international criminal law dissertation

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The evolution of international criminal law: how the major crimes under international law have evolved over the last century and how effective they are today.

• Bradley J. Honsinger
• Year of Publication:
• LLB (Hons) Law

This dissertation was created with two objectives in mind, to educate on the historical evolution of international criminal law and to evaluate its effectiveness, focusing on three crimes: genocide, crimes against humanity, and war crimes. The dissertation begins by recounting the historical developments that were crucial to the formation of the International Military Tribunal, discussing the relevant multilateral treaties, the negotiations between the Allied powers at London in 1944, the work of the IMT, and the legacy that it left. It then ends the historical narrative with the major developments that were made in international criminal law during the 1990s with the two United Nations ad hoc tribunals and the formation of the International Criminal Court. Following this, the dissertation then takes a critical look at how each individual crime developed during this time, focusing on specific developments or lack thereof that took place since the IMT. Each crime is analyzed on how well it functions to prevent and punish criminals, using statistics when available but relying more upon the legal systems and frameworks which exist to evaluate their scope and applicability. This author concludes that genocide is the most effective international crime today, primarily due to the Genocide Convention and to its nature as the most abhorrent of all crimes. After genocide, war crimes are the second most effective crime, because of its historical foundation in customary international law and The Geneva Convention of 1949. Finally, crimes against humanity is the least effective crime, because of the failure to establish itself through a multilateral convention due largely to the failure of the International Law Commission, and due to the lack of political willpower to further develop this international crime.

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23A International Criminal Law and UN Treaties

Salvatore Zappalà is Professor of International Law at the University of Catania.

• Published: 02 July 2019
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The United Nations has been very closely linked to the development of international criminal law (ICL), including in the area of multilateral treaty-making. The UN General Assembly has been the forum for negotiations or preparation of most ICL treaties: from the Genocide Convention to the International Criminal Court Statute, and many other UN bodies (from the Secretariat to the Security Council, as well as the Economic and Social Council and the entire human rights machinery) have significantly contributed to the establishment and evolution of ICL. Moreover, the values protected through ICL enhance and reinforce some of the basic tenets of the UN Charter, including the prohibition of the use of armed force (reflected in the criminalization of aggression), as well as the protection and promotion of human rights (linked to the notion of crimes against humanity and war crimes). This chapter illustrates the historical developments of ICL and emphasizes the pivotal role of the UN in the implementation and further improvement of ICL.

The punishment of individuals for “international crimes” 1 is a tool to strengthen the guarantees that certain fundamental rules be respected, intended to protect the relevant underlying fundamental values shared by all states. 2 Bringing certain violations under the umbrella of international criminal law (ICL) is the expression of a value judgment by the international community. It indicates that those rules are of such importance that their violation entails a common reaction of a somewhat extraordinary nature through individual criminal responsibility—both forms of responsibility, individual and criminal, being exceptional under international law.

This “criminal law mechanism” can be implemented either through what has been described as “indirect enforcement” (imposing on states the obligation to proscribe and criminalize certain conduct) or through “direct enforcement” (establishing international institutions implementing responsibility on behalf of the international community such as the International Criminal Court (ICC)). 3

While the first attempts to establish international criminal courts predate the creation of the United Nations, 4 the foundations of the international criminal justice system as we know it today share many of the values and principles of the UN. First of all is rejection of the illegal use of armed force, coupled with the need to respect some minimal rules even during armed conflicts, which in ICL translated into the criminalization of aggression and in provisions on war crimes —an aspect not directly addressed in UN treaties but successfully implemented through UN tribunals. Second is protection and promotion of human dignity and fundamental human rights, which led to the provisions on the prevention and repression of crimes against humanity and genocide . Third is the idea of an “enforcement mechanism” based on supranational authority, which ultimately allows the international community to step in when states do not act as required by international law.

For these reasons, it is not surprising that the UN has emerged as the main forum where most of the developments regarding ICL have taken place, including the ICC Statute—the most important ICL treaty today. This also explains why a number of processes linked to the ICC Statute system continue to take place at the UN and why some of the criticisms to the activities of the Court resonate in those rooms.

