Dissertations / Theses on the topic 'Compétences pénales'
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Bauchot, Bertrand. "Sanctions pénales nationales et droit international." Phd thesis, Université du Droit et de la Santé - Lille II, 2007. http://tel.archives-ouvertes.fr/tel-00200035.
Full textprivilégié.
Stephan, Aurore. "La gestion pénale de l'étranger en droit international." Thesis, Rennes 1, 2017. http://www.theses.fr/2017REN1G031.
Full textAt first glance, international preparations regarding criminal matter don’t seem to establish predictions specific to foreign nationals. In fact, the principles of territoriality and nationality, both rendered systematically mandatory in international agreements in criminal matter, don’t make any mention of the status of foreigner, either in including it their scope of application (territoriality principle), or in leaving it out completely (passive personality principle). However, international law doesn’t show indifference towards accountability of offenses by foreign nationals committed abroad, whether it is for protecting national or international interests, with the goal of fair application of justice, or to fight against impunity. Furthermore, it admits that certain interactions may exist between the specific status of some foreign nationals and the processing of their implication in criminal procedure. Above all, international dispositions in criminal matter compel states increasingly to ensure actual equality between foreign nationals and nationals tried in criminal procedures. This equality comes through forecasting of positive duties at the responsibility of states on which persons are found, culprits and victims alike. If international instruments have been adopted specifically to foreign nationals so they can, in practice, enjoy the same rights as nationals, equality between persons tried in criminal procedures also results of jurisprudence from human rights bodies. The disappearance, under the influence of international law, of the distinction between foreign nationals and nationals in the implementation of procedural duties, also tends to end up in sentence enforcement. As a matter of fact, the nationality criterion, traditionally chosen in order to determine which state is best able to enforce a penalty, yields to the residence criterion. Based on the analysis of links of individuals to a state, this criterion is independent of the nationality of the persons involved
Chouraqui, Véronique. "Les compétences pénales du juge de paix sous la Révolution : entre police et justice (19-22 juillet 1791-3 brumaire an IV) : l'exemple de Nîmes, Béziers et Montpellier." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10056/document.
Full textThe laws of August 16th and the 24th off 1790 happened during the creation of the judiciary system which was during the time of the revolution and was seen as a big innovation/motivation towards peace in civil matters. The judge of peace is assigned two laws ; which are a repressive and successive law : 1. The decree of July the 19th and the 22nd in relation to the organisation of the municipal police and the police court 2. The decree of September the 29th 1791 in relation to the security police, the criminal justice and the establishment of the jurors. The legislator nominates him with the laws of October the 28th september and the 6th october 1791 as judge of the rural police. The judge of peace plays an essential role in the criminal procedure. Through his functions of safety police officer he has the responsibility of investigating every case regardless off their severity. He judges those within the jurisdiction of the court of police. This omnipresence has two major drawbacks; it contradicts the principle of the separation of the powers by giving it the same duties of police and justice. It does not meet the requirements of the political repression by leaving it to the same man the task of pursuing all the offences regardless off what they are. In 1792, the legislator divided the security police into two branches : private security and general security entrusting the latter to municipalities. Research was done in three big cities; Hérault and Gard, Montpellier, Béziers and Nîmes off the activities of the judges of peace which shows that during their first four years, they discharged their attributions between the police and justice. It will take the Code of Brumaire the 3rd , year IV which will nominate the judge of peace as officer of police court and will investigate criminal courts, to separate in a clearer way the two functions
Moulier, Isabelle. "La compétence pénale universelle en droit international." Paris 1, 2006. http://www.theses.fr/2006PA010304.
Full textFernandez, Stéphanie. "Essai sur la distribution des compétences en droit pénal international." Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10037.
Full textKhaleghi, Ali. "Réflexions sur la compétence pénale internationale en droit français." Nancy 2, 2002. http://www.theses.fr/2002NAN20005.
Full textFor the different reasons, we can note nowadays the internationalisation of the criminality in such a way that an offence can be related to several states whose territory, subjects or interests are at stake. In this situation, every state behaves in a way that it consider to be in accordance with the danger threatening its public order. It can freely select the necessary measures in order to protect itself against the criminality in the international plane. In France, there is an harmonized group of legal devices for facing with the offences containing an element of foreignness. Given the diversity and the complexity of the criminal phenomenon, the different devices must be used in order to fight the criminality. One of the these measures is to persue and to try the offenders. By this way, France gives permission to the french tribunals to try a person and to apply the french laws. Our research shows us the capacities of the french legal system in this matter and allows us to value its advantages and disadvantages. Its deficiencies and excesses are cleared and we can thus note the general tendency of french penal law in this matter
Perrin, Maxence. "Essai sur la compétence matérielle des juridictions pénales de jugement." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30027/document.
Full textA core notion in criminal law for the first time put into perspective within the framework of a detailed research work. The assessment of that theme is deserved as this competence is subject to consequences. By evaluating it in extenso, latent incidences find a legitimate place as much in the field of public and private law than in the procedural sphere or in the criminal law. The key point of that theme sets up the assessment of causes and effects in the study of the jurisdiction's evolution in criminal matter.At the time of the confrontation between several necessities of the repressive justice which are immanent to such a study, tendencies between equality and individualization, fair time and swiftness, or legality and equity are joining them ; following the example of those challenges, the jurisdiction is evolving.This study was led under new auspices throughout the writing of that work.The topicality on that theme remains ardent.It should be noted that the jurisdiction of courts of law can be the object of prospectives. If justice's necessities, which seem a priori antagonists, reveal contradictions, middle ways can be taken into account in a way to strike a balance
Abu, El Heija Muhammad. "La compétence universelle : un mécanisme pour lutter contre l'impunité." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32075.
