Journal articles: 'Trials (Political crimes and o'

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Morrison, Howard. "International Crimes and Trials." International Criminal Law Review 8, no. 3 (2008): 391–98. http://dx.doi.org/10.1163/157181208x308727.

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Slack, Anita J. "Book Review: Crimes of the Centuries: Notorious Crimes, Criminals, and Criminal Trials in American History." Reference & User Services Quarterly 56, no. 1 (September 23, 2016): 57. http://dx.doi.org/10.5860/rusq.56n1.57b.

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This three-volume set’s biggest strength is its unique focus. While many encyclopedias of crime exist, focusing on types of criminals, locations of crimes, and types of punishments, I have yet to experience a set that focuses on the notoriety of the crimes it discusses. The introduction details the philosophy employed by the editors in choosing the content for this set, noting that they sought crimes that are notorious in the sense of uniqueness, newsworthiness, and timeliness to other political, social, or cultural happenings. A quick search of Amazon confirmed my suspicion that scholarly reference work on these types of crimes has been a niche in the literature that has remained, until recently, largely unfilled.

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Ritscher, Christian. "COVID-19 and International Crimes Trials in Germany." Journal of International Criminal Justice 18, no. 5 (November 1, 2020): 1077–80. http://dx.doi.org/10.1093/jicj/mqaa055.

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Abstract With the appearance of the COVID-19 virus, the world faces new challenges in almost every area of social life. Social distancing and protection measures provide new challenges in business relations. This also holds true for criminal trials in general, and for international criminal trials, in particular. In Germany, several trials concerning charges of crimes under international law, established by the German Code of Crimes Against International Law (Völkerstrafgesetzbuch), are currently in progress. In particular, the trial against two former Syrian intelligence officers, which is currently taking place before the Higher Regional Court in Koblenz, has received international attention and will possibly be affected by the restrictions imposed.

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Nice, Geoffrey, and Philippe Vallières-Roland. "Procedural Innovations in War Crimes Trials." Journal of International Criminal Justice 3, no. 2 (May 1, 2005): 354–80. http://dx.doi.org/10.1093/jicj/mqi043.

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Kerr, Rachel. "Prosecuting war crimes: Trials and tribulations." International Journal of Human Rights 10, no. 1 (March 2006): 79–88. http://dx.doi.org/10.1080/13642980500422472.

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JONES, PRISCILLA DALE. "NAZI ATROCITIES AGAINST ALLIED AIRMEN: STALAG LUFT III AND THE END OF BRITISH WAR CRIMES TRIALS." Historical Journal 41, no. 2 (June 1998): 543–65. http://dx.doi.org/10.1017/s0018246x98007869.

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This article addresses one aspect of the legal proceedings known collectively as the ‘Nuremberg trials’: British policy towards, and trials of, Nazi war criminals in the British zone of occupied Germany. The killing of fifty allied airmen after their escape from Stalag Luft III illustrates how atrocities against British POWs affected British war crimes policy. The article examines one part of that policy: the efforts to expedite trials and the decision to end them. It examines the ambivalence that characterized British attitudes towards war crimes trials, and also discusses British hopes for an expeditious trial programme and political and legal objections to delays in prosecutions. Finally, it shows that concerns about the Stalag Luft III case led to extensions in the trial programme, but that eventually the programme was subordinated to Britain's broader policy of reintegrating Germany into the western fold.

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Mouthaan, Solange. "The Prosecution of Gender-based Crimes at the ICC: Challenges and Opportunities." International Criminal Law Review 11, no. 4 (2011): 775–802. http://dx.doi.org/10.1163/157181211x587184.

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AbstractThe ICC statute incorporates a mandate to implement gender-sensitive measures in its structures and procedures, but trials in progress at present demonstrate that the ICC faces considerable challenges in tackling gender-based crimes consistently. The current Article discusses the fact that gender-based crimes are still under-investigated, under-prosecuted and remain the least condemned crime. In the face of considerable difficulties, not least the absence of guidance on the implementation of its statute in this regard and its limited resources, the ICC must make a firm commitment to the prosecution of gender-based crimes. The Article concludes with an analysis of three specific areas: (i) the necessity for the establishment of institutional arrangements for decision-making about prosecutions and investigations; (ii) the necessity for Member States to demonstrate commitment that such crimes will not be tolerated and (iii) the necessity for gender-based crimes to be expressly identified as international crimes.

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Galain Palermo, Pablo. "The Prosecution of International Crimes in Uruguay." International Criminal Law Review 10, no. 4 (2010): 601–18. http://dx.doi.org/10.1163/157181210x519036.

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AbstractThis article discusses the criminal trials carried out in Uruguay against civilian, military, and political functionaries who committed crimes, including crimes against humanity, during the period of civilian-military dictatorship lasting from 1973 to 1985. These criminal proceedings are analyzed in the contexts of transitional justice and international criminal law. Therefore, the first part of this article addresses the diverse phases of transitional justice in Uruguay while the second part analyzes fundamental aspects of criminal trials against 'state terrorists'.

