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Begin New Search Topic Crimes Against Humanity Publishing Institution Public International Law Policy Group

1. Domestic Prosecution of International Crimes

Author:
Cleo Meinicke
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
In October 2018, the Bosnian state court indicted a former soldier of crimes against humanity for his involvement in the murder and enforced disappearance of civilians in the Kljuc area. In September of that year, a German court convicted Ibrahim Al F. for war crimes committed in Syria and in the same month a military tribunal in the Democratic Republic of the Congo found two military commanders guilty of crimes against humanity committed in the villages of Kamananga and Lumenje (South Kivu). These are just three recent examples of domestic efforts in the prosecution of those responsible for international crimes. Based on the complementarity principle of the International Criminal Court (ICC), where states are “unwilling or unable” to prosecute international crimes, the ICC may step in to prosecute those most responsible for the commission of the crimes under its jurisdiction, namely genocide, crimes against humanity, war crimes, and the crime of aggression. However, out of 28 cases before the Court since its inception in 2001 only three resulted in successful convictions. Several suspects were acquitted after lengthy proceedings, of which Gbagbo and Blé Goudé are the latest examples. Therefore, the ICC should be regarded as a last resort while domestic courts carry the main responsibility to prosecute those responsible for international crimes.
Topic:
Crime, International Law, Crimes Against Humanity, and International Criminal Court (ICC)
Political Geography:
Africa, Europe, Germany, Democratic Republic of Congo, and Bosnia and Hercegovina

2. To Be Genocide or Not to Be Genocide, That Is the Question

Author:
Phedra Neel
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
Between the 7th and 10th February 2019, Human Rights Watch organized, in cooperation with De Balie, the seventh edition of the Human Rights Weekend. This year’s topic was “Where do I stand” and invited the attendees to think about how they are (in)directly involved in human rights violations and how they can contribute in ending these violations. The program consisted of masterclasses, lectures, and documentaries. One of these documentaries showed the incredible story of Nadia Murad. Nadia is a Yazidi girl, who witnessed her community being murdered by ISIS. She was later captured herself and forced to become a sex slave. Today she is known as the most recent Nobel peace Prize winner for her global advocacy campaign to fight for the rights of the Yazidi. This campaign consists of addressing heads of states and governments, asking for help for the survivors and for the attack on her people to be considered as genocide. Whereas some states have indeed passed legislation that recognizes the events as genocide, others refuse to do so until the United Nations (UN) itself officially uses the word genocide to describe the atrocities.
Topic:
Genocide, Human Rights, Crimes Against Humanity, and International Criminal Court (ICC)
Political Geography:
Global Focus