Punishing Genocidaires: A Deterrent Effect or Not?

Complicity in International Criminal Law

“…100 The Permanent Military Tribunal in Strasbourg sentenced all the defendants to death, with the exception of one who was acquitted. 101 Huber was found 92 France v. Becker et al, (1948) 7 L.R.T.W.C. 67 (Permanent Military Tribunal at Lyon), at 70.…”

“…Tatherrschaft could be translated as 'control over crime' or, as Fletcher put it, 'hegemony over the act'. 101 Accessory is defined negatively as someone who does not have control over the execution of the crime. 102 An influential…”

“…100 Another important issue discussed in Binyam Mohamed judgment is Mohamed's argument that the UK breached its obligation of disclosure flowing from the particular status of the prohibition on torture in international law as a rule of jus cogens binding on states erga omnes. 101 Without questioning the jus cogens nature of the prohibition of torture, the court rejected Mohamed's argument, stating that at that time there existed no rule of customary international law obliging the UK to make a disclosure to Mohamed. 102 In arriving at this conclusion the court examined Article 41 of the ILC Articles on State Responsibility imposing on all states a two-fold obligation resulting from the breach of obligations under peremptory norms of international law: a positive obligation to co-operate to bring an end to the breach, and a negative duty not to render aid or assistance in maintaining the situation created by a breach of a peremptory norm.…”

“…The Chamber rejected as disproportionate the approach suggested by the prosecution to set the "baseline" or starting point for all sentences at approximately 80% from the statutory maximum of 30 years of imprisonment. 101 On the other hand, the Trial Chamber did not find any aggravating factors in the case at issue, while Lubanga's continuous cooperation despite multiple failures of the prosecution was considered a mitigating factor. 102 Moreover, when discussing the degree of participation of the convicted person, the judges attributed particular importance to the fact that the Chamber did not find that Thomas Lubanga meant to conscript and enlist boys and girls under the age of fifteen into the army and use them to participate actively in hostilities, but that instead he was aware that, in the ordinary course of events, this would occur.…”

Complicity in International Criminal Law

“…96 100 Ibid, at 41. 101 Ibid, at 42. complicit in the murders on the ground of his bending under pressure from Wagner and pronouncing the death sentences in the Ballersdorf trial. 102 A few decades later, in 1992, the French courts continued to use complicity in connection with international crimes.…”