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Stover, Eric, Mychelle Balthazard, and K. Alexa Koenig. "ConfrontingDuch: civil party participation in Case 001 at the Extraordinary Chambers in the Courts of Cambodia." International Review of the Red Cross 93, no. 882 (June 2011): 503–46. http://dx.doi.org/10.1017/s1816383111000439.

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AbstractThe Extraordinary Chambers in the Courts of Cambodia (ECCC) is unique because it is the first international criminal tribunal to allow victims of alleged crimes to act as civil parties at trial. This means that victims can have a role at the ECCC beyond being called as witnesses. After presenting the history of victim participation in national and international war crimes trials, this article examines how civil party participation shaped the trial proceedings at the ECCC, and how the civil parties viewed their interactions with the court. It concludes by reflecting on the positive and negative aspects of civil party participation in theDuchtrial, and what implications such participation may have for future trials at the ECCC and other international criminal courts.

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Ndubuisi, Nwafor, and Mukoro Benjamin Onoriode. "ICC and Afrocentrism: The Laws, Politics and Biases in Global Criminal Justice." Groningen Journal of International Law 6, no. 1 (August 31, 2018): 146. http://dx.doi.org/10.21827/5b51d55740ab8.

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The International Criminal Court (ICC) was established to prosecute the most serious crimes of concern to the international community as a whole. However, since its inception, the Court has been wholly focused on Africa in terms of indictments and trials. This has led many Africans, including state leaders, to question the integrity of the Court. While most explanations of the ICC’s focus on Africa have bordered on the political, this work attempts to find out the reason for the Court’s slant towards Africa in the very Statute by which it was established. Therefore, this paper finds that of the four broad crimes that the ICC has jurisdiction to try, three (crimes against humanity, war crimes and genocide) are more likely to occur in Africa, while the fourth (the crime of aggression), will more likely be perpetrated by or at the instigation of individuals in powerful States.

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Vajda, Maja Munivrana. "Domestic Trials for International Crimes – A Critical Analysis of Croatian War Crimes Sentencing Jurisprudence." International Criminal Law Review 19, no. 1 (January 30, 2019): 15–38. http://dx.doi.org/10.1163/15718123-01901002.

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This article will describe and critically reflect upon the sentencing practices of Croatian courts with respect to war crimes committed during the armed conflict in Croatia in the early 1990s. Over the past two and a half decades, more than 3,500 alleged war criminals have been put on trial, with some 600 finally being convicted. Yet many proceedings were initially commenced without sufficient evidence, in absentia and, arguably, with a bias towards ethnic Serbs. This article first seeks to determine whether ethnicity has played a role in prosecuting and sentencing for war crimes and then to identify to what extent sentencing goals and principles, including aggravating and mitigating factors, proclaimed by Croatian courts reflect the extraordinary nature of international crimes. An attempt is made to compare these sentences and principles with sentencing practices at the International Criminal Tribunal for the former Yugoslavia (icty).

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KRAMER, ALAN. "The First Wave of International War Crimes Trials: Istanbul and Leipzig." European Review 14, no. 4 (September 8, 2006): 441–55. http://dx.doi.org/10.1017/s1062798706000470.

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The Nuremberg tribunal following the Second World War is universally considered as the foundation stone of international law with regard to war crimes and crimes against humanity. It may come as a surprise, however, to learn that the first international attempts to prosecute war crimes and crimes against humanity came at the end of the First World War, with trials held at Allied prompting in Turkey and Germany.

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Hoven, Elisa, and Saskia Scheibel. "‘Justice for victims’ in trials of mass crimes." International Review of Victimology 21, no. 2 (March 2, 2015): 161–85. http://dx.doi.org/10.1177/0269758015571470.

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Sluiter, Göran. "The Law of International Criminal Procedure and Domestic War Crimes Trials." International Criminal Law Review 6, no. 4 (2006): 605–35. http://dx.doi.org/10.1163/157181206778992250.

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AbstractThis article deals with the question of possible effect of the law of international criminal procedure for domestic war crimes trials. With the increasing number of national prosecutions for war crimes this question will gain in relevance.The article starts with an exploration of the origin and development of the law of international criminal procedure, to reach the conclusion that because of the lack of a strong foundation it is difficult to discern firmly established rules in this field. Next, two areas are examined where the law of international criminal procedure is capable of producing effect for national trials: human rights and rules that have developed in the specific context of war crimes prosecutions.Whether rules of international criminal procedure are formally effective in the domestic legal order remains to be seen. There is no clear obligation under international law to do so. Furthermore, the law of international criminal procedure may be difficult to harmonise with domestic inquisitorial systems.In spite of these difficulties, the article concludes that national courts will increasingly face similar procedural problems in complex war crimes trials as international criminal tribunals and will be happy to learn from their experiences.

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Dembour, M. B. "Silencing Hearings? Victim-Witnesses at War Crimes Trials." European Journal of International Law 15, no. 1 (February 1, 2004): 151–77. http://dx.doi.org/10.1093/ejil/15.1.151.