Nonetheless, although in recent years, some sore aspects have emerged in the interaction between the UN and the ICC (particularly between the Security Council and the Court), there can be little doubt that the two institutions are “partners of shared values.” 5

1 International Criminal Law at the UN

The UN started to work on ICL immediately after the establishment of the Organization, and in its very first years of operations some landmark instruments were adopted. Both the General Assembly (UNGA) and the Secretariat were actively involved in these processes. Initially, in 1946, the UNGA adopted resolutions on extradition and punishment of war criminals 6 and affirming the Nuremberg principles; 7 subsequently, in 1948, on the basis of a draft prepared by the Secretariat and negotiated in ECOSOC, it adopted the Genocide Convention; in parallel, and to a certain extent in competition, 8 also in 1948, the Assembly also adopted the Universal Declaration on Human Rights (HR), which launched the era of UN HR treaties.

Moreover, the Assembly entrusted the International Law Commission (ILC)—the specialized body for the codification and progressive development of international law—with the preparation of a draft code of international crimes, including reflecting on the definition of the crime of aggression and on a draft statute for an international criminal court.

In these first stages of development, the focus was mainly on codifying substantive law on international crimes, while implementation was entirely left to domestic authorities. 9 Starting in the early 1950s, the Cold War and associated political tensions prevented any concrete progress, 10 in particular as far as the establishment of an international court was concerned. However, some treaties contained provisions that kept alive the principle of individual criminal responsibility, albeit without the activation of a system of direct enforcement.

It was only after the fall of the Berlin Wall that the process for the institutionalization of ICL was relaunched. After the breakthrough establishment by the Security Council of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993 and of the International Criminal Tribunal for Rwanda (ICTR) in 1994, the final push for the creation of an international criminal court was given and, in 1998, with the adoption of the Rome Statute, the ICC was eventually established.

Thereafter, the UN has continued to be closely involved in institutional developments of ICL, including through treaties for the internationalized, mixed, and hybrid tribunals such as the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia. Moreover, the UN was instrumental in the establishment of the Special Tribunal for Lebanon, on the basis of an agreement with the Lebanese government, which was subsequently endorsed and operationalized through Security Council resolution 1757 (2007). In the same period, UN territorial administrations created or contributed to the creation of special courts in East Timor, Bosnia, and Kosovo. More recently the UN has been involved in the Central African Republic (CAR) supporting the Special Criminal Chamber dealing with international crimes, as well as in South Sudan, where the UN is assisting the African Union to work with the government for the establishment of hybrid courts to deal with international crimes.

Last, although outside treaty processes, the UN has been the forum of innovative developments with the creation by the UNGA of the Independent Impartial Investigative Mechanism for crimes committed in Syria since 2011, 11 and the more recent Security Council decision to establish an Investigative Team, with the purpose of securing the collection, preservation, and conservation of evidence of crimes committed by Daesh in Iraq. 12

These ICL experiments based either on closer relationships with national authorities or on innovative measures to promote accountability for international crimes are the result of both the acknowledgment that the ICC alone cannot address all impunity concerns, but also of the fact that there still are several UN member states that are not parties to the ICC Statute. These developments confirm the central role the UN can play in further shaping ICL, even beyond the specific realm of UN treaty processes.

2 The Penal Provisions

2.1 the laws of war.

Leaving piracy aside, we note that the laws of war were the first area in which the idea of punishing individuals for violations of certain rules originated. War crimes provisions developed, some even before the League of Nations, due to a mix of humanitarian concerns and self-interest (the intention to avoid excessive brutality against one’s own troops and population). Initial categories of war crimes were established in the 1899 and 1907 The Hague conventions and regulations. 13 They were subsequently codified after the Second World War with the adoption of the four 1949 Geneva Conventions, supplemented in 1977 by the additional protocols. International Humanitarian Law (IHL) provisions relating to war crimes impose on states the obligations: (1) to prohibit certain acts or omissions, (2) to prevent them, (3) to criminalize, as well as (4) to prosecute and punish the perpetrators. The punishment of perpetrators is ensured through trials at the national level (normally national or territorial states). In some cases, such as grave breaches of the 1949 Geneva Conventions, the possibility of bringing perpetrators to justice under the principle of universal jurisdiction has been established. IHL war crimes provisions entail individual criminal responsibility, but do not per se provide for resort to an international criminal court.