Full textThe XXe century has known the commission of serious crimes that hearts all mankind. Something that led up the international community to look for means in order to fight against these crimes. First, we established the two ad-hoc tribunals, the ICTY and the ICTR, with a Security Counsel resolution. Then the establishment of the International Criminal Court, which his entry date is the 1st of July 2002, constitutes a huge step in the evolution of the international criminal justice. However, before the establishment of these instruments, others were used in order to struggle against the criminals. The universal jurisdiction was, and continues to be, one of those means. It was recognized in the beginning of the XIIIe century and the 1st time that it was used was in the case of piracy. In the XXe century, the sector of applications of the universal jurisdiction has been multiplied, especially with crimes committed during the Second World War. However, practice has showed that application of universal jurisdiction is not patent as it seems to be. Some difficulties, such as internal or international one, are faced, but some are overcome
Abou, Daher Layal. "La compétence universelle des juridictions nationales : étude de droit comparé : Belgique, france, Liban." Poitiers, 2010. http://www.theses.fr/2010POIT3005.
Full textBeyond the hesitations which surround the place of universal jurisdiction in international law, it is its' implementation by national juridictions which causes as much as enthusiasm as embarassment. Fearing the implications of its implementation, particularly on a political level, the states do not venture imprudently. The majority prefer to satisfy themselves by a moderated or even a minimalist approach. .
Tape, Laurent. "La compétence internationale des juridictions françaises en matière pénale." Paris 1, 2011. http://www.theses.fr/2011PA010290.
Full textArnal, Jérôme. "Cybercriminalité et droit pénal." Montpellier 1, 2008. http://www.theses.fr/2008MON10044.
Full textDella, Morte Gabriele. "La délimitation de la compétence de la Cour pénale internationale face aux systèmes juridiques externes : hypothèses de conflits et mode de résolution." Paris 1, 2003. http://www.theses.fr/2003PA010285.
Full textNeira, Pinzon Clara Stella. "La compétence internationale pénale à la lumière du précédent Pinochet." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA024/document.
Full textThe application of the criminal international jurisdiction in the Pinochet case left an important precedent in the area of the fight against impunity, as shown by the procedure brought into play by the Spanish Audiencia Nacional and also by the Cour d'Assises of Paris, with the enforcement of the passive personality principle. Actually, with the international arrest warrant for extradition issued by the Spanish judicial authorities, which made possible the arrest of Pinochet in London; the denial of his immunity by the House of Lords and the judgment in absentia in France of his military organization, the international law has a before and an after. The international criminal law is under lined as the juridical foundation of the extraterritorial jurisdiction of the legal authorities of a state. It allows the application as well of the universal jurisdiction principle as of the passible personality principle, both used, in this precise case, with the objective to exercise an international justice
Laucci, Cyril. "Les compétences nationales et internationales en matière de répression des crimes de guerre." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32021.
Full textSimon, Perrine. "La compétence d'incrimination de l'Union européenne." Thesis, Paris Est, 2017. http://www.theses.fr/2017PESC0086.
Full textThe attribution of a criminalisation competence to the Union raises complex questions traditionally attached to the criminal law power, particularly the one of promotion through criminalisation choices of a collective conscience and the expression of values essential to the society. It is the question of a European identity. The penal integration project has developed very rapidly the last thirty years without any deep reflection on the legitimacy of this evolution. Its experimental character is often considered as an illustration of the banalisation of the criminal sanction, being it in order to respond to violations rising a high social alarm or in order to give effectivity to a technical legislation. The absence of criminal policy creates the fear of a European intervention not respecting the requirement attached to the resorting to criminal law in a State under the Rule of Law that are the respect of the person and mostly the principle of ultima ratio
Stasiak, Frédéric. "Nature des autorités de régulation à pouvoirs répressifs et garanties fondamentales de la personne." Nancy 2, 1995. http://www.theses.fr/1995NAN20001.
Full textThe multiplication of diverse organisms with repressive prerogatives, and specially regulation authorities as the “conseil de la concurrence”, the “conseil superieur de l'audiovisuel” or the “commission des operations de bourses”, is a hardly contestable phenomenon. Facing this tendency, the existence of guarantees flanking their sanction powers seems more important than a sterile debate on the nature-administrative or jurisdictional- of these organisms. The analyse of both jurisprudences of the “conseil constitutionnel” and the European court of human rights allow to draw several fundamental guarantees destined to flank this extra-penal repression. The "fair trial" notion supposes some guarantees concerning first the organisation (independence and impartiality) of this instances and their sanction procedure (defence rights respect it means, cross-examination principle jurisdictional appeal, innocence presumption and oral hearing). These formal guarantees must also be completed by substantial guarantees result from the principle of legality (clear, distinct, accessible and non-retroactive incriminations and sanctions) and from the principle of proportionality (limitation of addition between penal and administrative sanctions, no automatic and justified sanctions)
Novati, Daniela. "Réticences des Etats et érosion de la compétence de la Cour pénale internationale." Thesis, Dijon, 2013. http://www.theses.fr/2013DIJOD003.
Full textThe failure to make international criminal law imperative and the resulting fragility of international criminal justice should not be understood as the consequence of a normative choice toward a jurisdictional model, be it ad hoc or conventional. Rather, it derives from the State's weaknesses and reluctance to abide by the chosen norm. This is clearly confirmed by the very way the International Criminal Court was implemented, functions and is being sadly circumvented. Instead of bolstering the fight against impunity, it focuses on the fight for the “justiciability” of the perpetrators of the most serious crimes, resulting in subsequent negative effects on Humanity’s consciousness: crimes against humanity, crime of genocide, war crimes and crime of aggression. Owing to the fact that a State's primary concern is its own sovereignty, the biggest obstacle the Court has to overcome remains that at any moment, directly or indirectly, its competence can be intentionally overruled by any State, signatory or not of the Treaty of Rome. Observing State strategies shows that relinquishing one’s repressive authority is generally seen through a negation of formerly made commitments: some States dissociate from the repression monopoly they disclaim. Conversely, the legitimate exercise of a State’s repressive authority can easily result in regular obstruction of international jurisdiction, and even the refusal of the imperative law that governs it. Without any genuine recognition of international jurisdiction, such attitudes have undeniable serious consequences that far outreach the imagination. The only solution is cooperative and constructive behavior, free of opportunistic and selfish compromises of States. This behavior could protect against the current risk of the progressive erosion regarding shared punitive organization which States themselves implemented through the creation of the International Criminal Court. The result would guarantee the punishment of perpetrators of unbearable crimes
Hristev, Hristo. "Le développement de la construction européenne et l'affirmation d'une compétence communautaire en matière pénale." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0378.