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Howarth, Kathryn. "The Special Court for Sierra Leone – Fair Trials and Justice for the Accused and Victims." International Criminal Law Review 8, no. 3 (2008): 399–422. http://dx.doi.org/10.1163/157181208x308745.

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AbstractThis article examines the issues of a "fair trial" and "justice" at the Special Court for Sierra Leone. It considers these issues in a broad sense, from both the perspective of the accused and the victims, through the exploration of three specific topics: first, the idea of prosecuting "those bearing greatest responsibility" for crimes committed during the conflict in Sierra Leone, second, the first prosecution of the crime of recruiting child soldiers, and third, the first prosecution of forced marriage.

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Reynolds, E. Bruce, and Tim Maga. "Judgement at Tokyo: The Japanese War Crimes Trials." Pacific Affairs 75, no. 2 (2002): 302. http://dx.doi.org/10.2307/4127211.

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Mollah, Md Awal Hossain. "War Crimes Trials in Bangladesh: Justice or Politics?" Journal of Asian and African Studies 55, no. 5 (December 3, 2019): 652–65. http://dx.doi.org/10.1177/0021909619890117.

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The aim of this paper is to examine the trial process and standard of the International Crimes Tribunal (ICT) in Bangladesh. The main aim of the paper is to explore whether the trial is about justice or politics. Two International Crimes Tribunals (ICTs) have been established following the amended ICT Act 2009 after 40 years of independence. To date, more than 30 verdicts have been delivered by the tribunals and most of the accused have been proved to be war criminals, as collaborators with the Pakistani army, and involved in the politics of Jamaat who have penalized for capital punishment. Jammat is name of a political party in Bangladesh. Although the tribunal is named ‘the International Crimes Tribunal’, no international judges or prosecutors – like those who have taken part in the tribunals of Nuremberg, Tokyo, Rwanda, Yugoslavia or the permanent International Criminal Court of The Hague – have been involved in this trial process. The Pakistani military who were involved and accused as war criminals have also been excluded from prosecution. Therefore, a lot of criticisms have made about the trial process and standard; however, some unique features can be found, such as an appeal to the Supreme Court and a mercy petition to the President. It has also been proved that politics are involved in the war crimes and even the trial process, which is not influenced solely by the abstract notions of justice. The paper takes the form of a descriptive case study and is based on mainly secondary sources of information.

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Nice, Geoffrey. "Trials of Imperfection." Leiden Journal of International Law 14, no. 2 (June 2001): 383–97. http://dx.doi.org/10.1017/s092215650100019x.

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The speaker identifies the scale of the task facing the ICTY and ICTR. He speaks of the necessary procedural and personnel imperfections by which their performance is bound to be limited along with the imperfections of the people of the regions whose war crimes they deal with. He deals with some inevitable shortcomings in the lawyers and judges working at the tribunals and argues for the need to have personnel of the very highest quality doing the tribunals' work. He highlights the need to be truly objective about the tribunals and their work but expresses optimism about their potential beneficial effects.

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Zysman Quirós, Diego Arturo. "Punishment, Democracy and Transitional Justice in Argentina (1983-2015)." International Journal for Crime, Justice and Social Democracy 6, no. 1 (March 1, 2017): 88–102. http://dx.doi.org/10.5204/ijcjsd.v6i1.378.

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Latin America has neither suffered the majority of mass atrocities in the contemporary world nor the worst of them but, after a sustained period of transition to democracy, it holds the record for the most domestic trials for human rights abuses. Argentina is an emblematic case in Latin America and the world. Due to the early development of its human rights trials, their social impact and their scale, it has a leading role in what is known as ‘the justice cascade’. Until recently, leading scholars in sociology of punishment have studied the penality of ‘ordinary crimes’ through causally deep and global narratives largely from the perspective of the Global North. State crimes and regional paths of transitional justice have been neglected in their accounts. This paper will question this state of affairs – or ‘parallelism’ – through an exploration of the punishment of both ‘common crimes’ and ‘state crimes’ in Argentina, thus contributing to the growing body of scholarship on southern criminology.

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Plesch, Dan, and Shanti Sattler. "Changing the Paradigm of International Criminal Law: Considering the Work of the United Nations War Crimes Commission of 1943–1948." International Community Law Review 15, no. 2 (2013): 203–23. http://dx.doi.org/10.1163/18719732-12341252.

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Abstract More than 2,000 international criminal trials were conducted at the end of World War II in addition to those held by the International Military Tribunals (IMTs) at Nuremburg and Tokyo. Fifteen national tribunals conducted these trials in conjunction with an international war crimes commission established by these same states in October 1943 under the name, The United Nations Commission for the Investigation of War Crimes, that soon became the United Nations War Crimes Commission (UNWCC). The extensive work of the UNWCC and these tribunals serves as a source of customary international criminal law that relates directly to the current work of the International Criminal Court and the ad hoc tribunals in operation since the 1990s.

