A response to the American view as presented by Ruth Wedgwood

Hafner, Gerhard

doi:10.1093/ejil/10.1.108

Cited by 97 publications

(4 citation statements)

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“…A criminal trial opposed to crimes against humanity imposed from outside risks traumatizing populations and marks a serious social fabric that is jeopardized for peace processes by demolishing the fragile precondition balances (Hafner, Boon, Rübesame, Huston, 1999;Wedgood, 1999). The concrete infliction of punishment especially on political or ideological leaders in a conflictual context is seen as a sort of creating martyrs and provoking phenomena of violence.…”

Section: Punishment As a Means Of Restoring Peacementioning

confidence: 99%

Thoughts, analysis perspectives and critics of function of punishment in international criminal law

Liakopoulos¹

2023

YIECPL

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International criminal law constitutes, due to its intrinsic characteristics, a competition challenge at the universal level of norms and crimes which finds its most natural and logical manifestation through the final penalties provided for in the Statute of the International Criminal Court (StICC). The present work has as its object to analyze the punishment according to the StICC, the hypotheses of normative convergences that are established alongside the foreseen sentences, the jurisprudential cases, the verifiable convergences within the global international community where the sentences take place over the years, the path of harmonization, integration, evolution, development not so much of international criminal law but also of domestic law, the rationalization of accounts with internal justice which is never eliminated by the international one, snubbed towards a type of annihilating a priori inevitable phenomena against the impunity, the continuous violence against human rights and the strength of the victors and hegemons.

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Section: Punishment As a Means Of Restoring Peacementioning

confidence: 99%

Thoughts, analysis perspectives and critics of function of punishment in international criminal law

Liakopoulos¹

2023

YIECPL

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“…The crimes in the ICC's Statute are already established in international treaties and conventions and the Statute therefore does not create new laws 13 ; it establishes a new collective enforcement mechanism for already accepted universal norms. 14 This means that "the failure of the US to become a party to the ICC does not exempt its citizens from the universality already established." 15 Even though the ICC draws most immediately from territorial and national jurisdiction, it receives added support from the increasingly important notion of universal jurisdiction.…”

Section: Article 12 and The Icc's Jurisdictionmentioning

confidence: 99%

The “Monster That We Need to Slay”? Global Governance, the United States, and the International Criminal Court

Birdsall¹

2021

Understanding Global Cooperation

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The International Criminal Court is a new mechanism for the global governance of human rights that enjoys broad support from a large number of states. The United States expressed its hostile opposition especially in the early years, claiming that the ICC was harmful to US national interests. This attitude toward the court changed over the years, and a more pragmatic approach toward the ICC is now discernible. The United States had to acknowledge actions taken in opposition to the ICC started to be harmful to its own national interests and it also realised the national-interest utility the court has despite the deep-seated opposition to the concept of supranational sovereignty. This article looks at the reasons for US opposition, its initial hostile position, and changes in the US approach towards the ICC.

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“…22 It constitutes a major concession by a majority of states which supported a broader jurisdictional regime. 23 When consensus on the principle of the Court's automatic jurisdiction over states parties was emerging, the debate on requirements of state consent was transposed into the context of non-states parties. On the one hand, Germany, relying on the right of states to enforce crimes under international law through universal jurisdiction and their ability to do jointly what they can do alone, sought a Court with universal jurisdiction independent of any further consent.…”

Section: Jurisdiction Ratione Locimentioning

confidence: 99%

‘AmendedMost Serious Crimes’: A New Category of Core Crimes within the Jurisdiction but out of the Reach of the International Criminal Court?

Coracini¹

2008

Leiden Journal of International Law

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Article 121(5) Rome Statute provides for a specific regime for amendments to Articles 5–8 of the Statute. Its final clause precludes the exercise of the jurisdiction of the International Criminal Court over a crime covered by an amendment when committed by a national or on the territory of a state party which has not accepted the amendment. This provision has been understood as derogating from the Statute's general rules on jurisdiction. The present article argues that a stringent reading of the clause as well as a systematic and teleological approach warrant an alternative interpretation in conformity with the jurisdictional system of the Statute.

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A response to the American view as presented by Ruth Wedgwood

Cited by 97 publications

References 0 publications

Thoughts, analysis perspectives and critics of function of punishment in international criminal law

Thoughts, analysis perspectives and critics of function of punishment in international criminal law

The “Monster That We Need to Slay”? Global Governance, the United States, and the International Criminal Court

‘AmendedMost Serious Crimes’: A New Category of Core Crimes within the Jurisdiction but out of the Reach of the International Criminal Court?

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