Current Developments

Last but not least: Lebenslang für den “Schlächter des Balkans”

Das Urteil des Jugoslawienstrafgerichtshofes vom 22. November 2017 gegen Ratko Mladić

    Bei der Verfolgung massiver Gewaltverbrechen spielen die Verfahren gegen die Entscheidungsträger*innen eine besondere Rolle. Die bloße Verfolgung „kleiner Rädchen im Getriebe“ verspricht nicht den gleichen Effekt auf die nach Gerechtigkeit strebenden Betroffenen. Bei der strafrechtlichen Aufarbeitung des Bosnienkrieges blieb dem politischen Oberhaupt der bosnischen Serb*innen, Radovan Karadžić, eine lebenslange Freiheitsstrafe allerdings erspart. Entsprechend wurde der Urteilsverkündung gegen den militärischen Kopf der bosnischen Serb*innen, Ratko Mladić, von bosniakischer Seite …

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Feminist Critiques of International CourtsSymposium

Feminist Judgments in International Law

The Idea of the Feminist Judgments Projects A feminist critique of international courts can confront the lack of representation and inclusion of women as well as women’s lack of access to courts and the justice system. However, any critique of International Courts would be limited without a critical analysis of their output, the all important judgment! Instead of performing the usual academic critique of where the judgment was lacking in …

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Feminist Critiques of International CourtsSymposium

Feminism and the International Criminal Court – still an issue?

While the International Criminal Court (ICC) has always been subject to criticism and is maybe currently facing its biggest crisis with member states withdrawing, the things that are actually going quite well must not be forgotten. It is time to reexamine the ICC from a different perspective: the feminist one. After the adoption of the Rome Statute (RS) in 1998, many envisioned the Court as almost “feminist” due to its …

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DiscussionResponse

Does transnational environmental crime and transnational fisheries crime exist in international law?

Yes, and it is thriving.

In her post, Professor Elliott argues for a ‘levels-of-analysis’ approach to understanding transnational environmental crime. I made a similar argument in a Chapter entitled ‘Fisheries Crime’ in Elliott and Schaedla’s recent book, where I propose three different dimensions to the analysis of ‘fisheries crime’: As a concept in law or the ‘legal procedural perspective’, where ‘fisheries crime’ is an umbrella term for a number of criminal offences, As a criminological phenomenon …

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DiscussionResponse

The battle against transnational fisheries crime

Jurisdictional challenges

The raison d’être of the concept of transnational ‘fisheries crime’ (TFC) (INTERPOL 2013) or ‘marine resource crime’ (UNODC 2011) can be traced to endemic illicit activities in the fisheries sector which, due to their devastating impacts, are increasingly considered as a serious problem worthy of attention as ‘criminal’ rather than merely ‘illegal’ behaviour. In terms of scope and approach, TFC is a broader and perhaps more ambitious successor of the …

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DiscussionResponse

Transnational environmental crime: a challenging problem but not yet a legal concept

A response to Lorraine Elliott Transnational environmental crime is both a challenging reality and a legal concept in the making. From an international law point of view, this concept is currently being defined by soft law instruments that are transmitting normative expectations about the way States may address it rather than prescribing legal provisions. These instruments are paving the way for the future development of international agreements and play an …

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DiscussionKick-off

‘Green Crime’

Transnational Environmental Crimes as a new category of international crimes?

Millions of dollars worth of smuggled elephant ivory intercepted by customs officers each year, shipping containers filled with hundreds of tonnes of illegally traded pangolin scales and kiln-dried geckoes, forests plundered for high-end timber species, rampant criminality in the fisheries sector, and the illegal disposal of hazardous waste across borders: in a report released in June 2016, INTERPOL described environmental crime as a growing international problem that threatens natural resources, …

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Discussion

Putschists behind Bars?

Regional Criminalization of Unconstitutional Changes of Government in Africa

This contribution results from our cooperation with the journal „Swiss Review of International and European Law“ an discusses an article by Abdoulaye Soma on the international crime of unconstitutional changes of government, which was published in December 2016. The Point of Departure Regionalism continues to increasingly develop in various fields of law. Abdoulaye Soma, who acknowledges the birth of an African international criminal law, analyses one of its specificities: the …

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Discussion

Rethinking the International Criminal Justice Project in the Global South

A dialogue about methodology between TWAIL and ICL

Concerns about the International Criminal Court’s (ICC) continuing relevance in Africa following exit announcements by Burundi, South Africa, and Gambia are widespread. But the picture across the continent is more complex. While some African states have clearly rejected the Court, the majority remain members. How can we explain the fracturing of the Court’s support in Africa? More fundamentally – what is the best way of studying international criminal justice and its effects …

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DiscussionResponse

Victor’s Justice, Contested

A Response to Gabriel Lentner

In his post, Gabriel Lentner argues that the ICC legitimizes and reproduces “victor’s justice” through its acceptance of Article 13(b) referrals from the Security Council. He takes issue with the legal nature of the referrals, in which he finds the legitimation of a double standard of international justice in the Rome Statute. He also sees a double standard in the referrals themselves. That is, the referrals under Article 13(b) are …

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