All these treaties developed outside the UN framework; however, the most powerful push for the consolidation of this body of law in terms of ICL came from the UN when, in the 1990s the UN Security Council decided on the establishment of the ad hoc Tribunals, the ICTY and ICTR, respectively by resolutions 827 (1993) and 955 (1994). 14 These Tribunals clarified the scope and meaning of most war crimes provisions, with some of that language being codified in the ICC Statute. 15 One may therefore consider that UN engagement with this body of law, although not through UN treaties, was very influential. The Security Council resolutions gave real life to the existing penal provisions of IHL conventions. Not only the UN tribunals applied war crimes provisions and fleshed out their actual meaning translating abstract principles into concrete judgments, but they also proved that direct enforcement through an international tribunal was indeed possible, giving remarkable impulsion to the establishment of the ICC, discussed later on in the chapter.

2.2 Human Rights Law

The other area in which ICL developed is more closely connected to the activities of the United Nations: human rights. The process that led to the Nuremberg trials had shown that one of the key difficulties in addressing Nazi crimes was how to cover atrocities committed, particularly by state officials, against one’s fellow nationals. The provisions on crimes against humanity addressed precisely this concern, even though to mitigate their innovative character in Nuremberg they were linked to the other crimes provided for under the Charter. However, the Copernican revolution 16 launched with Nuremberg was only completed with the adoption of provisions on the protection of human rights. This notion, which can be found in the UN Charter itself, was subsequently boosted through the Genocide Convention and the Universal Declaration on Human Rights, as well as the numerous human rights treaties concluded thereafter. On the basis of these treaties, states are subjected to an international rule of law in the treatment of all human beings, including their own nationals. ICL added the perspective that criminal law could be a mechanism through which human rights could receive additional protection, and a number of conventions included criminalization as a means to protect the rights provided for under the relevant treaty. 17

The key convention in this area, which belongs to the foundational core of ICL, is the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the General Assembly through resolution 260 (III) A on December 9, 1948. 18 Despite the fact that the Nuremberg trials had just documented the magnitude of the extermination of Jews and other groups by the Nazis, there were several hurdles surrounding the negotiation of the Convention. 19 Some delegations seemed to see more disadvantages than advantages in concluding a Convention against genocide (even the term “genocide” created some “discomfort” and did not appear in the Nuremberg Charter or Judgment). Other difficulties were on the scope of the Convention, in particular the quarrel as to the inclusion within the scope of the Convention of so-called “political” and “cultural” genocide, as well as issues of jurisdiction. The idea that states should be able to exercise universal jurisdiction was discarded for a more limited “territorial” jurisdiction—a dubious move, since genocidal acts are typically committed by the authorities governing a given territory. Nonetheless, divisions eventually were set aside and the Convention adopted. It included a definition of genocide, criminalized the relevant conduct without any link to an armed conflict, imposed on states the obligation to adopt relevant provisions in their domestic legal systems, and provided for the jurisdiction of the state in which the crime is committed as well as for the establishment of an international criminal court.

With the adoption of the Convention the momentous process launched by the Nuremberg Charter achieved a moment of “closure.” It seemed as if the crimes of WWII had been addressed and the international community could move on. This may also contribute to explain why, after the adoption of the Convention, further developments in the field of ICL were rather slow and attention shifted onto the negotiations of human rights treaties. The main ICL issues—the drafting of a code of crimes and of the statute of an international criminal court—were sent for further study to the International Law Commission, where they languished for several decades.

Nonetheless, during this time of slower ICL developments, some criminal law aspects did appear in UN human rights treaties: the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery; 20 the 1965 International Convention on the Elimination of All Forms of Racial Discrimination; 21 the 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity (which directly dealt with ICL issues); 22 and the 1973 Convention on the Suppression and Punishment of the Crime of Apartheid. In particular, the issue of apartheid as an international crime entailing individual criminal responsibility and reservations relating to the principle of legality created divisions among member states in the negotiations of the 1968 and 1973 conventions, leading several states to not ratify them. The 1973 Convention indicated that apartheid was a crime and that the alleged perpetrators could be brought to justice by any state party that might have acquired jurisdiction; moreover, the Convention provided for the establishment of an international criminal court. In this framework, there was an attempt in 1980 to establish such a court, with jurisdiction over the crime of apartheid and other crimes. It did not prove successful. 23

The work on these conventions clearly shows signs of the confrontational political climate of those times: during the Cold War it was widely believed that any initiative in the area of human rights and ICL could be politically “instrumentalized” by one side or the other.

