against individuals, but only in the context of a widespread or systematic attack against the group to which the victims belong. In this paper I offer a new conception of crimes against humanity and a new justification for their international prosecution. This conception has important implications as to which (...) crimes can be justifiably prosecuted and punished by the international community. I contend that the scope of the area of international criminal justice that deals with basic human rights violations should be wider than is currently acknowledged, in that it should include some individual violations of human rights, rather than only violations that have a collective dimension. (shrink)

It is widely acknowledged that human rights law and international criminal law share core normative features. Yet, the literature has not yet reconstructed this underlying basis in a systematic way. In this contribution, I lay down the basis of such an account. I first identify a similar tension between a “moral” and a “political” approach to the normative foundations of those norms and to the legitimate role of international courts and tribunals adjudicating those norms. With a view to (...) bring the debate forward, I then turn to the practices of HRL and international criminal law to examine which of those approaches best illuminates some salient aspects of the adjudication of ICs. Finally, I argue that the political approach best explains the practice. While each preserves a distinct role, HRL and ICL both establish the basic conditions for the primary subject of international law, namely the state, to legitimately govern its own subjects constructed as free and equal moral agents. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such as (...) killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide (...) or crimes against humanity. Although the United States Code characterizes trafficking as a transnational crime with national implications, (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a stateless offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice. (shrink)

The prosecution of international crimes is a challenge both under international and domestic law. Taking the example of international criminal law (ICL) , the fullest realization of its objectives is influenced by many factors including; (a) the adoption of appropriate laws by states, (b) the adequacy of the ICL framework on definitions of crimes and principles of criminal responsibility, (c) the level of political control and involvement in decision making related to investigation, prosecution or extradition, (d) Problems (...) with exclusion including restrictions on the rights of victims with regard to the proceedings and to reparation, and (e) The application of provisions for amnesties and similar measures of impunity. -/- Over the years, the mandate of States under ICL has expanded. Key reforms under ICL and domestic laws have been led by the above mentioned concerns. The scope of state obligations, in particular, has been shaped by the standards adopted under the ICL framework including the "duty to prosecute" international crimes. The article discusses the normative significance of the "duty to prosecute". (shrink)

The Colombian military and the United Self-Defense Forces of Colombia (AUC) have committed systematic attacks against the Colombian people that violate international law. One such heinous incident took place in May 2003 at the Betoyes Guahibo indigenous reserve in Colombia. Unlike other acts of terror, the attack at the Reserve is well documented. Because of this, the attack on the Reserve is an excellent case for International Criminal Court (ICC) prosecution. This article exposes acts of cruelty and makes (...) a persuasive moral case for ICC prosecution. The ICC has jurisdiction over the attack on the Betoyes people by the AUC and Colombian military. The article further discusses the potential legal exposure of the Colombian government, individual Colombians and US individuals through its military support and training of the Colombian military. (shrink)

In her excellent new book, The Humanity of Universal Crime: Inclusion, Inequality, and Intervention in International Political Thought, Sinja Graf draws on an array of early modern and modern texts...

International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, (...) namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor. (shrink)