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Leebaw, Bronwyn. "Justice and the faithless: The demand for disobedience in international criminal law." European Journal of International Relations 24, no. 2 (July 17, 2017): 344–66. http://dx.doi.org/10.1177/1354066117715899.

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How is disobedience required under international criminal law? How do war crimes trials demand and seek to cultivate disobedience as a response to atrocity? It is widely recognized that international law may require disobedience as a response to domestic authorities that order or legalize war crimes, yet this obligation to disobey is commonly conceptualized as a kind of byproduct of efforts to establish compliance with international norms. Drawing on empirical and theoretical scholarship analyzing “crimes of obedience,” this article investigates the demand for disobedience as articulated in international legal conventions and in war crimes trials dealing with lower-level soldiers and civilian authorities. It argues that disobedience is an important response to war crimes and that the capacity to disobey abusive authorities does not follow logically or inevitably from a commitment to obey laws that criminalize their abuses. In international criminal law, the obligation to disobey abusive authorities has been articulated in ways that require the exercise of critical judgment, as well as moral and political agency, in order to overcome various pressures to obey domestic authority. Prominent theoretical explanations of compliance with international law not only neglect the importance of such skills, but call for strategies that are in tension with their development. Closer attention to the role of exemplary disobedience in the legal reasoning animating war crimes prosecutions, I suggest, could strengthen the pedagogical role of legal institutions as a response to criminal obedience and as interventions in the politics of memory.

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Yoshida, K. "Predrag Dojcinovic (ed.), Propaganda, War Crimes Trials and International Law: From Speakers' Corner to War Crimes." Journal of International Criminal Justice 11, no. 3 (June 27, 2013): 692–94. http://dx.doi.org/10.1093/jicj/mqt022.

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Douglas, L. "Genocide on Trial: War Crimes Trials and the Formation of Holocaust History and Memory." Holocaust and Genocide Studies 18, no. 1 (March 1, 2004): 135–38. http://dx.doi.org/10.1093/hgs/dch054.

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Wheeler, Caleb H. "Justice in the Absence of the Accused." Journal of International Criminal Justice 17, no. 2 (May 1, 2019): 413–30. http://dx.doi.org/10.1093/jicj/mqz016.

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Abstract Since the inception of the International Criminal Court, representatives of its various constituent parts have repeatedly emphasized the role the Court must play in vindicating the rights of atrocity crime victims. It is commonly thought that one of the best ways to achieve this goal is to ensure that trials are conducted against those individuals who are accused of committing crimes falling under the Court’s jurisdiction. There is also growing sentiment that trials should be held regardless of whether the accused is present. In particular, the Assembly of States Parties added Rules 134bis, 134ter and 134quater, all of which allow some portion of trial to take place in the absence of the accused. This article will examine whether the rights of the victims are adequately upheld by a trial held without the full participation of the accused. To do this, it will identify those goals victims hope a trial will accomplish and analyse whether they can be fulfilled in the absence of the accused. In particular, it will consider whether the victims’ interests in the truth-telling function of trial, and their need to see that justice has been done, can be met if the trial is held in the accused’s absence. The article also evaluates whether the benefits that victims might derive from such a trial are sufficient to outweigh the accompanying limitations trials in absentia have on the rights of the accused. This article will conclude that trials conducted without the accused being present do not meet all of the needs of victims and therefore those needs should not act as justification to limit the accused’s right to be present.

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Wittmann, Rebecca. "The Nuremberg Medical Trial: The Holocaust and the Origin of the Nuremberg Medical Code. By Horst H. Freyhofer. New York: Peter Lang Publishing. 2004. Pp. 209. Paperback, $35.95. ISBN 0-8204-6797-9." Central European History 39, no. 2 (May 19, 2006): 346–48. http://dx.doi.org/10.1017/s0008938906360128.

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In his examination of the Nuremberg Medical Trial conducted by the American Military Tribunal in 1946, Horst H. Freyhofer has not, in fact, written a book about an important war crimes trial; this is rather a book that ponders whether we can “comprehend” the crimes of Nazi doctors engaged in some of the most heinous medical experiments in history. This is a short volume that tries to cover too much: the Hippocratic oath; the history of human experimentation by doctors; the ethical implications of medical crimes from the beginning of “Western Civilization” to the present; and a theoretical analysis of medical ethics from Goldhagen, to Socrates, to Darwin, to Nietzsche, to Hegel. Freyhofer fails to provide a contextual examination of the medical trial or of Nazi trials in general. The book would have benefited greatly from an examination of the important literature on war crimes trials (Gary Bass, Belinda Cooper, Ian Buruma, Lawrence Douglas, Jörg Friedrich, Michael Marrus, and Mark Osiel, to name but a few). These scholars address key questions about the trope of the trial as a forum for the teaching of history lessons, as a political event, and for its success and failure in seeking justice in cases of mass atrocity. Freyhofer does not explore any of these avenues. Instead, the author's main thesis is that the trial “symbolizes a break, not so much with the image physicians have of themselves, but with the image patients have of themselves” (p. 11). Freyhofer argues that the trial made patients conscious—for the first time—that doctors did not always have their best interests at heart. While this is an interesting observation, it does not suffice to keep the reader engaged in the history of the trial.

