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Journal articles on the topic 'International criminal investigations'

Author: Grafiati

Published: 4 June 2021

Last updated: 12 February 2022

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1

Hamilton, Rebecca J. "New Technologies in International Criminal Investigations." Proceedings of the ASIL Annual Meeting 112 (2018): 131–33. http://dx.doi.org/10.1017/amp.2019.18.

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My current research looks at ways in which people and institutions are using technology to build the evidentiary record in international criminal litigation. In particular, I focus on the collection of, and reliance on, what I call user-generated evidence. This is footage that an ordinary citizen—the user—records on their smartphone, in an effort to achieve legal accountability.

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McCausland, Julieta Solano, and Enrique Carnero Rojo. "Developments at the International Criminal Court." Law & Practice of International Courts and Tribunals 9, no. 3 (2010): 495–555. http://dx.doi.org/10.1163/157180310x537225.

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AbstractThis column covers the activity of the International Criminal Court during the first four months of 2010. The Court has continued investigating alleged crimes in four situations (the Democratic Republic of the Congo, Uganda, Darfur/Sudan and the Central African Republic) and has started investigations in a fifth country (Kenya). The judicial activity of the Court has gained momentum, with proceedings against four accused persons, including ongoing trials against three persons. The commencement of the trial of one more person is pending, and an additional six individuals remain subject

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3

Stegmiller, Ignaz. "The International Criminal Court and Mali: Towards More Transparency in International Criminal Law Investigations?" Criminal Law Forum 24, no. 4 (2013): 475–99. http://dx.doi.org/10.1007/s10609-013-9217-5.

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4

McDermott, Yvonne, Alexa Koenig, and Daragh Murray. "Open Source Information’s Blind Spot." Journal of International Criminal Justice 19, no. 1 (2021): 85–105. http://dx.doi.org/10.1093/jicj/mqab006.

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Abstract Digital open source information has been heralded for its democratizing potential, insofar as it allows access to a much broader range of sources and voices than would normally be consulted through traditional methods of information gathering for international criminal investigations. It also helps to overcome some of the physical access barriers that are commonplace in international criminal investigations. At a time when the use of digital open source information is becoming more widespread, this article warns of the cognitive and technical biases that can impact upon two key stages

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O’Donohue, Jonathan. "Financing the International Criminal Court." International Criminal Law Review 13, no. 1 (2013): 269–96. http://dx.doi.org/10.1163/15718123-01301009.

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In its first ten years, the International Criminal Court (ICC) cost approximately EUR 750 million. For this investment, it has conducted investigations in seven situations and commenced proceedings against 29 persons. However, it has only completed one trial and has yet to achieve significant impact in, arguably its most important function, promoting complementarity. With another eight situations under preliminary examination, its workload and budget requests are expected to increase. Some states are questioning its value for money and looking to restrict its expenditure. This paper examines t

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Cencich, John R. "International Criminal Investigations of Genocide and Crimes Against Humanity." International Criminal Justice Review 19, no. 2 (2009): 175–91. http://dx.doi.org/10.1177/1057567709335872.

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Nikitina, Irina E. "Ensuring Cooperation between European States in Transnational Crime Detection and Investigation: Legal Mechanisms and Criminalistics Aspects." Theory and Practice of Forensic Science 12, no. 2 (2017): 82–89. http://dx.doi.org/10.30764/1819-2785-2017-12-2-82-89.

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The paper examines current trends towards the enhancement of criminalistic tactics and mechanisms of criminal and international law in the context of cooperation between European states in transnational crime detection and investigation. Both traditional and new forms (types) of providing legal assistance in criminal cases are elucidated. It is observed that at the present stage procedures for legal assistance in criminal investigations have become more streamlined and efficient, and request processing times have been reduced.

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STAHN, CARSTEN, and VOLKER NERLICH. "The International Criminal Court and Co-operation: Introductory Note." Leiden Journal of International Law 21, no. 2 (2008): 429–30. http://dx.doi.org/10.1017/s0922156508005013.

