The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties

Cormier, Monique C.

doi:10.1017/9781108588706

Cited by 8 publications

(2 citation statements)

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“…This circle seems more in line with the jurisdiction of the ICC (Tsilonis, 2019;Cormier, 2020) where the same StICC clearly recognizes the victims who are granted procedural powers for their rights. Within this spirit we notice a difference of the ad hoc tribunals where the victims have no voice with respect to the mechanism of prosecution of the crimes, in addition to not only possessing a unique face!…”

Section: Towards a "Victim Conscious Retributivism"mentioning

confidence: 78%

“…From a theoretical point of view, one difficulty remains that of the absolute conception of punishment which also marks the victim conscious retributivism which paves the way for the ICC to prosecute crimes against humanity (Morales, 2020) with a moral obligation beyond any other consideration of derogable opportunity, a non-negotiable right of the victims. The perplexities of this perspective of an "aggregative" nature (Berlin, 2020) call for international jurisdiction (Cormier, 2020) as a reduction of the global injustice quotient with the consequentialist substratum that legitimizes injustices for good committed by institutional apparatuses (Dana, 2014) 24 . Minimize in justice view (Blümmel, 2002) serves to decrease the number of deprivations of a coercive apparatus where the individual is often "forced" to exercise.…”

Section: Towards a "Victim Conscious Retributivism"mentioning

confidence: 99%

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

Liakopoulos¹

2023

YIECPL

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International criminal law constitutes, due to its intrinsic characteristics, a competition challenge at the universal level of norms and crimes which finds its most natural and logical manifestation through the final penalties provided for in the Statute of the International Criminal Court (StICC). The present work has as its object to analyze the punishment according to the StICC, the hypotheses of normative convergences that are established alongside the foreseen sentences, the jurisprudential cases, the verifiable convergences within the global international community where the sentences take place over the years, the path of harmonization, integration, evolution, development not so much of international criminal law but also of domestic law, the rationalization of accounts with internal justice which is never eliminated by the international one, snubbed towards a type of annihilating a priori inevitable phenomena against the impunity, the continuous violence against human rights and the strength of the victors and hegemons.

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Section: Towards a "Victim Conscious Retributivism"mentioning

confidence: 78%