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The system of international criminal justice was established in response to gross human rights violations committed during World War II. Despite its development over the past seven decades, challenges and critiques remain unresolved or have subsequently emerged, particularly in the context of the International Criminal Court (ICC). Key issues include amnesties, immunities, controversial acquittals, non-cooperation, interpretative fragmentation, and cultural clashes. Criticism emerged as a reaction to the perception of impunity and the system’s underachievement. It is important to reflect on the extent to which such challenges are inherent to the system and whether they can be overcome. What is the state of international criminal justice today? What impact have these challenges had on the system’s integrity, currency, and credibility? To what extent can we prevent or remedy them? This volume brings together major contributions to the 8th AIDP Symposium for Young Penalists which was organised by the AIDP Young Penalists Committee and convened on 10 and 11 June 2021 in telematic mode, hosted by the Faculty of Law of Maastricht University.
This longitudinal study is based on the story of Lola, who was gang raped during the war in Bosnia and Herzegovina in 1992. At the time, she was in a detention camp with her young children. Only one of Lola’s several perpetrators was convicted but his sentence of six years of imprisonment has never been actioned by the Bosnian judiciary. Lola’s rapist is still free and she lives in continual fear that he will retaliate against her and her children for her role in his trial.
This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti amnesty, the major turning point, through comparisons to th...
This book examines the parallel development and interaction between the International Criminal Court (ICC) and the doctrine of the Responsibility to Protect (RtoP), assessing this relationship over time and through case studies of Darfur, Libya, and Syria. The similarities and connections between the doctrine and the Court have been highlighted by UN bodies, the organs of the Court, and scholars, yet their relationship and common impact on international law have been less explored. This book fills this gap in presenting an overview of how the development of RtoP and the ICC affect various branches of international law. The research shows that while the doctrine and the Court experienced sign...
Authoritative, succinct and up-to-date introduction to the law and practice of the International Criminal Court.
Cover -- Contents -- Acknowledgments -- Introduction: Arendt in Jerusalem: The Eichmann Trial, the Banality of Evil, and the Meaning of Justice Fifty Years On -- 1 Judging the Past: The Eichmann Trial -- 2 Eichmann in Jerusalem: Conscience, Normality, and the "Rule of Narrative" -- 3 Banality, Again -- 4 Eichmann on the Stand: Self-Recognition and the Problem of Truth -- 5 Arendt's Conservatism and the Eichmann Judgment -- 6 Eichmann's Victims, Holocaust Historiography, and Victim Testimony -- 7 Truth and Judgment in Arendt's Writing -- 8 Arendt, German Law, and the Crime of Atrocity -- 9 Whose Trial? Adolf Eichmann's or Hannah Arendt's? The Eichmann Controversy Revisited -- Contributors -- Index
This book examines the management of migratory flows in the Mediterranean within an international security perspective. The intense migratory flows registered during the year 2015 and the tragedies in the Mediterranean Sea have tested the mechanisms of the Union’s immigration and asylum policies and its ability to respond to humanitarian crises. Moreover, these flows of varying intensities and geographies represent a threat to the internal security of the EU and its member states. By using Spain and Italy as case studies, the author theorizes that the EU, given its inability to adopt and implement a common policy to effectively manage migratory flows on its Southern border, uses a deterrence strategy based on minimum common denominators.
The main objective of Beyond the Binary is to place on record the need to formulate answers to the question of the role that criminal action and punishment should play in negotiated political transitions from war to peace. Discussions on the meaning and scope of concepts such as justice, accountability, and victim satisfaction continue to be fervent topics in specialized circles of what is now known as “the transitional justice field,” and in societies suffering from mass violence. Instead of solving the practical and theoretical dilemmas of these interpretative disputes, the experience and knowledge accumulated over the more than three decades that this field has been in existence have ...
Assesses the legacy and impact of the ICTY and ICTR, focusing on their most significant legal achievements in international criminal law.
Judicial Dialogue on Human Rights offers a critical legal perspective on the manner in which international criminal tribunals select, (re-)interpret and apply the principles and standards formulated by the European Court of Human Rights. A part of the book is devoted to testing the assumption that the current practice of cross-referencing, though widespread, is incoherent in method and erratic in substance. Notable illustrations analysed in the book include the nullum crimen principle, prohibition of torture, hearsay evidence and victims’ rights. Another section of the book seeks to devise a methodologically sound ‘grammar’ of judicial dialogue, focussing on how and when human rights concepts may be transferred into the context of international criminal justice.