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Co-operation has proved to be one of the greatest challenges in the first practice of the International Criminal Court (ICC). The Court cannot fulfil its mandate effectively without co-operation from states, international organizations, and other actors. The Prosecutor requires co-operation and assistance at various stages of proceedings (preliminary examination, investigation, judicial proceedings) in order to conduct investigations and prosecutions. The Court depends on the co-operation of states to execute the warrants of arrest and proceed to trial. In the context of its first practice, th

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Sieber, Ulrich, and Carl-Wendelin Neubert. "Transnational Criminal Investigations in Cyberspace: Challenges to National Sovereignty." Max Planck Yearbook of United Nations Law Online 20, no. 1 (2017): 239–321. http://dx.doi.org/10.1163/13894633_02001010.

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The internet has become a major place of business for criminals. Due to the properties of cyberspace, crime committed on or by means of the internet is typically transnational in nature. This poses a significant obstacle for law enforcement authorities. As a rule, transnational exercise of enforcement jurisdiction traditionally constitutes a violation of another State’s territorial sovereignty. But do the same rules apply in the ‘global cyberspace?’ This article examines the applicability of the principle of territorial sovereignty in cyberspace. It rejects solutions that treat cyberspace as a

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10

McCausland, Julieta Solano, and Enrique Carnero Rojo. "Developments at the International Criminal Court." Law and Practice of International Courts and Tribunals 10, no. 3 (2011): 429–506. http://dx.doi.org/10.1163/157180311x600683.

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Abstract This column covers the activity of the International Criminal Court during the second third of 2010. The Court has continued investigating situations in five countries (the Democratic Republic of the Congo, Uganda, Sudan, the Central African Republic and Kenya) and has started one new case. The judicial activity of the Court has remained stable, with three accused persons undergoing trial and one more waiting for his trial to start. Several Chambers have continued to develop the rules applicable to pre-trial and trial proceedings, confirming their previous decisions, including on the

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11

Barbour, Stephanie. "Supporting Accountability for Sexual Violence in the Syria and Iraq Conflicts." Journal of International Criminal Justice 18, no. 2 (2020): 397–423. http://dx.doi.org/10.1093/jicj/mqaa004.

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Abstract This article examines innovations in investigating sexual and gender-based violence (SGBV) through private investigations of international criminal and humanitarian law violations in Syria and Iraq. Drawing on the progress, challenges and lessons learned at the international level, a few notable initiatives have endeavoured to implement high-quality criminal investigations driven by local actors. The article first sets out the context in which private initiatives have moved to fill the gaps in the international response to crimes in Syria and Iraq through a shift to supporting nationa

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Lukić, Tatjana. "Automatic computer based data processing as a special investigation activity." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 602–15. http://dx.doi.org/10.5937/gakv0611602l.

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The application of special investigation activities is characteristic for proactive investigations related to the organized crime. One of these special investigation activities, that became more and more important, is a computer based automatic data processing which was introduced in Serbia by the new Law on Criminal Procedure. The subject matter of this paper is legal solution in Serbia related to this special investigation activity. Apart from that, the author demonstrated its comparative regulation by analyzing legal basis for its application, terms and means of its approval, duration, use

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Bates, Elizabeth Stubbins. "DISTORTED TERMINOLOGY: THE UK'S CLOSURE OF INVESTIGATIONS INTO ALLEGED TORTURE AND INHUMAN TREATMENT IN IRAQ." International and Comparative Law Quarterly 68, no. 3 (2019): 719–39. http://dx.doi.org/10.1017/s002058931900023x.

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AbstractThe UK Ministry of Defence (MOD) has closed hundreds of investigations into alleged ill-treatment of detainees by British troops in Iraq. This article probes one reason given for the closure of these investigations: the assertion (without further evidence) that the allegations were ‘less serious’, ‘lower-level’ or in the ‘middle’ range of severity. These terms usually appear without reference to international law, and are once defined with reference to the English criminal law of assault, so that investigations were closed if the alleged treatment resulted in less than grievous bodily

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Umbarkar, Pankaj, and Priyanka R. Mohod. "Reflections on the Symptoms of Humanitarian Principles in the Investigations of International Crimes – A Study on Admissibility of Electronic Evidences in International Trials." Revista Gestão Inovação e Tecnologias 11, no. 4 (2021): 5520–32. http://dx.doi.org/10.47059/revistageintec.v11i4.2576.