Full textThe present thesis focuses on the assertion of Community competence in criminal matters. It aims not only to answer the question as to how the European integration process allows room for the recognition of a power of the European system in the field of criminal law, but also to shed light on the various aspects of the above-mentioned competence.The first part of the study revolves around the problem how the two essential factors leading to the recognition of a Community competence in criminal law brought about an effect of framing criminal sovereignty as towards the Member States of the European construction. This phenomenon manifests itself in two aspects. On the one hand, the principles of the application of European law alongside the functioning of the European integration system together play a very important role in limiting the sovereignty of the Member States in the field of criminal law. On the other hand, the important matter of using the set of legal tools of the European integration to combat cross-border criminality, resulted, despite the lack of common will to make explicit conferral of competence in the field of study, in the establishment of the Third Pillar as a specific European legal framework in criminal matters.It is the recognition of power of intervention of the European integration system in criminal law matters that is analysed in the second part of the present study. This recognition is conditioned by two main factors - the effective implementation of European integration law and the need to use the integration legal tools to combat cross-border criminality. It also made a constructive attempt to clarify the nature and the conditions of the exercise of the abovementioned competence. In this aspect, the two sources of the assertion of a Community competence in criminal matters and the precise legal expressions of this process are examined in the first place. Thus, the dialectical interconnection between the development of the European legal construction as a new form of public regulation and the recognition of the power of the European community to intervene in criminal matters is demonstrated. In a second step, the legal provisions of European competence in the field of criminal law according to the Treaty of Lisbon are analysed in depth. This shows the legal understanding of European competence in the field of criminal law and allows a positive conclusion on the originality of the European integration system as a federation of an unseen kind to be drawn. In this respect, the present study establishes that the assertion of a Community-based competence in the field of criminal law is an emanation of the peculiar nature of the European construction, a function of the deepening of the European project and of the consolidation of the integration system as a new form of public power
Frediani, Sophie. "Les juridictions pénales internationales et les États : étude du face à face." Bordeaux 4, 2004. http://www.theses.fr/2004BOR40044.
Full textBrach-Thiel, Delphine. "Conflits positifs et conflits négatifs en droit pénal international." Metz, 2000. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/2000/Thiel.Delphine.DMZ0003.pdf.
Full textGrebenyuk, Iryna. "Pour une reconstruction de la justice pénale internationale : réflexions autour d'une complémentarité élargie." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D066.
Full textAccording to the traditional understanding of the principle of complementarity, the Rome Statute gives the ICC a purely auxiliary function: it should intervene only if the national judicial system, which enjoys jurisdictional priority to prosecute international crimes, has failed. The thesis draws away from this unsatisfactory reading. It suggests expanding the definition of complementarity to base it on the concept of interaction and partnership between the international and the national legal orders. In doing so the thesis calls for a new distribution of international criminal cases that would be both legitimate and effective. It would be the foundation to rebuild international criminal justice. To this end, at the international level, the author recommends to establish the selective primacy of the ICC to prosecute senior state leaders who conceived and directed the criminal plan, whereas new dynamics of complementarity are suggested to judge the other perpetrators. It would involve the State in the proceedings conducted by the ICC, by dividing the stages of the trial (dissociation of the investigation/prosecution or judgment/sentencing). At the national level, the author recommends to strengthen two joint approaches. On the one hand, the restoration of social peace should be strengthened through truth commissions inspired by the restorative justice theory. On the other hand, the diversity of the mechanisms to fight impunity such as expeditious procedures (guilty pleas, traditional practices) and the use of hybrid courts should be fostered
Mégret, Frédéric. "L'articulation entre tribunaux pénaux internationaux et juridictions nationales : vers un nouveau partage des compétences judiciaires?" Paris 1, 2005. http://www.theses.fr/2005PA010305.
Full textÉkoué, Kangni. "La saisine de la cour pénale internationale." Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3016.
Full textThe referral to the International Criminal Court refers to all the opening mechanisms of the international criminal trial. It officially comes from the writ of summons which can be the fact of States parties in the Status, of the UN Security Council and the Prosecutor. The procedures undertaken following the Court referrals have for purpose to locate the individual criminal responsibility and to repress the massive violations of the human rights and the international humanitarian law. The assessment of the selective referrals allows to reveal the slowness of the current procedures. If this slowness has endogenous reasons, it is explained, in the exogenous plan, by the complex relationships that the jurisdiction maintains with States towards the principle of Complementarity. It is the same about the influence of the UN Security Council on the jurisdiction of the Court and the referrals processing. Moreover, because of the questionable performance of the obligation of cooperation by States, the ICC insures with difficulty the objective of the fight against the impunity for serious crimes. In any case, the development of the Court referral is dependent on an optimal application of the statutory disposals and a rebalance of relationships between States, Security Council and Court
Niquège, Sylvain. "Juge administratif et droit pénal." Pau, 2007. http://www.theses.fr/2007PAUU2012.
