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This book centres on the forms of participation in crime set out in the Rome Statute, but it is definitely not a simple repetition or summary of the views expressed in the ICC case law. Instead, the work critically elaborates on the ICC practice and presents a theoretical and dogmatic description of modes of criminal responsibility that might be found in the Statute. The element of novelty is however brought about by the methodology, which encompasses a normative analysis based on the distinction between the categories of sanctioned and sanctioning norms initially introduced by K. Binding in the German doctrine, but for the purposes of this book adjusted to the structure of international core crimes and reconciling them with the grounds for criminal responsibility as such. Moreover, the work does not avoid bold assertions concerning the norms of participation in crime concerning inter alia the concept of spectator or public approval and/or direct incitement to genocide. This approach should be of particular interest to those who are under the impression that international criminal law is entangled in a multiplicity of labels and the judicial practice sometimes adopts the same requirements without any further thought or analysis. The book aims to trigger a broader debate on the merits and rationale of participation in crime and encourages readers to rethink some of the concepts developed within judicial practice. The work also takes into consideration the ICC case law, in particular some tendencies that might be inferred from the separate and concurring opinions in the Ntaganda case. All in all, it endeavours to reflect on the content of Article 25 (3) and 28 of the Rome Statute and provide an answer on how ICC practice might and perhaps should evolve further. Aleksandra Nieprzecka is a member of the Polish Bar Association in Kraków and worked as a principal researcher in the project concerning the model of participation in crime adopted in the Rome Statute carried out at the Jagiellonian University in Kraków where she finished her doctoral studies according to the co-tutelle agreement between the Jagiellonian University in Kraków and the University of Hamburg.
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The starting point of this book is the generally shared observation that in violence-torn areas of limited statehood, the civilian population is often subject to deliberate attacks. This violence often escalates to core crimes such as war crimes, crimes against humanity and even genocide. The International Criminal Court (ICC) could potentially deter such crimes. In order to do so, it largely depends on the cooperation of the states on the territory of which alleged core criminals operate. Since such states are often unwilling or unable to cooperate, the book explores whether the ICC could instead seek assistance from international forces such as UN peace support operations, UN-mandated missions, and belligerent occupants. The book covers, on the one hand, the law and practice of the UN Security Council with regard to mandating international forces to arrest and transfer alleged offenders to the ICC or to other international courts. On the other, it addresses to what extent international forces may or must hand alleged offenders over to the ICC, regardless of such mandates. More precisely, the book examines whether the duties to prosecute genocide, torture, enforced disappearance, grave breaches and other war crimes apply extraterritorially and – if so – whether international forces can discharge these duties by transferring suspects to the ICC. At the same time, the book addresses the limitations to such extraterritorial action: firstly, to what extent the prohibition of the use of force and the principle of territorial sovereignty restrict extraterritorial deprivations of liberty and transfer to the ICC. Secondly, it explores the restrictions and permissions that the law of occupation and other norms of international humanitarian law impose on such apprehensions and transfers. Finally, it discusses how international forces can uphold the right to liberty and security as well as the principle of non-refoulement when they extraterritorially apprehend ICC suspects. This also reflects the book’s relevance with regard to the more general debate on the extraterritorial application of human rights.
