Search result: 8 articles

x
Article

Languages and Linguistic Issues before the International Criminal Court

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords linguistic issues, ICC, language of criminal procedure, local languages, use of own language
Authors Péter Kovács
AbstractAuthor's information

    The present article deals with some of the language issues present before the International Criminal Court (ICC). These issues do not simply result from the challenges of translation to/from English and French but also from the fact that the English and French used before the ICC are specialist legal languages with centuries-old practice behind their well-established notions (e.g. ‘no case to answer’). There are numerous other languages used by witnesses and victims with various backgrounds in the different cases and situations. They are mostly local, sometimes tribal languages often lacking the vocabulary necessary to describe complex legal issues, to deal with notions and phenomena of modern substantive or procedural law. It is equally important to note that there are always special local notions, which are impossible to translate with a single term, sometimes becoming a part of the English or French language of the procedure. Other languages, however, may bring with them their own special legal or historical-legal vocabulary, which must be reflected on in order to unpack its proper meaning. As such, language issues are omnipresent before the ICC, having also an impact on the budget of the Court. The efficient and accurate work of interpreters and translators is of outmost importance from the point of view of fair trial, rights of the accused but also from the perspective of access to information for victims, witnesses or local communities who are following the judicial procedure from home.


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

Access_open Joint Criminal Enterprise before the Chambres Africaines Extraordinaires

Hissène Habré’s Direct and Indirect Criminal Liability

Journal African Journal of International Criminal Justice, Issue 1-2 2017
Keywords International criminal law, joint criminal enterprise, complicity, Chambres Africaines Extraordinaires / Extraordinary African Chambers, hybrid tribunals
Authors Kerstin Bree Carlson
AbstractAuthor's information

    The Chambres Africaines Extraordinaires (CAE), ad hoc chambers operating under the auspices of the Dakar municipal courts, were constructed to try Hissène Habré. In targeting Habré, the CAE was designed to appease Chadian calls for justice (from Habré’s victims, on one hand, and the Déby regime, on the other), resolve Senegal’s impasse over the legality of Habré’s culpability and allow the African Union to meet its leadership obligations. To this tall order, the CAE was required to exercise legitimate judicial authority in the contested sphere of international criminal law (ICL), where content is pluralist and political.
    This article examines the CAE’s finding of Habré’s culpability for war crimes, crimes against humanity and torture. The article shows that the CAE applied a novel construction of liability under ICL and argues that it did so in order to strengthen its authority and legitimacy. By so doing, the CAE has made a significant addition to the field of ICL. This article explores the CAE’s application of joint criminal enterprise (JCE) to consider how the internationally formulated doctrinal standard is reshaped by CAE practice.


Kerstin Bree Carlson
University of Southern Denmark and The American University of Paris.
Article

Accountability for Forced Displacement in Democratic Republic of Congo and Uganda before the International Criminal Court

Journal African Journal of International Criminal Justice, Issue 2 2015
Keywords Forced displacement, International Criminal Court, Uganda, Democratic Republic of Congo, reparations
Authors Luke Moffett
AbstractAuthor's information

    This article examines the challenges of investigating and prosecuting forced displacement in the Central African countries of Democratic Republic of Congo and Uganda, where higher loss of life was caused by forced displacement, than by any other. In the Democratic Republic of Congo, armed groups intentionally attacked civilian populations displacing them from their homes, to cut them off from food and medical supplies. In Northern Uganda, the government engaged in a forced displacement policy as part of its counter-insurgency against the Lord’s Resistance Army, driving the civilian population into “protected villages”, where at one point the weekly death toll was over 1,000 in these camps. This article critically evaluates how criminal responsibility can be established for forced displacement and alternative approaches to accountability through reparations.


Luke Moffett
Lecturer and Director of the Human Rights Centre, Queen’s University Belfast, l.moffett@qub.ac.uk.

    To ensure its continued viability, the International Criminal Court must find “practical” ways to appeal to its African (and global) audience, options that do not require substantial additional funding or revisions to the Rome Statute while remaining true to fundamental principles of international justice. Subject to such limitations, this article examines the “end product” of the ICC – the judgments authored by the Trial Chambers to date. Unfortunately, these opinions are simply incomprehensible to any but a few specially trained, highly interested stakeholders. They are extraordinarily complex and lengthy and fail to emphasize or address issues that are clearly important to the audiences in states where atrocities have occurred. The article reviews existing judgments and provides suggestions for future improvements, thereby increasing accessibility to African leadership, civil society organizations, and the public at large. Such efforts will contribute to increased legitimacy and, consequently, the long-term impact and relevancy of the Court.


Matthew C. Kane
Matthew C. Kane is a Visiting Assistant Professor at the University of Oklahoma College of Law, teaching courses on criminal law, torts, and international and comparative criminal law. He also serves a director and shareholder of Ryan Whaley Coldiron Jantzen Peters & Webber PLLC, concentrating on criminal and complex civil law matters. Special thanks to The Hague University of Applied Sciences, which organized the conference “Africans and Hague Justice,” where this paper was originally presented.
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.

Yvonne McDermott
LL.B. (National University of Ireland, Galway); LL.M. cum laude (Leiden University); Ph.D. Candidate, Irish Centre for Human Rights. The author would like to express her sincere thanks to Mr. David Leahy for comments on an earlier draft.




Showing all 8 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.