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Journal articles on the topic 'Governor's Council on Criminal Justice'
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1
Hrp, Maulana Muslim, Madiasa Ablisar, Marlina, and Edy Ikhsan. "PENERAPAN DIVERSI TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM MENURUT QANUN ACEH NOMOR 9 TAHUN 2008 TENTANG PEMBINAAN KEHIDUPAN ADAT DAN ADAT ISTIADAT DAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK." Jurnal Hukum Samudra Keadilan 16, no. 1 (June 21, 2021): 123–39. http://dx.doi.org/10.33059/jhsk.v16i1.3388.
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The background is by two law applications that apply in Aceh, the first law that generally applies in Indonesia and the second one that applies specifically in Aceh, the Law Number 11 of 2012 concerning the System Juvenile Criminal Court is a way out for better handling of children conflict with the law. The law regulates diversion where there are two important things that have a special place in the SPPA Law, namely restorative justice and diversion.
The results showed that the resolution of the problem of children conflict with the law in Aceh consists of two legal applications, starting with the mediation process according to Aceh Qanun Number 9 of 2008 concerning fostering customary life and customs Development with the aim that these problems can be resolved amicably according to the Decree Joint between the Governor of Aceh and the Aceh Regional Police and the Aceh Traditional Council No 189/677/2011 dated 20 December 2011 concerning the Implementation of the Gampong and Mukim Adat Courts, but if during the mediation process no agreement is found then proceed to the legal process according to the Law Number 11 of 2012 concerning the Criminal Justice System for Children.
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Cullen, Miriam. "Questioning the Criminal Justice Imperative." Global Governance 25, no. 2 (June 10, 2019): 327–50. http://dx.doi.org/10.1163/19426720-02502003.
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Abstract The Security Council’s structure as a small but powerful executive, combined with its primary responsibility for international peace and security, leads to a presumption against the application of ordinary standards of procedural fairness. At the same time, explicit provisions of the UN Charter and its own rules of procedure indicate that some balance was to be struck. This article questions whether the attainment of international criminal jurisdiction through Security Council decision-making really outweighs the need to ensure procedural integrity in every step of the process. It posits that a lack of procedural fairness in the Council’s methods of work at least undermines the justice imperative that the Council so espouses and at most violates an ancillary legal obligation.
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CRYER, ROBERT. "Sudan, Resolution 1593, and International Criminal Justice." Leiden Journal of International Law 19, no. 1 (March 2006): 195–222. http://dx.doi.org/10.1017/s0922156505003237.
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The UN Security Council has recently referred the situation in Darfur, Sudan, to the International Criminal Court. This has been hailed as a breakthrough in international criminal justice. However, aspects of the referral resolution can be criticized from the point of view of their consistency with both the Rome Statute and the UN Charter. The limitations of the referral with respect to whom the Court may investigate also raise issues with respect to the rule of law. In addition, Sudan has accused the Security Council of acting in a neo-colonial fashion by referring the situation in Darfur to the Court. This article investigates these criticisms against the background of the international system in which international criminal law operates, and concludes that although the referral cannot be considered neo-colonial in nature, the referral can be criticized as selective and as an incomplete reaction to the crisis in Darfur. The referral remains, however, a positive step.
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Solomon, Solon. "Broadening International Criminal Jurisdiction?" International Human Rights Law Review 4, no. 1 (June 11, 2015): 53–80. http://dx.doi.org/10.1163/22131035-00401006.
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The interests of justice are embedded in Article 53 (1) of the Rome Statute of the International Criminal Court (Rome Statute). They give the Prosecutor the right to decline to initiate an investigation or suspend a prosecution. In these cases, the interests of justice act as a basis for the Prosecutor to refrain from any action. This article argues that due to their non-positivist character, the interests of justice could serve as the platform also of prosecutorial action, acting as the legal vehicle for a broad interpretation of the Rome Statute in the name of justice. Nevertheless, such broad, interests of justice-instigated interpretation, cannot but have positivism as its outmost limit. The Rome Statute is an international criminal law instrument and international criminal law is governed by the legality principle, which narrows any hermeneutical endeavors. Along these lines, this article examines the nexus between the expansive interpretational interests of justice function and its limits by referring to cases where the International Criminal Court (icc) was called to endorse or not a broad interpretation of notions included in the Rome Statute. The article examines cases arising from situations referred to the icc by States and by the un Security Council.
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Olugbuo, Benson Chinedu. "The African Union, the United Nations Security Council and the Politicisation of International Justice in Africa." African Journal of Legal Studies 7, no. 3 (September 12, 2014): 351–79. http://dx.doi.org/10.1163/17087384-12342051.
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There are two questions with multiple answers regarding the relationship between Africa and the International Criminal Court. The first is whether the International Criminal Court is targeting Africa and the second is if politics plays any role in the decision to investigate and prosecute crimes within the jurisdiction of the International Criminal Court. For the African Union, the International Criminal Court has become a western court targeting weak African countries and ignoring the atrocities committed by big powers including permanent members of the United Nations Security Council. The accusation by the African Union against the International Criminal Court leads to the argument that the International Criminal Court is currently politised. This is a charge consistently denied by the prosecutor of the International Criminal Court. The aim of this paper is to discuss the relationship between the United Nations Security Council, the International Criminal Court and the African Union. It articulates the role of the three institutions in the fight against impunity and the maintenance of international peace and security with reference to the African continent. The paper argues that complementarity should be applied to regional organisations and that the relationship between the African Union and the International Criminal Court should be guided by the application of positive complementarity and a nuanced approach to the interests of justice. This offers the International Criminal Court and the African Union an opportunity to develop mutual trust and result-oriented strategies to confront the impunity on the continent. The paper further argues that the power of the United Nations Security Council to refer situations to the International Criminal Court and defer cases before the Court is a primary source of the disagreement between the prosecutor and the African Union and recommends a division of labour between the International Criminal Court and the United Nations Security Council.
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Gelb, Adam. "Research Illustrates Role of New Council on Criminal Justice as Center of Gravity for the Field." Federal Sentencing Reporter 32, no. 3 (February 1, 2020): 145–46. http://dx.doi.org/10.1525/fsr.2020.32.3.145.
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Launched in 2019, the nonpartisan Council on Criminal Justice (CCJ) is an invitational membership organization and think tank that serves as a center of gravity and incubator of policy and leadership for the criminal justice field. Its mission is to advance understanding of the criminal justice policy choices facing the nation and build consensus for solutions that enhance safety and justice for all. CCJ’s emergence reflects broad agreement across the ideological spectrum that the nation’s justice system is deeply flawed and requires equally deep reform. A quarter-century ago, crime was one of the most divisive issues in politics; today, people in Washington and in capitals of red and blue states alike are uniting behind solutions based on facts and evidence. That consensus and commitment to data-driven policymaking is the lifeblood of the Council, and it is embodied by the accomplished and diverse group of leaders and innovators who comprise its members, Directors and Trustees. Through research, task forces, convenings, and special projects, CCJ accelerates momentum for criminal justice reform and drives smart policymaking by generating achievable solutions that are factual, not just fashionable. The Council’s first projects include an ongoing series of papers analyzing the legacy and lessons of the 1994 Crime Bill, which was and remains the most far-reaching and controversial criminal justice legislation in the nation’s history. Also in its first year, CCJ produced a report documenting recent, surprising trends in racial disparities across correctional populations, marking a significant advance in the data and analysis surrounding this critical issue.
