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Begin New Search Topic International Criminal Court (ICC) Publishing Institution Public International Law Policy Group

1. International Criminal Liability in the Age of Social Media: Facebook's Role in Myanmar

Author:
Isabella Banks
Publication Date:
02-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
Criminal liability in international law is unique from that of most national legal systems in that it extends to those physically distant from the crime. International law’s expanded notions of criminal liability and commission are what have made it possible for justice institutions – first the Nuremberg International Military Tribunal (IMT) in 1945 and now the International Criminal Court (ICC) – to hold high-level perpetrators who order, plan, coordinate, or facilitate mass atrocities from afar accountable for their actions. A question that international legal authorities have largely left unanswered is how this expanded notion of criminal liability might be applied in the age of global online networks and in particular, social media. There is mounting evidence that in addition to helping us stay connected and “bring the world closer together,” social media platforms are being used to proliferate ideas that result in real-world violence.
Topic:
Crime, International Cooperation, Violence, and International Criminal Court (ICC)
Political Geography:
Myanmar and Global Focus

2. 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

3. 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

4. Basis and Implications of the ICC's Ruling Against Myanmar

Author:
Tanushree Nigam
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
n a major decision, the International Criminal Court ruled on September 6, 2018 that the Court may exercise jurisdiction over the crime of alleged deportation of the Rohingyas from Myanmar to Bangladesh. The Pre-Trial Chamber accepted the OTP’s argument that the Court may exercise jurisdiction over the crime of cross border deportation of Rohingyas even though the alleged crime had been committed in Myanmar which is not a State Party. The Pre-Trial Chamber stated that this could be done as some “elements of the crime” had taken place in the territory of Bangladesh, which is a State Party. This judgment makes a towering statement that ICC’s jurisdiction is objective rather than subjective in nature. In this post, I discuss the basis and implications of the Chamber’s findings.
Topic:
Legal Theory, International Criminal Court (ICC), Humanitarian Crisis, and Deportation
Political Geography:
Africa, Asia, South Korea, North Korea, and Myanmar

5. The Legal Aspects of the MH17 Disaster: What Next?

Author:
Emma Bakkum
Publication Date:
06-2017
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
The most often discussed legal avenue is criminal law, under which individual perpetrators can be held accountable for the crimes they committed. Not only those directly responsible but also those who ordered, conspired to or aided and abetted the shooting down of MH17 can be held responsible. These individuals can be prosecuted both at the national level in domestic courts or at the international level, at the International Criminal Court (ICC) or a specially established tribunal. Criminal law, however, requires a high burden of proof. Not only needs to be proven that an individual has committed a criminal act but also that the individual did so with the required knowledge and intent, making it difficult to prosecute individuals. Under the circumstances of the MH17 situation, investigations are strenuous. Jeroen Akkermans, who was one of the first investigative journalists present at the crash site, underlined the problems with gathering evidence.
Topic:
Crime, Law, Legal Theory, and International Criminal Court (ICC)
Political Geography:
Europe, Malaysia, Ukraine, and Asia