Search results for "International Criminal Law"
showing 7 items of 7 documents
Crimes against humanity in contemporary International Law
2009
Estudio de los elementos constitutivos, generales y específicos, de todos y cada uno de los crímenes contra la humanidad regulados en el Estatuto de Roma de la Corte Penal Internacional. Study of the constituent elements, both general and specifics, of all and each one of the crimes against humanity established in the Rome Statute of the International Criminal Court.
CREATION AND DEVELOPMENT OF INTERNATIONAL CRIMINAL LAW. STUDY ON THE EMERGENCE OF A LEGAL ORDER
2009
According to a prevailing view, the law of international criminal jurisdictions constitutes a branch of public international law. However, despite a strong institutional anchoring to public international law, this area of law, which is referred to as international criminal law for the purposes of this study, seems to go beyond the framework of public international law. Unprecedented solutions are being developed by international criminal courts to deal with situations referred to them. The international criminal judge plays a key role in this mechanism of overcoming public international law. The emergence of mass terrorism coupled with the trivialization of internal armed conflicts undermin…
Accountability for crimes committed by autonomous weapon systems under international criminal law
2022
With conventional weapons a human is responsible for the target selection and the pulling of the trigger. In contrast to this, AWS themselves are responsible for these tasks. The contemporary framework of International Law regulating this problem focuses on the conventional weapons and the human operator behind them. This thesis is trying to partake in the solution of the following legal problem: if the current International Criminal Law-framework sufficiently regulates accountability for proscribed acts committed by Autonomous Weapon Systems. To achieve this the thesis focuses on the research question: Which individual would be held accountable for proscribed acts committed by Autonomous W…
Attacking cultural property to destroy a community: heritage destruction as a crime against humanity and genocide
2020
Cultural heritage, if considered in a multilevel dimension, represents the essence of a population. Attacks against tangible cultural heritage can amount to persecution or ethnic cleansing if committed with a discriminatory intent. For their nature, such attacks are often accompanied by destruction of intangible cultural heritage targeting the language, the traditions and the uses of a people. They cause, alongside tremendous losses of something unique and irreplaceable, psychological damages to the communities linked to them. An episode of cultural cleansing like the removal of communities by eradicating their cultural presence on a land encompasses also deliberate attacks against cultural…
Mobilità dei reati nello spazio transfrontaliero e nuovi confini delle norme penali: verso una giurisdizione “a geometria variabile”?
2018
The actual empirical reality, in which the most important criminal manifestations are articulated according to modalities which cross the territorial frontiers of the States, imposes new normative solutions which - in the attempt not to leave 'pockets' of impunity - can redraw the traditional boundaries of the criminal regulations. In a context pervaded by international interventions of criminalization of the most serious forms of manifestation of crime (above all, the Palermo Convention and its Protocols), there is, first of all, at the domestic level, a change of the same territorial paradigm of the criminal law, which adapts the exercise of jurisdiction according to "variable geometries"…
Disentangling Law and Religion in the Rohingya Case at the International Criminal Court
2021
The Rohingya are one of the most persecuted minorities in the world. Military campaigns conducted by Myanmar against the Rohingya have led to numerous deaths, widespread cases of sexual violence, the destruction of hundreds of villages, and the deportation of more than 700,000 people to Bangladesh. These events have triggered proceedings at the International Criminal Court (ICC). The ICC has arguably failed to address the religious dimensions of crimes and facts in some of its previous jurisprudence appropriately. The entanglement of law and religion at the ICC may lead to an impoverished ratio decidendi and disregard for the victims’ claims. We hence argue that, by disentangling law and re…