The article examines the emergence in the 1990s of the issue of “Comfort women” and the conditions that led to the holding of The Women’s International War Crimes Tribunal for the Trial of Japan’s Military Sexual Slavery. It argues that it was a response both to victims’ needs and to the prevailing revisionism concerning the violence committed during the Asian-Pacific war by the Japanese army, which had been the subject of the Tokyo war crimes trials of 1946-1948. The women’s (...) tribunal represents a significant moment in the recognition and condemnation of the specific violence perpetrated against women in wartime and during armed conflicts: it is both the result of of new paradigms in women’s history and oral history, and the starting point for active support for women victims of violence. L’article examine les conditions qui ont permis la tenue du Tribunal international des femmes de Tokyo pour juger du système de l’esclavage sexuel institué par l’armée impériale japonaise pendant la guerre d’Asie-Pacifique (1937-1945). Il considère qu’il a été à la fois une réponse aux besoins des victimes et au révisionnisme ambiant sur les questions des violences commises pendant la guerre d’Asie-Pacifique et jugées lors du procès militaire de Tokyo en 1946-1948. Moment important pour la reconnaissance et la condamnation des violences exercées à l’encontre des femmes en temps de guerre et lors des conflits armés, il est à la fois l’aboutissement de nouveaux paradigmes en histoire des femmes et histoire orale, et le point de départ pour un soutien actif aux femmes victimes de violence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:January 25, 2012 (9:31 am) E:\CPBR\RUSSJOUR\TYPE3102\russell 31,2 064 red.wpd 1 See Russell’s exposure of this derogatory contraction of “Viet Nam Cong San” (“Vietnamese Communists”) in his War Crimes in Vietnam (London: Allen and Unwin, 1967), p. 45n. On the importance of language, cf. the legendary remark of Russell’s correspondent, Mohammad Ali: “I ain’t got no quarrel with them Viet Cong.… No Viet Cong ever called me nigger.” Russell attempted (...) to enlist Ali on behalf of the iwct (see the ra for their letters of 8 April, 18, 31 May, 11 Sept., 17 Oct., 15 Nov. and 16 Dec. 1967). russell: the Journal of Bertrand Russell Studies n.s. 31 (winter 2011–12): 167–87 The Bertrand Russell Research Centre, McMaster U. issn 0036-01631; online 1913-8032 ibliographies, rchival nventories, ndexes A SECONDARY BIBLIOGRAPHY OF THE INTERNATIONAL WAR CRIMES TRIBUNAL: LONDON, STOCKHOLM AND ROSKILDE Stefan Andersson stefankarlandersson@live.com i.wintroduction T he International War Crimes Tribunal (iwct) on the United States’ warfare in Vietnam was founded in 1966 through the moral outrage of the British philosopher and political activist Bertrand Russell, his private secretary Ralph Schoenman, Ken Coates, Chris Farley and other people connected to the Bertrand Russell Peace Foundation and the Vietnam Solidarity Campaign. They wanted to inform the world about the us government’s attempts to convince the Vietnamese population (who were mainly peasants) that capitalism is a better political-economical system than communism, by killing as many “Vietcong”1 and unarmed seniors, women and children as possible with regular carpet bombing, cluster and phosphorus bombs, napalm, Agent Orange and other illegal weaponry, and oTering the survivors pleasant lodgingsinwired-inhamlets far away from their homes and the graves of their ancestors. This charm oTensive went on for more than ten years, and although three times as many bombs fell on Vietnam, Laos and Cambodia as were dropped during the whole Second World War, surprisingly enough the Vietnamese were not to be converted. In the 1960s this macabre spectacle could be watched on television all over the world, but very few protested against it. Until 1968 the majority of American January 25, 2012 (9:31 am) E:\CPBR\RUSSJOUR\TYPE3102\russell 31,2 064 red.wpd 168 stefan andersson 2 See Norman Mailer’s Armies of the Night: History as a Novel, the Novel as History (New York, New American Library, 1968). He met up with Noam Chomsky, “a slim sharp-featured man with an ascetic expression, and an air of gentle but absolute moral integrity” (p. 180). Both were arrested and spent a night in prison together. 3 See Kirkpatrick Sale, SDS (New York: Random House, 1973), p. 348. See also Natalie Atkin, “From Margin to Mainstream: American Peace Movements, 1950s– 1970s”, in issue “Peace Movements in Western Europe, Japan and the usa since 1945”, Mitteilungsblatt des Instituts für soziale Bewegungen, no. 32 (2004): 175–92. 4 See May 1970: Birth of the Antiwar University (New York: PathWnder P., 1971). 5 The so-called “Chicago conspiracy trials” or “Chicago 7 trials” that followed, when sevendefendants—AbbieHoTman,JerryRubin,DavidDellinger,TomHayden,Rennie Davis, John Froines and Lee Weiner—were charged with conspiracy and inciting to riot, showed that the us government was not going to tolerate such “unpatriotic” and “criminal ” behaviour. See James Tracy, Direct Action: Radical PaciWsm from the Union Eight to the Chicago Seven (Chicago: U. of Chicago P., 1996), pp. 145–51. 6 See Mark Kurlansky, 1968: the Year That Rocked the World (New York: Ballantine Books, 2004), and David Caute, 1968: the Year of the Barricades (London: Hamish Hamilton, 1988), pp. 3, 7–8, 12z–13. 7 Fredrik Logevall, “De Gaulle, Neutralization, and American Involvement in Vietnam, 1963–1964”, PaciWc Historical Review 61 (1992): 69–102. citizens were for the war, although some earlier, well-attended rallies against it, like the 1967 march on the Pentagon in late October,2 might have made some think diTerently. sds (Students for a Democratic Society)3 and other antiwar organizations never became the united force that could challenge the government ’s reliance on what Nixon called the “silent majority”. It was not until the us attacked Cambodia... (shrink)