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Abdo, Muradu. "Comment: Ethiopia’s Ongoing Criminal Justice Reform: Modus Operandi, Methodology and Observations." Mizan Law Review 14, no. 2 (December 31, 2020): 341–56. http://dx.doi.org/10.4314/mlr.v14i2.6.
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This Comment relates to activities undertaken by the Criminal Justice Working Group (WG) under the auspices of the Legal and Justice Affairs Advisory Council (AC). It covers the period between 17 August 2018 and December 2020. The Comment highlights factors calling for reform of Ethiopia`s criminal justice, institutional arrangement for the ongoing legal and justice reform in Ethiopia and three principal tasks carried out by the WG. It also briefly forwards issues of concern and expression of gratitude.
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Orentlicher, Diane. "Building Victim-Led Coalitions to Press for Justice Following Mass Atrocity." Proceedings of the ASIL Annual Meeting 112 (2018): 23–26. http://dx.doi.org/10.1017/amp.2018.7.
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Assurances of victim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina. Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other evidence. (The same holds true for the International Criminal Tribunal for Rwanda, established by the UN Security Council in 1994; in the interests of brevity, my remarks will focus on the ICTY.)
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Fiselier, Jan, and Paul C. Vegter. "The Council for the Administration of Criminal Justice and Protection of Juveniles." European Journal on Criminal Policy and Research 12, no. 2 (November 21, 2006): 93–105. http://dx.doi.org/10.1007/s10610-006-9017-0.
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Stevanovic, Ivana. "Steps towards improving the system of records, collection and monitoring of data relevant to statistics within the system of juvenile justice in the Republic of Serbia." Temida 15, no. 3 (2012): 49–65. http://dx.doi.org/10.2298/tem1203049s.
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The paper emphasises the importance of ?good statistics of juvenile justice? as one of the basis for a clearer overview of the juvenile crime situation, in order to create unique policies at local and national levels for the suppression and prevention of this phenomenon, and to create appropriate areas for action in terms of improving the system reform. The author particularly gives a review of the ?Global Indicators in Juvenile Justice? which present the basic set of data and comparative tool that provides a basis for the assessment and evaluation of services and policies in the field of juvenile justice, and highlights the importance of compatibility of ?national indicators? with them. Particular attention in the paper has been devoted to the overview and analysis of the necessary measures to improve this field, that were prepared and delivered to the relevant ministries and institutions by the Council for Monitoring and Promoting the work of Bodies Engaged in Criminal Proceeding and Enforcement of Juvenile Criminal Sanctions Involving Juveniles - Juvenile Justice Council (hereinafter: the Council). It was pointed, first of all, at the suggestions made by the Council to the Ministry of Justice with the aim to improve the Program for automated record keeping, at the necessary changes of the Court rules, and certain amendments to Forms SK- 3 and SK- 4 of the Statistical Office of the Republic of Serbia were presented.
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Mykytyn, Yu I. "The Grounds Of European Criminal Procedure Policy In The Field Of Cyberjustice." Actual problems of improving of current legislation of Ukraine, no. 50 (June 11, 2019): 76–82. http://dx.doi.org/10.15330/apiclu.50.76-82.
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The grounds of the European criminal procedure policy in the field of cyberjustice are analyzed in the article. The principles, tasks, expected results of the implementation of the cyberjustice, the basic approach to its implementation have been researched.
The foundations of the European criminal procedure policy in the field of cyberjusticehave been introduced mainly in the acts of the European Council since 2011. Nowadays, the main source of European law in this field is the Guidelines on Cyberjustice of 14 June 2019, which are universal in nature, as they relate to various types of court proceedings, including criminal proceedings. Improving the quality of justice and taking an individual approach to the needs of the judiciary are key principles in building of cyberjustice. The main tasks, expected results of the implementation of cyberjustice, basic approaches to the implementation of the project have been definedat the model level.
In order to implement the identified principles and achieve the expected results, the Guidelines on Cyberjusticeidentify two possible approaches forcreation of cyber justice: 1) centralized approach. A single authority manages at the national level. Such body could be the Ministry of Justice or the State Judicial Administration in Ukraine; 2) decentralized approach. Courts, prosecutors’ offices possesstheir own data centers and use software and data on their own. At the same time, the information should be systematically transmitted to the appropriate central authority.
The article summarizes that 1) the foundations of European criminal justice policy in the field of cyber justice are enshrined, mainly, in Council of Europe acts since 2011; 2) Currently, the main source of European law in this area is the Guidelines on Cyber Justice of 14 June 2019, which are universal in nature as they relate to various types of justice, including criminal proceedings; 4) The key principles of cyber justice are to improve the quality of justice and to take an individual approach to the needs of the judiciary; 5) defines the main tasks, expected results of implementation of cyber justice, basic approaches to its implementation at the model level.
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Koch, Insa. "Moving beyond punitivism: Punishment, state failure and democracy at the margins." Punishment & Society 19, no. 2 (August 20, 2016): 203–20. http://dx.doi.org/10.1177/1462474516664506.
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Recent commentary on the punitive turn has focused on the repressive nature of criminal justice policy. Yet, on a marginalised council estate (social housing project) in England, residents appropriate the state in ways that do not always align with the law. What is more, where the state fails to provide residents with the protection they need, residents mobilise informal violence that is condemned by the state. An ethnographic analysis of personalised uses of criminal justice questions the state-centric assumptions of order that have informed recent narratives of the punitive turn. It also calls for a reassessment of the relationship between democratic politics and criminal justice by drawing attention to popular demands that are not captured by a focus on punishment alone.
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Fox, Hazel. "The Objections to Transfer of Criminal Jurisdiction to the UN Tribunal." International and Comparative Law Quarterly 46, no. 2 (April 1997): 434–42. http://dx.doi.org/10.1017/s0020589300060504.
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In a previous issue of this Quarterly Colin Warbrick gave an exposition of the British Order in Council (The United Nations (International Tribunal) (Former Yugoslavia) Order 1996) which implements Security Council Resolution 827. This note gives an alternative view of the scope and legality of that Order.Why. it may be said, should anyone want to raise objection to the Order in Council implementing Resolution 827 when it merely introduced a procedure which ensures war criminals (whether Serb, Croat, or Bosnian) seeking refuge in Britain are promptly handed over to face justice?The answer is that, whilst the immediate purpose of the Order in Council may be unobjectionable, the means by which it has been achieved are out of proportion to that purpose, and open the door to further unconsidered transfers of national powers.
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Iskadrenda, Gaza Carumna, and Anggita Mustika Dewi. "ANALYSIS OF NOTARY HONORARY COUNCIL CONSENT AS GROUNDS OF IMPUNITY (STRAFUITSLAUTINGSGRONDEN) AGAINST REVELATION OF SECRETS." Yustisia Jurnal Hukum 6, no. 3 (December 31, 2017): 570. http://dx.doi.org/10.20961/yustisia.v6i3.17012.