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Gurevich, Liena. "Patriarchy? Paternalism? Motherhood Discourses in Trials of Crimes against Children." Sociological Perspectives 51, no. 3 (August 2008): 515–39. http://dx.doi.org/10.1525/sop.2008.51.3.515.

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Marong, Alhagi, and Chernor Jalloh. "Ending Impunity: The Case for War Crimes Trials in Liberia." African Journal of Legal Studies 1, no. 2 (2005): 53–80. http://dx.doi.org/10.1163/221097312x13397499735986.

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AbstractThis article argues that Liberia owes a duty under both international humanitarian and human rights law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the warring parties in the course of fourteen years of brutal conflict. Assuming that Liberia owes a duty to punish the grave crimes committed on its territory, the article then evaluates the options for prosecution, starting with the possible use of Liberian courts. The authors argue that Liberian courts are unable, even if willing, to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in post-conflict Liberia. The authors then examine the possibility of using international accountability mechanisms, including the International Criminal Court, an ad hoc international criminal tribunal as well as a hybrid court for Liberia. For various legal and political reasons, the authors conclude that all of these options are not viable. As an alternative, they suggest that because the Special Court for Sierra Leone has already started the accountability process for Liberia with the indictment of Charles Taylor in 2003, and given the close links between the Liberian and Sierra Leonean conflicts, the Special Court would be a more appropriate forum for international prosecutions of those who perpetrated gross humanitarian and human rights law violations in Liberia.

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Bush, Jonathan A. "Nathan Stoltzfus and Henry Friedlander, eds., Nazi Crimes and the Law (Cambridge: Cambridge University Press, 2008)." German Politics and Society 27, no. 3 (September 1, 2009): 77–93. http://dx.doi.org/10.3167/gps.2009.270304.

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Nathan Stoltzfus and Henry Friedlander, eds., Nazi Crimes and the Law (Cambridge: Cambridge University Press, 2008).Nazi Crimes and the Law, a collection of eleven studies introduced and edited by Nathan Stoltzfus and Henry Friedlander, is the best collection to appear in years on war crimes trials of Germans. The following paragraphs will attempt to describe what the various essays offer and why they matter.

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Wilson, Dean, David Walker, Stephen Garton, and Julia Horne. "Crimes and Trials: Australian Cultural History, No. 12." Labour History, no. 73 (1997): 263. http://dx.doi.org/10.2307/27516530.

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Khan, Mohammad Zahidul Islam. "Pathways to Justice for ‘Atrocity Crimes’ in Myanmar: Is There Political Will?" Global Responsibility to Protect 11, no. 1 (January 14, 2019): 3–41. http://dx.doi.org/10.1163/1875984x-01101003.

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What instruments and mechanisms are available to harness the ‘political will’ to pursue justice for the allegations of ‘atrocity crime’ in Rakhine, Myanmar? Analysing country’s ratification trend, declarations upon ratification on relevant global instruments, and interactions with the un on human rights issues, this paper reveals the ‘mind’ of Myanmar and its obligations. Exploring the mechanism of four International Crime Tribunals (icts), it outlines the pathways to pursue justice. Revealing the inadequacies of current actions by key state actors resulting in invidious outcomes that privilege impunity for atrocity crimes, the paper suggests ways to harness the political will to pursue justice. This paper contends that the establishment of an ict for the trial of atrocity crimes in Rakhine (ictm-R) would be best facilitated by: a consensus mandate to prosecute individuals and not the state; precisely defined jurisdiction; and provisions to integrate the host nation’s apparatus, buttressed by the advocacy of the right groups and media.

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McCoubrey, H. "The Armed Conflict in Bosnia and Proposed War Crimes Trials." International Relations 11, no. 5 (August 1993): 411–33. http://dx.doi.org/10.1177/004711789301100502.

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Dickson, Tiphaine, and Mark Hatfield. "The banality of liberal due process theory in international criminal law." Theoria, Beograd 60, no. 4 (2017): 5–34. http://dx.doi.org/10.2298/theo1704005d.

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International war crimes trials are normative pursuits par excellence; they are understandably deeply emotional affairs, as a result of the horrors and injustices that lead to their establishment. Since these trials emerge from political decisions, the fundamental challenge in international criminal law has been to try to conduct judicial proceedings uncontaminated by passion and politics. Contemporary legalism, inspired by democratic peace theory, argues that liberal polities are more likely to establish international war crimes tribunals than illiberal polities, and posits that these liberal courts are more likely to be driven by a commitment to due process. I argue that reliance on legalism (as a political theory) is misplaced: not only have illiberal states participated in the establishment of war crimes courts, but legalist claims obscure the fact that many proceedings have been marred by significant due process deficiencies. The U.S.-as the archetypically liberal legalist state-has not accepted to be held to the norms and institutional constraints emerging from institutions of international criminal justice that it has shaped and promoted. I begin to develop an approach that I call Kantian realism, which holds that states should only establish norms and institutions that they would willingly decree upon themselves.

