The main purpose of this research project is to inquire into the emerging civil dimension of international criminal law which, in contrast to the criminal dimension, focuses on reparation for... Show moreThe main purpose of this research project is to inquire into the emerging civil dimension of international criminal law which, in contrast to the criminal dimension, focuses on reparation for victims both at national and international levels. The ultimate goal of this project is to address how international criminal justice should develop in relation to civil redress for victims of international crimes. For this purpose, this study examines, compares and contrasts three analytical frameworks for the adjudication of the civil dimensions of international crimes. The analysis starts the first framework from a theoretical and conceptual discussion of theories of justice grounding the right of victims to reparation juxtaposed with the development of a duty of reparation imposed directly on individuals. I address the relationship between punishment and reparation and their impact on victims, offenders and societies in general, in a theoretical perspective. It then utilizes case studies at the international and national level, as well as the use of administrative mechanisms to discuss the operationalization of reparations for international crimes. Show less
Under customary law as well as the amendments to the Rome Statute of the International Criminal Court adopted in the Review Conference in Kampala in 2010, an act of aggression by a State is a part... Show moreUnder customary law as well as the amendments to the Rome Statute of the International Criminal Court adopted in the Review Conference in Kampala in 2010, an act of aggression by a State is a part of the definition of the crime of aggression. This definition clearly encompasses two separate wrongful conducts by different actors. It is less clear how international responsibility arises for both the aggressor state and the individual, and why responsibility for the latter can be predicated only upon the former. This dissertation analyses the way in which aggression is attributed to the aggressor State and the individual, and how State and individual responsibility is delineated from each other, with a particular focus on the legal interest of the aggressed State. First, the argument considers the way in which international law prohibits and criminalizes aggression, elaborating international obligations of States and individuals in that regard (Part I). It then analyses the interconnection between obligations of States to refrain from an act of aggression and obligations of individuals to refrain from conduct relating to the crime of aggression (Part II). Finally, the enforcement against the crime of aggression in the ICC and domestic courts is explored (Part III). Show less
Drawing on several years of field-based research, this dissertation examines what effects framing the International Criminal Court as a “catalyst” for domestic investigations and prosecutions has... Show moreDrawing on several years of field-based research, this dissertation examines what effects framing the International Criminal Court as a “catalyst” for domestic investigations and prosecutions has had in three distinct situation-country contexts: Uganda, Kenya, and the Democratic Republic of Congo (DRC). It examines how both state and non-state actors have relied upon the principle of complementarity as the logic through which the Court’s catalytic potential can be best realized, as well as a transnational site and adaptive strategy for entrenching the norm of international criminal accountability domestically. In so doing, it asks three principal research questions. First, how has the understanding of complementarity evolved since the ICC’s inception and what role have non-state actors, in particular, played in this evolution? Second, how have ICC judges understood and interpreted complementarity’s requirements in the courtroom, and how has the Office of the Prosecutor sought to implement it as a matter of policy? And third, to what extent and how have the ICC’s interventions in Uganda, Kenya and the DRC affected these countries’ institutional and normative frameworks for carrying out domestic criminal proceedings? Show less
International law and state practice mirrors the recognition of children’s particular need for protection during peacetime but also in situations in which international crimes are being committed,... Show moreInternational law and state practice mirrors the recognition of children’s particular need for protection during peacetime but also in situations in which international crimes are being committed, the prosecution of international crimes committed against children before international courts and tribunals is well embedded. While international prosecutions are thus in line with the overall development of protecting children from the consequences of armed conflict and large scale violence, the involvement of the child in international criminal proceedings also gives rise to new questions which relate to the procedural involvement of the child. As child participation in the proceedings before the International Criminal Court (ICC) constitutes a matter of fact, one may raise the question whether such participation is a welcome development. This study examines the procedural implications of child participation and thereby intents to contribute legal views and perspectives to the underlying debate on the adequacy of child participation in ICC proceedings. Show less
In the era of international(ized) criminal courts and tribunals, classical concepts of international criminal law such as principles and rules of extradition and of extraterritorial jurisdiction... Show moreIn the era of international(ized) criminal courts and tribunals, classical concepts of international criminal law such as principles and rules of extradition and of extraterritorial jurisdiction have fallen into oblivion. At the same time, globalization and the establishment of international criminal jurisdictions have brought about fundamental changes of relevant attributes of the international system, justifying and necessitating renewed scholarly attention for these seemingly over-analyzed phenomena. Due in major part to these systemic changes, the non-extradition of nationals increasingly comes under fire. As a consequence, several attempts were undertaken in recent years to disallow or at least considerably limit it. Focusing on two such endeavors (under the European Arrest Warrant and in the context of the International Criminal Court), this study attempts to identify the status and the role of the non-extradition of nationals and of its counterpart, the active personality principle in international (criminal) law. Recognizing that the non-extradition of nationals cannot be easily discard, in theory or in practice, the author considers ways to adapt these long-standing features of international cooperation in criminal matters to the requirements of international criminal justice. Show less