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<p><em>Article 66 paragraph (1) Act Number 2 of 2014 essentially regulates the consent of the Notary Honorary Council in the criminal justice process. The provisions in the a quo article have been still being applied and become a positive law in Indonesia. One of the criminal justice process in the notarial field relates to the criminal act of revelation of secrets as regulated in Article number 322 paragraph (1) of the Criminal Code. The consent given by the Notary Honorary Council as outlined above can certainly be viewed in the context of criminal law.</em></p><p><em><em>The research is a normative legal research using secondary data of both primary legal materials and secondary legal materials. The data collecting technique used is documentary study with written materials as the data collection tool to be analyzed qualitatively using content analysis.</em></em></p><p><em><em>The research result showed that in the context of criminal law, basically a notary who provides a copy of the deed and/or documents attached to the minuta deed or notarial protocol in the notarial archives for the purpose of the investigator, the public prosecutor or the judge has committed a criminal act of revelation of secrets as stipulated in Article number 322 paragraph (1) of the Criminal Code. However, the notary is not necessarily criminally liable considering the consent of the Notary Honorary Council as the grounds of impunity.</em></em></p><p><em><br /></em></p><p><em><strong><em>Keywords</em></strong><em>: Notary Honorary Council consent, grounds of impunity, criminal act of revelation of secrets.</em></em></p>
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MÉGRET, FRÉDÉRIC. "A Special Tribunal for Lebanon: The UN Security Council and the Emancipation of International Criminal Justice." Leiden Journal of International Law 21, no. 2 (June 2008): 485–512. http://dx.doi.org/10.1017/s0922156508005062.
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AbstractDiscussions on the creation of the Special Tribunal for Lebanon have focused on its impact on Lebanese sovereignty and, specifically, the fact that a Chapter VII resolution seems to bypass Lebanese democracy. Simply relying on the idea of a ‘breach of international peace and security’ to overcome these arguments is not helpful. It is more useful to locate the creation of the Tribunal within evolving international criminal justice practices. These practices are increasingly constraining the Security Council's own work rather than the contrary, as international criminal justice gradually emancipates itself from the confines of ‘international peace and security’ and becomes a logic unto itself.
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Sullo, Pietro. "Justice for Darfur: The icc and Domestic Justice Initiatives Eleven Years after the un Security Council Referral." International Criminal Law Review 16, no. 5 (October 12, 2016): 885–912. http://dx.doi.org/10.1163/15718123-01605002.
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This article provides a comprehensive overview of justice initiatives triggered by the International Criminal Court (icc) intervention in Sudan, assessing them in the light of the principle of complementarity against international fair trial standards. Particular attention is paid to the role that autochthonous justice initiatives might play to address the violence experienced in Darfur. The aim of this article hence includes providing an overview of the post-conflict justice scenario surrounding Sudan; discussing the rationale behind the adoption of the mechanisms established within this framework; and assessing the impact of the icc on the Sudanese justice system while simultaneously outlining possible strategies for the future.
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Kostkina, Yu. "Peculiarities of exercise by the High Council of Justice of powers of temporary suspension of judges from justice." Herald of criminal justice, no. 4 (2019): 115–22. http://dx.doi.org/10.17721/2413-5372.2019.4/115-122.
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Judicial reform was intended to strengthen the safeguards of judges and to ensure the independence of the judiciary as a whole. In order to achieve these goals, the legislature, in the framework of judicial reform, has reorganized the old High Council of Justice and created on its basis a new body. These changes were positively estimated not only by domestic scientists and practitioners, but also by the international community. The newly created body is authorized with a wide range of powers, designed to ensure the proper administration of justice, to protect judges and their independence, and to form a virtuous and highly professional corps of judges in Ukraine. Goal of article. In connection with the fact that the competence of the High Council of Justice, the successor to the judiciary, the specified group of powers did not included, arose the need for their research and determine the peculiarities of their implementation. In particular, the powers of the new High Council of Justice include the decision-making authority on temporary suspension of judges from justice in connection with criminal prosecution, during a qualification assessment, and in the order of disciplinary action. The author investigates the peculiarities of a temporary suspension of judges from justice in connection with criminal prosecution, and analyzes the Supreme Court's practice regarding the procedure for extending such temporary suspension. In addition, the article deals with the procedure for temporarily suspension of judges from justice for the period of qualification assessment of a judge, which is carried out by the Qualification Commission of Judges of Ukraine. Finally, the peculiarities of the legal regulation of the procedure for temporarily suspension of judges from justice, which is applied to a judge as a disciplinary sanction in the framework of disciplinary proceedings, are analyzed, deficiencies and gaps of the current legislative regulation are identified, and appropriate changes are proposed. Based on the needs of law enforcement activities, the author of the article The of substantiated the necessity of concretization of the obligation of a high Council of justice to determine the course of professional development, which must pass the judge during the suspension, That will ensure the delimitation of its powers with the competence of the High Qualifications Commission of judges.
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Hamilton, Kate. "The Role of Peacekeeping Operations in International Criminal Justice." Journal of International Peacekeeping 20, no. 3-4 (August 17, 2016): 342–62. http://dx.doi.org/10.1163/18754112-02003012.
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International justice is inextricably intertwined with peace. However, where the un Security Council has in the past referred situations to the International Criminal Court it has failed to provide follow-up support. Neither Libya nor Sudan have consented to the icc’s jurisdiction, and without its own police force the icc has faced enormous difficulty in conducting investigations and obtaining the accused. Despite being indicted by the icc, the Libyan authorities are refusing to hand over Saif Al-Islam Gaddafi, whom they have sentenced to death in a domestic trial, and despite repeated calls for his arrest, Sudanese President, Omar Al-Bashir is travelling around the world with impunity. This embarrassing deadlock has led to calls for un troops, already present on the ground in both Libya and Sudan, to intervene. This paper highlights the practical difficulties of such cooperation, looking at case studies of successful cooperation between the icc and peacekeeping missions in the drc, Cote D’Ivoire, and Mali, as well as the role of nato in the former Yugoslavia and contrasting these with the situations in Libya and Sudan. Ultimately, this paper suggests that to extend the mandates of the peacekeeping operations present in Libya and Sudan would compromise the missions, erasing impartiality, leading to a withdrawal of State consent, and requiring such excessive force as to constitute a threat to peace.
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Kulesza, Cezary, and Dariusz Kużelewski. "Victim-offender mediation as an alternative to the criminal justice system in Poland." Temida 21, no. 1 (2018): 3–22. http://dx.doi.org/10.2298/tem1801003k.
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The aim of the paper is to present the views of the doctrine on the mediation and the benefits it brings to the victim, the perpetrator and society. The paper analyses the significance of implementation of the European Parliament and Council Directive 2012/29. This document, devoted to victims? rights protection, has had significant impact on introducing restorative justice provisions into the Polish Code of Criminal Procedure of 1997. The paper discusses effectiveness of mediation in the Polish criminal procedure. It also examines statistical data collected from Polish courts regarding mediation. The conclusion is that mediation does not constitute a competitive institution towards the traditional judicial system which still remains the only ?supplier? of cases for mediation in criminal matters in Poland.
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Cullerton, John J., Peter G. Baroni, Daniel S. Mayerfeld, Ryan J. Rohlfsen, and Paul H. Tzur. "New Law Creates Sentencing Policy Advisory Council to Improve the Illinois Criminal Justice System." Federal Sentencing Reporter 22, no. 2 (December 1, 2009): 109–10. http://dx.doi.org/10.1525/fsr.2009.22.2.109.
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Kamchatov, K. V. "Directive of the European Parliament and of the Council of the European Union on the participation of victims of crime in criminal proceedings." Russian Journal of Legal Studies 2, no. 4 (December 15, 2015): 137–44. http://dx.doi.org/10.17816/rjls18089.
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The author, a systematic analysis of provisions of directives of the European Parliament and of the Council of the European Union, including the procedural arrangements for the participation of victims in criminal proceedings. On the basis of a comparison of the provisions of the directives, norms of Russian criminal procedural legislation and practice of its application are given suggestions about the directions of development of legal doctrine access of the victim to justice.