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Yanev, Lachezar. "Dutch Criminal Justice for Ethiopian War Crimes." Journal of International Criminal Justice 17, no. 3 (July 1, 2019): 633–59. http://dx.doi.org/10.1093/jicj/mqz023.

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Abstract The past few years have witnessed a proliferation of universal jurisdiction proceedings in Europe, many of which concern asylum seekers suspected of committing international crimes in Syria and the wider region. Alongside the known practical challenges of such trials, these trials also raise a range of normative questions regarding inter alia the scope of universal jurisdiction and the applicable legal standards in such proceedings. This article unpacks several such questions through the lens of a recent Dutch case in which a former refugee, who was granted asylum in The Netherlands and later obtained Dutch citizenship, was tried and convicted by a local court in The Hague of war crimes committed in Ethiopia four decades ago. The judges used an amalgam of Dutch and (customary) international criminal law to convict the accused. They defined the charged war crimes in strict conformity with the standards established in international legislation and jurisprudence, relied exclusively on Dutch law to define one of the applied modes of criminal liability (co-perpetration), and synthesized Dutch and international law to define the other (command responsibility). To what extent does the notion of universal jurisdiction accommodate such choices of law, and how is the use of domestic criminal law on modes of liability in such proceedings compatible with the principle of legality?

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Kerstin, von Lingen. "La costruzione della memoria della "guerra pulita" sul fronte italiano: il processo Kesselring." PASSATO E PRESENTE, no. 76 (March 2009): 53–80. http://dx.doi.org/10.3280/pass2009-076003.

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- Is analysis of the trial against former German C-i-C Albert Kesselring, followed by a death sentence, and the subsequent public campaign aimed at his liberation, gives an explanation for the failure of British War Crimes Policy in Italy after 1945. The Kesselring trial and the clemency campaign in his favor are analyzed using the concept of deliberate memory formation politics. Particular emphasize is laid on German war memory, the public debate and the formation of a lobby defending accused war criminals. Kesselring's escape from the death sentence was further facilitated by the Italian refusal to execute the field marshal for political considerations in view of imprisoned Italian war criminals awaiting trial in Yugoslavia. With the trials program in Italy abandoned, the whole British war crimes policy was changed as a consequence. An analysis of discord between the German Mediterranean Veterans shows that the unity behind the Clean War myth was only at front cover. Keywords: Germany, History, Second World War, War criminals, Memory. Parole chiave: Germania, Storia, Seconda guerra mondiale, Criminali di guerra, Memoria.

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Cockayne, James. "Hybrids or Mongrels? Internationalized War Crimes Trials as Unsuccessful Degradation Ceremonies." Journal of Human Rights 4, no. 4 (October 2005): 455–73. http://dx.doi.org/10.1080/14754830500332621.

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Scharf, Michael P. "The Perils of Permitting Self-Representation in International War Crimes Trials." Journal of Human Rights 4, no. 4 (October 2005): 513–20. http://dx.doi.org/10.1080/14754830500332795.

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Martins, Mark S., and Jacob Bronsther. "Stay the Hand of Justice? Evaluating Claims that War Crimes Trials Do More Harm than Good." Daedalus 146, no. 1 (January 2017): 83–99. http://dx.doi.org/10.1162/daed_a_00424.

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An enduring dilemma in war is whether and how to punish those responsible for war crimes. In this essay, we analyze the most frequent criticisms made by war crimes trial skeptics, including the claims that such trials endanger prospects for peace by encouraging enemies to continue fighting, that they achieve only “victors’ justice” rather than real justice, and that, in any event, they are unnecessary due to the existence of more effective and less costly alternatives. We conclude, in accordance with a “moderate retributivism,” that when carried out consistently with established law and procedure, and when not dramatically outweighed by concerns that trials will exacerbate ongoing or future conflicts, prosecutions are a legitimate, and sometimes necessary, response to violations of the laws of war and international criminal law more broadly.

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Kovalev, Nikolai, and Alexander Smirnov. "The Nature of the Russian Trial by Jury." European Journal of Crime, Criminal Law and Criminal Justice 22, no. 2 (April 11, 2014): 115–33. http://dx.doi.org/10.1163/15718174-22022043.

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This paper explores the legal and political role of the jury system in contemporary Russia. It aims to examine whether trial by jury is an essential right of Russian citizens (jurata patriae) or, rather, a prerogative of the state (raison d’état). The main focus of the paper is the analysis of the Russian Constitution and the jurisprudence of the Constitutional Court of the Russian Federation. In particular, the authors consider a recent majority decision of the Constitutional Court, which uphold the constitutionality of the law that abolished jury trials for terrorist, espionage and other crimes against the state.

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Skibińska, Alina. "Perpetrators’ Self-Portrait." East European Politics and Societies: and Cultures 25, no. 3 (April 21, 2011): 457–85. http://dx.doi.org/10.1177/0888325411403923.

