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Journal articles on the topic 'International criminal law'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 January 2025

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1

ĆUJIĆ, MIODRAG. "CRIMINAL ASSOCIATION IN INTERNATIONAL CRIMINAL LAW." Kultura polisa, no. 44 (March 8, 2021): 23–35. http://dx.doi.org/10.51738/kpolisa2021.18.1r.1.02.

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The criminal association was a criminal offense of the Joint Plan and Conspiracy, or a special form of Crime against Peace, which was highlighted as such in the Nuremberg and Tokyo trials. In the recent practice of international criminal courts, this institute is used in a certain way, but its function is often subordinated to political abuses. By labeling certain political regimes as a “criminal association” by the so-called international political elites are provided with a wide margin of maneuver to justify their “humanitarian interventions” which are the consequence of a common criminal goal. From the middle of the 20th century until today, it is possible to identify violations of international law that occurred as a result of the activities of a criminal association, which continues with increased intensity. If the covert activities of real criminal associations continue, the main outcome will not be the achievement of world peace, but hegemony. In order to prevent this tendency, it is necessary to redefine the place of the Criminal Association in international criminal law, to point out the permanent cases of their actions, their subjects and the ways in which these same subjects avoid responsibility.

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2

Abu Alwafa,, Ahmed. "CRIMINAL INTERNATIONL LAW: with Special Reference to Islamic Criminal International Law." المجلة المصرية للقانون الدولى 62, no. 62 (December 1, 2006): 171–370. http://dx.doi.org/10.21608/ejil.2006.301809.

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3

Freeland, Steven. "International Criminal Law." Australian Journal of Human Rights 10, no. 1 (June 2004): 191–96. http://dx.doi.org/10.1080/1323238x.2004.11910778.

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4

Dinstein, Yoram. "International Criminal Law." Israel Law Review 20, no. 2-3 (1985): 206–42. http://dx.doi.org/10.1017/s0021223700017635.

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The individual human being is manifestly the object of every legal system on this planet, and consequently also of international law. The ordinary subject of international law is the international corporate entity: first and foremost (though not exclusively) the State. Yet, the corporate entity is not a tangible res that exists in reality, but an abstract notion, moulded through legal manipulation by and within the ambit of a superior legal system. When the veil is pierced, one can see that behind the legal personality of the State (or any other international corporate entity) there are natural persons: flesh-and-blood human beings. In the final analysis, Westlake was indubitably right when he stated: The duties and rights of States are only the duties and rights of the men who compose them.That is to say, in actuality, the international rights and duties of States devolve on human beings, albeit indirectly and collectively. In other words, the individual human being is not merely the object of international law, but indirectly also its subject, notwithstanding the fact that, ostensibly, the subject is the international corporate entity.

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5

McGoldrick, Dominic, Colin Warbrick, and Colin Warbrick. "International Criminal Law." International and Comparative Law Quarterly 44, no. 2 (April 1995): 466–79. http://dx.doi.org/10.1093/iclqaj/44.2.466.

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6

Bromby, Michael. "International criminal law." Law Teacher 52, no. 2 (April 3, 2018): 238–39. http://dx.doi.org/10.1080/03069400.2018.1455438.

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7

The Italian Yearbook of Internation, Editors. "International Criminal Law." Italian Yearbook of International Law Online 27, no. 1 (November 14, 2018): 449–52. http://dx.doi.org/10.1163/22116133-02701025.

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8

Capone, Francesca. "INTERNATIONAL CRIMINAL LAW." Italian Yearbook of International Law Online 26, no. 1 (October 11, 2017): 552–56. http://dx.doi.org/10.1163/22116133-90000180a.

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9

Carpanelli, Elena. "International Criminal Law." Italian Yearbook of International Law Online 28, no. 1 (October 18, 2019): 484–88. http://dx.doi.org/10.1163/22116133_02801030.