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Peers, Steve. "Eu Responses to Terrorism." International and Comparative Law Quarterly 52, no. 1 (January 2003): 227–43. http://dx.doi.org/10.1093/iclq/52.1.227.
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Following the last update in this Quarterly,1 the European Union (EU) has been quite active in agreeing new measures relating to cross-border policing and criminal law. First of all, the Tampere European Council meeting in October 1999 agreed a list of measures to be adopted to develop the EU's ‘Area of Freedom, Security and Justice’, particularly as regards criminal procedure. Here the European Council requested the Council to agree a work programme on mutual recognition in criminal matters within a year, and to establish an EU organisation facilitating cross-border prosecutions (Eurojust) within 2 years. Following agreement in the meantime on a Convention on Mutual Assistance in Criminal Matters after 5 years’ negotiations,2 the work programme was duly adopted in November 2000, setting out a list of twenty-four measures which the Council should agree in the medium-term to facilitate cross-border investigations, prosecutions, and enforcement of judgments.3 Several Member States then began to implement this plan, tabling two versions of a proposed Decision to set up Eurojust and also making proposals for ‘Framework Decisions’ to harmonise national laws as regards enforcement of other Member States’ orders to freeze assets and evidence and enforcement of judgments imposing financial penalties.4
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Reilly, Niamh. "Seeking gender justice in post-conflict transitions: towards a transformative women’s human rights approach." International Journal of Law in Context 3, no. 2 (June 2007): 155–72. http://dx.doi.org/10.1017/s1744552307002054.
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This article critically examines the prospects for achieving a comprehensive vision of gender justice in post-conflict transitional contexts. It is divided into three main sections. The first reviews the gendered limits of mainstream approaches to transitional justice and highlights gender biases in related dominant discourses, which shape how conflict, and transitions from conflict, are understood and enacted to the detriment of women. The second focuses on the benefits and limitations of engendering wartime criminal justice with particular reference to the International Criminal Court. The third considers the prospects for a more comprehensive approach to gender justice that shifts the emphasis from ‘women as victims’ of conflict to women as agents of transformation, through an examination of the significance of Security Council Resolution 1325. Ultimately, the author argues that achieving gender justice in transitions is inextricably tied to wider bottom-up efforts by women’s movements to realise a comprehensive vision of women’s human rights within a framework of critically-interpreted, universal, indivisible human rights.
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Levina, Polina. "Links Between Criminal Justice Procedure and Torture: Learning from Russia." New Criminal Law Review 16, no. 1 (January 1, 2013): 104–42. http://dx.doi.org/10.1525/nclr.2013.16.1.104.
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This article aims to establish the causes behind the sense of impunity that pervades the institutions of Russian law enforcement in the context of interrogations in pretrial detention. This sense of impunity is critical, for it creates a climate in which torture and other cruel, inhuman, or degrading treatment or punishment is used as a tool to expedite the investigative process and guarantee the success of the subsequent prosecution. This study argues that impunity for torture by law enforcement officials in Russia is fostered by three discernible factors. First, the Criminal Code inadequately articulates the prohibition of torture. Second, the Code of Criminal Procedure contains substantive shortcomings that create a structure that both incentivizes torture and discourages investigation into allegations of torture. And, third, allegations of ill treatment and torture that are raised during trial trigger no substantive investigative actions. The combined effect of these factors is that the state, in effect, fosters the law enforcement officers’ sense of impunity. This article analyzes these shortcomings through the lens of international human rights law, contributing to the ongoing scholarly inquiry into the relationship between European Court of Human Rights jurisprudence and the domestic law of states within the Council of Europe.
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Bílková, Veronika. "Divided We Stand? The AD HOC Tribunals and the CEE Region." AJIL Unbound 110 (2016): 240–44. http://dx.doi.org/10.1017/s2398772300009090.
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After WWII, countries of Central and Eastern Europe (CEE) actively backed the establishment of the military tribunals in Nuremberg and Tokyo. In the early 1990s, when the International Criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR) were created by the UN Security Council, the CEE countries again lent uniform, albeit largely rhetorical support to these institutions. A quarter of a century later, this uniformity seems to be gone. While the CEE countries continue to express belief in international criminal justice, they no longer agree with each other on whether this justice has actually been served by the ad hoctribunals. The diverging views on the achievements of the ICTY and ICTR might also partly account for the differences in the approach to the permanent International Criminal Court (ICC), though the grounds for these differences are more complex.
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Boryshansky, Joseph, Michael A. Asaro, James Benjamin, and Charles F. Connolly. "SEC’s authority to interpret the securities laws comes under fire in criminal enforcement." Journal of Investment Compliance 16, no. 2 (July 6, 2015): 41–43. http://dx.doi.org/10.1108/joic-04-2015-0027.
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Purpose – To examine a statement issued by Justice Antonin Scalia on November 10, 2014, concurrently with the Supreme Court ' s denial of certiorari in a criminal insider trading case, which raises profound questions about how the courts interpret the federal securities laws and the degree of deference they give to the Securities and Exchange Commission (SEC) in the context of criminal enforcement. Design/methodology/approach – The article discusses the points raised in the justice ' s statement and their potential implications for future securities enforcement cases. Findings – The statement suggests that the traditional deference courts accord the SEC under the landmark decision in Chevron USA Inc. v. Natural Resources Defense Council, Inc., 467 US 837 (1984) may be inappropriate and potentially inconsistent with the rule of lenity, which requires that ambiguous criminal laws be interpreted in a defendant ' s favor. Originality/value – Expert guidance from experienced securities lawyers.
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Brienen, Marion E. I., and Ernestine H. Hoegen. "Information Systems for Victims of Crime: Results of Comparative Research." International Review of Victimology 5, no. 2 (January 1998): 163–88. http://dx.doi.org/10.1177/026975809800500203.
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In 1994 Tilburg University in the Netherlands and the Dutch Ministry of Justice launched a four-year research project on the implementation of Recommendation R (85) 11 of the Council of Europe on the Position of the Victim in the Framework of Criminal Law and Procedure. Many of the guidelines encompassed by the Recommendation deal with information. In this article, which is based on interim results of the Dutch research, the focus is on the formal and actual implementation in several different countries of the guidelines concerning information that the criminal justice system should provide to the victim. Different information systems are compared and some of the problems encountered in practice are identified. Where possible, causes and solutions are suggested.
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Орлова, М. І. "THE QUESTION OF THE PROCEDURAL ORDER OF APPLICATION OF THE TEMPORARY SUSPENSION OF JUDGES FROM JUSTICE." Juridical science, no. 1(103) (February 19, 2020): 309–15. http://dx.doi.org/10.32844/2222-5374-2020-103-1.37.