International criminal law (ICL) is an achievement, but at the same time a challenge to the traditional conception of the principle of legality (_lex praevia_, _scripta_, and _stricta_ – Sect. 1). International criminal tribunals have often based conviction for international crimes on unwritten norms the existence and scope of which they have failed to substantiate. In so doing, they have evaded the objection that they were applying _ex post facto_ criminal laws. This approach, the relaxation of the (...) concept of law by including norms whose existence is doubtful, has apparently served to maintain a concept of strict legality, but it is unsatisfying (Sect. 2). In my opinion, the strict principle of legality that has linked its absolute validity to the positivity of law is not the correct premise. It makes sense to state that positivity and validity do not necessarily go hand in hand (Sect. 3). Applied to ICL, this means that it is neither necessary nor convincing to “conceal” supra-positive law as positive law, as some decisions of the international criminal tribunals do. For this reason, I consider that Radbruch’s formula, consisting in admitting that there are supra-positive limits which positive law must respect in order to be valid, is well-founded (Sect. 4). The path taken by this significant philosopher of law is methodologically convincing, and it squarely faces the problem of the value of positive law. Nevertheless, if we admit Radbruch’s formula and thereby the limited value of positive law (if we claim that the validity of the law depends on it respecting supra-positive minimums of justice), we must also face the problem of the definition of supra-positive values, the epistemological difficulties of having access to them (Sect. 5), and the question of the scope and enforceability of supra-positive law (Sect. 6). In summary, this article aims to explain why Radbruch’s formula offers a convincing conceptual basis for international criminal legality and, in doing so, aims to contribute to the discussion about the foundations of ICL. (shrink)

The Casuistry of International Criminal Law: Exploring A New Field of Research International criminal courts have made an important contribution to the development of international criminal law. Through case law, the courts have fine-tuned and modernized outdated concepts of international crimes and liability theories. In studying this practice, scholars have so far focused on the judicial interpretation of statutory and customary rules, thereby paying little attention to the rules’ application in individual cases. In this article, I (...) reveal the limitations of this approach and illustrate how insights from casuistry can advance international criminal law discourse. In particular, I use the example of genocide to show that casuistic case law analyses can help scholars clarify the meaning of the law and appraise the application of substantive legal concepts in individual cases. Based on these observations, I argue that scholars should complement their current research with studies into the casuistry of international criminal law. (shrink)

In the last two decades there has been a meteoric rise of international criminal tribunals and courts and also a strengthening chorus of critics against them. Today it is hard to find strong defenders of international criminal tribunals and courts. This book attempts such a defense against an array of critics. It offers a nuanced defense, accepting many criticisms but arguing that the idea of international criminal tribunals can be defended as providing the fairest way to deal (...) with mass atrocity crimes in a global arena. Fairness and moral legitimacy will be at the heart of this defense. The authors take up the economic and political arguments that have been powerfully expressed, as well as arguments about sovereignty, punishment, responsibility, and evidence; but in the end they show that these arguments do not defeat the idea of international criminal courts and tribunals. (shrink)

What will be the consequences of the criminalization of aggression? In 2010, the International Criminal Court made aggression a crime for which individuals can be prosecuted. But questions around what constitutes aggression, who decides, and, most important, how effective this legal change will be in reducing the incidence of war remain. This essay considers these questions in light of two recent books on the criminalization of aggression: Noah Weisbord'sThe Crime of Aggression: The Quest for Justice in an (...) Age of Drones, Cyberattacks, Insurgents, and Autocratsand Tom Dannenbaum'sThe Crime of Aggression, Humanity, and the Soldier. While the authors argue in favor of the efficacy of the criminalization of aggression as a means to reduce future war, it is also likely that the criminalization of aggression will reshape war in potentially profound ways. (shrink)