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The establishment of the International Criminal Tribunal's post-World War II is the clear sign of augmented figure of International Crimes especially. The culmination of flagship tribunals like Yugoslavia and Rwanda opened the new phase for several significant questions such as the maintenance of humanitarian principles throughout the investigation, relevancy of evidence, authenticity, and overall mechanism and its legality too. The chances of an independent investigation mechanism for international crimes may also not be denied. Under such a state of affairs, the issues of collection, preserv

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Jankovic, Dijana. "International protection of intellectual property rights." Medjunarodni problemi 65, no. 4 (2013): 509–36. http://dx.doi.org/10.2298/medjp1304509j.

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The protection of intellectual property rights can be of a great importance for the development of a society. It can contribute to strengthening of the economy and improve the standard of living. The international community has established standards for the protection of intellectual property rights through relevant international documents, thus providing guidelines for the improvement of their international protection. The states which are leaders in innovation and creativity establish strong legal mechanisms that provide the protection of intellectual property rights. It is generally accepte

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Appel, Benjamin J. "In the Shadow of the International Criminal Court." Journal of Conflict Resolution 62, no. 1 (2016): 3–28. http://dx.doi.org/10.1177/0022002716639101.

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The International Criminal Court (ICC) is responsible for prosecuting crimes against humanity, war crimes, and genocide. Despite the potential for the ICC to deter human rights abuses, scholars and policy makers are divided on the effectiveness of it. This debate, however, is plagued by some important theoretical and empirical limitations. I address the problems in the literature and evaluate whether the ICC can prevent human rights abuses. I argue that the ICC can deter governments from committing human rights violations by imposing a variety of costs on them throughout their investigations t

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Tladi, Dire. "A Horizontal Treaty on Cooperation in International Criminal Matters: The Next Step for the Evolution of a Comprehensive International Criminal Justice System?" Southern African Public Law 29, no. 2 (2017): 368–87. http://dx.doi.org/10.25159/2522-6800/3646.

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This paper addresses the intersection between two key concepts in international criminal justice, namely cooperation and complementarity. While it is recognised that domestic courts carry main responsibility for ensuring accountability for the commission of international crimes, there appears to be gaps in two areas. First, international law does not make provision for a comprehensive obligation to investigate and prosecute such crimes. Second, there is no comprehensive and robust interstate cooperation obligation, necessary to ensure successful domestic investigations and prosecutions. The pa

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18

Asnis, A. Ya, and Sh N. Khaziev. "Forensic Investigations in the Nuremberg Trials." Theory and Practice of Forensic Science, no. 4(44) (December 30, 2016): 38–45. http://dx.doi.org/10.30764/1819-2785-2016-4-38-45.

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The authors present data on the forensic investigations conducted during the Nuremberg International Military Tribunal, as well as evaluation and use of expert testimony by the Tribunal, and characterize the main types of forensic investigations conducted both prior to the Tribunal and in the course of the trials. Certain procedural aspects of ordering and conducting forensic examinations are examined. The authors show how Nuremberg's forensic legacy provided an important contribution to the organization of forensic support for international and internationalized criminal courts and tribunals

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19

Kalmanovitz, Pablo. "From Reprisals to Criminal Accountability: State Bias and the Prospects of Limiting War Through Law." European Review of International Studies 7, no. 2-3 (2020): 365–88. http://dx.doi.org/10.1163/21967415-bja10026.

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Abstract Over the past 25 years, criminal prosecutions for war crimes have become a central element in the long-standing project of governing hostilities in international law. According to many, the threat of criminal prosecutions can be a general deterrent against violations of the laws of war, and can contribute more broadly to the diffusion and domestic appropriation of humanitarian norms. This article discusses some unintended effects of this “anti-impunity turn” in the laws of war in the context of non-international armed conflicts. Specifically, it examines the consequences of the fact t

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20

Brunborg, Helge. "Contribution of statistical analysis to the investigations of the international criminal tribunals." Statistical Journal of the United Nations Economic Commission for Europe 18, no. 2-3 (2001): 227–38. http://dx.doi.org/10.3233/sju-2001-182-310.