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The temporary removal of a judge from the administration of justice is a relatively new measure to ensure criminal proceedings in criminal procedural law and is carried out by the High Council of Justice. At the same time, as evidenced by the practice of its implementation, there are certain issues that necessitate their study and discussion. Therefore, the procedure of temporary suspension of a judge from the administration of justice is characterized by features that are due to the special legal status of judges. It is the need to ensure the independence of judges that provides for a special procedure for their removal. At the same time, the temporary removal of a judge is a measure that involves the removal from justice of judges in respect of whom there are reasonable doubts about their suitability for office, high rank of judge, to confirm or deny the relevant information. This is necessary to maintain confidence in the judiciary as a whole. The purpose of the article is to study the procedural procedure for the application of temporary suspension of a judge from the administration of justice. The article examines the procedural procedure for the application of temporary suspension of a judge from the administration of justice. It is emphasized that the institution of temporary suspension of judges exists for the timely suspension of a judge. The peculiarities of the procedural order of application of temporary suspension of a judge from the administration of justice have been determined. It is concluded that based on the results of the consideration of the petition, the High Council of Justice may make the following decisions: on the temporary suspension of a judge from the administration of justice in connection with criminal prosecution or on the denial of such a petition. It was found that the suspension did not restrict access to the court premises, as well as to the materials of previously distributed cases. Therefore, if a judge is removed without a precautionary measure in the form of round-the-clock house arrest / detention, the court will continue to go to work. A judge may also continue to perform administrative functions as chairman of the court or judgespeaker. Continue lecturing at the School of Judges, or continue to take bribes.
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Celik, Mehmet. "Reforming Criminal Justice in the Ottoman Empire: Police, Courts and Prisons in Rusçuk, 1839-1864." American Journal of Legal History 60, no. 2 (May 28, 2020): 109–36. http://dx.doi.org/10.1093/ajlh/njaa004.
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Abstract This case study explores the experimentation phase of the Ottoman Tanzimat reforms on the criminal justice system in the city of Rusçuk from 1839-64. In particular, it investigates crime and punishment by focusing on police, courts, and prisons and how these institutions responded to reform efforts in Rusçuk, which became the capital of the Danube Province in 1864. It shows that the Ottoman government established new police forces (zaptiye) and modernised prisons in the city in 1846 immediately after their introduction in the imperial capital of Istanbul. At the same time, the government bestowed extensive judicial authority on the meclis-i kebir (a secular administrative council in the provinces), and to a lesser extent on the meclis-i muvakkat (temporary council), over criminal cases. While the Sharia courts continued to enforce Islamic criminal law, the meclis-i kebir took charge of enforcing the new penal codes of 1840, 1851, and 1858, and served as a precursor first to the secular courts of the 1864 Provincial Reform and then to the more centralised and standardised nizamiye courts of the 1870s. This study also analyses the types and frequency of crimes and the penalties they received. Based on Rusçuk’s prison registers, which contain the cases tried by the meclis-i kebir and meclis-i muvakkat, and the records of the meclis-i vala (Supreme Court) in Istanbul, it argues that the crime rate in Rusçuk was much higher than the one represented in the Sharia court’s records.
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Fontes, Márcio Schiefler. "JUDICIARY REFORM IN BRAZIL AND THE NATIONAL COUNCIL OF JUSTICE: IMPROVING COMMUNITY INVOLVEMENT IN OFFENDER TREATMENT." PANORAMA OF BRAZILIAN LAW 2, no. 2 (May 26, 2018): 69–90. http://dx.doi.org/10.17768/pbl.v2i2.34384.
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This paper intends to provide an overview of the Brazilian judicial system, its recent reform, and how the National Council of Justice (whose creation was the major goal of that reform) started to address the issues of improving the efficiency of criminal justice and increasing the use of alternatives to detention and imprisonment. The concept behind applying and enforcing convictions aims to remove the convict from society, to avoid further harm, allowing the prisoner to return to society after they have reabsorbed social values. The current challenge facing prison systems is to foster effective methods of rehabilitating and reintegrating these people into society, so that they are capable of living in society when they have finished their sentences. Community involvement in offender treatment is a current worldwide trend that has found the desirable echo in important initiatives championed by the National Council of Justice.
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Fontes, Márcio Schiefler. "JUDICIARY REFORM IN BRAZIL AND THE NATIONAL COUNCIL OF JUSTICE: IMPROVING COMMUNITY INVOLVEMENT IN OFFENDER TREATMENT." PANORAMA OF BRAZILIAN LAW 2, no. 2 (May 26, 2018): 69–90. http://dx.doi.org/10.17768/pbl.v2i2.p69-90.
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This paper intends to provide an overview of the Brazilian judicial system, its recent reform, and how the National Council of Justice (whose creation was the major goal of that reform) started to address the issues of improving the efficiency of criminal justice and increasing the use of alternatives to detention and imprisonment. The concept behind applying and enforcing convictions aims to remove the convict from society, to avoid further harm, allowing the prisoner to return to society after they have reabsorbed social values. The current challenge facing prison systems is to foster effective methods of rehabilitating and reintegrating these people into society, so that they are capable of living in society when they have finished their sentences. Community involvement in offender treatment is a current worldwide trend that has found the desirable echo in important initiatives championed by the National Council of Justice.
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Fontes, Márcio Schiefler. "JUDICIARY REFORM IN BRAZIL AND THE NATIONAL COUNCIL OF JUSTICE: IMPROVING COMMUNITY INVOLVEMENT IN OFFENDER TREATMENT." PANORAMA OF BRAZILIAN LAW 2, no. 2 (October 8, 2014): 69–90. http://dx.doi.org/10.17768/pbl.y2.n2.p69-90.
Full textAbstract:
This paper intends to provide an overview of the Brazilian judicial system, its recent reform, and how the National Council of Justice (whose creation was the major goal of that reform) started to address the issues of improving the efficiency of criminal justice and increasing the use of alternatives to detention and imprisonment. The concept behind applying and enforcing convictions aims to remove the convict from society, to avoid further harm, allowing the prisoner to return to society after they have reabsorbed social values. The current challenge facing prison systems is to foster effective methods of rehabilitating and reintegrating these people into society, so that they are capable of living in society when they have finished their sentences. Community involvement in offender treatment is a current worldwide trend that has found the desirable echo in important initiatives championed by the National Council of Justice.
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Fontes, Márcio Schiefler. "JUDICIARY REFORM IN BRAZIL AND THE NATIONAL COUNCIL OF JUSTICE: IMPROVING COMMUNITY INVOLVEMENT IN OFFENDER TREATMENT." PANORAMA OF BRAZILIAN LAW 2, no. 2 (May 26, 2018): 69–90. http://dx.doi.org/10.17768/pbl.y2n2.p69-90.
Full textAbstract:
This paper intends to provide an overview of the Brazilian judicial system, its recent reform, and how the National Council of Justice (whose creation was the major goal of that reform) started to address the issues of improving the efficiency of criminal justice and increasing the use of alternatives to detention and imprisonment. The concept behind applying and enforcing convictions aims to remove the convict from society, to avoid further harm, allowing the prisoner to return to society after they have reabsorbed social values. The current challenge facing prison systems is to foster effective methods of rehabilitating and reintegrating these people into society, so that they are capable of living in society when they have finished their sentences. Community involvement in offender treatment is a current worldwide trend that has found the desirable echo in important initiatives championed by the National Council of Justice.
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Warbrick, Colin, Dominic McGoldrick, Mark Mackarel, and Susan Nash. "I. Extradition and the European Union." International and Comparative Law Quarterly 46, no. 4 (October 1997): 948–57. http://dx.doi.org/10.1017/s0020589300061297.
