Tópicos Sugeridos dentro de su búsqueda.
Tópicos Sugeridos dentro de su búsqueda.
1
artículo
Publicado 2023
Enlace
Enlace
Within their different mandates, the ICJ and the ICC have decided on compensation for mass atrocities, including the same factual scenarios and related dual state/individual responsibility. However, no publication has examined these developments jointly and comparatively. Thus, this article seeks to determine how both courts are and should be developing compensation jurisprudence on mass atrocity cases. This article suggests that these two courts should construe a coherent, principle-based, and human rights-oriented international law of compensation for mass atrocities. Despite the differences in the compensation law and practice of the ICJ and the ICC, there are common elements such as the violation of an international obligation (wrongful act/international crime), damages, and the causal link between them. There are also some similarities concerning compensation goals, proof matters, a...
2
artículo
Publicado 2021
Enlace
Enlace
This article seeks to analyze the function of the International Criminal Court (ICC) from the analytical horizon of critical studies and the particular contributions of the Helsinki School and social idealism. To achieve this objective, the main postulates of both perspectives are compared towards the concept of international criminal justice (ICJ), in general, and towards the performance of the ICC in its time of validity, in particular. The methodology used is that of a documentary analysis with a strong inclination towards texts of a theoretical, doctrinal and jurisprudential nature.
3
artículo
Publicado 2021
Enlace
Enlace
This article seeks to analyze the function of the International Criminal Court (ICC) from the analytical horizon of critical studies and the particular contributions of the Helsinki School and social idealism. To achieve this objective, the main postulates of both perspectives are compared towards the concept of international criminal justice (ICJ), in general, and towards the performance of the ICC in its time of validity, in particular. The methodology used is that of a documentary analysis with a strong inclination towards texts of a theoretical, doctrinal and jurisprudential nature.
4
artículo
Publicado 2021
Enlace
Enlace
In accordance with its origins, the International Court of Justice has priorized continuity over change even in moments of intense systemic pressure. Over its 75 years of existence its problems and limitations linked to the realities of non compulsive and fragmented jurisdiction and misperceptions over its authority (it is not a World Court), the ICJ has sustained the principle of soveignty of states in order for them to access its services of conflict resolution even in times of increased transnational problems. Its effectiveness is linked to the quality not to quantity of its resolutions and the diversity of its composition in accordance with its status of principal judicial organ of the United Nations. The ICJ is an international regime with changing influence over time and the tribunal’s corporative cohesiveness.
5
artículo
Publicado 2022
Enlace
Enlace
Mass atrocities perpetrated in the last years of the last century and those committed in the XXI century have received major attention from a wide arrange of actors. Indeed, these serious violations of human rights and international humanitarian law, which are constitutive of international crimes, have led to cases before supranational courts. The law and/or practice of international courts within their respective specific mandates demonstrate that there is an increasing international judicial engagement with rendering justice in scenarios of mass atrocities. In this context, the main research question addressed in this article is to identify some of the main contributions of international courts in mass atrocity cases in the XXI century. In this context, three supranational courts are taken into account: the International Court of Justice, the International Criminal Court, and the Inter...
6
artículo
In the article, we will identify some of the challenges that the ICJ has to face during the 75thanniversary of its inaugural session. Throughout the year, the Court has consolidated herself asan effective mechanism to resolve international disputed, however after three quarters of acentury, the time has come to identify which are the aspects that should be updated so that itcontinues to maintain its utility throughout the 21st century. International society has evolved alot since the Court began to function, so I consider that the time has come to study the strengthsand weaknesses that it has, in order to further the strengthening the former and correcting thelatter with the sole objective of adapting this dispute resolution mechanism challenges to beaddressed in the near future.
7
artículo
In the article, we will identify some of the challenges that the ICJ has to face during the 75th anniversary of its inaugural session. Throughout the year, the Court has consolidated herself as an effective mechanism to resolve international disputed, however afterthree quarters of a century, the time has cometo identify which are the aspects that should be updated so that it continues to maintain itsutility throughout the 21stcentury.International society has evolved a lot since the Court began to function, so I consider that the time has come to study thestrengths and weaknesses that it has, in order to further thestrengthening the former and correcting the latter with the sole objective of adapting this dispute resolution mechanismchallenges to be addressed in the near future.