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10

Geng, Zhimin. "An exploration of selective justice in the International Criminal Court." SHS Web of Conferences 178 (2023): 02019. http://dx.doi.org/10.1051/shsconf/202317802019.

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With the development of history, human society has experienced the development stage from disorder to law, from domestic law to international law. International law came into being and developed in the context of increasing exchanges between states. International criminal law has emerged and developed in modern times on the basis of the continuous development of international law. The International Criminal Court is also a form of international legal system that has emerged when human society has developed to a certain stage.To punish international criminal criminals more effectively through the trial of the International Criminal Court, to stop, prevent or deter the occurrence of international criminal crimes and potential international criminal criminals is an inevitable historical product of the development of human society to a certain stage, and it is a milestone progress. The International Criminal Court has played a positive role in the protection of human rights in all countries, especially in developing countries. Based on the principle of complementary jurisdiction, the jurisdiction of the International Criminal Court encompasses a set of jurisdictional principles, conditions and procedures to ensure the legality and impartiality of its exercise. These principles, conditions and procedures of jurisdiction have certain particularity. Since the establishment of the International Criminal Court, there has been a problem of selective justice, so this paper tries to discuss the meaning of selective justice in the International Criminal Court, the development of selective justice in the International Criminal Court and the influencing factors of selective justice in the International Criminal Court.

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11

STARITA, MASSIMO. "XII. INTERNATIONAL CRIMINAL LAW." Italian Yearbook of International Law Online 13, no. 1 (2003): 252–56. http://dx.doi.org/10.1163/221161303x00182.

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12

Carpanelli, Elena. "XIII. INTERNATIONAL CRIMINAL LAW." Italian Yearbook of International Law Online 25, no. 1 (October 18, 2016): 527–32. http://dx.doi.org/10.1163/22116133-90000128a.

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13

STARITA, MASSIMO. "XII. INTERNATIONAL CRIMINAL LAW." Italian Yearbook of International Law Online 9, no. 1 (1999): 168–74. http://dx.doi.org/10.1163/221161399x00141.

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14

Jalloh, Charles Chernor. "Regionalizing International Criminal Law?" International Criminal Law Review 9, no. 3 (2009): 445–99. http://dx.doi.org/10.1163/157181209x457956.

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AbstractThis article examines the initially cooperative but increasingly tense relationship between the International Criminal Court (ICC) and Africa. It assesses the various legal and political reasons for the mounting criticisms of the ICC by African governments, especially within the African Union (AU), following the indictment of incumbent Sudanese President Omar Hassan Al Bashir. The author situates the ICC within broader African efforts to establish more peaceful societies through the continent-wide AU. He submits that the ICC, by prosecuting architects of serious international crimes in Africa's numerous conflicts, could contribute significantly to the continent's fledgling peace and security architecture which aims to prevent, manage and resolve conflicts and to anticipate and avert crimes against humanity. On the other hand, the author suggests that the ICC also has much to gain from Africa, especially in these early years when it is seeking to become a functional court of law with global legitimacy. By undertaking independent, fair and credible prosecutions without alienating States Parties, the world criminal court is more likely to fulfill its mandate and to win over powerful hold outs, such as the United States, China, and India. This will help it co-opt the support necessary for its universal reach and future success. However, he cautions that given Africa's sensitive historical experience with foreign interventions, including the slave trade and colonialism, the international criminal justice regime anchored on the ICC may be undermined, or perhaps even falter, if it is perceived as having a biased, politicized or insensitive application to a single region of the world.

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15

Drumbl, Mark A. "Extracurricular International Criminal Law." International Criminal Law Review 16, no. 3 (May 27, 2016): 412–47. http://dx.doi.org/10.1163/15718123-01603005.