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To assist effective legal co-operation in combating criminal activity, the Justice and Home Affairs Council of the European Union has recently concluded two new conventions to simplify and improve extradition procedures between member States of the European Union. In doing so, the Council set in motion a process whereby existing arrangements for extradition were examined with a view to making them more flexible. In 1995 the Council recommended that the convention on simplified extradition be adopted in order to fulfil the aim of efficiency in the field of criminal justice. Its aim was to speed up extradition in cases where persons consented to be extradited. However, after further discussion concerning other aspects of extradition the Council eventually recommended that member States adopt far more radical procedures. The 1996 convention relating to “involuntary” extradition between member States appears to bypass several procedures designed to offer a degree of protection for the fugitive offender. Traditionally, extradition procedures have sought to offer a balance between judicial co-operation in the fight against crime and protecting the fundamental rights of the individual, and these concerns are acknowledged within the preambles to both the new EU conventions. However, the new conventions make several alterations to what can be regarded as established extradition procedures. In this article we examine these new procedures and consider whether the balance has shifted too far in favour of law enforcement at the expense of fundamental legal protections.
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Ayeni, Victor O., and Matthew A. Olong. "Opportunities and Challenges to the UN Security Council Referral under the Rome Statute of the International Criminal Court." African Journal of International and Comparative Law 25, no. 2 (May 2017): 239–60. http://dx.doi.org/10.3366/ajicl.2017.0193.
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The establishment of the International Criminal Court (ICC) is an extraordinary phenomenon, and perhaps the most important institutional innovation since the founding of the United Nations (UN). The Court has opened up new hopes, raised new challenges and heralded new dispensation in the administration of international criminal justice. To date, the Court has been seized of only seven situations all of which originate from Africa. Five of the seven situations were voluntarily referred to the ICC by African states themselves. The remaining two (Sudan and Libya) are UN Security Council referrals. There is no doubt that Security Council referral is at the heart of the ICC trigger mechanisms. It ensures respect for the ICC and prevents unnecessary proliferation of ad hoc tribunals. The greatest advantage of the Security Council referral is its imperativeness and binding effect on the ICC's states parties and non-states parties alike. This article examines the prospects and challenges of the Security Council referral mechanism within the ICC framework. The article argues that while the Security Council referral mechanism offers so much hope and opportunity in the global fight against impunity, its abuse portends grave danger to the very existence of the ICC.
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Famaldika, M. Reza Sudarji, Rodliyah Rodliyah, and M. Natsir. "Judicial Review of PPAT Calls According to the Criminal Justice System." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (July 24, 2019): 885. http://dx.doi.org/10.18415/ijmmu.v6i3.896.
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The purpose of this research is to know, understand, and analyze the calling of PPAT according to criminal justice system related to protection aspect and form of legal responsibility.This research method uses normative law research type. Normative legal research is a legal research that lays law as a norm system building. The norm system is about principles, norms, and rules, rules of law, court decisions, agreements and doctrines (teachings). Using the approach method: Statutory Approach, Case Approach, and Conceptual Approach. Normative procedure research results in the calling of PPAT as a witness or suspect are imposed by Article 112 of the Criminal Procedure Code while the seizure of the original deed of PPAT (minuta) and warkah can only be done with the special permission of the Chairman of the local District Court under the provisions of Article 43 of the Book Invite Criminal Procedure Law. PPAT as a Public Officer in carrying out his / her position should have special legal protection to keep the honor and dignity of his / her position including when giving testimony and information in examination and trial. Notary and PPAT positions have similarity in carrying out its duty of making an authentic deed based on the wishes of the parties. The calling of a notary in the criminal justice system has a provision which must be followed as the provisions of Article 66 Paragraph (1) of the Law on Notary Call for the interest of the criminal proceeding process shall obtain the approval of the Notary Public Council while the invitation to the PPAT office shall have the legal provisions in general not having legal protection set specifically.
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Lassée, Isabelle. "The Sri Lankan Office on Missing Persons: Truth and justice in tandem?" International Review of the Red Cross 99, no. 905 (August 2017): 619–39. http://dx.doi.org/10.1017/s1816383118000504.
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AbstractIn October 2015, by co-sponsoring United Nations Human Rights Council Resolution 30/1 entitled “Promoting Reconciliation, Accountability and Human Rights in Sri Lanka”, the Sri Lankan government formally committed to embarking on a transitional justice process following three decades of armed conflict. Several thousand people allegedly disappeared during this period, often in connection with the armed conflict or as a result of internal disturbances. It is in this context that the Office on Missing Persons (OMP) was operationalized in 2018. This article discusses the nature of tracing investigations into the fate and whereabouts of missing persons of the type to be carried out by the OMP. It argues that these investigations, while ostensibly pursuing a humanitarian approach, cannot be artificially and hermetically separated from criminal justice processes. Further, it seeks to demonstrate that an integrated approach whereby strong linkages with criminal processes are provided for and encouraged best serves the interests of truth and justice.
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Lentner, Gabriel M. "The Role of the UN Security Council vis-à-vis the International Criminal Court – Resolution 1970 (2011) and its Challenges to International Criminal Justice." International and Comparative Law Review 14, no. 2 (December 1, 2014): 7–23. http://dx.doi.org/10.1515/iclr-2016-0048.
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Abstract On February 26 2011, the UN Security Council unanimously adopted Resolution 1970 referring the situation concerning Libya to the International Criminal Court (ICC). Th is unprecedented support for and acknowledgment of the ICC did not come without a price: conditio sine qua non for Council members not party to the ICC was the inclusion of operative § 6 into the resolution, which exempts certain categories of nationals of non-parties from ICC jurisdiction. Th e same highly controversial exemption was included in the Security Council’s referral of the situation in Darfur to the ICC in 2005. Deviating from the Rome Statute’s jurisdiction regime such practice not just poses challenges to principles of international criminal justice but raises the question whether the Rome Statute is altered by the resolution containing the referral to the effect that the ICC is being bound to the exemptions contained in its exercise of jurisdiction. Addressing these issues, the present paper elaborates firstly on the jurisdictional exemption of § 6 and its effect on the ICC, followed by a discussion of resulting challenges to the principle of legality, the principle of universal jurisdiction for international crimes, the equality of individuals before the law and the principle of independence of the court.
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Phillips, Jim, and Bradley Miller. "“Too Many Courts and Too Much Law”: The Politics of Judicial Reform in Nova Scotia, 1830–1841." Law and History Review 30, no. 1 (February 2012): 89–133. http://dx.doi.org/10.1017/s0738248011000605.
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The 1830s was Nova Scotia's “Age of Reform.” Although historians have documented the growing tensions between elected Assembly and appointed lieutenant governor and Council, the concomitant attacks on the established economic elite, and the rise of a distinct party in colonial politics, little attention has been paid to the role played by the colony's courts and judges in this crucial decade. This lacuna is surprising, because reformers were convinced that the judges of the Nova Scotia Supreme Court (NSSC) were bulwarks of the old order and barriers to progress, and as their movement gained influence in the 1830s it brought the judges and the court system to the fore. This period saw numerous proposals for reform to the colony's laws and legal system, some effected and others not. Here we examine those aspects of the reform platform that were most hotly contested precisely because they exemplified the ways in which controversies about the legal system both reflected and exacerbated broader political and social change. The most important issues were judicial fees and the role of the chief justice as head of the Tory-dominated lieutenant governor's Council. We also examine two other matters in which the judicial system was directly linked to reformers' general demands for a system of government more responsive to the needs of ordinary Nova Scotians: judicial salaries and the role of the lower civil courts.
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Lentner, Gabriel M. "The Lasting Legacy of Double Standards: The International Criminal Court and the UN Security Council Referral Mechanism." International Criminal Law Review 20, no. 2 (April 23, 2020): 251–84. http://dx.doi.org/10.1163/15718123-02002005.