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Nikitina, I. Je. "Globalization and Multi-Polar World in the Aspect of Forensic Activities." Theory and Practice of Forensic Science, no. 4(44) (December 30, 2016): 86–91. http://dx.doi.org/10.30764/64/1819-2785-2016-4-86-91.

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The article considers the trends of improving forensic practice to match the current realities of criminal procedure. It raises issues of international cooperation in terms of forensic support in criminal investigations, including communication and sharing of forensic information. The premises for strengthening international forensic cooperation are outlined, such as globalization in all spheres of human activity, advances in science and technology, including the rapid development of means of communication, and growth in transnational organized crime.

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22

Klinkner, Melanie. "Psycho-Social Aspects Surrounding Criminal Investigations into Mass Graves." International Criminal Law Review 12, no. 3 (2012): 409–26. http://dx.doi.org/10.1163/157181212x648842.

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In the context of transitional justice, forensic investigations into mass graves aim to respond to the humanitarian needs arising from human rights’ violations or to satisfy legal, evidentiary requirements. Whilst victims are cited as the main rationale behind international criminal justice, the actual investigative and prosecution procedures may not focus on the psycho-social ramification these activities have for survivors. This becomes particularly evident when considering forensic investigations of mass graves. Anchored in the transitional justice framework, the article identifies and exam

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Nicholls, Julian. "Remarks by Julian Nicholls." Proceedings of the ASIL Annual Meeting 112 (2018): 134–35. http://dx.doi.org/10.1017/amp.2019.19.

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Investigation and prosecution at international criminal courts and tribunals of war crimes, crimes against humanity, and genocide often present challenges which are less common in domestic judicial systems. These challenges may include conducting investigations many years after the crimes were committed, in faraway countries, in which much of the testimonial and other evidence is likely in a language not spoken by the majority of the lawyers and investigators on the team.

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Heinze, Alexander. "Evidence Illegally Obtained by Private Investigators and Its Use Before International Criminal Tribunals." New Criminal Law Review 24, no. 2 (2021): 212–53. http://dx.doi.org/10.1525/nclr.2021.24.2.212.

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This article examines the rationales to exclude evidence before International Criminal Tribunals that has been illegally obtained by private investigators. The appeal of private investigations has now reached the level of international criminal justice, with the establishment of the Commission for International Justice and Accountability. Investigative staff at the International Criminal Court and other International Criminal Tribunals are dependent on the work undertaken in the field by human rights monitors as fact finders, employed by IGOs, NGOs, and, in some cases, by governmental agencies

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Greig, J. Michael, and James D. Meernik. "To Prosecute or Not to Prosecute: Civil War Mediation and International Criminal Justice." International Negotiation 19, no. 2 (2014): 257–84. http://dx.doi.org/10.1163/15718069-12341278.

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The International Criminal Court (icc) came into force in July 2002 with the potential to drastically alter both the war fighting and peacemaking behavior of states. Theiccis designed to try and subsequently punish those found guilty of war crimes, crimes against humanity, and genocide. Supporters of theicchave argued that its establishment will erode the norm of impunity that state and military leaders have historically enjoyed. Yet, another logic suggests that the initiation of aniccinvestigation or the issuance of an arrest warrant for individuals embroiled in an ongoing dispute may make ma

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Udovenko, Zhanna. "Analysis of international legislation on non-interference in personal and family life." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 383–86. http://dx.doi.org/10.36695/2219-5521.2.2020.73.

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Abstract. This article analyzes the basic principles of international legal acts, the Constitution of the USA and the countries ofthe European Union, regulating relations in the sphere of protection personal and family life. Due to the fact that the concept of “noninterferenceinto privacy” is relatively new to the criminal procedural legislation of Ukraine, the basics for normative legal regulationof a justified interference with privacy by state authorities while conducting criminal investigations are emphasized; their importancefor criminal investigation is paid special attention in judicial

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Rodman, Kenneth A. "When Justice Leads, Does Politics Follow?" Journal of International Criminal Justice 17, no. 1 (2019): 13–44. http://dx.doi.org/10.1093/jicj/mqz002.