8
artículo
This paper analyses the international obligation of solving disputes peacefully and the International Court of Justice role as a jurisdictional means of the United Nations in solving disputes. From this point, it analyses the Court role in the last years and its work solving territorial and maritime disputes, for example, the one between Peru and Chile. It presents an interesting study of the international obligations that led Peru and Chile solve the dispute peacefully and the advantages and disadvantages of it. Finally, it presents the main challenges that arise from turning to the International Court of Justice.
9
artículo
Publicado 2018
Enlace
Enlace
In December of 2017, within the framework of the Rome Statute that creates the International Criminal Court, the 16th Assembly of States Parties adopted by consensus the Resolution ICC-ASP / 16 / Res.5, entitled «Activation of the jurisdiction of the Court over the crime of aggression». Under the aforementioned Resolution, it was established: (i) the definition of the crime of aggression adopted in 2010 by the Conference of States Parties to the Rome Statute, held in Kampala (Uganda) has become applicable. Likewise, the universal scope of the criminal sanction of this crime is reaffirmed, by virtue of non-conventional international legal norms, like customary norms or jus cogens, and (ii) effective jurisdiction is granted to a jurisdictional body, the International Criminal Court, in order to administer justice with respect to the crime of aggression. In this paper it will be address...
10
artículo
This paper analyses the international obligation of solving disputes peacefully and the International Court of Justice role as a jurisdictional means of the United Nations in solving disputes. From this point, it analyses the Court role in the last years and its work solving territorial and maritime disputes, for example, the one between Peru and Chile. It presents an interesting study of the international obligations that led Peru and Chile solve the dispute peacefully and the advantages and disadvantages of it. Finally, it presents the main challenges that arise from turning to the International Court of Justice.
11
artículo
Publicado 2018
Enlace
Enlace
In December of 2017, within the framework of the Rome Statute that creates the International Criminal Court, the 16th Assembly of States Parties adopted by consensus the Resolution ICC-ASP / 16 / Res.5, entitled «Activation of the jurisdiction of the Court over the crime of aggression». Under the aforementioned Resolution, it was established: (i) the definition of the crime of aggression adopted in 2010 by the Conference of States Parties to the Rome Statute, held in Kampala (Uganda) has become applicable. Likewise, the universal scope of the criminal sanction of this crime is reaffirmed, by virtue of non-conventional international legal norms, like customary norms or jus cogens, and (ii) effective jurisdiction is granted to a jurisdictional body, the International Criminal Court, in order to administer justice with respect to the crime of aggression. In this paper it will be address...
12
artículo
Publicado 2023
Enlace
Enlace
Article XXXI of Pact of Bogotá (1948) created the obligation for States parties to submit their disputes to the International Court of Justice “in conformity with” article 36 paragraph 2 of its Statute. In this regard, Honduras held the position that Article XXXI required each State party to make a declaration in accordance with its Statute in order to unilaterally bring the case to the International Court of Justice in the case concerning Border and transborder armed actions (Nicaragua v. Honduras). Then, a question arises: what is the relationship between these two articles? After analyzing international law, jurisprudence and doctrine, the conclusion is that these articles are not related to each other because they are two independent titles of jurisdiction whose differences are found in the source of the State consent, to whom they apply and the disputes that can be settled by t...
13
artículo
Publicado 2023
Enlace
Enlace
Article XXXI of Pact of Bogotá (1948) created the obligation for States parties to submit their disputes to the International Court of Justice “in conformity with” article 36 paragraph 2 of its Statute. In this regard, Honduras held the position that Article XXXI required each State party to make a declaration in accordance with its Statute in order to unilaterally bring the case to the International Court of Justice in the case concerning Border and transborder armed actions (Nicaragua v. Honduras). Then, a question arises: what is the relationship between these two articles? After analyzing international law, jurisprudence and doctrine, the conclusion is that these articles are not related to each other because they are two independent titles of jurisdiction whose differences are found in the source of the State consent, to whom they apply and the disputes that can be settled by t...
