Search result: 13 articles

x
Article

The Role of International Territorial Administration in (Semi) Permanent Lunar Presence

Journal International Institute of Space Law, Issue 1 2019
Keywords International Territorial Administration, Governance, International Law, Space Law
Authors Matija Renčelj
AbstractAuthor's information

    The aim of this paper is to analyse examples of ITA as a relevant model in administering celestial bodies. Proposed missions to the Moon promise ambitious plans which will change the way humanity perceives (and administers?) our closest celestial neighbour. Examples of ITA, which first emerged in the 19th and early 20th century are valuable resources for understanding how international organisations can undertake administration of increased presence on celestial bodies. In fact, international organisations already perform such powers (i) either vaguely, e.g. through the OST or (ii) through a clear regulatory mechanism that assigns slots in Geostationary orbit. In order for the regulatory framework to get up to speed with developments in space exploration the solution is two-fold: (i) avoid fragmenting debates on niche-topics (resources, cultural heritage, safety standards) but rather tackle them through a comprehensive framework and (ii) allow the UN (or a body designated by the UN) to actively administer activities on celestial bodies. ITA mechanisms developed in the past 100 years, have proven flexible enough to adapt to multiple scenarios and different political realities. Furthermore they allow international organisations to assume powers of administration without acquiring ownership over the territory and are hence in line with the provisions laid down in the OST. The analysed mechanisms in no way represent a magic solutions to all the alleged shortcomings of the current regulatory environment, it is nevertheless important to establish a nexus between developed examples of ITA and potential future mechanisms administering activities on celestial bodies.


Matija Renčelj
Member States Relationships & Partnerships Office, European Space Agency.
Article

Access_open ‘Cruel Men Can Do Kind Things and Kind Men Can Do Cruel Things’

Reconsidering the Enemy of Humanity in Contemporary International Criminal Trial Discourse

Journal Netherlands Journal of Legal Philosophy, Issue 2 2018
Keywords humanity, international criminal justice, opening statements, trial discourse, perpetrators
Authors Sofia Stolk
AbstractAuthor's information

    This article discusses empirical examples from international trial transcripts to see if and why there is a need to use the ‘enemy of all humanity’ label in contemporary international criminal justice discourse. It shows an absence of explicit uses of the concept and an ambiguous set of implicit references; the hosti generis humani concept is simultaneously too precise and too broad for ICJ discourse. Based on these findings, the article challenges David Luban’s suggestion that the term can be undone from its dehumanizing potential and used adequately in the ICJ context.


Sofia Stolk
Sofia Stolk is researcher at T.M.C. Asser Instituut/University of Amsterdam and research fellow at the Centre for the Politics of Transnational Law, Amsterdam.
Article

The Rome Statute Complementarity Principle and the Creation of the African Court of Justice and Human and Peoples’ Rights

Journal African Journal of International Criminal Justice, Issue 1-2 2018
Keywords Rome Statute, International Criminal Court, complementarity, African Court of Justice and Human and Peoples’ Rights, unwillingness and inability
Authors Muyiwa Adigun LLB, LLM PhD
AbstractAuthor's information

    The Rome Statute places the responsibility of prosecuting crimes recognized under the Statute on state parties and the International Criminal Court (ICC) and will only intervene when such states are unwilling or unable. This is called the principle of complementarity. Thus, African state parties to the Statute are expected to prosecute crimes recognized under the Statute. However, these African state parties and their counterparts who are not parties have decided to create the African Court of Justice and Human and Peoples’ Rights, which, like the ICC, will prosecute the crimes recognized under the Rome Statute if they are unwilling and unable. This study therefore examines the question of whether the creation of the African Court of Justice and Human and Peoples’ Rights is compatible with the obligation of the African state parties under the Rome Statute to prosecute. The study argues that the creation of the Court can be reconciled with the obligation to prosecute under the Rome Statute if the African Union, of which the Court is its judicial organ, is considered to be the agent of the African state parties, which invariably implies that the African state parties are the ones carrying out the prosecution as principals.


Muyiwa Adigun LLB, LLM PhD
LLB, LLM (Ibadan); PhD (Witwatersrand); Lecturer, Faculty of Law, University of Ibadan, Ibadan, Nigeria.

Péter Kovács
Professor of law, Pázmány Péter Catholic University, Budapest; judge of the International Criminal Court (2015-2024).
Article

Victims’ Right to Reparation in Light of Institutional and Financial Challenges

The International Criminal Court and the Reparation for the Victims of the Bogoro Massacre

Journal East European Yearbook on Human Rights, Issue 1 2018
Keywords Bogoro massacre (DRC), International Criminal Court, Katanga case, reparation, victims
Authors Péter Kovács
AbstractAuthor's information

    The aim of the article is the presentation of the recently issued documents – the ‘Order for reparation’ issued by the Trial Chamber II of the ICC and the document called ‘Notification’, recently adopted by the Trust Fund for Victims of the ICC – which are important first and foremost in the reparation procedure of the victims of the Bogoro massacre, subsequent to the case The Prosecutor v. Germain Katanga. Second, these documents will also have a considerable impact on the reparation procedures to be carried out by the ICC in the future. The reader can also see the interactions between classic sources of public international law and those norms which are very difficult to be characterized legally but without a doubt play a very important role during the procedure.