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Abstract One of the arguments for international prosecution of criminal violence regardless of political context is the presumed normative pull of global justice, which can stigmatize targeted leaders to both international and domestic audiences, leading to their marginalization. However, the examples most closely associated with this argument — Radovan Karadžić and Ratko Mladić (arrest warrants issued in 1995), Slobodan Milošević (arrest warrant unsealed in 1999) and Charles Taylor (arrest warrant unsealed in 2003) — are false positives since they were empowered by a political commitment by p

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O'Brien, Melanie. "Sexual Exploitation and Beyond: Using the Rome Statute of the International Criminal Court to Prosecute UN Peacekeepers for Gender-based Crimes." International Criminal Law Review 11, no. 4 (2011): 803–27. http://dx.doi.org/10.1163/157181211x587661.

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AbstractAllegations and confirmed cases of misconduct by peacekeeping personnel have been revealed by non-governmental organisations, the press and UN investigations. The majority of misconduct has fallen under the term 'sexual exploitation and abuse'. Sexual exploitation and abuse has encompassed rape, sex with minors, trafficking, prostitution-related conduct, sexual exploitation, and other sexual abuse. This article discusses accountability in international criminal law for such conduct, first exploring the development of gender-based crime in international criminal law. The core of this ar

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Topchiy, Vasyl, Maksym Zabarniy, and Nataliya Lugina. "APPLICATION OF THE METHOD OF SWOT-ANALYSIS AS A MEANS OF STRATEGIC PLANNING DURING THE INVESTIGATION OF CRIMINAL CASES IN THE FIELD OF ECONOMICS IN BORDERS." Baltic Journal of Economic Studies 6, no. 3 (2020): 166–70. http://dx.doi.org/10.30525/2256-0742/2020-6-3-166-170.

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A cooperation between states in criminal cases is carried out in order to achieve the goals of justice and may exist at the stage of pre-trial investigation, trial, as well as after the entry into force of a court decision (sentence, ruling). Forms of international cooperation in the investigation of criminal cases are quite diverse. The main ones are: providing legal assistance, which consists in carrying out procedural actions, because during the investigation and trial of criminal cases there is often a need to gather evidence abroad by questioning defendants, victims, witnesses, experts, c

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Klinkner, M. "Improving International Criminal Investigations into Mass Graves: Synthesizing Experiences from the Former Yugoslavia." Journal of Human Rights Practice 4, no. 3 (2012): 334–64. http://dx.doi.org/10.1093/jhuman/hus019.

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Blewitt, Graham T. "The Role of Forensic Investigations in Genocide Prosecutions before an International Criminal Tribunal." Medicine, Science and the Law 37, no. 4 (1997): 284–88. http://dx.doi.org/10.1177/002580249703700402.

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Ssenyonjo, Manisuli. "The Rise of the African Union Opposition to the International Criminal Court’s Investigations and Prosecutions of African Leaders." International Criminal Law Review 13, no. 2 (2013): 385–428. http://dx.doi.org/10.1163/15718123-01302002.

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On 9 January 2012 the African Union (AU) stated that it ‘shall oppose any ill-considered, self-serving decisions of the ICC [International Criminal Court] as well as any pretensions or double standards that become evident from the investigations, prosecutions and decisions by the ICC relating to situations in Africa’. These relate to the United Nations [UN] Security Council referrals (in Darfur/Sudan and Libya) and the Prosecutor’s investigations proprio motu (in Kenya). This article considers the rise of the AU opposition to the ICC investigations and prosecutions in Africa directed against c

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Franceschet, Antonio. "The International Criminal Court’s Authority Crisis and Kant’s Political Ethics." International Criminal Law Review 16, no. 2 (2016): 201–15. http://dx.doi.org/10.1163/15718123-01602006.

