Fannie Lafontaine

• Université Laval

Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of internation...

This article addresses, in light of recent developments, two of Cassese’s proposed avenues for a sensible notion of universal jurisdiction: the requirement of the presence of the accused and the idea of subsidiarity. It argues that the debate on presence has essentially moved to the theoretical stage since most states now make it a requirement for...

This post examines Canada’s approach and some of the challenges it faces in living up to its commitment to fight impunity for the worst international crimes. The points and ideas discussed herein are fleshed out in an upcoming article and book.

Canada was the first state to adopt implementing legislation following its ratification of the ICC Statute. Adopted in 2000, the Crimes against Humanity and War Crimes Act was tested for the first time in the Munyaneza case. In May 2009, Mr Munyaneza was convicted on all counts of genocide, crimes against humanity and war crimes and, in October, wa...

The interaction between and compatibility of peace and security, on the one hand, and justice on the other, are at the heart of a raging debate that plays out in most if not all postconflict settings, as well as in situations of ongoing violence and human rights abuses. Yet, the idea that individual criminal accountability for the gravest internati...

This study offers an analysis of "when" and "how" Canada may -or must- exercise jurisdiction over suspected perpetrators of genocide, crimes against humanity and war crimes. The first part looks at the legislative choices made in the Crimes against Humanity and War Crimes Act as to temporal, territorial and extraterritorial jurisdiction, including...

The Crimes against Humanity and War Crimes Act presents an interesting mosaic of law applicable to the domestic prosecution of genocide, crimes against humanity and war crimes. The definitions of offences refer essentially to international law, whereas the available defences, justifications and excuses are those of both Canadian law and internation...

This paper will focus on this contribution that Canada can bring to the global international criminal justice enterprise through the steady and non-selective use of the universal jurisdiction provision of the Crimes against Humanity and War Crimes Act.

Review of the book whose focus is on the three jurisdictions active at the time of its preparation (2002-2003): the Serious Crimes Panel in the District Court of Dili (East Timor); the ‘Regulations 64’ Panels in the District Courts of Kosovo and the Special Court for Sierra Leone. It also discusses a fourth one, the so-called Extraordinary Chambers...

The Sandoval decision is the first Supreme Court ruling on the non-applicability of the amnesty law to a conviction and sentence. This paper shall attempt to address the issues relevant to international criminal law discussed by the Supreme Court, while also noting and discussing the fundamental issues that the Court disappointingly refrained from...

The complexity of the relationship between international security and international criminal justice.

On the occasion of the 25th anniversary of the Canadian Charter of Rights and Freedoms, the authors situate the Canadian human rights evolution in an international context.

This paper studies the relationship between international criminal justice and international security by the revision of the Statute of the International Criminal Court with respect to the crime of aggression.

This post will address two main issues: the international context in which this decision by the Canadian authorities takes place and Canada’s responsibilities in the global endeavour to ensure that justice is done for those suspected of involvement in the worst international crimes.