International Criminal Law

Bantekas, Ilias; Nash, Susan Smith

doi:10.4324/9781843145295

Cited by 36 publications

(14 citation statements)

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“…14 Retrieved March 13, 2009 from http://www.iht.com/articles/ap/2009/03/12/news/UN-UN-Sudan.php international and domestic crimes committed during the conflict there. A similar tribunal for prosecution of Khmer Rouge era crimes in Cambodia has been proposed [4] and recently established.…”

Section: Jurisdiction Individual Responsibility and Defencesmentioning

confidence: 99%

Between pedagogy and practice: developing and delivering international justice coursework in North America

Wheeldon

2009

Crime Law Soc Change

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While the need for new and innovative international coursework in North America has been recognized, developments in North American Universities have been few. Building on Mathias Reimann's (Penn State International Law Review 22:397-415[23]) useful justification for a new basic course in international law, this paper provides a discussion of a new approach to international justice coursework. Based on the nascent ICC and the jurisprudential developments of past international tribunals, a discrete international legal order has emerged. This may provide an opportunity for a broader examination of international criminal justice drawn from disciplines such as history, sociology, psychology, and criminology. By offering practical classroom techniques to assist in the delivery of international justice coursework, this paper attempts to provoke debate and discussion about how international coursework ought to be designed and delivered to a wider audience of undergraduate students.

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Section: Jurisdiction Individual Responsibility and Defencesmentioning

confidence: 99%

Between pedagogy and practice: developing and delivering international justice coursework in North America

Wheeldon

2009

Crime Law Soc Change

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“…This is the most contested principle (it is also the only one that was not included in Harvard's 1935 Draft Convention), but in light of the importance that is recently being adhered to the fight against international terrorism, it has become more widely accepted. As pointed out by Bantekas and Nash, the passive personality principle should be considered as a lawful but auxiliary way of protecting citizens in situations "where the locus delicti State either neglects, refuses or is unable to initiate prosecution" [10].…”

Section: Legal Principlesmentioning

confidence: 99%

Cross-border Research on Human Embryonic Stem Cells: Legal and Ethical Considerations

Mertes

Pennings

2008

Stem Cell Rev and Rep

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Although stem cell research is a field that stands to benefit a lot from international cooperation, collaboration between scientists of different countries is hampered by the great divergence in national stem cell legislations. More specifically, researchers from countries with restrictive stem cell policies find themselves unable to participate in international research or attend meetings or workshops in more permissive environments as they fear being prosecuted in their home country for activities that are deemed acceptable abroad. Juridical clarity on this subject is long overdue. Legally, extraterritorial jurisdiction based on the nationality principle does not conflict with international law. However, invoking this principle to prosecute stem cell researchers would constitute a breach with the current custom to limit extraterritorial jurisdiction to exceptional crimes or circumstances. On the ethical front, legislators have an obligation towards their constituents to protect them from harm through the criminal justice system, but at the same time they should be wary of legal moralism and of jeopardising freedom of research. Researchers on their part cannot simply ignore the law whenever it deviates from their personal moral opinions, but they are not acting unethically if they perform research that they esteem to be ethically justified where it is also legally accepted. Allowing researchers to work freely abroad-within the jurisdiction of the host country-is a way for legislator and researcher to show respect for each other's different moral values and to balance their rights and obligations towards each other.

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“…This jurisdiction can cover both criminal and civil cases.``Indeed, legislation encompassing exterritorial conduct is the exception, rather than the norm to the prosecutorial practice and preference of States.'' 52 In its Preamble, the International Criminal Court (ICC) Statute emphasises that``the International Criminal Court established under this Statute shall be complementary to national criminal jurisdictions'' . The ICC Statute requires exhaustion of all local remedies before any case can be admitted by the court.…”

Section: Domestic Courts With Territorial Jurisdictionmentioning

confidence: 99%

The Right of Individuals to Take Judicial Action Against International Persons: The Case of NATO's Intervention in Libya

Janaby

Bashir

2012

Cambridge Journal of International and Comparative Law

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Right of Individuals to Take Judicial Action Against International Persons 163 2 The Libyan Case NATO and other state forces operating under its command 1 during the 2011 war in Libya have been accused of the killing of civilians and the destruction of civilian property, schools, hospitals and places of worship. According to several reports received by the UN Commission of Inquiry, in the first four months alone NATO's strikes against civilian targets have: resulted in the death of 500 civilians and 2,000 injured. The same reports stated that NATO had targeted schools, universities, mosques, and others civilian locations. According to the same sources, 56 schools and three universities were directly hit by these strikes. Furthermore, it is claimed that NATO airstrikes have resulted in the closure of 3204 schools, leaving 437, 787 students without access to education. 2 For example, in the village of Majer, NATO's bombardment killed 85 civilians including 32 women and 33 children. 3 Also, in a single day in September it was claimed that``NATO air strikes … killed a total of 354 people in the loyalist stronghold of Sirte''. 4 NATO did not investigate these claims but made some general statements that everything was done with the intent to avoid civilian casualties. This prompted a Senior Crisis Adviser at Amnesty International, Donatella Rovera to state that``they cannot now brush aside the deaths of scores of civilians with some vague statement of regret without properly investigating these deadly incidents''. 5 1 By 31 May these states were:

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International Criminal Law

Cited by 36 publications

References 0 publications

Between pedagogy and practice: developing and delivering international justice coursework in North America

Between pedagogy and practice: developing and delivering international justice coursework in North America

Cross-border Research on Human Embryonic Stem Cells: Legal and Ethical Considerations

The Right of Individuals to Take Judicial Action Against International Persons: The Case of NATO's Intervention in Libya

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