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This book provides a comprehensive account of one significantly underreported aspect of violence affecting young refugee girls today, that of forced child marriage. It examines the ongoing, insidious practice via the lens of international human rights laws and contextualising human rights laws and discourses in relation to Middle Eastern, Islamic, and Jordanian understandings of international law and human rights, where the practice in directly impacting young Syrian refugee girls who are seeking refuge in Jordan with their displaced families. The book finds that in a juxtaposition of human rights definitions and obligations, between the traditional and modern, the religious and the secular, there are mixed implications for the realisation of universal human rights and that this has consequences for the most vulnerable—child refugees. As a result, Syrian children exist in a precarious situation. They are living in a foreign state with an unclear legal status, are largely unidentified, and, in effect, stateless. It is in this liminal space that Syrian children are vulnerable and voiceless and highly exposed to forced marriages and the resultant violence and possibly death. While allowed to continue, the practice of child marriage not only severely impedes upon progressive international human rights efforts to eliminate gender-based violence, slavery, and discrimination, but significantly impacts on children’s physical, mental and emotional health, and their opportunities for growth and development in society. As a case study this book seeks to inform how vulnerable Syrian children have come to be increasingly confronted by child marriage and to consider why it occurred and continues to occur, even though the idea of children being forcibly marriage is considered ethically and legally objectionable within international human rights law. "This insightful and empathetic study into the nefarious global practice of child marriages is important reading for those seeking to understand this contemporary issue. The case study of child marriage in Syrian refugee populations languishing in refugee camps in Jordan highlights the impacts of this pernicious activity, as well as the need for urgent national and international response. The book is especially timely for those working in the field seeking to identify possible mechanisms for leverage in order to stop this abusive practice and for this the author is to be congratulated." Dr Johanna Garnett, Senior Lecturer in Sociology and Peace Studies, University of New England, Armidale. .
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Aid organizations usually embrace the idea of digitalization, both in terms of using diverse technologies and processing data digitally for improving their services, making their operations more efficient and even mitigating various risks. While digital fundraising, the use of biometric ID systems or digitalized cash and voucher assistance enjoys widespread attention both in academic and practitioner circles, it is less known how aid organizations navigate between counterterrorism legislations and data protection laws in technical terms. Limiting the discussion to the EU General Data Protection Regulation and by conceptualizing screening — commonly used to prevent the use of donor money for illicit purposes, money-laundering, terrorism finance or corruption — as a data processing operation conducted by larger international aid organizations operating in the Global South, this book focuses on the matter of ‘transparency’ and ‘right to information’ being at the nexus ofsurveillance studies and privacy studies. By means of legal and social science methods, it simultaneously explores screening in light of classic surveillance and analyses whether opacity around screening by NGOs (data controllers) is in line with the spirit of European Union data protection regime from the perspective of individuals (data subjects). In so doing, Paragi also contributes to the discussion on the politics of transparency and highlights the dilemmas and challenges aid organizations operating in authoritarian regimes or conflict settings may face. Beata Paragi is Associate Professor at the Institute of Global Studies at Corvinus University of Budapest. She earned her PhD in Political Science (Multidisciplinary International Relations) in 2008, and additionally holds a MA-degree in ICT Law from the University of Oslo (2022). Her research interests and teaching focus on development and humanitarian studies, the digital dimension of aid operations, the Israeli-Palestinian conflict, and qualitative research methods.
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Volume 25 of the Yearbook of International Humanitarian Law (IHL) sheds light on the interplay between IHL and other adjacent branches of international law. This Volume moves beyond the traditional preoccupation of examining IHL’s relations with international human rights law, the law on the use of force and international criminal law. Authors were invited to discuss, both in general and specific terms, doctrinally and theoretically, interactions between IHL and other neighbouring frameworks. Accordingly, this Volume is dedicated to exploring the interrelationship between IHL and other adjacent frameworks, such as international environmental law, international investment law, the law on defences to state responsibility, and counter-terrorism law. The Volume contains four articles dedicated to the subject of IHL and neighbouring frameworks. The Volume further features a Focus section on IHL controversies arising from Russia’s aggression against Ukraine, and ends, asusual, with a Year in Review section. The Yearbook of International Humanitarian Law is a leading annual publication devoted to the study of international humanitarian law. The Yearbook has always strived to be at the forefront of the debate of pressing doctrinal questions of IHL, and will continue to do so in the future. As this Volume demonstrates, it offers a space where IHL-related issues can be explored both from a doctrinal and a theoretical perspective. It provides an international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers, and students.
