International Criminal Law

International Criminal Law

  • Alan Clarke added an answer:
    Has individual accountability, particularly after the trial of Charles Taylor, become an inviolable norm of international law?
    The Nuremberg Trials set the tone for the evolution of a host of norms that eventually found their reflection in the Rome Statute. With over 122 Ratifications, the Rome Statute has come to be a guiding light on its own merit casting its luminance on those functions of sovereigns that hitherto were protected from 'public scrutiny'. There are serious debates as to whether by subscribing to the ICC nations are forsaking their sovereignty. The number of ratifications however are reflective of the emergence of a consensus amongst nations that no regime must violate individual right to life and dignity in the name of sovereign impregnability. Charles Taylor's conviction seems to suggest that the consensus is not merely a vote for morality. Or, is it?
    Alan Clarke · Utah Valley University
    A jus cogens norm is not dependent on focusing solely on the Rome Statute ratifications. The Nuremberg law was ratified by the UN General Assembly in 1948, and since then head of state accountability has been accepted by a variety of courts including the International Tribunal for the former Yugoslavia and the international Criminal Tribunal for Rwanda (both created by the Security Council). Other hybrid courts recognizing this form of liability include the Extraordinary Chambers of the Courts of Cambodia. Also the Pinochet decision out of the UK as well as Spain's extradition request and Chile's subsequent stripping of Pinochet of immunity. And while the US has not ratified the ICC it has tacitly approved liability for former heads of state in several instances, including the indictment of Bashir in Sudan, and providing evidence in the Pinochet case. While I have not made an exhaustive study of this specific issue I very much suspect that loss of head of state immunity has become a jus cogens principle of international customary law.
  • Patricia Dore Castillo added an answer:
    Corporations accused of Slavery/Forced Labor
    Dear colleagues! I am preparing a paper about Direct Involvement of Corporations in International Crimes and I am concentrating on the production industry, specifically the sugar industry and conditions of modern-day slavery (forced labor, human trafficking). In this sense, I am searching for academic articles and official information about: - corporations with direct involvement in international crimes (accused of...) - cases of slavery/forced labor imposed by a private company - sugar industry and slavery/forced labor - neutralization techniques used by these companies - the sugar industry in the Caribbean (Dominican Republic) Thank you in advance for any information you can provide!
    Patricia Dore Castillo · VU University Amsterdam
    Thank you very much Anthony!
  • Patricia Dore Castillo asked a question:
    Prisons housing inmates sentenced by the ICTY, ICTR and SCSL
    Me and a group of researchers from the Vrije Universiteit Amsterdam are conducting research on the level of custody and the range of services provided to prisoners who have been sentenced by the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), the Special Court for Sierra Leone (SCSL). Inmates sentenced by these courts are serving their sentences in a variety of countries that have participating agreements with the tribunals. At present, there are ICTY, ICTR and SCSL inmates spread around 14 European countries (Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Italy, Netherlands, Norway, Portugal, Spain, Sweden and UK) and 4 African countries (Benin, Mali, Rwanda and Tanzania). I would appreciate any information you have regarding: - correction system in any of these countries - individual prisons where these inmates are housed - the level of security and custody provided, and - any information about the daily routine they experience, including recreational, educational, and other rehabilitation services

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