The International Criminal Tribunal for Yugoslavia was established by the UN Security Council in 1993 to prosecute persons responsible for war crimes committed in the former Yugoslavia during the Balkan wars. As the first international war crimes tribunal since the Nuremburg and Tokyo tribunals set up after WWII, the ICTY has attracted immense interest among legal scholars since its inception, but has failed to garner the same level of attention from researchers in other disciplines, notably linguistics. This represents (...) a significant research gap, as the Tribunal’s public discourse can open up interesting avenues of analysis to researchers of law, language, and legal discourse alike. On its official website, the Tribunal claims that it has “irreversibly changed the landscape of international humanitarian law” and lists six specific achievements: “Holding leaders accountable; bringing justice to victims; giving victims a voice; establishing the facts; developing international law and strengthening the rule of the law”. While a number of legal scholars have studied and critiqued the level of ‘achievement’ actually attained by the Tribunal against these metrics and others, of interest to linguists is the ways in which this work might be conveyed discursively. In this paper, we demonstrate how methods from the linguistic field of corpus-based critical discourse analysis can be utilised to explore the discursive construction of such achievements in the language of the ICTY. (shrink)

The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study (...) of legal language. Written in the spirit of Fletcher's classic Rethinking Criminal Law, this work is essential reading in the field of international and comparative law. (shrink)

This book inquires into the role and effects of public apologies in international relations. It focuses on two major questions - why and when do states issue apologies for historic crimes and how and under what conditions are these apologies successful in remedying conflictive relationships? In recent years, we have witnessed an unseen popularity of apologies, particularly in the public sphere, with numerous politicians, managers and clergymen being eager to apologise and atone for the wrong-doings of their countries or (...) institutions. The pope, for instance, has apologized for the Inquisition, the United Nations have apologized for their idleness during the Rwandan civil war and US President Bill Clinton has apologized for slavery, to mention just a few examples. Public apologies, thus, are a new and highly interesting, while nevertheless still puzzling phenomenon, the precise role and meaning of which in international politics remains to be explored. This book sets out to do exactly this. Focusing in particular on state apologies, i.e. apologies which are given and/or demanded by states, it assembles twelve detailed empirical case studies which deal with the two questions raised above. In a first part, the case studies reconstruct the processes in which state representatives react to calls for public atonement by either issuing a public apology or refusing to do so. In a second part, the case studies explore the reactions to the apology (in cases where an apology was given) and evaluate signs for its success or failure. All case studies are based on a theoretical framework which is outlined in the introduction to the book and help develop tentative assumptions about the emergence and the effects of state apologies, drawing on different strands of literature, such as political science, philosophy, sociology or psychology. This work will be of great interest to students and scholars of conflict reconciliation, international relations and transitional justice. (shrink)

According to the received view crimes like torture, rape, enslavement or enforced prostitution are domestic crimes if they are committed as isolated or sporadic events, but become crimes against humanity when they are committed as part of a ‘widespread or systematic attack’ against a civilian population. Only in the latter case can these crimes be prosecuted by the international community. One of the most influential accounts of this idea is Larry May’s International Harm Principle, which states that crimes (...) against humanity are those that somehow ‘harm humanity.’ I argue that this principle is unable to provide an adequate account of crimes against humanity. Moreover, I argue that the principle fails to account for the idea that crimes against humanity are necessarily group based. I conclude by suggesting that the problem with May’s account is that it relies on a harm-based conception of crime which is very popular, but ultimately mistaken. I submit that in order to develop an adequate theory of crimes against humanity we need to abandon the harm-based model and replace it with an alternative conception of crime and criminal law, one based on the notion of accountability. (shrink)

Intergenerational justice not only requires the adoption of best practices and policies; but also the prevention and repression of deleterious and morally blameworthy human behaviour which have severe impacts on the long-term health; safety and means of survival of groups of individuals. While many international crimes have indirect consequences on the well-being of present and future generations; it cannot be said that existing international criminal law is currently well-placed to directly and clearly protect intergenerational rights. As such; the (...) development of a new type of international crime; crimes against future generations; may be a promising avenue for implementing intergenerational justice. Such a crime would penalise acts or conduct that amount to serious violations of existing international law regarding economic; social and cultural rights or the environment. (shrink)