Full textRelationships between criminal law and administrative trial give various illustrations. Incompetence of the administrative judge to take cognizance of acts linked with criminal procedure is a classic example. Generally, the whole criminal case’s elements can be used by the parties or the judge during the administrative case. Criminal law also has an impact on the administrative trial. For instance, criminal administrative authorities have to respect individual guaranties attached to the criminal procedure. Could it be concluded to a growing influence of criminal law on administrative judge’s action, or even on administrative law? This idea, commonly evoked, corresponds to a conflictual and outdated way of grasping relationships between jurisdictions and their respective rules. Certainly, constraint’s mechanism, often accepted, partly rules these relationships. Nevertheless, other dynamics such as indifference, influence, and strategic use of criminal law’s resources also characterize them. Respect of criminal judge’s function does not prevent administrative judge from carrying his own one, sometimes by using criminal law. Rather than restricting administrative judge’s action field, criminal law appears as a real resource
Biguma, Nicolas F. "La reconnaissance conventionnelle de la compétence universelle des tribunaux internes à l'égard de certains crimes et délits." Paris 2, 1998. http://www.theses.fr/1998PA020090.
Full textThe present thesis deals with the principle of universal jurisdiction which is actually embodied in multilateral conventions which define international crimes. The universal jurisdiction is a principle of international law which attributes to every state the right to punish a person who has committed an international crime irrespective of his nationality and the nationality of the victim and the place where the crime has been committed. The principle of universal jurisdiction is based on the solidarity of states in combatting international crimes (such as piracy, genocide, war crimes, crimes against humanity, slave trade, terrorism, hostage taking, crimes against internationally protected persons, torture) which endanger their fundamental interests. It is exercised by the state on the territory of which the offender is arrested ("thejudex deprehensionis"). The "judex deprehensionis" is either obliged to extradite or to punish ("aut dedere, aut judicare") the offender if he refuses to extradite him to the states who are firstly interested in establishing their criminal jurisdiction. However, the practice of states shows that the "judex deprehensionis" refuses frequently to establish the universal jurisdiction when the conditions of its establishment are fulfilled. The failure of the "judex deprehensiows" to establish the universal jurisdiction has conducted the international community to set up an international criminal court (i. C. C. ) which should try the persons accused of committing serious international crimes such as genocide, war crimes, crimes against humanity and agression. The recent adoption of a statute creating an international criminal court at rome (july 17, 1998 ) does not however deprive the domestic courts to exercise their universal jurisdiction. The universal juridiction and the jurisdiction of the i. C. C. Remain complementary
Ashnan, Almoktar. "Le principe de complémentarité entre la cour pénale internationale et la juridiction pénale nationale." Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1004/document.
Full textThe purpose of this research is to analyse the principle of complementarity, to show the specific character of the notion and to study its implementation in the light of the practice of the International criminal court (ICC) in order to highlight the political and legal obstacles. In accordance with Article 1, the Court is complementary to national criminal jurisdictions for crime of genocide, crimes against humanity, war crimes, and crime of aggression. Under this principle, national jurisdictions have priority over ICC but the Court’s jurisdiction takes over when a State lacks the technical or legal means, which are necessary to try and punish the perpetrators of such crimes, or if a rigged trial took place. Therefore, complementarity aims to bring an end to impunity for those responsible for the most serious crimes of international concern. The Rome Statute, namely with the provisions of Article 17, indicates how to implement complementarity according to the criteria for admissibility which are inability, unwillingness and seriousness. Articles 18 and 19, for their part, provide the mechanism of preliminary ruling regarding admissibility and challenge. Furthermore, the role of the Security Council regarding complementarity is also considered as essential to understand the effectiveness and the legal impact of this Court. Powers which are conferred under the Rome Statute and chapter VII of the United Nations Charter allow the Security Council to refer a situation to the ICC, to suspend an ICC investigation, to require States to cooperate with the ICC, or to qualify a crime as aggression, and this despite the fact that the independence of the investigation and of the trial is the backbone of criminal justice ensuring it is efficient
Jadali, Safinaz. "Les États et la mise en oeuvre du principe de compétence universelle : vers une répression sans frontières ?" Université Robert Schuman (Strasbourg) (1971-2008), 2008. http://www.theses.fr/2008STR30006.
Full textTerritoriality, nationality and state's vital interests are traditional principles upon which a State may rely its criminal jurisdiction. Universal jurisdiction is the principal that every country has an interest in bringing to justice the perpetrators of grave crimes, no matter where the crime was committed, and regardless of the nationality of the perpetrators or their victim. The doctrin of universal jurisdiction asserts that some crimes are so heinous that their perpetrators should not escape justice by invoking sovereign immunity or sacrosanct natur of national frontiers. The universal jurisdiction is not new, though it's very concept is of recent vintage. Despite the numerous positive developments in national practice, significant limitations remain which hinder the exercise of universal jurisdiction. The limitations are not necessarily inherent in universal jurisdiction cases, and could be overcome with sufficient political will
Zanga, Anne-Sophie. "La France et le Canada face à la crise des Rohingyas : quand agir devient nécessaire au regard de la compétence limitée de la Cour pénale internationale." Master's thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/38636.
Full textBourgeois, Émmanuelle. "Contribution à l'étude du processus d'internationalisation du droit pénal français : l'exemple de la corruption." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40041.
Full textJoseph, Eloi. "L'appréhension du territoire penal par le Canada et la France." Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/34655.
Full textDoëns, Christine. "La recevabilité des actions devant la Cour pénale internationale." Thesis, Antilles-Guyane, 2011. http://www.theses.fr/2011AGUY0468.