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The article is a fragment of a more comprehensive study and at the same time a continuation of the subject originated in the article “The Participation of Poles in Crimes against Jews in the Świętokrzyski” (Yad Vashem Studies, 2007, No 35). By the thorough analysis of the files of several dozen trials that had taken place in the courts of Kielce during the 1940s and 1950s, I am looking for the answers for the questions focused on such issues as specific and diverse circumstances in which the crimes emerged (direct reasons and situational conditions), perpetrators (their profile based on such criteria as position/function, age, marital status, education, financial and social status, etc.), witnesses (both of the defendant and the plaintiff), and defense (the analysis of the defense strategies and arguments used during the investigation and the main trial, as well as the pleas for parole and other letters applied to defend the accused people). Special emphasis is going to be laid on the final issue—defense strategies of the perpetrators—which should enable the reconstruction of the then and, probably, still unchanged, attitude of the villagers of central Poland toward the crimes committed there and their victims.

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Mälksoo, Lauri. "Stalin’s Soviet Justice. ‘Show’ Trials, War Crimes Trials, and Nuremberg, edited by David M. Crowe." Journal of the History of International Law / Revue d’histoire du droit international 22, no. 1 (February 12, 2020): 183–86. http://dx.doi.org/10.1163/15718050-12340139.

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Meron, Theodor. "Reflections on the Prosecution of War Crimes by International Tribunals." American Journal of International Law 100, no. 3 (July 2006): 551–79. http://dx.doi.org/10.1017/s0002930000031055.

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Just over sixty years ago, the international community, seeking to heal the wounds of a brutal war, embarked on a bold legal experiment. For the first time in history, legal mechanisms were invoked to bring to justice the perpetrators of war crimes and crimes against humanity in international tribunals specifically established for that purpose. The trials at Nuremberg and Tokyo were extraordinary and risky; and, above all, unique in their time.

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Ferizović, Jasenka. "The Case of Female Perpetrators of International Crimes: Exploratory Insights and New Research Directions." European Journal of International Law 31, no. 2 (September 2020): 455–88. http://dx.doi.org/10.1093/ejil/chaa037.

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Abstract Although conflicts are often considered to be an exclusively male domain, historical records of conflicts throughout the 20th century show that women also actively participate in warfare – not only as peace activists, humanitarian workers, health care providers, politicians and soldiers but also as perpetrators of crimes. Nevertheless, the participation of women in the commission of international crimes, such as war crimes, crimes against humanity and genocide, has long been considered an anomaly that falls beyond the ‘normal’ scope of conflict-related criminality. Consequently, this topic has been deemed marginal in scholarly circles and, until recently, has remained significantly under-researched. This article contributes to the existing research by presenting an original analysis of the characteristics of conflict-related criminality among women and of criminal prosecutions of female perpetrators of international crimes in modern conflicts, primarily focusing on World War II, and the wars in Bosnia and Herzegovina and Croatia. It further offers a first systematic overview and analysis of domestic trials of women prosecuted for international crimes before the courts in Bosnia and Herzegovina, Croatia and Serbia.

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Palmer, Nicola. "Immigration trials and international crimes: Expressing justice and performing race." Theoretical Criminology 25, no. 3 (April 19, 2021): 419–36. http://dx.doi.org/10.1177/13624806211009157.

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This article examines the performative collisions between the wrong of genocide and the invocation of this international crime as a means to secure carceral control of borders. Drawing on courtroom observations, legal transcripts and the media coverage of an immigration trial in the United States, the article explores the performative relationship between international criminal law and immigration law. It argues that this relationship helped to construct and racialize the category of the ‘criminalized migrant’ while establishing the perceived ‘civility’ of criminal law as a primary means of enacting domestic border control. While race was never made explicit in the trial, it emerged in a fractured but significant way, as the horror of the Rwandan genocide against the Tutsi reinforced the wrong of violating immigration law.

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Abad Castelos, Montserrat. "Foreign Terrorist Fighters and the UN Investigative Team to Support Domestic Efforts to Hold ISIS Accountable for War Crimes, Crimes Against Humanity and Genocide Committed in Iraq: Building a Bridge that Should Be Used." Age of Human Rights Journal, no. 16 (June 14, 2021): 1–30. http://dx.doi.org/10.17561/tahrj.v16.6302.

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After examining the United Nations Security Council (UNSC) resolutions referred to the foreign fighters who joined the ranks of ISIS in Iraq and Syria andthe UN Investigative Team to support domestic efforts to hold ISIS accountable for war crimes, crimes against humanity and genocide committed in Iraq (UNITAD or the Investigative Team) this article brings both contents together in order to ascertain whether there may be gaps or problems which should be addressed, since both developments were prompted by the UNSC. It is explored whether there may be certain inconsistencies, such as the one relating to the emphasis placed on different crimes, depending on the resolutions in question. Thus, those related to FTFs focus on terrorism crimes, while those related to UNITAD refer to atrocity crimes. Hereinafter the action and evolution of UNITAD is examined, in order to determine whether it might be helpful to overcome some existing barriers and avoid impunity for atrocity crimes. It will be concluded that UNITAD may provide substantial support, not only in relation to trials in Iraq, but also in third States, by providing useful tools or evidence to prosecute FTFs. Seizing this opportunity will require further action, which will be crucial to promote accountability and justice.