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This article unpacks the jurisprudential footprints of international criminal courts and tribunals in domestic civil litigation in the United States conducted under the Alien Tort Statute (ats). The ats allows victims of human rights abuses to file tort-based lawsuits for violations of the laws of nations. While diverse, citations to international cases and materials in ats adjudication cluster around three areas: (1) aiding and abetting as a mode of liability; (2) substantive legal elements of genocide and crimes against humanity; and (3) the availability of corporate liability. The limited capacity of international criminal courts and tribunals portends that domestic tort claims as avenues for redress of systematic human rights abuses will likely grow in number. The experiences of us courts of general jurisdiction as receivers of international criminal law instruct upon broader patterns of transnational legal migration and reveal an unanticipated extracurricular legacy of international criminal courts and tribunals.

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16

Darcy, Shane. "Teaching International Criminal Law." Criminal Law Forum 16, no. 3-4 (October 2005): 401–4. http://dx.doi.org/10.1007/s10609-006-0005-3.

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17

Ambos, Kai. "International Economic Criminal Law." Criminal Law Forum 29, no. 4 (September 28, 2018): 499–566. http://dx.doi.org/10.1007/s10609-018-9356-9.

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18

Rayhan, Muhammad Rayhan, Faizal Hidayatallah Widjajanto Faizal, Raihan Setia Gilbranza Setia, Archi Cautsa Jaya Archi, and Gregorius Ringo Putra Wibowo Grey. "THE INFLUENCE OF INTERNATIONAL CRIMINAL LAW ON NATIONAL CRIMINAL LAW." IJLLE (International Journal of Law and Legal Ethics) 4, no. 1 (July 28, 2023): 71–75. http://dx.doi.org/10.47701/ijlle.v4i1.2445.

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International criminal law is not part of criminal law, but in fact international criminal law is one source of the development of criminal law. As a form of international criminal law, international agreements generally affect legal values, legal principles, and national criminal law norms. This study tries to explain the position of international criminal law in domestic criminal law and to determine the influence of international criminal law on domestic criminal law. The research methodology used in this study is a prescriptive legal research methodology. These results indicate that the relationship between international criminal law and domestic law is complementary.

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19

Kalshoven, F. "From International Humanitarian Law to International Criminal Law." Chinese Journal of International Law 3, no. 1 (January 1, 2004): 151–61. http://dx.doi.org/10.1093/oxfordjournals.cjilaw.a000506.

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20

Aljahani, Abdelnaser. "Transnational Criminal Law and International Criminal Law: Interrelationship or Separation." International Review of Law 9, no. 1 (December 1, 2020): 163–82. http://dx.doi.org/10.29117/irl.2020.0094.

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This article attempts to identify the relation of the transnational criminal law to the international criminal law that is one of the branches of public international law that has been formed after the Second World War, if not before. The main purpose of this article is to examine whether transnational criminal law is one of the branches of international criminal law, or is it independent and therefore can be described as an independent and new branch of the public international law. The researcher in this article tends to the second trend because of the differences between the transnational criminal law and international criminal law, based on the legal concept, subject of law, sources of law, criminal liability and jurisdiction.

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21

Shaykova, Marina V. "PECULIARITIES OF THE INTERNATIONAL LAW STATUS OF JUVENILE DELINQUENTS." International criminal law and international justice 1 (January 14, 2021): 6–10. http://dx.doi.org/10.18572/2071-1190-2021-1-6-10.

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The article examines the criminal procedure status of minors, its difference from the criminal procedure status of adult criminals, analyzes international legal standards of juvenile responsibility, substantiates the characteristics of a minor accused, which should affect the procedural order of criminal proceedings. The author pays special attention to the personality of the minor, as well as the psychological predisposition of juvenile offenders to dependence on psychoactive substances.

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22

Ranđelović, Višnja, Snežana Soković, and Božidar Banović. "INTERNATIONAL CRIMINAL LAW AND INTERNATIONAL CRIMINAL JUSTICE OBJECTIVES AND PURPOSE OF PUNISHMENT IN INTERNATIONAL CRIMINAL LAW THEORY AND PRACTICE." Journal of Criminology and Criminal Law 61, no. 1 (June 2023): 67–91. http://dx.doi.org/10.47152/rkkp.61.1.4.