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The International Criminal Court (icc) faces a profound authority crisis. This article explores the underlying conditions and ethical implications of this crisis in light of Immanuel Kant’s (1724–1804) political theory. The icc’s authority crisis is twofold: First, having been constructed as a purely legal actor, the Court’s inevitable role in politics has undermined perceptions of its legitimacy. Second, having been constructed as a supranational substitute for domestic legal authority, the icc has been subverted by other, political branches of the state, such as the executive. These problems

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Rankin, Melinda. "The ‘Responsibility to Prosecute’ Core International Crimes? The Case of German Universal Jurisdiction and the Syrian Government." Global Responsibility to Protect 11, no. 4 (2019): 394–410. http://dx.doi.org/10.1163/1875984x-01104003.

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Arguably, more than any other state or interstate actor, German federal authorities, including the German Federal Public Prosecutor General (Generalbundesanwalt, gba) and German Federal Criminal Police Office (Bundeskriminalamt), have been at the forefront of issuing arrest warrants for senior members of the Syrian government suspected of atrocity crimes in the wake of the Arab Spring. This includes German federal authorities making the first arrest of a senior member of the Syrian government in February 2019 for crimes against humanity. This article argues that in relation to core internation

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Azarov, Valentina, and Sharon Weill. "Israel’s Unwillingness? The Follow-Up Investigations to the UN Gaza Conflict Report and International Criminal Justice." International Criminal Law Review 12, no. 5 (2012): 905–35. http://dx.doi.org/10.1163/15718123-01205002.

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Following Israel’s ‘Operation Cast Lead’, the UN called upon the Israeli and Palestinian authorities to conduct investigations and prosecutions of international crimes in accordance with international standards. The measures that the Israeli authorities undertook, when carefully examined, fall short of international standards. When examined under the lens of the admissibility criteria of the complementarity principle under Article 17 of the ICC Statute, this deficient practice emerges as part of a broader policy intended to shield perpetrators and maintain a climate of impunity for those commi

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Hamilton, Kate. "The Role of Peacekeeping Operations in International Criminal Justice." Journal of International Peacekeeping 20, no. 3-4 (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 f

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Cummings-John, Tamara. "Cooperation Between the United Nations and the International Criminal Court." International Organizations Law Review 10, no. 1 (2013): 223–46. http://dx.doi.org/10.1163/15723747-01001007.

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As contemplated by the Rome Statute of the International Criminal Court (‘Court’), the United Nations and the Court entered into a Relationship Agreement in 2004. The Relationship Agreement provides a framework for cooperation between the United Nations and the Court, including through logistical or administrative support to the Court, in particular in countries where the Prosecutor has opened investigations or is conducting preliminary examinations. The United Nations also provides substantive support and judicial assistance to the Court’s organs, in particular to the Prosecutor, but also inc

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Gyamfi, Gerald Dapaah. "Managing Terrorism in Africa." International Journal of Cyber Warfare and Terrorism 8, no. 3 (2018): 15–25. http://dx.doi.org/10.4018/ijcwt.2018070102.

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Terrorism has contributed significantly to the unstable and unavoidable conflict and threat to security to many countries in the twenty-first century globally. In this qualitative case study, the author explores the causes and devastating effects of terrorism on the continent of Africa. The study used purposive sampling method to select and interview eight executive police officers from the Kofi Annan International Peace Training Centre (KAIPTC) and the Criminal Investigation Department (CID) of the Ghana Police Service (GPS). The researcher also assessed issues of policing in Africa relating

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Glasius, Marlies. "Global Justice Meets Local Civil Society: The International Criminal Court's Investigation in the Central African Republic." Alternatives: Global, Local, Political 33, no. 4 (2008): 413–33. http://dx.doi.org/10.1177/030437540803300402.

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As a new justice institution, the International Criminal Court (ICC) needs to gain legitimacy not just with states but also in civil society, both at the global level and in the societies in which it intervenes. This article, based on interviews, NGO documents, newspaper articles, and participatory observation, looks at civil-society relations with the ICC in relation to its most recent and least publicized investigation—that in the Central African Republic (CAR). It charts the role of civil-society organizations, local and international, in the opening of the investigation, and it discusses t

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Bihunets, Iryna. "Legal capabilities of a defense attorney to obtain evidence in a foreign country in the context of international cooperation in criminal proceedings." Slovo of the National School of Judges of Ukraine, no. 3(28) (December 19, 2019): 127–39. http://dx.doi.org/10.37566/2707-6849-2019-3(28)-10.