Full textAdmissibility is the heart of the judicial process. It studies the criminalization of international life. It seems to account for the judicial response to the international resentment against the great criminal acts, whatever was the territory of commission.This thesis deals with the notion of admissibility before the ICC. With the creation of the ICC, International Criminal Justice is a new dimension. The practice of the Court is still new. The study is an excuse to investigate the operation of the ICC. States have tried to limit the ability to receive from the Court. They did so based on the principle of complementarity. It compensates the action or inaction of failing states, which have a duty to prosecute international crimes. Article 17 RS sets out exceptions to declare a case admissible before the ICC. Thus, the admissibility of a case which is the subject of an investigation will be accepted only, if it is shown that States did not intend genuinely to carry out prosecutions. And that furthermore, the threshold of gravity of a case is reached. The universal nature of the jurisdiction of the ICC is undermined by the conditions of admissibility. Analyzing the admissibility of competence as a condition rightly, for it is the failure of the state to ensure effective prosecution to justify that the case will be declared by the Court itself, admissible. The requirements for the Court to act, it is clear involvement of the system of admissibility as on the organization of the Court that its relationship with the United States. These are not insignificant. In fact, the system will evolve admissibility. It is characterized by its ability to influence the law. Thus, the decision to receive should encourage States to adapt their domestic law. The viability of the Court, in the long run depends on maintaining a synergy of cooperation with national courts of States Parties and other States. The system of admissibility tends to highlight indicators emerging in the practice of the International Criminal Court. This is especially striking realignment of the roles of international actors and the new relationship established between the States and the Court. The system of admissibility of the Court tends to erode the principle of state sovereignty, without itself being swept by the opposition of sovereign states
Viñuales, Jorge Enrique. "Le juge face aux crimes internationaux : enquête sur la légitimité judiciaire." Paris, Institut d'études politiques, 2008. http://www.theses.fr/2008IEPP0005.
Full textThe study explores the theoretical and historical sources of judicial legitimacy in the Western world. The starting point of the inquiry is provided by the current development of international criminal justice and, more specifically, the rise of the principle of universal jurisdiction. After an initial exploration of the delicate issues raised by universal jurisdiction with regard to judicial legitimacy, the author shows that, notwithstanding the myriad efforts to ground judicial legitimacy on popular sovereignty, the former cannot be utterly reduced to the latter. Universal jurisdiction thus provides a particular angle to observe the power of judges without succumbing to a democratic bias. What we see is a judiciary who benefits from a legitimacy of its own. Such legitimacy is not derived from the sovereign's, nor is it a mere portion of an indivisible sovereignty. Rather, it is a legitimacy on its own right, based upon a myth deeply rooted in Western cultures, according to which judicial pronouncements are vested with divine infaillibility. This would explain why judges are sought to decide issues that seems to be beyond human matters. Indeed, judicial legitimacy remains a powerful ressource irrespective of any link to popular sovereignty. This is why the judge can render justice over international crimes
Allafi, Mousa. "La cour pénale internationale et le conseil de sécurité : justice versus maintien de l'ordre." Thesis, Tours, 2013. http://www.theses.fr/2013TOUR1002/document.
Full textThe international criminal Court system (ICC) whose mission is to ensure international justice, is based on a close relationship with the security Council. So it is proper to wonder about the Council’s role in the functioning of international criminal justice. Such a questionning is fundamental, for the intervention of a political body into the functioning of a judicial body calls into question the missions of both institutions. The Council’s interference in the activity of the ICC, based on its mission of maintaining international peace, is actually carried out on behalf of an international order intended by the Council itself. This role affects the functioning, the independence and even the impartiality of the ICC. The powers the Rome Statute gives to the Council allow it to refer to the ICC, to impose for the States to cooperate with the Court, to suspend its activity or also to qualify an act as a crime of aggression. However the relations between the Council and the ICC should not be subordinated, but maintained in mutual respect. Thus there is a real concern regarding the observance of the Rome Statute by the Council. The study highlights the conflict between justice and politics and reveals the current issues in terms of international criminal justice
Tuttle, Liêm. "La justice pénale devant la Cour de Parlement, de Saint Louis à Charles IV (vers 1230-1328)." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020052.
Full textAs early as the reign of St. Louis, criminal justice represents a major part of the work of the Court of the King. Indeed, from the middle of the thirteenth century, while a true “State of law” is being developed, especially through its daily activities, the number of criminal cases risen before it increases steadily. Their settlement becomes soon an area where a specific judicial policy is adopted, of which it is necessary to determine the objectives, the means and the outcome. The judicial decisions taken by what is becoming the “Parliament”, tend to fall in line with the ideas of that time about the duties of the monarchy concerning the punishment of offenses and the maintaining of peace, while revealing that the judges are confronted on a regular basis to the difficulties posed by the composite character of the judiciary, and the entanglement of customs, privileges and personal laws. Applying justice consistently with the ideals of the monarchy makes it a necessity and a prerequisit to set a judicial and legal framework, respectful for acquired rights, but also binding for criminal judges of the kingdom. The sovereign court forces them to respect a number of principles, partly inherited from those it itself defines, in its own developing procedure, as the fundamentals of the criminal trial. The way to solve the disorder caused by the criminal act becomes essential: after defining the elements necessary for the attribution of a punishable offense, the court applies and enforces penalties that are always meticulously “arbitrated” accordingly to the damage and to the guilt. Thus, the prosecution of crimes, the settlement between judges in criminal matters, or between the judges and private persons are all privileged areas for the defense of “public good”: through those, the court makes sure that “crimes do not go unpunished”, even if room is always left for mercy, and will be dealt with through law, that is through a royal criminal law in accordance with “what justice recommends”
Altamimi, Mohammad. "La condition de la double incrimination en droit pénal international." Thesis, Poitiers, 2018. http://www.theses.fr/2018POIT3003/document.
Full textDouble criminality is a “classic” condition in international criminal law, which is found in normative instruments relating to international cooperation in criminal matters, as well as those relating to extraterritorial jurisdiction. In these two fields, the condition of double criminality is considered fulfilled when the conduct in question is punishable under the domestic law of both states (the requesting state and the requested state, or the prosecuting State and the State in which the act was committed). Moreover, the application of this condition continues to pose difficulties, not only in substance but also in procedure. The difficulties have driven the European states to call the condition into question, at least partially; even though a total removal of the condition in its current state is impossible
Chassang, Céline. "L’étranger et le droit pénal : étude sur la pertinence de la pénalisation." Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100162.