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Insufficient development of International Criminal Law, as well as its development under the influence of different legal systems, brought forth the lack of clear definitions of certain criminal law concepts and institutes. When considering the goals of International Criminal Law in theory they are often confused with the goals of International Criminal Justice, but also with the purpose of punishment in International Criminal Law. In that sense, the aim of the paper is, first of all, to analyse theoretical understandings of the goals of International Criminal Law and Justice, as well as their definition in the acts within the field of International Criminal Law, in order to provide for the possible manner of defining and delimiting these terms. Further, the aim of the paper is to distinguish from these terms the purpose of punishment in International Criminal Law.

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23

Jovasevic, Dragan. "International criminal law: Between law and politics." Medjunarodni problemi 65, no. 1 (2013): 42–67. http://dx.doi.org/10.2298/medjp1301042j.

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Crimes against international law are committed by violating the rules of international humanitarian law during wars or armed conflicts. The perpetrators of these crimes are under the jurisdiction of international criminal courts (military or civil, permanent or ad hoc). The process of the commission of crimes against international law may comprise several different phases or stadiums. Moreover, such criminal offences rarely appear as the results of only one person?s activities. On the contrary, in numerous cases of these criminal offences, accomplice appears as a form of collective participation of several persons in the commission of one or more crimes against international law. All these facts represent grounds for the specific type of criminal responsibility of the perpetrators of crimes against international law. It is a object of regulation international criminal law about whose characteristics converse this article.

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24

Popko, Vadym. "National legislation as a source of transnational criminal law." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 381–86. http://dx.doi.org/10.36695/2219-5521.1.2020.75.

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The article covers the topic of national legislation as a source (form) of transnational criminal law. International criminal law doctrine has examined different aspects of legal sources many times, but development and establishment of transnational criminal law creates a necessity of research with a view to substantiating the concept of transnational criminal law and researching the empiric basis: international legal act and legislatures of different states. Author finds that the systems of legal sources are in a state of constant development and reassessment, which does not change the fact that domestic legislation always takes its place in such systems. The author analyzes the positions of domestic and foreign scientists on the recognition of national legislation as a source of international criminal law. The place of national legislation in the system of sources of transnational criminal law its ancillary character are determined. The author substantiates the position of recognition of national legislation as a source of transnational criminal law in view of the important conceptual feature of this sub-branch of law, which is manifested in the interaction of transnational (international) and domestic (national) criminal law. Transnational criminal law as part of international criminal law is part of the system of international law, is based on its principles and closely linked to national criminal law. The article notes that every national or international legal system contains a specific system of legal sources, determined within its demands which allows to distinguish the peculiarities of each separate system. National legislation holds a special place in any of such system of sources of international criminal law and belongs to the group of auxiliary sources. It is emphasized that national legislation does not directly regulate international relations, but does affect transnational criminal law in various ways, in particular by criminalizing transnational crimes and penalizing them; according to the rules of national law, criminal prosecution of criminals and implementation of norms in accordance with the jurisdiction defined in the national legislation, etc., takes place.

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25

Garbatovich, Denis A. "CLASSIFICATION OF NON-CRIMINAL ACTS STIPULATED BY CRIMINAL LAW PROVISIONS IN INTERNATIONAL CRIMINAL LAW." International criminal law and international justice 1 (January 14, 2021): 3–5. http://dx.doi.org/10.18572/2071-1190-2021-1-3-5.

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The article presents a classification of non-criminal criminal acts in international criminal law depending, first, on their social significance, second, on their compliance with the sources of international criminal law, third, on how they affect criminal law relations as legal facts.

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26

Lysko, T., and A. Palamarchuk. "PRINCIPLES IN INTERNATIONAL CRIMINAL LAW." International Law Almanac, no. 23 (2020): 198–207. http://dx.doi.org/10.32841/ila.2020.23.23.