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This book offers an in-depth analysis of the problem of mistakes of fact in connection with the law of state responsibility – mistakes which have significant implications for global governance and legal certainty that have yet to be fully mapped out in contemporary international law. The book begins by defining the underlying problem: the abundance of cases in which states have unintentionally violated international law and the law of state responsibility’s apparent silence regarding the juridical consequences of such errors. In turn, it addresses three key areas of state responsibility. First, it explores how mistakes of fact can influence the analysis of attribution in international practice. Second, it addresses the implications of mistakes of fact in identifying “breaches” of international law. This includes a range of case studies, such as state responsibility for accidentally shooting down civilian aircraft or for the accidental killing of civilians on the part of state agents. Thirdly, the book delves into how mistakes of fact can preclude responsibility for established breaches of international law, either on their own or within the matrix of existing defenses. This book is primarily intended for researchers focusing on the international law of state responsibility. Its aim is to spark a discussion about how to address important aspects of state practice that existing instruments do not exhaustively codify. As it seeks to provide clarity on existing state practice regarding mistakes of fact, the book will also benefit professionals whose work involves issues of state responsibility in practice. .
International law. --- Mediation. --- Dispute resolution (Law). --- Arbitration (Administrative law). --- International criminal law. --- Humanitarian law. --- Public International Law. --- Dispute Resolution, Mediation, Arbitration. --- International Criminal Law. --- International Humanitarian Law, Law of Armed Conflict. --- Sources and Subjects of International Law, International Organizations.
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The war in Ukraine is fast approaching its second anniversary since its commencement on 24 February 2022 as a blatant aggression by Russia. As we discuss in detail in this book, there are multiple international legal issues that arise and require addressing. What is more, the very international legal order is under threat, insofar as the fundamental international law obligations are not being complied with and the basic international rules are utterly ignored. This book discusses a number of international law issues arising from the war in Ukraine. It covers not only the traditional subjects of war, such as jus ad bellum, international criminal law, and the law of neutrality, but also the relatively new issues arising from the economic sanctions against Russia, including aspects of the WTO law and international investment law. This book provides the readers with opportunities to reconsider the various legal aspects of the war in Ukraine.
International law. --- International criminal law. --- Humanitarian law. --- Trade regulation. --- Public International Law. --- International Criminal Law. --- International Humanitarian Law, Law of Armed Conflict. --- International Economic Law, Trade Law. --- Sources and Subjects of International Law, International Organizations.
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This monograph provides a practical and operational perspective to the question of how to lawfully employ autonomous weapon systems (AWS) from the point-of-view of the technology's end-users: field commanders. While there is international consensus that targeting rules such as proportionality and precautions must be respected when using AWS, there is legal and practical ambiguity as to how to translate this normative commitment into practice. How are commanders in the field, when guns are already blazing, expected to exercise command-and-control when ordering AWS-attacks, and ensure that their targeting obligations remain fulfilled? The book discusses how commanders can use existing targeting frameworks to ensure that their use of AWS remains in compliance with the rules governing the conduct of hostilities. It invites the reader to step into the shoes of the military commander with all the operational pressure and uncertainty inherent to this position, and explores amongst others: - How to maintain control of AWS throughout a targeting cycle; - How to make informed and reasoned deployment decisions by analysing information related to the technical parameters of the AWS, the characteristics of the operational environment, and enemy countermeasures; - Under which circumstances AWS may not be used under targeting rules, such as indiscriminate attack, proportionality and the duty to cancel/suspend; - What extra precautionary measures unique to AWS technology can and should be employed; - When it is militarily desirable to employ AWS over other alternatives; and - Under what circumstances criminal liability may be attributed for AWS-related harm. It offers both academic and practical outputs: new legal and doctrinal insights on the technology that is useful for future legal developments, and workable recommendations and efficient flowcharts that can be adopted by commanders, military organisations or policymakers to ensure IHL-compliant deployment of AWS. Dr. Jonathan Kwik is a researcher at the T.M.C. Asser Institute in The Hague specialised in artificial intelligence and targeting law, and is a member of the Board of Experts of the Asia-Pacific Journal of International Humanitarian Law.
