The Global Prosecution of Core Crimes under International Law

Abstract

My quasijudicial role as Chairperson of one of the three Chambers of the Refugee Appeals Board in terms of the Refugees Act, Chapter 420 of the Laws of Malta, a function I have performed since August 2013, has increased my awareness about the distressing human tragedies that underlie the consummation of serious crimes of concern to the international community. These experiences, whilst broadening my horizons, have complemented my research, particularly by exposing the social dimension and the human element which are at the epicentre of the corpus juris of international criminal law. Indeed, human beings can only be free by being humble servants of the law. Hence I endorse the legal maxim legum servi sumus ut liberi esse possimus.

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

“…together with a decentralization of the repression of core crimes (Soler, 2019;Sato, 2021) is based on the competence of each State and where they have been committed towards a phenomenon of punishment without borders where the maximum violation of human rights continues to be a daily story. This retributive-symbolic aspiration is based on the preventive instance of punishment and that of appeasement 12 .…”

“…The complexity of the eligibility and possible functional relocation of remuneration appears a mere flatus vocis in the face of the enormity of the facts that compensate for the seriousness (Shaked, 2015) 23 . Retribution in the face of core crimes (Soler, 2019) in terms of dimension skips any compensation parameter and any penalty, even that of death, appears disproportionate by default (Merle, 2009). Thus even a high sentence remains incapable and meaningless in the face of the enormity of the facts committed and victimization effects arise which in reality publicly create martyrs for those responsible.…”

Cultural heritage, international criminal law and protection of human rights between history and jurisprudence

“…In the Jokić case, the ICTY affirms: "(...) that the prosecution had discharged its probative burden of demonstrating that the siege of the ancient city of Dubrovnik had not occurred for military necessity since, according to the judges, it could be presumed that the city was a demilitarized area by virtue of its inscription in the world cultural heritage list (…)" (Schabas, 2010;Soler, 2019) 27 .…”

“…War crimes require that the active and passive subject of the violation belong to the opposing sides in the conflict and constitute the so-called: inter-party offenses (Soler, 2019;Liakopoulos, 2019;Ambos, 2022) 35 .…”

Understanding South Africa’s Changing Positions on International Criminal Justice: Why the country wanted to withdraw from the International Criminal Court (ICC) and why it may remain in the ICC for the time being?1

“…This has come about in part because of a change in the presidency. Nowadays, President Cyril Ramaphosa seems less in favour of South Africa's withdrawal (Soler, 2019).…”