Péter Kovács
Professor of international law at the Péter Pázmány Catholic University, Budapest, and judge of the International Criminal Court (2015-2024).
Article

Access_open The Casuistry of International Criminal Law: Exploring A New Field of Research

Journal Netherlands Journal of Legal Philosophy, Issue 2 2015
Keywords international criminal law, judicial reasoning, casuistry, genocide
Authors Marjolein Cupido
AbstractAuthor's information

    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.


Marjolein Cupido
Marjolein Cupido is Assistant Professor at the Department of Criminal Law at VU University Amsterdam and fellow of the Center for International Criminal Justice.
Article

Freedom of Speech, Freedom of Religion and Islam

A Review of Laws Regarding ‘Offences Relating to Religion’ in Pakistan from a Domestic and International Law Perspective

Journal European Journal of Law Reform, Issue 2 2014
Keywords blasphemy, apostasy, freedom of religion, Ahmadi, minority rights in Pakistan
Authors Ujala Akram
AbstractAuthor's information

    During the struggle for a separate homeland, named Pakistan, for Muslims who were the then religious minority in British India, a promise was inevitably made that the religious minorities will enjoy freedom to hold and practice their belief in this new country. The promise was kept in all three Constitutions of Pakistan where minorities were given the right to practice their religion. However, the subsequent amendments to the Constitution were made with the presumption that Pakistan was created to establish an Islamic State, which stifled the freedom of religion and belief of the religious minorities. In the absence of a domestic mechanism to protect the freedom of religion in Pakistan, international law was supposed to play a major role in the protection of the same. Unfortunately, international law, owing to the lack of sanctions and mechanism to implement the law, proved to be weak in this case. However, through an amalgamation of international law, international pressure, amendments to existing laws and promulgation of new laws to protect the religious freedom of minorities in Pakistan – the minorities may be able to enjoy the freedom of religion as it was envisioned while fighting for the independence of Pakistan.


Ujala Akram
LLM 2007, S.J.D. Candidate, Indiana University McKinney School of Law.
Article

Access_open De complexiteit van het kwaad

Een kritische lezing van Hannah Arendts Eichmann in Jerusalem

Journal Netherlands Journal of Legal Philosophy, Issue 1 2012
Keywords banality of evil, Hannah Arendt, Adolf Eichmann, Holocaust studies, philosophy of international criminal law
Authors Klaas Rozemond
AbstractAuthor's information

    In her book Eichmann in Jerusalem Hannah Arendt concluded that the Eichmann trial taught us the lesson of the ‘fearsome, word-and-thought-defying banality of evil’. Arendt explained the concept of banality as thoughtlessness: Eichmann did not realize what he was doing when he planned and executed the Final Solution of the Jewish Question in Nazi Germany. In this article Arendt’s analysis of Eichmann’s evil is criticized from an internal perspective: the conclusion that Eichmann was thoughtless cannot be founded on the information Arendt herself gives, especially her reports on Eichmann’s idealism, his knowledge of Kant’s categorical imperative, his Pontius Pilate feeling during the Wannsee Conference, and the two crises of conscience Eichmann experienced during the Holocaust. This information shows that Eichmann clearly realized what he was doing in a moral sense and consciously decided to go on with the Final Solution on the basis of his own convictions as a Nazi.


Klaas Rozemond
Klaas Rozemond is Associate Professor of Criminal Law at the VU University of Amsterdam.
Article

Access_open How Should the ICC Office of the Prosecutor Choose its Cases?

The Multiple Meanings of ‘Situational Gravity’

Journal Hague Justice Journal, Issue 1 2009
Authors Mark Osiel
Author's information

Mark Osiel
Director of International Criminal/ Humanitarian Law and Public International Law, T.M.C. Asser Instituut, The Hague.

Dan Saxon
Dan Saxon is Senior Trial Attorney at the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY). The views expressed herein are those of the author alone and do not necessarily reflect the views of the International Tribunal or the United Nations in general.

Carsten Stahn
Dr. jur., LL.M. (NYU), LL.M. (Cologne-Paris), Associate Professor of International Criminal Law, Leiden University, Programme Director, Grotius Centre for International Legal Studies. These remarks are based on the Opening of the Academic Year at Campus Den Haag, Leiden University. Thanks are owed to Ms. Ruth Shaikh for her editorial assistance.

Harry Post
Harry Post is General Editor of the HJJ-JJH and Editor-in-chief of the Hague Justice Portal.

Linda M. Keller
Associate Professor of Law, Thomas Jefferson School of Law. This essay is based on a more extensive article analyzing the peace versus justice dilemma in the International Criminal Court’s investigation in Northern Uganda. See Linda M. Keller, Achieving Peace with Justice: The International Criminal Court and Ugandan Alternative Justice Mechanisms, 23 CONN. J. INT’L L. (forthcoming Spring 2008). The author would like to thank Professors Mark Drumbl and Beth Van Schaack for their insightful comments. The author also thanks all the members of the TJSL writing group, particularly Professors Anders Kaye and Deven Desai, for their helpful feedback.
Showing all 13 results
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.