Information technology --- Mass media --- Humanitarian law. --- Artificial intelligence. --- International law. --- International criminal law. --- IT Law, Media Law, Intellectual Property. --- International Humanitarian Law, Law of Armed Conflict. --- Artificial Intelligence. --- Public International Law. --- International Criminal Law. --- Law and legislation.
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This book centres on the forms of participation in crime set out in the Rome Statute, but it is definitely not a simple repetition or summary of the views expressed in the ICC case law. Instead, the work critically elaborates on the ICC practice and presents a theoretical and dogmatic description of modes of criminal responsibility that might be found in the Statute. The element of novelty is however brought about by the methodology, which encompasses a normative analysis based on the distinction between the categories of sanctioned and sanctioning norms initially introduced by K. Binding in the German doctrine, but for the purposes of this book adjusted to the structure of international core crimes and reconciling them with the grounds for criminal responsibility as such. Moreover, the work does not avoid bold assertions concerning the norms of participation in crime concerning inter alia the concept of spectator or public approval and/or direct incitement to genocide. This approach should be of particular interest to those who are under the impression that international criminal law is entangled in a multiplicity of labels and the judicial practice sometimes adopts the same requirements without any further thought or analysis. The book aims to trigger a broader debate on the merits and rationale of participation in crime and encourages readers to rethink some of the concepts developed within judicial practice. The work also takes into consideration the ICC case law, in particular some tendencies that might be inferred from the separate and concurring opinions in the Ntaganda case. All in all, it endeavours to reflect on the content of Article 25 (3) and 28 of the Rome Statute and provide an answer on how ICC practice might and perhaps should evolve further. Aleksandra Nieprzecka is a member of the Polish Bar Association in Kraków and worked as a principal researcher in the project concerning the model of participation in crime adopted in the Rome Statute carried out at the Jagiellonian University in Kraków where she finished her doctoral studies according to the co-tutelle agreement between the Jagiellonian University in Kraków and the University of Hamburg.
Law of armed conflicts. Humanitarian law --- International law --- Public law. Constitutional law --- Criminal law. Criminal procedure --- internationaal recht --- publiek recht --- International criminal law. --- International law. --- Humanitarian law. --- International Criminal Law. --- Public International Law. --- International Humanitarian Law, Law of Armed Conflict.
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This book embarks on a comprehensive exploration of the jurisdiction of the International Criminal Court (ICC) and elucidates the three foundational aspects of its jurisdiction as laid out in the Rome Statute: the preconditions for exercising jurisdiction (Article 12 ICCRSt), its substantive competence regarding core crimes (Articles 5-8bis ICCRSt), and the principle of complementarity (Article 17§1(a) ICCRSt). This principle, crucial to understanding the ICC’s ‘ultimate jurisdiction’, is invoked only when a State Party demonstrates an inability or unwillingness to genuinely undertake investigation or prosecution. The book further probes the ‘negative preconditions’ of the Court’s jurisdiction, in particular, immunities (Article 27 ICCRSt) and exceptions through Security Council referrals (Articles 13(b) and 15 ICCRSt). Intended for students, scholars, and practitioners alike, this second edition offers invaluable insights into the ICC’s jurisdiction, making a notable contribution to the existing literature. Importantly, it also navigates emerging fields of international criminal law, addressing topical and thought-provoking subjects such as ecocide, cyber warfare, automated lethal weapons, artificial intelligence, and the legal complexities arising from the Russian invasion of Ukraine.
Criminal procedure (International law) --- Jurisdiction (International law) --- International Criminal Court. --- International criminal law. --- Humanitarian law. --- International law. --- Human rights. --- International organization. --- International Criminal Law. --- International Humanitarian Law, Law of Armed Conflict. --- Sources and Subjects of International Law, International Organizations. --- Public International Law. --- Human Rights. --- International Organization.
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