Full textCriminal law gives rise to distinctions between aliens and nationals, the former being subjected to specific criminalization. But the relevance of this criminalization may be questioned, considering the balance sought by criminal law between distinction and assimilation.First, the study demonstrates that the different distinctions provided by criminal law may be challenged. On one hand, criminalization that applies to every alien is not convenient since it appears non-essential – when criminal law overlaps already sufficient extra-criminal rules – and illegitimate – when criminal law uses foreign origin as selection criterion. On the other hand, specific criminalization applied to illegal aliens appears to be inadequate since, depending on the evolution of national administrative rules and European rules, it has no legal certainty and relative interest to restrict illegal immigration.Then, the analysis shows, through a movement of progressive assimilation of aliens to nationals, that criminal law can also lose interest in foreign origin. On one hand, this assimilation meets to a requirement of equality that one may observe not only in criminal lawsuits but also in matters of criminal immunities in favor of some aliens. On the other hand, this assimilation is based on broader fight against impunity of offenders as required by international criminal cooperation and recognized by the mechanism of universal jurisdiction
Bassel, Mohammad. "La responsabilité pénale internationale des chefs d’état pour les crimes les plus graves qui touchent la communauté internationale." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3017.
Full textThe status of the Head of State and governments, which was already no longer an insurmountable obstacle to prosecution since Nuremberg law, has emerged as a threatened bastion. The traditional principles of international law as the immunity of Heads of State, the protection of the representative function and state sovereignty allowed the rulers to escape criminal prosecution. International law, which is simply analyzed as an interstate law, has undergone profound changes. This right is no longer limited only to States: new topics as new emerging areas of competence (areas of competence or fields of jurisdiction). Individuals have taken an increasingly important role in the international law with the concerns of humanity to prevent atrocities which the world has already known on the occasion of various armed conflicts. The responsibility of the Head of State is therefore no longer a matter of a domestic order, but also an international one, with the emergence of a new branch of international law: international criminal law. New trends in the international criminal law, marked by the increasing demand for dealing with the most serious crimes, henceforth oppose to the classical conception of immunity that has prevailed for a long time in the international legal order, and aim at reducing the State cause. This movement starts from the idea according to which "we can no longer accept the idea of immunity when a crime is committed that undermines the very foundations of the international community and revolts the conscience of all mankind." This awareness of the incompatibility between immunities and human rights is developed through the evolution of the international protection of human rights in favor of "immunization" of the regime of immunities of rulers, State bodies responsible for serious violations of international Law. Despite some misgivings, the criminal responsibility of the Head of State is a reality that should be universally endorsed and supported
Gourdon, Sandrine. "L'entraide répressive entre les États de l'Union européenne." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40016.
Full textBaron, Elisa. "La coaction en droit pénal." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40049/document.
Full textIn criminal law, the co-perpetrator is classically presented as an individual who, acting jointly with another, gathers all the constitutive elements of the offence. However, one may harbor doubts concerning the relevance of this assertion since both case law and legal scholars denature its meaning.Actually, far from being limited to a mere juxtaposition of perpetrations, co-perpetration must be understood as a full mode of participation in the offence. Indeed, it appears as a form of imputation halfway between perpetration and complicity, from which it borrows some characteristics. In other words, it proves to be a mode of participation in one’s own offence. Above all, its particularism is provided by the interdependence between the co-perpetrators : because each of them joins forces with his alter ego, all are placed on an equal footing. These elements, which are found both in it’s concept and in it’s regime, demonstrate thereby the specificity of co-perpetration while strengthening the coherence of the different modes of criminal participation
Ndiaye, Yaram. "L'obligation de coopération dans le statut de Rome : analyse critique du respect des engagements internationaux devant la cour pénale internationale." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30063.
Full textFollowing the example of the jurisdictions which preceded her in the repression of the international crimes, the International Criminal Court needs the cooperation of States to exist. It is a condition of effectiveness of the action of the Court that is translated by the participation of States in the international criminal procedure and by the harmonization of the national legislations. But in spite of its assertion in the Status, States execute with difficulty the obligation of cooperation. These difficulties observe as long at the level of their participation in the procedure in front of the Court that in the exercise of the justice at the national level. Actually, for a respect for the international commitments in front of the Court, the institution has to surmount the obstacle of the national sovereignty. To reach the fixed objectives, she has to bring States to exceed the traditional criteria of skill in the penal domain and to keep silent about the resistances of states on the subject. It is only as such that she can be functional, by setting to States a more vast conception of the justice for which they made a commitment
Baldovini, Maud. "La classification académique du droit pénal, entre droit public et droit privé : sur un paradoxe de la science du droit." Caen, 2009. http://www.theses.fr/2009CAEN0087.
Full textFrench penal law has been handled as a part of private law since the split of the French law school curriculum in the late nineteenth century, separating private law and public law. The analysis of the current categorization demonstrates that penal law should be included in public law based on a thorough study of the instruction of legal theory in French law schools. The theoretical classification has been dismissed for a more convenient practical approach that includes penal law into private law. The French jurisdictional dualism, in which a judicial judge handles private law and an administrative judge handles public law, also fails to justify the assignment of penal law to private law, as the study of the judicial judge’s arguments reveal. This research will demonstrate that penal law has been listed as private law in a fear of altering a long-standing academic tradition, initiated back in the nineteenth century, when the instruction of the law focused on judicial practical knowledge only, denying the primary theoretical essence of the law
Donaud, Flora. "Les acteurs du procès civil en contrefaçon." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLV120.