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Modern domestic criminal-procedural practice often "meets" cases where criminal proceedings are instituted in the territory of Ukraine, requiring evidence from certain authorities and institutions in the territory of other states. In this regard, the issues addressed in this article will directly or indirectly address the study of the defense counsel's power to obtain evidence in the territory of a foreign country in the context of international criminal proceedings. This area needs detailed research, because there is a need to detail the legal provisions, develop appropriate forensic recommen

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Bihunets, Iryna. "Obtaining evidence on the territory of a foreign state in the context of international cooperation during criminal proceedings: legal opportunities of defendant lawyer." Legal Ukraine, no. 3 (April 30, 2020): 47–54. http://dx.doi.org/10.37749/2308-9636-2020-3(207)-4.

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Modern domestic criminal-procedural practice often «meets» cases where criminal proceedings are instituted in the territory of Ukraine, requiring evidence from certain authorities and institutions in the territory of other states. In this regard, the issues addressed in this article will directly or indirectly address the study of the defense counsel’s power to obtain evidence in the territory of a foreign country in the context of international criminal proceedings. This area needs detailed research, because there is a need to detail the legal provisions, develop appropriate forensic recommen

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Komarnytskyi, Vitalii, Mykola Karchevskyi, Mykola Yakovenko, Artem Kovalenko, and Volodymyr Kovalenko. "Restoration of criminal justice and introduction of transitional justice in the conditions of restoration of territorial integrity of Ukraine and reintegration of Donbas." Revista Amazonia Investiga 9, no. 27 (2020): 349–56. http://dx.doi.org/10.34069/ai/2020.27.03.38.

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Description. The purpose of the article is to determine the most optimal mechanisms for restoration of Ukrainian criminal justice in certain areas of Donetsk and Luhansk regions as part of the implementation of transitional justice in the mentioned territories. Methodology. The system-structural method and the method of formal and logical analysis have been applied to determine the main steps to the restoration of criminal justice in some areas of Donetsk and Luhansk regions. The comparative and legal method was used to analyze the foreign legal practice of resolving armed conflicts and adapti

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Rankin, Melinda. "Investigating Crimes against Humanity in Syria and Iraq: The Commission for International Justice and Accountability." Global Responsibility to Protect 9, no. 4 (2017): 395–421. http://dx.doi.org/10.1163/1875984x-00904004.

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The failure of the United Nations to effect a ‘responsibility to protect’ in Syria and Iraq has provoked acrimonious debates over how the international community should respond to mass atrocities in the contemporary international order. Moreover, the fact that the International Criminal Court and other United Nations (un) agencies remain unable to investigate in Syria and Iraq, has reinvigorated debate on the mechanisms available to bring those most responsible for humanities gravest crimes to account. This article examines the Commission for International Justice and Accountability (cija). As

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Dancy, Geoff, and Florencia Montal. "Unintended Positive Complementarity: Why International Criminal Court Investigations May Increase Domestic Human Rights Prosecutions." American Journal of International Law 111, no. 3 (2017): 689–723. http://dx.doi.org/10.1017/ajil.2017.70.

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The International Criminal Court (ICC) is controversial, acutely so in Africa. The first thirty-nine people it indicted were all African. It did not open any formal investigations outside Africa until the 2016 decision to investigate conduct related to the 2008 Georgia-Russia war. The first three notifications of withdrawal from the ICC Statute, each made in 2016, were by Burundi, South Africa, and Gambia. While South Africa and Zambia reversed their initial intentions, Burundi in fact became the first state party to withdraw from the ICC in October 2017. These maneuvers are closely connected

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Sarkin, Jeremy. "Reforming the International Criminal Court (icc) to Achieve Increased State Cooperation in Investigations and Prosecutions of International Crimes." International Human Rights Law Review 9, no. 1 (2020): 27–61. http://dx.doi.org/10.1163/22131035-00901001.