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Common narratives in international criminal law give the impression that the arc of international criminal law is long but bends towards justice. In this article, I wish to challenge this and show that we actually see more of the same. I adopt a consequentialist approach for analysing these issues: what are the real outcomes of the structural changes that happened via the involvement of the UN Security Council (unsc) and are they driven more by power or principle? Through case studies of the two existing referrals of the situations of Darfur and Libya I challenge the progress narrative often implied in international criminal law discourse. I show that through the institutional structure and limitations in practice, the unsc referral mechanism operates as a continuation of double standards by other means and that power influences accountability much more than principle even without direct unsc intervention.
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Mallett, Sean J. "Judicial Discretion in Sentencing: A Justice System that is No Longer Just?" Victoria University of Wellington Law Review 46, no. 2 (August 1, 2015): 533. http://dx.doi.org/10.26686/vuwlr.v46i2.4917.
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One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand, there is in fact substantial regional disparity in the penalty imposed on similarly situated offenders. The situation is unacceptable, and undermines the integrity of the criminal justice system. This article will explore three different mechanisms for guiding judicial discretion in the pursuit of sentencing consistency. It will undertake an analysis of mandatory sentences and the "instinctive synthesis" approach, both of which will be shown to be unsatisfactory. Instead, the article will argue that the establishment of a Sentencing Council with a mandate to draft presumptively binding guidelines is the most appropriate way forward for New Zealand. This option finds the correct equilibrium between giving a judge sufficient discretion to tailor a sentence that is appropriate in the circumstances of the individual case, yet limiting discretion enough to achieve consistency between cases.
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Tiemessen, Alana. "The International Criminal Court and the lawfare of judicial intervention." International Relations 30, no. 4 (July 27, 2016): 409–31. http://dx.doi.org/10.1177/0047117815601201.
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The contentious concept of ‘lawfare’ has proliferated to various foreign policy areas and permeated a discourse on the function and legitimacy of law in conflict. The concept seems particularly apt to the International Criminal Court’s (ICC) judicial interventions. In this context, I define lawfare as the coercive and strategic element of international criminal justice in which the ICC’s judicial interventions are used as a tool of lawfare for States Parties and the United Nations Security Council to pursue political ends. I argue that there are two types of political ends being pursued with this lawfare: conflict resolution and politicized prosecutions. First, the ICC’s spokespersons, advocates, and supporting states have cultivated a discourse that justice is a means to peace. As a result, the ICC has been used as a means of intervention in ongoing conflicts with the expectation that the indictments, arrests, and trials of elite perpetrators have deterrence and preventive effects for atrocity crimes. Despite these legitimate intentions and great expectations, there is little evidence of the efficacy of justice as a means to peace. Second, the other manifestation of lawfare represents an abuse or manipulation of the ICC for political gain. Specifically, States Parties have strategically referred their conflict situations to the ICC with the expectation that the referral will result in the removal of their rivals and sanction the impunity of ruling elites. This politicization of international justice has been successful in that most of the ICC’s prosecutions are unjustly one sided. Evidence of politicized prosecutions has damaged the ICC’s credibility as an impartial institution and raises questions about the desirability of state referrals. Consequently, the ICC’s efficacy and credibility are suffering from lawfare.
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Prowancki, Maciej, Michał Kaczmarczyk, and Kazimierz Marszał. "COMMENCING A PRIVATE PROSECUTION AND THE GROUNDS FOR DISMISSING A LAY JUDGE FROM HIS FUNCTION." Roczniki Administracji i Prawa 4, no. XX (December 30, 2020): 129–43. http://dx.doi.org/10.5604/01.3001.0014.8425.
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The institution of the participation of the social factor in the justice in Poland has a long and well-established tradition. In accordance with Art. 4 of the Law on the System of Common Courts, citizens take part in administering justice through the participation of lay judges in hearing cases before courts in the first instance. The jurors are elected by the borough councils for a four-year term. Dismissal of a lay judge before the end of his term of office is possible in the cases enumerated in the Act. This article attempts to analyse the issue of the impact of the circumstances of instituting private indictment against a lay judge on the possibility of dismissing a lay judge from his function at the request of the president of the court. The article presents the following problems and issues: is the initiation of a general criminal procedure against a lay judge for an offense prosecuted on a private indictment basis for the dismissal of a lay judge by the municipal council?; Does instituting criminal proceedings against a person for an offense prosecuted by private indictment prevent that person from standing for the post of a common court lay judge? Is a person running for the post of a common court lay judge obliged to disclose in the course of the procedure of electing lay judges (before being elected by the borough council) that there are private criminal proceedings against that person? The findings made by the authors lead to the conclusion that in the event of instituting private criminal proceedings against a lay judge, the provision of Art. 166 § 2 point 3 of the Act on the System of Common Courts does not apply, and the fact of prosecuting a lay judge as a result of bringing a private indictment to a court should not constitute the basis for a motion by the president of the court to the municipal council to dismiss a lay judge from his function.
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Ohlin, Jens David. "Applying the Death Penalty to Crimes of Genocide." American Journal of International Law 99, no. 4 (October 2005): 747–77. http://dx.doi.org/10.2307/3396668.
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After the Rwandan genocide of 1994, the United Nations Security Council moved quickly to establish an international tribunal to indict the architects of the slaughter. Whether motivated by a sincere desire for international justice or a self-serving desire to assuage international guilt for the lack of significant military intervention, one thing is clear: the Security Council began a program that, when coupled with its establishment of the International Criminal Tribunal for the Former Yugoslavia, represented the most significant return to international criminal justice since the Allied prosecution of German war criminals at Nuremberg. But so much had changed since 1951. Whereas the Nuremberg Tribunal imposed death sentences for the most culpable instigators of the Holocaust, there would be no death sentences for the architects of the Hutu genocidal campaign against the Tutsi. Over the course of forty years, there was a sea shift in attitudes about the legality of the death penalty. When the Allies announced their decision to apply the death penalty at Nuremberg, few objected or suggested that executions would violate international human rights law. Indeed, Churchill was initially suspicious of the plan for a war crimes tribunal, having assumed that what remained of the Nazi leadership would simply be executed on the battlefield. As the proceedings unfolded, there were isolated calls for leniency and clemency, and even complaints of victors’ justice, but certainly no suggestion that executions violated international law as such.
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KLÁTIK, JAROSLAV, and LIBOR KLIMEK. "IMPLEMENTATION OF ELECTRONIC MONITORING OF SENTENCED PERSONS IN THE SLOVAK REPUBLIC." Sociopolitical sciences 10, no. 5 (October 30, 2020): 59–75. http://dx.doi.org/10.33693/2223-0092-2020-10-5-59-75.
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The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.
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Clark, Roger S. "Rethinking Aggression as a Crime and Formulating Its Elements: The Final Work-Product of the Preparatory Commission for the International Criminal Court." Leiden Journal of International Law 15, no. 4 (December 2002): 859–90. http://dx.doi.org/10.1017/s0922156502000389.
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The crime of aggression will be included within the jurisdiction of the International Criminal Court once agreement is reached on its definition and the conditions for exercising jurisdiction. The author discusses the ultimately unsuccessful efforts of the now concluded Preparatory Commission for the Court to complete the drafting. He suggests how the mental and material elements of the offense might be structured consistently with other offenses in the Statute of the Court. Probably the biggest intellectual hurdle is that of “conditions.” A number of states, notably the Permanent Members of the Security Council, insist that there must be a predetermination of an act of aggression by a state made by the Security Council. Others believe that the predetermination can be made by the General Assembly or the International Court of Justice. Yet others claim that all decisions must be made by the International Criminal Court. The political choice between these positions has still to be made.