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27

Karska, Elżbieta. "Piracy and International Criminal Law." Polish Review of International and European Law (The) 2, no. 1 (January 20, 2013): 41. http://dx.doi.org/10.21697/priel.2013.2.1.02.

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28

Charney, Jonathan I. "Progress in International Criminal Law?" American Journal of International Law 93, no. 2 (April 1999): 452–64. http://dx.doi.org/10.2307/2998000.

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29

Mackarel, Mark. "Roger O'Keefe, International Criminal Law." Edinburgh Law Review 20, no. 3 (September 2016): 418–19. http://dx.doi.org/10.3366/elr.2016.0383.

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30

Bodó, Bálint-Imre. "Cybersecurity and International Criminal Law." Cybersecurity and Law 7, no. 1 (July 2, 2022): 110–29. http://dx.doi.org/10.35467/cal/151818.

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31

Blanco, Isidoro. "Topic IV ? International Criminal Law." Revue internationale de droit pénal 77, no. 3 (2006): 691. http://dx.doi.org/10.3917/ridp.773.0691.

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32

Trifunović, Darko. "International criminal law and terrorism." National security and the future 22, no. 1-2 (August 18, 2021): 111–42. http://dx.doi.org/10.37458/nstf.22.1-2.2.

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Although as old as politics itself, terrorism as an international security problem has not yet received its unique definition. The purpose of this paper is to consider the necessity having a generally accepted definition of terrorism in the form of political violence as the basis on which terrorism will find its place in international criminal law. The first part of the paper is dedicated to the general consideration of international criminal law and the International Criminal Court. The second part of the paper examines the existing definitions of terrorism and analyzes terrorism as a crime in international criminal law. Terrorism has long transcended national borders and is no longer a threat only to sovereign states but also to international peace and the security of both the individual and society as a whole. With the expansion of terrorism and increasingly brutal ways of expressing this type of crime, there is a need for even closer international criminal cooperation of sovereign states in the development of legal mechanisms for the prevention and punishment of perpetrators of these criminal acts. By reviewing relevant literature concerning itself with such topics and comparing different understandings of the concept of terrorism from legal, political, and security science sources, we conclude that clarifying the definition of terrorism as an international security problem will, lead to its complete characterization as an international criminal act.

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33

Bogush, Gleb. "Russia and International Criminal Law." Baltic Yearbook of International Law Online 15, no. 1 (July 29, 2016): 169–80. http://dx.doi.org/10.1163/22115897-90000064b.

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34

DU PLESSIS, MAX. "CHILDREN UNDER INTERNATIONAL CRIMINAL LAW." African Security Review 13, no. 2 (January 2004): 103–11. http://dx.doi.org/10.1080/10246029.2004.9627290.

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35

van Schaack, Beth. "Legality & International Criminal Law." Proceedings of the ASIL Annual Meeting 103 (2009): 101–4. http://dx.doi.org/10.1017/s0272503700033802.

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36

Kristin Timmermann, Wibke. "Incitement in international criminal law." International Review of the Red Cross 88, no. 864 (December 2006): 823–52. http://dx.doi.org/10.1017/s1816383107000793.

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AbstractThe author critically analyses in this article the status of incitement in international criminal law. After a discussion of the relevant judgments by the Nuremberg Tribunal and related courts, including German de-Nazification courts, the travaux préparatoires of the Genocide Convention and the case-law of the International Criminal Tribunals, the international approach is criticized, particularly its practice of regarding only direct and public incitement to genocide as inchoate, whilst instigation generally is treated as not inchoate. The author recommends the adoption of an approach modelled on German and Swiss domestic law and argues that instigation per se should also be regarded as an inchoate crime.

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37

Lelieur-Fischer, J. "Review: Volkerstrafrecht (International Criminal Law)." Journal of International Criminal Justice 2, no. 4 (December 1, 2004): 1191–95. http://dx.doi.org/10.1093/jicj/2.4.1191.