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This article examines the issue of state cooperation with the International Criminal Court (icc), and why it is vitally needed to achieve the institution’s mandate, including that of human rights protection. The article examines why state cooperation with the icc is so important and what issues undermine it, including disputes with the African Union, but many other issues as well. It surveys what the icc has done to promote cooperation and what steps ought to be taken to try and enhance state cooperation in the future. This is timely as the icc has set up a review process in 2020 to deal with

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ABD ALI, ALI, WEDAD Al-DAHHAN, DHEAA ZAGEER, and EMAD YOUSIF. "A Vision to Promote the Forensic DNA Facility at Al-Nahrain University in Terms of Safety Measures." Oriental Journal of Physical Sciences 2, no. 1 (2017): 16–20. http://dx.doi.org/10.13005/ojps02.01.03.

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The forensic DNA facility at Al-Nahrain University was established in 2011 with a clear message to be as a training and research center in Iraq. Iraq is still suffering from the existence of many mass graves in different provinces, and complicated criminal cases. Predominantly, the forensic DNA facility will offer a solid platform to support forensic investigations as casualties in most cases are anonymous to the government. The forensic DNA investigation laboratories were built without any considerations to safety measures and standard laboratories ergonomics. Herein, we report a genuine safe

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Watney, Murdoch. "A South African perspective on mutual legal assistance and extradition in a globalized world." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 2 (2017): 291. http://dx.doi.org/10.17159/1727-3781/2012/v15i2a2489.

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This contribution focuses on the modalities of mutual legal assistance and extradition from a South African perspective. The question is posed whether South Africa has succeeded to establish the required framework as a fully fledged member of the international community to make a positive contribution in the fields of mutual legal assistance and extradition subsequent to its international political isolation during the apartheid era. Although the international community derives substantial benefit from a borderless global world, it has as a result also to deal with the negative impact of globa

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Claire, Brighton. "Avoiding Unwillingness: Addressing the Political Pitfalls Inherent in the Complementarity Regime of the International Criminal Court." International Criminal Law Review 12, no. 4 (2012): 629–64. http://dx.doi.org/10.1163/15718123-01204002.

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The complementarity principle enshrined in the Rome Statute is the cornerstone on which the International Criminal Court is built. It holds the key to the ICC’s legitimacy, credibility, and ability to act. The complementarity regime was not truly tested until 2011 when the Kenyan Government challenged the admissibility of the ICC’s investigation into the widespread violence that followed the Kenyan general elections in 2007. Both the Pre-Trial Chamber and Appeals Chamber held that the Kenyan case was admissible on the basis that Kenya had not demonstrated sufficiently that it was carrying out

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Namakula, Catherine S. "The Human Rights Mandate of a Prosecutor of an International Criminal Trial." International Criminal Law Review 17, no. 5 (2017): 935–59. http://dx.doi.org/10.1163/15718123-01751386.

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There is no trial that is worth human suffering. This is the secret behind the successful marriage of human rights and international criminal law. Whenever there is a right, there must be a guard. The prosecutor, as the driving force of international criminal proceedings, must ensure that a case is investigated and proceeds to trial with respect and protection of the rights of persons involved, especially the accused. The autonomy and discretion accorded to the prosecution is functional and tactical in as far as it enables it to lead the course of justice. Following its exclusive control of in

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Caine, Philip. "The International Criminal Tribunal for the Former Yugoslavia: Planners and Instigators or Foot Soldiers?" International Journal of Police Science & Management 11, no. 3 (2009): 345–57. http://dx.doi.org/10.1350/ijps.2009.11.3.137.

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The International Military Tribunal at Nuremberg prosecuted the most infamous criminals of the Nazi regime whereas the International Criminal Tribunal for the Former Yugoslavia (ICTY) has brought to trial only two of the ‘big guns' of the Balkans conflicts. The aim of this study is to assess the effectiveness of the ICTY in fulfilling its mandate to prosecute those most responsible for serious violations of international humanitarian law committed during the conflicts of the Former Yugoslavia. The research combines a literature-based assessment of the ICTY together with focused interviews of t

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