The Antonio Cassese Initiative for Justice, Peace and Humanity was founded to continue Antonio Cassese’s legacy and to promote global education, training, and research in the areas of human rights, peace, international justice, transitional justice, and development. To further its mission, the Cassese Initiative has issued a call for papers on new perspectives in international criminal law.
Abstracts, limited to 400 words, are due July 1st, 2013. Note that papers will be accepted only from students and young professionals under the age of 30.
Five abstracts will be selected and the authors will be invited to elaborate upon their ideas in a paper of around 8000 words. From these papers, one will be awarded the Cassese Initiative Prize and the author will receive a collection of books from Oxford University Press and her paper will be submitted for publication in the Journal of International Criminal Justice.
BOOK: From the Judge’s Arbitrium to the Legality Principle: Legislation as a Source of Law in Criminal Trials
Duncker & Humblot published a volume edited by Georges Martyn (UGent), Anthony Musson (Exeter) and Heikki Pihlajamäki (Helsinki) in the Comparative Studies in Continental and Anglo-American Legal History Series. The book (407 p., € 89,90) covers the legality principle in criminal affairs.
The legality principle characterizes all western legal systems, and it has become an integral part of the Western rule of law and the international human rights law. The principle dates back to enlightened jurists such as Cesare Beccaria and to social contract thinkers such as Charles de Secondat de Montesquieu, according to whom judges were to act only as the mouthpiece of the statutory law. Leer el resto de esta entrada »
Ashgate Companion Symposium: Drumbl on “The Future of International Criminal Law and Transitional Justice”
Only I never saw another butterfly.
That one was the last one.
Butterflies don’t live here,
In the ghetto.
A teenager, Pavel Friedmann, penned these poignant words while captive in the Terezin ghetto near Prague. Friedmann later perished in a Nazi concentration camp, along with 15,000 other Jewish children from Terezin. Friedmann knew he was being grievously wronged: his poetry makes that clear. But never would he have expected that his tormentors would come to face legal sanction. Moral condemnation, certainly, but courts of morality are for the afterlife. They are not courts of law for the worldly. Leer el resto de esta entrada »
Many feminists have questioned the extent to which the law can ever effectively deter violence against women given the ways in which the law and criminal justice systems often act to reinforce deeply sexist assumptions about women, their sexual and social identities and their relation to the social (male) world. In recent work, published with the University of Minnesota’s Legal Research Paper Series on SSRN entitled Gendered Harms and their Interface with International Criminal Law: Norms, Challenges and Domestication I explore the extent and consequences of state ratification of the International Criminal Court statute for the legal regulation of sex-based harms at the domestic level. The article provides a comprehensive review of all subsequent domestic legislation addressing violence against women in all ratifying member states.
Statistically we learn some interesting things from the survey. At time of writing, of the 122 states studied for my analysis only 27 have not introduced any subsequent domestic legislation that address violence against women. The vast majority of states reviewed have produced multiple pieces of national legislation addressing a range of harms including violence against women, domestic violence, marital rape, sexual harassment, trafficking, stalking, female genital mutilation, early marriage, and trafficking. Many have produced multiple and sequential changes to their laws addressing violence against women, in what appears to be a progressively expanding practice of regulatory enthusiasm. Leer el resto de esta entrada »
Christine E.J. Schwöbel (Univ. of Liverpool – Law) has posted The Comfort of International Criminal Law (Law and Critique, forthcoming). Here’s the abstract:
This paper examines the changing relationship between the disciplines of international criminal law (ICL) and international human rights law; I particularly focus on the associations of the former with comfort and the latter with discomfort. It appears that a shift may be taking place in that ICL is being refashioned from a field enforcing human rights law to one which has assumed an entirely independent status. Indeed, ICL appears to be crowding out international human rights law. The inquiry begins with the question whether ICL is becoming the preferred discursive framework for practitioners, academics, and politicians.
A contemporary desire for certainty over contention, action over discourse, and simplicity over complexity is revealed; in short, a preference for comfort over discomfort. The second half of the paper is dedicated to highlighting some of the concerns attached to this preference and suggesting possible techniques for addressing these concerns. Employing the idea of ‘discomfort’, I refer to the relevance of (a) Michel Foucault’s Ethics of Discomfort, (b) Judith Butler’s idea of the Language of Discomfort, and (c) draw on Franz Kafka’s literary exploration of the Comfort in Discomfort. The ideas culminate in an invitation to relearn the comfort in discomfort of contention, discourse and complexity in international law.
Source: International Law Reporter
Ní Aoláin: Gendered Harms and Their Interface with International Criminal Law: Norms, Challenges and Domestication
Fionnuala D. Ní Aoláin (Univ. of Minnesota – Law) has posted Gendered Harms and Their Interface with International Criminal Law: Norms, Challenges and Domestication. Here’s the abstract:
Many feminists have questioned the extent to which the law can ever effectively deter violence against women given the ways in which the law and criminal justice systems often act to reinforce deeply sexist assumptions about women, their sexual and social identities and their relation to the social (male) world. While acknowledging that law is often ineffective in reordering social relations, a substantial number of scholars and policy makers still believe that it is an institution that can be used to make substantive gains for women.
Recent innovations in the normative definitions of crime added to an-ever growing jurisprudence on sexual violence and gender based harms have given some buoyancy to optimistic views on international criminal law’s capacity to challenge gendered assumptions, to address specific harms experienced by women and to circle such additionality back to domestic law thereby tackling socially entrenched violence against women. Based on a systematic review of subsequent legislation enacted by states following ratification of the International Criminal Court Statute, this paper considers the ‘capture’ capacity of international criminal, and the extent to which any optimism around domestic legal capacity is warranted, and what pitfalls may following from a reliance on international criminal law to spearhead normative developments on addressing gender violence. Leer el resto de esta entrada »
The Proposed International Criminal Chamber Section of the African Court of Justice and Human Rights: A Legal Analysis
Martin Walela Matasi, University of New England (Australia)
Jürgen Bröhmer, Murdoch University
March 20, 2013
The proposed international criminal section, though a novel idea in the regionalisation of international criminal law, its timing is suspect. Suspect because the said section only comes at a time when the International Criminal Court (ICC) has set upon Africa as its focal point in dealing with war crimes, crimes against humanity and other international crimes stipulated in the Rome Statute. This article attempts an analysis regarding the amendments proposed in the Protocol establishing the African Court of Justice and Human Rights relating to the international criminal chamber.
Source: Social Science Research Network