14
artículo
Publicado 2019
Enlace
Enlace
July 17 is the world day of international criminal justice, marks the 21st anniversary of the adoption of the Rome Statute, the constituent instrument of the International Criminal Court (ICC), adopted at the "Diplomatic Conference of Plenipotentiaries of the United Nations on the establishment of an International Criminal Court".In this context, this article aims to reflect, from a legal-political perspective, on the importance of the ICC and the main challenges facing the Court, the international community and our country, in particular, in the fight against impunity.
15
artículo
Publicado 2019
Enlace
Enlace
July 17 is the world day of international criminal justice, marks the 21st anniversary of the adoption of the Rome Statute, the constituent instrument of the International Criminal Court (ICC), adopted at the "Diplomatic Conference of Plenipotentiaries of the United Nations on the establishment of an International Criminal Court".In this context, this article aims to reflect, from a legal-political perspective, on the importance of the ICC and the main challenges facing the Court, the international community and our country, in particular, in the fight against impunity.
16
artículo
Publicado 2020
Enlace
Enlace
The fight against impunity for serious human rights violations and the establishment of a permanent international criminal court have been a constant since the Second World War. At the end of the 20th century and the beginning of the 21st century, new international criminal jurisdictions were established in addition to a permanent international criminal court, the Special Tribunals to avoid leaving unpunished serious human rights violations of international law, that occurred during the cold war and the Residual Mechanisms as a part of strategy to end all temporary international criminal jurisdiction activity established post Cold War. Both urisdictions, although temporary, recognize the importance of national justice and aim to strengthen the international criminal justice system.
17
artículo
Publicado 2020
Enlace
Enlace
The fight against impunity for serious human rights violations and the establishment of a permanent international criminal court have been a constant since the Second World War. At the end of the 20th century and the beginning of the 21st century, new international criminal jurisdictions were established in addition to a permanent international criminal court, the Special Tribunals to avoid leaving unpunished serious human rights violations of international law, that occurred during the cold war and the Residual Mechanisms as a part of strategy to end all temporary international criminal jurisdiction activity established post Cold War. Both urisdictions, although temporary, recognize the importance of national justice and aim to strengthen the international criminal justice system.
18
artículo
Publicado 2021
Enlace
Enlace
The situation of child soldiers is undoubtedly one of the most dangerous contexts within the international community. Despite the broadness of international regulation in this area (International Humanitarian Law, International Human Rights Law or International Criminal Law), we still find certainly alarming figures that should be interpreted as a warning for States to redouble their efforts in order to eradicate any participation of childs in armed conflicts. This article analyses the international standards in this area from the 1977 Additional Protocols to the Convention on the Rights of the Child and its Optional Protocol on the involvement of children in armed conflict. In addition, the article studies the Rome Statute and the jurisprudence of the International Criminal Court. Also, it focuses especially on the debates on the judgment on Dominic Ongwen, a former child soldier.
19
artículo
Publicado 2021
Enlace
Enlace
The situation of child soldiers is undoubtedly one of the most dangerous contexts within the international community. Despite the broadness of international regulation in this area (International Humanitarian Law, International Human Rights Law or International Criminal Law), we still find certainly alarming figures that should be interpreted as a warning for States to redouble their efforts in order to eradicate any participation of childs in armed conflicts. This article analyses the international standards in this area from the 1977 Additional Protocols to the Convention on the Rights of the Child and its Optional Protocol on the involvement of children in armed conflict. In addition, the article studies the Rome Statute and the jurisprudence of the International Criminal Court. Also, it focuses especially on the debates on the judgment on Dominic Ongwen, a former child soldier.
20
artículo
Publicado 2020
Enlace
Enlace
In the current stage of Public International Law, access of the individual and organizedcivil society to international courts, just like participation in proceedings is a constant.In particular, through the institution of the amicus curiae, traditionally defined as the‘neutral bystander’ who voluntarily intervenes in a dispute, assisting the court in theresolution of the case. This definition has evolved at the international level, so that insome cases the intervention of amici has been allowed to have an interest in theoutcome of the procedures. However, the expression of interest is not expresslyregarded as a criterion for determining the admission or rejection of amicus curiae inthe rules of international criminal courts. In this sense, the Rome Statute of theInternational Criminal Court is no exception. For this reason, the present paper carriesout a normative and jurisprudential...