Many scholars and activists have argued that the International Criminal Court holds potential for advancing the rights of women and girls, leading to extensive feminist engagement with and investment in the Court. As the ICC enters its second decade of existence, this article offers a reflection on both the possibilities and the challenges facing feminists. Can the international criminal law really offer a site for enhancing the rights of women? And if so, how? To explore these questions I (...) focus on the interaction between feminist activism and international criminal law institutions in relation to crimes of sexual and gender-based violence. I argue that some of the feminist strategies deployed to get sexual violence onto the international agenda have resulted in perverse outcomes. This should lead us to greater critical reflection regarding how international law conceives of sexual violence and direct our future engagements with international legal institutions. In particular feminist activists and scholars need to move away from focusing on the number of prosecutions towards challenging the international criminal law to characterise the nature of the harm in accordance with a recognition of sexual rights. (shrink)

In this article, I argue that we need a better understanding of the theoretical underpinnings of the current debates in international law surrounding hate speech and inchoate crimes. I construct a theoretical basis for speech acts as incitement to genocide, distinguishing these speech acts from speech as genocide and speech denying genocide by integrating international law with concepts drawn from speech act theory and moral philosophy. I use the case drawn on by many commentators in this area of (...) international criminal law, the trial of media executives for the roles they played in the Rwandan genocide through public speech acts by media entities insulting an ethnic group or advocating violence against an ethnic group. Each of these men were institutional leaders and were charged with using their positions within Rwandan society to distribute what I call genocidal hate speech, genocidal incitement speech, and genocidal participation speech. I argue for a distinction between these three types of speech, and a difference in individual criminal liability for the dissemination of each type of speech. I also argue that there should be a difference in individual criminal liability for speech acts within the context of an ongoing or recent genocide, and speech acts that can be separated from a site of mass violence. (shrink)

In Philosophy and International Law, David Lefkowitz examines core questions of legal and political philosophy through critical reflection on contemporary international law. Is international law really law? The answer depends on what makes law. Does the existence of law depend on coercive enforcement? Or institutions such as courts? Or fidelity to the requirements of the rule of law? Or conformity to moral standards? Answers to these questions are essential for determining the truth or falsity of international (...) legal skepticism, and understanding why it matters. Is international law morally defensible? This book makes a start to answering that question by engaging with recent debates on the nature and grounds of human rights, the moral justifiability of the law of war, the concept of a crime against humanity, the moral basis of universal jurisdiction, the propriety of international law governing secession, and the justice of international trade law. (shrink)

An emerging consensus regards domestic amnesties for international crimes as generally inconsistent with international law. This legal consensus rests on a norm against impunity: the chief role of international criminal law, and of the fledgling International Criminal Court , is to end impunity for violators of the worst of criminal acts. But the anti-impunity norm, and the anti-amnesty consensus that has arisen from it, now face serious difficulties. The ICC's role in the ongoing conflict in Northern (...) Uganda illustrates the deadlock that has now emerged between countries wishing to retain the power to use domestic politics and criminal law as tools for negotiation with current or outgoing perpetrators, on the one side, and the ICC's determination to apply a consistent international anti-impunity norm, on the other. The paper argues that the anti-impunity norm itself is based on a narrowly retributivist conception of criminal justice. A broader norm for democratic accountability, by contrast, would continue to prefer prosecutions over amnesties in international law, less for the opportunity for deserved retribution for perpetrators than for the public enactment of the deliberative procedures associated with the rule of law.Keywords: amnesty; impunity; international law; international criminal court. (shrink)

By what right, or under whose authority, do you try me? This is a common challenge raised by defendants standing trial in front of international criminal courts or tribunals. The challenge comes from the fact that traditionally criminal law is justified as a response of the state to wrongdoing that has been identified by the state as a crime. Nevertheless, since the early 1990s we have seen the development of international criminal tribunals that have the authority to (...) judge certain crimes. This article examines the moral foundation for the authority of international tribunals, arguing that it can be grounded on delegation of powers from the states with primary jurisdiction. The first part of the article examines whether there is any problem, as a matter of principle, in founding the courts’ jurisdictional authority on delegation of powers. It will argue that contrary to David Luban’s view, there is no inherent problem with states delegating their power to punish to other states or to international tribunals. Nevertheless, in making such a decision the ability of the court to provide fair process—a necessary requirement for the court’s ability to issue authoritative decisions—should be taken into account. The second part of the article takes the ICC as a case study and examines whether its jurisdiction can be grounded on delegation of powers. It will be shown that the court’s jurisdiction can indeed be founded on both direct and indirect delegation of jurisdiction from states with primary jurisdiction. This conclusion suggests that other international tribunals created by either multilateral treaties or by Security Council decisions may also be founded on similar grounds. (shrink)

The prelims comprise: Genetics under National Socialism From “Medical War Crimes” to the Nuremberg Code.