Full textIn all trials, the civil lawsuit for counterfeiting is one of those which is on the increase because, beyond violate a monopoly, the counterfeiting also spills over into all sectors of our economy, ie employment, health, consumer safety or even investment. It’s by analyzing the role that players have in the civil lawsuit for imitation, we will study the specific feature of this case compared with the procedural law and we will consider a possible theory of civil trial for counterfeiting. The research lead to make, first of all, a thorough analysis of the burden of the parties in the civil lawsuit for imitation. The challenge is to highlight the particular impetus of the parties by identifying divergence factors or convergence about the subject. We have also to stress that the original auxiliary measures allow the parties to better prove or to anticipate the trial without break necessarily the procedural balance. Afterwards, we have to study the role of the judge in the civil lawsuit for counterfeiting. Indeed, after the parties have prepared and taken legal action, the judge has to "take over" the trial and it’s then necessary to examine its derogatory competence, which is sometimes concentrated, sometimes exploded in a conflict of jurisdictions, sometimes challenged by a "private" judge. Finally the subject leads to determine if the judge’s power, allocating damages for example, show the dual prism of intellectual property law wich overstep the private monopoly to belong to a wider collective dimension. These are the lines of thought leading to the building of a common procedural regime
Ventura, Daniel. "Le gel et la confiscation des avoirs de dirigeants d'Etat étrangers en droit international." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D067.
Full textThe implementation of asset freezing and asset confiscation of politically exposed persons is a contemporary phenomenon of international law. These measures represent the coercive side of the promotion of the rule of law, tackling the most symptomatic cause of its breakdowns - the distortion of the functions of State leaders' to their own profit or to conduct a state policy that violates the most elementary rules of international law. Together, these measures amount to a complex network of procedures whose validity may be justified but also contested, referring to international law. This phenomenon is framed by the rules which govern the jurisdiction of the States in which assets are stored and by the rules of immunity affecting its exercise. It also falls within the scope of international human rights law. The way by which international law may allow or restrict the power to implement these measures has significantly changed in recent years. The validity of this phenomenon with regards to international law remains unclear. These grey areas call for an analysis of the legal rules which could guarantee their legitimacy and effectiveness
Petit, Camille. "L’obligation de protéger du chef d’État : contribution à l’étude de la « responsabilité de protéger » en droit constitutionnel comparé et en droit international." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020036.
Full textThe political concept of the “responsibility to protect” was adopted in 2005 to prevent and p ut anend to criminal atrocities. The apparent consensus over its first pillar, the State’s obligation to protect its populations, has resulted in a lack of institutional analyses regarding its combined comparative constitutional and international aspects. Importantly, the State’s obligation rests in particular with the Head of State. The obligation to protect is common to all heads of state, but it also differentiates among them, depending on whether their obligation is State-oriented (with the aim to protect the State, even if that requires the suspension of the rule of law) or Rule-of-law oriented (with the aim to protect a liberal constitutional order while always subjecting political actionto the rule of law). The thesis begins with an analysis of the sources of law relating to the Head of State’s obligation to protect, as it was successively theorised, constitutionalised and internationalised. It then turns to the execution of this obligation, which derives from the Head of State’s prerogatives, the relevant immunities involved and available institutional review over his orher activities. The study of the sources reveals that the Head of State (at the interface between the domestic and the international legal orders) is bound by a specific obligation, which exceeds the confines of the obligations of either the State or the individual. This obligation is both negative and positive as it requires both not to commit crimes against the population, and to prevent and put an end to such crimes. Its international dimension supplements the missing parts in the Constitutions.The execution of this obligation, by the implementation of the Head of State’s prerogatives, is subject to an increasing political and judicial control. However, this control remains under construction due to a lack of systematic and institutionalized international political responsibility. The thesis concludes that the “responsibility to protect” could be usefully “individualized” and enriched by institutional supervision and judicial review of the Head of State’s obligation to protect
Fall, Astou. "Le traitement juridictionnel du crime de génocide et des crimes contre l'humanité commis au Rwanda." Thesis, Clermont-Ferrand 1, 2014. http://www.theses.fr/2014CLF10451.
Full textThe Tutsi genocide in Rwanda is singular in consider genocides of the XXth century. It is true by the number of victims, the speed and methods of implementation and, above all the number of the authors. These are more than one million Rwandan (Hutu) who participated directly in the massacres. Punishment of the massive crimes in a society in search of reconstruction, run into problems of group crime and individual responsibility. The scale and the speak of human tragedy needed specific treatment. Rwandan ordinary courts (replace by customary Courts called Gacaca), International Criminal Tribunal for Rwanda (created by United Nations Security Council) and lastly, national foreign jurisdictions are also begin simultaneously in application of the principle of universal jurisdiction. The interest of our scientific approach lies in the study of multilevel constitutionalism. This raises two obvious questions: What is the relevance of this justice model twenty years after the Rwandan tragedy? What has been the interim review of all the judgments handed down by the different jurisdictions?
Owona-Mfegue, Kourra-Félicité. "L'arrêt de la Cour Internationale de justice du 10 octobre 2002 relatif au différend frontalier Cameroun c. Nigéria : contribution à l'étude de l'exécution des décisions en matière territoriale." Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100110.