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Rogers, A. P. V. "War Crimes Trials under the Royal Warrant: British Practice 1945–1949." International and Comparative Law Quarterly 39, no. 4 (October 1990): 780–800. http://dx.doi.org/10.1093/iclqaj/39.4.780.

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Schabas, William A. "The Jelisić Case and the Mens Rea of the Crime of Genocide." Leiden Journal of International Law 14, no. 1 (March 2001): 125–39. http://dx.doi.org/10.1017/s0922156501000061.

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The December 1999 judgment of the ICTY in the Jelisić case is the first ruling on the merits from that court dealing with an indictment for genocide. The Trial Chamber concluded that the Prosecutor had failed to prove that genocide was committed and that consequently the accused could not be convicted as an accomplice to the crime. It went on to examine whether despite the absence of genocide on any widespread or systematic basis it was still possible for an individual, driven by genocidal intent, to commit one of the underlying crimes such as killing or causing serious bodily or mental harm. The Trial Chamber considered this a plausible hypothesis but ruled that this did not correspond to the facts of the case. Since the Jelisić ruling, the Preparatory Commission of the International Criminal Court has attempted to eliminate the lone génocidaire scenario in the Elements of Crimes. While the law remains unsettled, awaiting clarification from the Appeals Chamber, a wise prosecutorial policy would be to reserve international genocide prosecutions for serious cases involving organized and widespread crimes. Exaggerated attention to individual and isolated cases is a questionable use of valuable resources and risks diluting some of the terrible stigma now attached to the “crime of crimes.”

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Hamilton, Tomas, and Michael Ramsden. "The Politicisation of Hybrid Courts: Observations from the Extraordinary Chambers in the Courts of Cambodia." International Criminal Law Review 14, no. 1 (2014): 115–47. http://dx.doi.org/10.1163/15718123-01402005.

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The use of ‘hybrid’ tribunals as a means to secure accountability for international crimes seeks to combine national ownership over the trials whilst providing a framework for the inclusion of international standards and personnel in the proceedings. The Extraordinary Chambers in the Courts of Cambodia (ECCC) represents one such hybrid experiment. Yet the ECCC has faced recurring allegations of political interference. These allegations are substantial and even if not always verifiable at least create an appearance of impropriety. The failure of the ECCC and United Nations to adequately address these allegations derived from a hybrid model that failed to provide sufficient safeguards against interference. The international community agreed on a solution to secure accountability with awareness that the trials were likely to be politically tainted. As such, the experiment in Cambodia provides a cautionary tale for the future design of hybrid tribunals.

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Agbor, Avitus Agbor. "The Problematic Jurisprudence on Instigation under the Statute of the ICTR: The Consistencies, Inconsistencies and Misgivings of the Trial and Appeal Chambers of the ICTR." International Criminal Law Review 13, no. 2 (2013): 429–72. http://dx.doi.org/10.1163/15718123-01302003.

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As affirmed by international instruments, instigation is a recognised mode of participation in international crimes. The UN Convention on the Prevention and Punishment of the Crime of Genocide made punishable the inchoate crime of direct and public incitement to commit genocide. The Statute of the International Criminal Tribunal for Rwanda (ICTR) imported this inchoate crime. Furthermore, it included instigation as a mode of participation under Article 6(1) (which would lead to the imposition of criminal responsibility for the crimes). This double appearance of instigation under the Statute of the ICTR has been problematic to both the Trial and Appeal Chambers of the ICTR. Their jurisprudence on instigation is not just flawed, but also inconsistent and does not contribute to the evolution of instigation as a mode of participation in international criminal law.

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Vaisman, Noa, and Leticia Barrera. "On Judgment: Managing Emotions in Trials of Crimes Against Humanity in Argentina." Social & Legal Studies 29, no. 6 (January 28, 2020): 812–34. http://dx.doi.org/10.1177/0964663919900974.

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For over a decade, judicial accountability of mass human rights violations committed during the last civil-military dictatorship in Argentina (1976–1983) has been carried out in federal courts by regular judges, following the rules of the National Code of Criminal Procedure. Research on these trials has focused mainly on the victims and the accused. This article opens a different path by exploring the affective experiences of the judges presiding over and leading the trials. Based on interviews with 18 federal court judges and some participant observation, in this article we present a descriptive exploration of the judges’ experiences and sensemaking processes. We examine the complex interaction between the professional requirement to separate emotions from judgment and the emotional toll that these trials produce in the personal and professional lives of the judges. We end with short reflections on these crimes against humanity trials in the post-Transitional Justice context.

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Journal articles on the topic 'Trials (Political crimes and o'

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