The Systemic Effect of International Human Rights Law on International Criminal Law

Galand, Alexandre Skander

doi:10.1017/9781108584623.004

Cited by 3 publications

(2 citation statements)

References 36 publications

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“…Legal borrowings from different regimes are not per se objectionable if re-contextualised to the recipient system. 360 Accordingly, without adjusting the remits of the borrowed IHRL's definition, such as on the right to a healthy environment, the ICC judges would be granted unparalleled power to adjudge what should be unjust and hence criminalised. That being said, this section detracts from advocating in favour of literally importing the IHRL's rationale on the right to a healthy environment to the field of ICL.…”

Section: Ecocide Before the International Criminal Courtmentioning

confidence: 99%

Ecocide Before the International Criminal Court: Simplicity is Better Than an Elaborate Embellishment

Palarczyk

2023

Crim Law Forum

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In 2021, with their proposals of a new definition of ‘ecocide’, the Independent Expert Panel for the Legal Definition of Ecocide (‘IEPLDE’) and the Promise Institute for Human Rights (‘UCLA’) Group of Experts reignited the discussion on expanding the International Criminal Court’s (‘ICC’ or ‘Court’) jurisdiction over the gravest instances of environmental degradation. The proposed definitions form part of the broader campaign towards the international criminalisation of ‘ecocide’ and its prosecution before the ICC. This discussion challenges such ambitions, arguing that, in its current form, the Court would be unable to produce environmentally-satisfactory results. It underscores that the human-centric fundaments of modern international criminal law (‘ICL’) prevent the ICC from fusing different approaches and values governing international environmental law (‘IEL’) into its institutional design. A middle-ground is proposed instead: rather than surrendering the pursuit of environmental justice before the ICC or risking a ‘symbolic’ revolutionisation, the focus should be re-oriented on maximising the ‘environmental’ potential of the current statutory framework. This approach aligns with the strive towards greater ‘internationalisation’ of international courts and tribunals, encouraging more eager analysis of their statutory provisions from multiple perspectives and in the context of a variety of cross-sectoral international law norms, objectives, principles, and approaches. Two possible directions for progression in that regard are proposed: (i) more resourceful translation of environmental realities into the substantive prohibitions of war crimes and (ii) more active reliance on and application of a ‘greened’ scope of Articles 21(3) and 7(1) of the Statute.

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Section: Ecocide Before the International Criminal Courtmentioning

confidence: 99%

Ecocide Before the International Criminal Court: Simplicity is Better Than an Elaborate Embellishment

Palarczyk

2023

Crim Law Forum

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“…Even in the absence of an express provision to that effect, it is inescapable that the IACC would have to operate within the constraints of international human rights law. 57 This raises the question of what happens if the respective corruption offence is not criminalised in the relevant state(s), ie, the state of the defendant's nationality and (if different) the state where the defendant's conduct took place.…”

Section: The Principle Of Legalitymentioning

confidence: 99%

The Proposal for an International Anti-Corruption Court: What Law Should the Court Apply?

Moiseienko

2023

Trans Crim L Rev

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In 2014, US federal judge Mark Wolf proposed the establishment of an International Anti-Corruption Court (IACC) to redress the impunity enjoyed by corrupt officials in some countries. An essential aspect of the IACC’s functioning, should the proposal ever take off, would concern the substantive law that it applies. Since no international court or tribunal has yet adjudicated the criminal offences of corruption, one cannot learn directly from current international experience, but must reason from first principles instead. In dealing with the overarching question of what law the IACC should apply, one needs to take into account various factors, which this article considers in turn, including: (a) the objectives of the IACC; (b) the (incomplete) international consensus on the definition of corruption; (c) the effect of prosecuting money laundering offences on the IACC’s jurisdictional reach; (d) the risks of deferring to domestic laws of the state where the alleged offence took place; and (e) the implications of the principle of legality, often expressed in the Latin maxims nullum crimen sine lege and nulla poena sine lege.

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Ecocide, environmental harm and framework integration at the international criminal court

Gillett

2024

The International Journal of Human Rights

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The Systemic Effect of International Human Rights Law on International Criminal Law

Cited by 3 publications

References 36 publications

Ecocide Before the International Criminal Court: Simplicity is Better Than an Elaborate Embellishment

Ecocide Before the International Criminal Court: Simplicity is Better Than an Elaborate Embellishment

The Proposal for an International Anti-Corruption Court: What Law Should the Court Apply?

Ecocide, environmental harm and framework integration at the international criminal court

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