Tópicos Sugeridos dentro de su búsqueda.
Tópicos Sugeridos dentro de su búsqueda.
1
artículo
Publicado 2020
Enlace
Enlace
In this article I briefly develop the issues of sovereignty from the point of view of internationallaw and how it is necessary to update the legislation of the countries, in accordance with itsprogress. Modern international law issues are essential for its application and validity and as away to effectively incorporate into the lives of citizens, therefore must be introduced into theinternal law of the countries. International law, especially the 21st century, has turn off newtwist that introduces the individual, the human person, as an element of international criminallaw, as a result of the processes that, intuitu personae, have been dealing with in theInternational Criminal Court.
2
artículo
Publicado 2020
Enlace
Enlace
In this article I briefly develop the issues of sovereignty from the point of view of international law and how it is necessary to update the legislation of the countries, in accordance with its progress. Modern international law issues are essential for its application and validity and as a way to effectively incorporate into the lives of citizens, therefore must be introduced into the internal law of the countries. International law, especially the 21st century, has turn off new twist that introduces the individual, the human person, as an element of international criminal law, as a result of the processes that, intuitu personae, have been dealing with in the International Criminal Court.
3
artículo
The lasting impact of the Rome Statute and the International Criminal Court (ICC), a crucial institution dedicated to combating impunity globally, is worth remembering. By exploring the evolution of individual criminal responsibility in international law, with special attention to the renowned Nuremberg and Tokyo Trials after World War II, it highlights the current urgency of a permanent international criminal tribunal, embodied by the Rome Statute of 1998 and the establishment of the ICC in 2002. Therefore, the article focuses on the Court’s jurisdiction over individuals and key principles, such as the responsibility of states to prosecute or extradite, providing an understandable perspective on the Court’s authority in international justice.
4
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.
5
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.
6
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.
7
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.
8
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...
9
artículo
Throughout this article, the author will seek to prove that the concept of universality —which serves as a basis for the universal criminalization of particular acts— is nothing more than a fiction that does not respond to the noblest of reasons. He will build his analysis on the basis of the narratives of humanity and its atrocity, then analyze the concept of universality as a generally accepted attribute in international law and examine the discussion that exists with respect to natural law and positivism. Finally, it will provide a constructive critique of the concept, establishing the logic, strengths and inconsistencies behind the humanity and atrocity narratives of universality in international criminal law.
10
artículo
Throughout this article, the author will seek to prove that the concept of universality —which serves as a basis for the universal criminalization of particular acts— is nothing more than a fiction that does not respond to the noblest of reasons. He will build his analysis on the basis of the narratives of humanity and its atrocity, then analyze the concept of universality as a generally accepted attribute in international law and examine the discussion that exists with respect to natural law and positivism. Finally, it will provide a constructive critique of the concept, establishing the logic, strengths and inconsistencies behind the humanity and atrocity narratives of universality in international criminal law.
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 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...
13
artículo
Publicado 2024
Enlace
Enlace
This study focuses on three fundamental aspects related to the international protection of the environment. Thus, after a brief overview of the environmental situation concerning the climate emergency we face, the issue of the environment as a human right is addressed. Subsequently, the historical development of ecocide in the context of the United Nations is examined. Finally, there is an in-depth analysis of the proposed definition of ecocide and the modifications suggested for the Rome Statute, highlighting the work of the Stop Ecocide Foundation and other similar proposals. This approach aims to contribute to the development of international environmental criminal protection by exploring these three central axes.
14
artículo
Publicado 2024
Enlace
Enlace
This study focuses on three fundamental aspects related to the international protection of the environment. Thus, after a brief overview of the environmental situation concerning the climate emergency we face, the issue of the environment as a human right is addressed. Subsequently, the historical development of ecocide in the context of the United Nations is examined. Finally, there is an in-depth analysis of the proposed definition of ecocide and the modifications suggested for the Rome Statute, highlighting the work of the Stop Ecocide Foundation and other similar proposals. This approach aims to contribute to the development of international environmental criminal protection by exploring these three central axes.
15
artículo
Publicado 2019
Enlace
Enlace
This article reviews the processes of consolidation of the principle of legality and of the criminalisation of crimes against humanity in international criminal law from a historical perspective. It starts with the Nuremberg Tribunal of 1945 and then traces the development of these two processes side-by-side: the enshrinement of the principle of legality in a series of universal treaties protecting human rights between the 1960s and the 1980s and the criminalisation of crimes against humanity in the Statutes for the International Criminal Tribunals for the former Yugoslavia and for Rwanda and in the Rome Statute of the International Criminal Court.
16
artículo
Publicado 2019
Enlace
Enlace
This article reviews the processes of consolidation of the principle of legality and of the criminalisation of crimes against humanity in international criminal law from a historical perspective. It starts with the Nuremberg Tribunal of 1945 and then traces the development of these two processes side-by-side: the enshrinement of the principle of legality in a series of universal treaties protecting human rights between the 1960s and the 1980s and the criminalisation of crimes against humanity in the Statutes for the International Criminal Tribunals for the former Yugoslavia and for Rwanda and in the Rome Statute of the International Criminal Court.
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
This article studies sexual violence as a weapon of war perpetrated in contexts of armed conflicts and analyzes, based on the Peruvian case, the applicable legal framework to prosecute and punish such acts during the non international armed conflict between 1980-2000 under the light of national and international criminal law and international human rights law. According to the Final Report of the Truth and Reconciliation Comission, in certain areas, this violence qualified as crimes against humanity and war crimes. Judging these only under the criminal statute applicable at the time of the events is insufficient for the State’s international obligations to prosecute and punish this phenomenon. Thus, it is suggested, the use of international standards that gives content to the national statute, as well as an alternative interpretation of the principle of legality that allows appreh...
19
artículo
This article studies sexual violence as a weapon of war perpetrated in contexts of armed conflicts and analyzes, based on the Peruvian case, the applicable legal framework to prosecute and punish such acts during the non international armed conflict between 1980-2000 under the light of national and international criminal law and international human rights law. According to the Final Report of the Truth and Reconciliation Comission, in certain areas, this violence qualified as crimes against humanity and war crimes. Judging these only under the criminal statute applicable at the time of the events is insufficient for the State’s international obligations to prosecute and punish this phenomenon. Thus, it is suggested, the use of international standards that gives content to the national statute, as well as an alternative interpretation of the principle of legality that allows appreh...
20
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.