The notion that the firm, and economic activity in general, is inherently amoral is a central feature of positive economics that is also widely accepted in business ethics. Theories as disparate as stockholder and stakeholder theory both leave this central assumption unchallenged. Each theory argues for a different set of external ethical restrictions, but neither adequately provides an internal connection between business and the ethical rules business people are obliged to follow. This paper attempts to make this connection by arguing (...) that the purpose of business is to produce a good or service for trade. Trade involves both a respect for individual autonomy and property rights and squarely places moral norms internal to the practice of business. Trade is not a contingent activity of business, it is a practice rule which also provides the common sense boundary between business and charity on the one hand, and crime on the other. Business and those who engage in it are, from the internal point of view, bound by the purpose of trade and not just the laws of the land. (shrink)

This article reviews three books written by Larry May concerning the foundations of international criminal law: Crimes Against Humanity: A Normative Account (2005), War Crimes and Just War (2007), and Aggression and Crimes Against Peace (2008).

Davidovic asks what gives the international community the authority to punish some crimes? On one prominent view some crimes (genome, torture) are so heinous that the international community, so long as its procedures are fair, is justified in prosecuting them. Another view contends that heinousness alone is not enough to justify international prosecution: what is needed is an account of why the international community, in particular, has standing to hold the perpetrators to account. Davidovic raises concerns (...) about both of these views and then defends her own account. On her view, the heinousness of the crimes is relevant, but what makes these crimes the business of the international community is that the community in fact recognizes certain norms against especially heinous crimes. If the international community fails to prosecute and punish those who perpetrate these crimes, this impunity undermines the rule of law, and thereby hinders the maintenance of peace the the protection of human rights. (shrink)

The specialised vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Current attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth (...) century to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations. And for the same reasons, Professor Rubin argues, it is unlikely that an international criminal court can be instituted today to enforce ethicists' versions of 'international law'. (shrink)

First published in 1984, this book examines corporate crime in the pharmaceutical industry. Based on extensive research, including interviews with 131 senior executives of pharmaceutical companies in the United States, the United Kingdom, Australia, Mexico and Guatemala, the book is a major study of white-collar crime. Written in the 1980s, it covers topics such as international bribery and corruption, fraud in the testing of drugs and criminal negligence in the unsafe manufacturing of drugs. The author considers the (...) implications of his findings for a range of strategies to control corporate crime, nationally and internationally. (shrink)

Alors que le Tribunal de Nuremberg n’avait pas traité spécifiquement des crimes sexuels ou du genre des victimes, depuis une vingtaine d’années, l’évolution du droit international, notamment pénal, a été marquée par une prise en compte de la dimension sexuée des crimes de guerre, des crimes contre l’humanité et des génocides. Les tribunaux pénaux internationaux pour l’ex-Yougoslavie (TPIY), celui pour le Rwanda (TPIR) et la Cour pénale internationale (CPI) ont porté une attention particulière aux violences sexuelles et aux femmes (...) victimes de guerre. Pourtant les femmes ne sont pas dans une simple relation binaire aux lois de la guerre, en position de victimes (potentielles) ou d’actrices (moins probables) de leurs violations. Elles peuvent avoir d’autres rôles d’actrices de leur élaboration ou application, à titre d’enquêtrices, procureures, avocates ou juges, témoins ou expertes. Cet état de la recherche considérera d’abord les tribunaux internationaux comme producteur et médium de la recherche sur les femmes et les lois de la guerre. Il envisagera ensuite la diversité des figures féminines, sujets ou objets de ce droit et de cette justice : juristes, criminelles, victimes ou combattantes. Significativement, des questionnements semblables se retrouvent dans ces différents cas : la « féminité » est-elle un facteur explicatif spécifique ou finalement secondaire, un stéréotype à déconstruire? Y a-t-il une continuité entre temps de paix et temps de guerre dans le rapport des femmes à la violence criminelle? La limitation des rôles féminins est-elle le produit d’un droit international étatique ou l’expression plus large d’une domination masculine dans les pratiques guerrières? (shrink)