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38

Robinson, D. "International Criminal Law as Justice." Journal of International Criminal Justice 11, no. 3 (June 27, 2013): 699–711. http://dx.doi.org/10.1093/jicj/mqt039.

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39

Esakov, Gennady. "International Criminal Law in Russia." Journal of International Criminal Justice 15, no. 2 (May 2017): 371–92. http://dx.doi.org/10.1093/jicj/mqx007.

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40

VAN SLIEDREGT, ELIES. "Pluralism in International Criminal Law." Leiden Journal of International Law 25, no. 4 (November 1, 2012): 847–55. http://dx.doi.org/10.1017/s0922156512000477.

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Fragmentation of international law is a phenomenon that has been discussed ever since the ILC in 2000 decided to add to its programme of work the topic ‘Risks ensuing from the fragmentation of international law’. Koskenniemi, in a paper published in this journal, was one of the first to address fragmentation in legal literature. In 2006, he finalized a voluminous report on ‘Fragmentation of International Law’, providing for means and ways to cope with fragmentation.

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41

Reiff, Mark R. "International Criminal Law and Philosophy." Social Theory and Practice 37, no. 2 (2011): 370–78. http://dx.doi.org/10.5840/soctheorpract201137221.

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42

Lukianova, Halyna, and Iryna Serkevych. "Principles of international criminal law." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 7, no. 25 (March 30, 2020): 197–203. http://dx.doi.org/10.23939/law2020.25.197.

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43

Sayapin, Sergey. "Principles of International Criminal Law." Military Law and the Law of War Review 53, no. 1 (December 2014): 167–70. http://dx.doi.org/10.4337/mllwr.2014.01.13.

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44

Kuzmin, E. E. "International Criminal Law: Quo Vadis?" Legal Novels, no. 20 (2023): 134–40. http://dx.doi.org/10.32782/ln.2023.20.19.

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45

Struebing, Jake Elijah. "Federal Criminal Law and International Corruption." New Criminal Law Review 21, no. 1 (2018): 1–56. http://dx.doi.org/10.1525/nclr.2018.21.1.1.

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The recent indictment of more than 40 individuals and entities in the FIFA corruption scandal demonstrates the expansive reach of the federal criminal law, raising important questions of extraterritorial jurisdiction and substantive law. This article argues that the existing law is sufficient to capture pervasive corruption in international organizations like Fédération Internationale de Football Association (FIFA) when their transactions reach domestic wires in the financial system. The principal charge in the FIFA case, for example, falls under the Racketeer Influenced and Corrupt Organizations Act (RICO). But the extraterritorial application of RICO is far from settled law, and the dramatic scale of the racketeering conspiracy will have profound implications for the substantive law, presenting problems of legal specification and challenging the transactional model of crime. One of the indictment’s predicate offenses, moreover, is a novel honest services fraud charge that implicates the very nature of fiduciary duties in the international marketplace. This article suggests that the law should extend fiduciary protections against commercial bribery in the international sphere so long as the values underlying those protections accord with collectively shared norms. Finally, this article advances a conceptual understanding, informed by theories of global governance and development, of why the law should countenance international corruption. Federal prosecutors are becoming increasingly concerned with the integrity of globally integrated markets, and global prosecutions may carry the potential to strengthen deterrence, policy cohesion among decentralized stakeholders, and reinforce international norms of conduct.

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46

Bazov, Oleksandr. "Universal jurisdiction in the activities of international criminal courts." Legal Ukraine, no. 10 (November 27, 2020): 42–47. http://dx.doi.org/10.37749/2308-9636-2020-10(214)-5.