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Flynn, Asher. "Sentence Indications for Indictable Offences: Increasing Court Efficiency at the Expense of Justice? A Response to the Victorian Legislation." Australian & New Zealand Journal of Criminology 42, no. 2 (August 2009): 244–68. http://dx.doi.org/10.1375/acri.42.2.244.
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In September 2007, the Victorian Sentencing Advisory Council released a report (2007c) recommending the introduction of sentence indications for indictable offences in Victoria's intermediate court. In response, on July 1, 2008, a legislated sentence indication process was implemented into Victoria's intermediate and Supreme Courts in s 23A of the Crimes (Criminal Trials) Act 1999 (Vic). This process is now governed by s 208-s 209 of the Criminal Procedure Act 2009 (Vic). Drawing upon national and international commentary and experiences with sentence indications, this article examines the potential benefits and disadvantages of the Victorian legislation, including its limited capacity to attract early guilty pleas and its potentially negative impact on victims and defendants. This article contends that the desire for court efficiency has led to the implementation of reforms across criminal justice systems that, while seeking to apply the benefits of reduced delays and early guilty pleas, ultimately prioritise efficiency gains above the interests of the public, victims and defendants. The Victorian Sentencing Advisory Council's proposal (2007c) and the subsequent provisions introducing an indictable indication scheme in s 208-s 209 of the Criminal Procedure Act 2009 (Vic), are used to inform this argument.
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Esoimeme, Ehi Eric. "A critical analysis of the anti-corruption policy of the federal executive council of Nigeria." Journal of Money Laundering Control 22, no. 2 (May 7, 2019): 176–87. http://dx.doi.org/10.1108/jmlc-06-2017-0021.
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Purpose This paper aims to examine the anti-corruption policy of the Federal Executive Council of Nigeria, to determine whether the policy is working and/or has produced unintended effects. The Federal Executive Council is the body comprising all the Ministers of the Federation, including the President and Vice President. Design/methodology/approach The analysis took the form of a desk study, which analysed various documents and reports such as the Transparency International Corruption Perceptions Index, 2008-2016, the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Economic and Financial Crimes Commission (Establishment) Act, 2004, the Administration of Criminal Justice Act, 2015, the UK’s Investigatory Powers Act, 2016, the Public Interest Disclosure and Witness Protection Bill, 2017 and the Financial Action Task Force Recommendations, 2012. Findings This paper determined that the anti-corruption policy of the Federal Executive Council of Nigeria could achieve its desired objectives if the following recommendations are implemented: research grants which are sent to Nigerian universities by international and corporate bodies should be exempted from the current treasury single account arrangement. This would enable universities to easily access the funds and disburse the same to qualified students. The Federal Government should follow the guidelines laid down in Section 270 of the Administration of Criminal Justice Act, 2015 for plea agreements. In other words, the prosecution should only offer a plea bargain to a person who has been charged with an offence. The prosecution should not receive and consider a plea bargain from a person who has not been charged with an offence. Any attempt to water down the effect of Section 270 of the Administration of Criminal Justice Act, 2015 may weaken the ongoing fight against corruption and money laundering because criminals will be encouraged to continue looting public funds. The Financial Action Task Force Recommendations (Recommendation 3) requires that criminal sanctions for natural persons convicted of money laundering should be effective, proportionate and dissuasive. The Federal Government of Nigeria should introduce a Bill to the National Assembly that would provide a clear framework for the use of investigatory powers by law enforcement, the security and intelligence agencies and other public authorities. This includes the interception of communications, the retention and acquisition of communications data, the use of equipment interference and the retention and use of bulk data by the security and intelligence agencies. The Bill must establish a number of safeguards against the arbitrary or unlawful use of investigatory powers by the executive. The UK’s Investigatory Powers Act, 2016, for example, established a number of safeguards for the retention and acquisition of communications data. Authorisations for obtaining communications data will have to set out why accessing the communications data in question is necessary in a specific investigation for a particular statutory purpose and how it is proportionate to what is sought to be achieved. A police officer who receives information from a whistleblower about money hidden in an apartment should apply to a Court or Justice of the Peace within the local limits of whose jurisdiction he/she is for the issue of a search warrant before conducting a search on the said premises. This procedure is in line with Section 143 of the Administration of Criminal Justice Act, 2015 and the Court of Appeal decision in Hassan v. E.F.C.C. (2014) I NWLR (Pt. 1389) 607 at 625. The Public Interest Disclosure and Witness Protection Bill, 2017 should be given accelerated consideration in the House of Representatives based on its urgency and significance for the Federal Executive Council’s whistleblowers policy. Research limitations/implications This paper focusses on the anti-corruption policy of the Federal Executive Council of Nigeria from 29 May 2015 to 10 June 2017. It does not address the older policies. Originality/value This paper offers a critical analysis of the new anti-corruption policy of the Federal Executive Council of Nigeria. The paper will provide recommendations on how the policy could be strengthened. This is the only paper to adopt this kind of approach.
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Manuell, Janet, and Aleksandar Kontić. "Transitional justice: the prosecution of war crimes in Bosnia and Herzegovina under the ‘Rules of the Road’." Yearbook of International Humanitarian Law 5 (December 2002): 331–43. http://dx.doi.org/10.1017/s1389135900001112.
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In May 1993, at the height of the wars in the former Yugoslavia, the United Nations' Security Council established the International Criminal Tribunal for the Former Yugoslavia (ICTY). It did so in response to international outrage at evidence of war crimes being committed with impunity and on a scale unprecedented in Europe since World War II. The Statute empowered the ICTY to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1 January 1991, in accordance with its provisions.The ICTY was established by the Security Council rather than the General Assembly because it was thought that the situation in the former Yugoslavia was too serious to wait for a lengthy ratification process. By characterising the war as a breach of the peace, the Security Council could act immediately under Chapter VII of the UN Charter. Part of the international community's motivation in establishing the Tribunal was to prevent further war crimes being committed in the region, particularly against the people of Bosnia and Herzegovina and Croatia.
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Mohmed Alqahtani, Faten, Amani Ali, Abdulrahman M.A.AlBelihi, and Metwally Ali. "The Right of the Accused in Saudi in Criminal Procedure during Investigation Process and Arbitrary Dentation and Prohibits Torture and Protects the Rights of Suspects to Obtain Legal Council." MATEC Web of Conferences 150 (2018): 05053. http://dx.doi.org/10.1051/matecconf/201815005053.
Full textAbstract:
Saudi Arabia has recent in years pass several important legislations to ensure a fair and balanced justice system, including: 1) The Law of Procedure Before Sharia Courts of September 2001, which grants defendants the right to legal representation and outlines the process by which please, evidence and experts are heard by the courts. 2) The Code of Law Practice of January 2001, which outlines requirements necessary to become an attorney and defines the duties and right of lawyers, including the right of attorney-client privilege. 3) The Law of Criminal Procedure of May 2001, which protects a defendant right with the regard to interrogation, investigation, and incarceration; outlines a series of regulations that justice and law enforcement authorities must follow during all stages of legal process, from arrest and interrogation to trial and sentencing; prohibits torture and protects the right of suspects to obtain legal counsel; and limits the period of arbitrary detention. The main objective of this study is to examine the operation of the criminal justice system in Saudi Arabia in light of the international human rights standards pertaining to the administration of justice. It involves the international human rights treaties and focuses mainly on the instruments in which the right to a fair trail in Saudi Arabia.