Full textThe implementation of international judicial decisions raises one of the questions, if not the fundamental one related to the authority of the decisions rendered by the highest Court of the United Nations. In fact the question is How to ensure effectively, the implementation of sentences whose legal authority is undeniable, but certainly and obviously depending of the (good) will of the States, in law and in fact. Usually two answers seem possible: spontaneous implementation or enforcement. However the experience of the implementation of the Judgment in Land and Maritime Boundary between Cameroon and Nigeria disregard this classic pattern. This is a preventive and early implementation by the parties and third parties, and then a delayed but effective implementation. It led to a probably unique approach in the settlement of judicial disputes. Indeed it is the first time that the UN (i. e ICJ which is the main judicial organ and the Secretary General) without delay for the foreseeable implementation’s difficulties to get involved under Article 94 § 2 of the Charter establishes an early and preventive diplomatic system of implementation. In the view of the ridiculous nature of possible sanctions for non-compliance, the diplomatic realism came to the rescue of the effectiveness of the res judicata. In this most sensitive field in implementing the judgments of the ICJ, the hypothesis in which the Court assigns a disputed territory to a state while another state occupies it in fact and of the hostility of the local populations to the change of the sovereign de facto, the merge between judicial procedure and negotiated procedure is effective. The implementation of this judgment is also original because of its sui generis mechanisms in implementing the decision such as the United Nations Joint Commission or the post-jurisdictional Agreement sponsored by the UN and witnesses States. There is no better example of the African contribution to the effectiveness of the decisions of the ICJ, as far as the peaceful settlement of international disputes is concerned
Casu, Gatien. "LE RENVOI PRÉALABLE. Essai sur l'unification préjudicielle de l'interprétation." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30078/document.
Full textDuring the last fifty years, the number of preliminary ruling mechanisms has multiplied. The movement first started with the preliminary ruling referral to the Court of Justice, which was soon followed by the preventive removal to the Court of Conflict. During the end of the eighties and in the early nineties, the movement reached confirmation through the creation of the possibility to ask its views to the State Council and to the Court of Cassation. It’s now getting faster and faster because of the recent creation of both the priority preliminary ruling on constitutionality, and the adoption, in front of the European Convention on Human Rights, of the protocol number fifteen, which introduces a system allowing the request for opinions in front of the eponymous Court. The research work invites to question about the causes of that singular devotion.The study proves that the use of the preliminary ruling procedure is nowadays endowed with a particular aim: that of ensuring the unification of the way legal texts are interpreted. Preliminary ruling mechanisms are the answer to a need, that of unifying the interpretation of the law, that need still remains unmet because of the decay of the hierarchical mechanisms which have been so far asked to manage it. As a matter of fact, both the acceleration of law time and the development of the supra-legality have collapsed these sediment mechanisms, which, just like Cassation, have to do with punishment.The same effect (the unification of the law), the same means (preliminary ruling technique), the same cause (the collapse of traditional mechanisms): there is no doubt about the link between all contemporary preliminary ruling mechanisms. They all reveal a new way of unifying interpretation which, like a tidal wave, becomes more and more powerful. It was becoming urgent to create a new legal tool which would be able to reveal this evolution, to create a new notion: pre-filing referrals. Pre-filing referrals is therefore said to be “any mechanism through which a supreme jurisdiction standardizes a text interpretation, after the referring of a law question which is raised in case of dispute”
Amaro, Rafael. "Le contentieux privé des pratiques anticoncurrentielles : Étude des contentieux privés autonome et complémentaire devant les juridictions judiciaires." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D014.
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Kardimis, Théofanis. "La chambre criminelle de la Cour de cassation face à l’article 6 de la Convention européenne des droits de l’homme : étude juridictionnelle comparée (France-Grèce)." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3004.
Full textThe first party of the study is dedicated to the invocation of the right to a fair trial intra and extra muros and, on this basis, it focuses on the direct applicability of Article 6 and the subsidiarity of the Convention and of the European Court of Human Rights. Because of the fact that the right to a fair trial is a ‘‘judge-made law’’, the study also focuses on the invocability of the judgments of the European Court and more precisely on the direct invocability of the European Court’s judgment finding that there has been a violation of the Convention and on the request for an interpretation in accordance with the European Court’s decisions. The possibility of reviewing the criminal judgment made in violation of the Convention has generated a new right of access to the Court of cassation which particularly concerns the violations of the right to a fair trial and is probably the most important step for the respect of the right to a fair trial after enabling the right of individual petition. As for the weak conventional basis of the authority of res interpretata (“autorité de la chose interprétée”), this fact explains why an indirect dialogue between the ECHR and the Court of cassation is possible but doesn’t affect the applicant’s right to request an interpretation in accordance with the Court’s decisions and the duty of the Court of cassation to explain why it has decided to depart from the (non-binding) precedent.The second party of the study is bigger than the first one and is dedicated to the guarantees of the proper administration of justice (Article 6§1), the presumption of innocence (Article 6§2), the rights which find their conventional basis on the Article 6§1 but their logical explanation to the presumption of innocence and the rights of defence (Article 6§3). More precisely, the second party of the study is analyzing the right to an independent and impartial tribunal established by law, the right to a hearing within a reasonable time, the principle of equality of arms, the right to adversarial proceedings, the right of the defence to the last word, the right to a public hearing and a public pronouncement of the judgement, the judge’s duty to state the reasons for his decision, the presumption of innocence, in both its procedural and personal dimensions, the accused’s right to lie, his right to remain silent, his right against self-incrimination, his right to be informed of the nature and the cause of the accusation and the potential re-characterisation of the facts, his right to have adequate time and facilities for the preparation of the defence, including in particular the access to the case-file and the free and confidential communication with his lawyer, his right to appear in person at the trial, his right to defend either in person or through legal assistance, his right to be represented by his counsel, his right to free legal aid if he hasn’t sufficient means to pay for legal assistance but the interests of justice so require, his right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him and his right to the free assistance of an interpreter and to the translation of the key documents. The analysis is based on the decisions of the European Court of Human Rights and focuses on the position taken by the French and the Greek Court of Cassation (Areopagus) on each one of the above mentioned rights
Dimuene, Paku Diasolwa Samuel. "L'exercice de la compétence universelle en droit pénal international comme alternative aux limites inhérentes dans le système de la Cour pénale internationale." Mémoire, 2008. http://www.archipel.uqam.ca/1503/1/M10601.pdf.
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