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The article presents an analysis of the principle of universal jurisdiction as an important legal institution of international criminal justice. Analyzed the main international legal norms and judicial practice in this area. The directions of further development of universal jurisdiction have been determined. Analyzed the Princeton Principlesof the universal jurisdiction. Investigated the work of the UN International Law Commission and the UN General Assembly on this issue. Proposals for the improvement of international and national legal acts are presented. Universal jurisdiction or the principle of universality in the fight against international crime is an important legal institution in the activities of both national and international criminal courts. As with any international offense, the obligation to stop international crimes such as aggression, genocide, crimes against humanity, war crimes and crimes of international terrorism take the form of an alternative to aut dedere aut judicare or aut prosegue by Hugo Grotius, and under which any State has an obligation to search for and prosecute international criminals for these heinous acts, regardless of the nationality of the perpetrators and their victims, as well as the place where the crime was committed, or to extradite international criminals to any State that requires their extradition for prosecution and punishment, or to an international criminal tribunal. Thus, a state is obliged to exercise universal criminal jurisdiction over international crimes and international criminals, or to extradite them to another state or to an international criminal court under conditions determined by international law and national law. Key words: universal jurisdiction, International criminal court, international crime, state sovereignty.

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47

Андрейченко, С. С. "GROUNDS EXCLUDING CRIMINAL RESPONSIBILITY IN INTERNATIONAL CRIMINAL LAW." Constitutional State, no. 38 (May 27, 2020): 153–61. http://dx.doi.org/10.18524/2411-2054.2020.38.204119.

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48

Danner, Allison Marston. "Joint Criminal Enterprise and Contemporary International Criminal Law." Proceedings of the ASIL Annual Meeting 98 (2004): 186–89. http://dx.doi.org/10.1017/s0272503700061176.

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49

Ranieri, Stephen. "Extended Joint Criminal Enterprise in International Criminal Law." Journal of Criminal Law 80, no. 6 (December 2016): 436–45. http://dx.doi.org/10.1177/0022018316675551.

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This article examines the doctrine of extended joint criminal enterprise (‘JCE’) as a mode of liability within international criminal law (‘ICL’). The article first provides an overview of extended JCE based on its current expression in international customary law by the International Criminal Tribunal for the Former Yugoslavia in the Tadić case. Consideration will then turn to the problems associated with the application of extended JCE. In particular, recent developments in the United Kingdom in the case of R v Jogee will be discussed, and the implications for the future of extended JCE in ICL as a matter of international custom. Next, the viability of the JCE doctrine will be considered for the purposes of proceedings before the International Criminal Court (‘ICC’). Ultimately, it is concluded that extended JCE has a limited jurisprudential basis before the ICC. However, it is suggested that extended JCE may live on through art 25(3)(d) of the Rome Statute.

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Olesiuk-Okomska, Magda. "INTERNATIONAL CRIMES WITHIN THE JURISDICTION OF INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS." International Journal of Legal Studies ( IJOLS ) 2, no. 2 (December 29, 2017): 71–84. http://dx.doi.org/10.5604/01.3001.0012.2220.

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Abstract:

Although in international law responsibility traditionally had belonged to states, along with involvement of individuals in conflicts between states and committing by them crimes on a massive scale, a need to criminalize such acts and to bring offenders guilty of the most serious violations of international law to justice - arose. Establishment of international criminal courts resulted from the need to fulfill internationally the idea of justice. Development of international criminal courts reflects differences in inter alia attitude towards ratione materiae of particular courts and tribunals. The purpose of this article is to present and discuss international crimes within the jurisdiction of international criminal courts and tribunals. A typology of international criminal courts was indicated and the most important courts and tribunals were presented in detail. The paper discusses subject jurisdiction of International Military Court in Nuremberg and International Military Tribunal for the Far East in Tokio, the first international courts established to bring war criminals to justice; as well as the subject jurisdiction of the International Criminal Court, the only permanent court in international criminal court system, having universal jurisdiction. Four categories of the most serious crimes of international concern were considered, and doubts concerning subject jurisdiction of the International Criminal Court, as well as its functioning in general, were signalized.

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