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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DiscussionKick-off

Victor’s Justice in Disguise?

UN Security Council Referrals and the International Criminal Court

The UN Security Council has the power to refer situations to the International Criminal Court (ICC) against the will of the territorial state, even if that state is not a party to the ICC. The Council has done so for the first time in 2005 in the case of the atrocities committed in the brutal civil war in Darfur, Sudan. That referral resulted inter alia in two open arrest warrants …

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Current Developments

The ICC’s Al Mahdi verdict on the destruction of cultural heritage: two steps forward, one step back?

On 27 October 2016, the International Criminal Court (ICC) convicted Ahmad Al Faqi Al Mahdi of war crimes related to the destruction of protected cultural heritage in Mali under article 8(2)(e)(iv) of the 1998 Rome Statute. He was sentenced to nine years of imprisonment – the lowest sentence imposed by the ICC thus far. Although Mr. Al Mahdi cannot be considered a “big fish”, the Al Mahdi case made history …

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DiscussionResponse

Thinking globally, acting globally

The case of corporate criminal liability and economic crimes

As stated in Ricarda’s post, the African Union surprised the international community in 2014 with its proposal for the creation of an integrated African Court of Justice and Human Rights (ACJHR) drafted in the Malabo Protocol. The planned criminal law chamber stirs academics as much as practitioners because of its not yet defined relationship to the International Criminal Court (ICC). The new chambers could either be upstream or equally ranked with …

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DiscussionKick-off

Thinking globally, acting regionally

Towards the regionalization of international criminal law

In June 2014, the African Union (AU) General Assembly adopted the Malabo Protocol that attempts to change the AU court system as well as international criminal law (ICL) in a radical – yes, even revolutionary way. The Protocol foresees the creation of an integrated African Court of Justice and Human Rights featuring a human rights chamber, a general affairs chamber and a criminal law chamber that has jurisdiction over natural …

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Current Developments

The Bemba Trial Judgment

A Small Step in the Right Direction

The decision On 21st March 2016 Trial Chamber III of the International Criminal Court (ICC) found Jean-Pierre Bemba Gombo (Bemba) guilty for murder and rape as a war crime and crime against humanity, as well as pillaging as a war crime, committed in the Central African Republic (CAR) in the period between 2002-2003.

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Current Developments

The Karadžić Judgment: The ICTY at its Peak

In theater, the peak of a play in which all strings of the story converge and the intrigue is resolved, is called the climax. With its verdict against Radovan Karadžić, the International Criminal Tribunal for the former Yugoslavia (ICTY) has come to its climax.

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Debating "Beyond Human Rights"Symposium

Beyond Individual Criminal Responsibility?

Anne Peters’ most recent opus ‘Beyond Human Rights: The Legal Status of the Individual in International Law’ constitutes an outstanding and ground-breaking piece of scholarship that radically re-positions the individual within the grid system of international law and consistently supplements her previous work on global constitutionalism: The book hence establishes a new frame of reference for analysing the individual’s status under international law as – instead of exclusively focussing on …

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