In 1984, the UNGA adopted the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Convention provided for states other than the national or territorial state to exercise jurisdiction, though it did not provide for the establishment of an international court. The 2006 Convention of Enforced Disappearances is probably the latest HR treaty that contains ICL elements. That Convention affirms the criminalization of enforced disappearances and acknowledges the fact that enforced disappearance, in certain circumstances, may constitute a crime against humanity. It also established a Committee to monitor the implementation of the convention.

Most of the other HR conventions did not resort to criminal law. This was true, for example, of the major conventions such as the 1966 Covenants on Civil and Political Rights and Economic, Social, and Cultural Rights, as well as the 1979 Convention on the Elimination of all forms of Discrimination Against Women and the 1989 Convention on the Rights of the Child. Nonetheless, they share with ICL the fundamental notion that states are bound to respect some minimum rules in the treatment of all human beings, including their nationals, and do provide for some international monitoring mechanisms over the implementation of the treaty, which bear some elements of “enforcement” on behalf of the international community.

2.3 Individual Responsibility

Both IHL and human rights conventions highlighted individual criminal responsibility as a tool to strengthen compliance—in some cases the treaties provide for an obligation to adopt legislation, and jurisdictional mechanisms that can ensure the prosecution of those responsible. States parties normally assume the duty to criminalize violations and, in some cases to investigate and bring perpetrators to justice before their municipal courts. Some of these conventions, notably those concerning genocide and apartheid, also allow for an international mechanism to accompany the obligation, although they do not themselves establish it.

These treaties contributed to the trend toward accountability for serious violations of human rights and IHL, in line with the Nuremberg legacy. Moreover, despite the fact that these conventions are largely based on an “indirect enforcement” system as far as their criminal law provisions are concerned, they do provide for some form of international control through the establishment of monitoring bodies (the “International Humanitarian Fact Finding Commission” for IHL and the various “expert committees” for human rights treaties),/and two of them referred to an international criminal court. However, until the creation of the ICC, at the end of the 1990s, the idea of ICL direct enforcement through an international court remained hypothetical.

3 The Statute of the International Criminal Court

3.1 from nuremberg to rome.

The adoption of the Rome Statute of the ICC in 1998 was one of the defining moments in ICL. The process started with the Nuremberg and Tokyo Tribunals at the end of WWII. 24 Prior to the ICC Statute, resort to domestic authorities had been the only available mechanism, and this was not particularly satisfactory, for international crimes are generally committed either by the authorities enjoying territorial sovereignty or because these authorities are not in a position to prevent and punish such crimes. As noted by Georg Schwarzenberger, referring to the Genocide Convention (though it could be extended to ICL in general), in the absence of a direct enforcement mechanism, it is “unnecessary when applicable and inapplicable when necessary.” 25 At the beginning of the 1990s, ICL was still lacking a credible and effective enforcement system.

Despite the unfavorable political environment, advocacy for the establishment of an international criminal court had continued. Moreover, some possibilities of working on the issue were reopened when the General Assembly, in 1981, asked the ILC to resume work on the Draft Code of Crimes—work that had been interrupted in the mid-1950s. 26 In those years, however, the focus was still primarily on the offenses—the substantive law. 27 Things started to change at the end of 1989, when the General Assembly requested the ILC to work more actively on the idea of an international criminal court, after an initiative promoted by Trinidad and Tobago for an international court for drug trafficking crimes. The decisive push, however, came in connection with the tragic events of the Balkan wars (1992–1993) and the genocide in Rwanda (1994). With the establishment of the UN Ad Hoc Tribunals, the idea was concretely tested and the time was ripe for relaunching the project of an international criminal court.

In 1994, the ILC presented a draft Statute to the General Assembly; this draft was taken up by the UNGA, first, in an Ad Hoc Committee (1995) and subsequently through a Preparatory Committee (1996–1998); 28 over three years, with the help of the Secretariat, a draft Statute was finalized, and in the early summer of 1998 it was submitted to a UN Diplomatic Conference convened in Rome.

The draft Statute transmitted to the Conference contained over a thousand square brackets—diplomatic shorthand for provisions on which there is no agreement, sometimes containing various options. The Conference met in Rome from June 15 to July 17, 1998; it was attended by 160 states as well as various observers and a very large participation of NGOs. It turned out to be a success: the Conference adopted the Rome Statute of the ICC, an instrument consisting of a preamble and 128 articles, plus a final Act containing six resolutions. Such a result was a true historical achievement, 29 particularly, in light of the fact that at the eve of the closing of the Conference, there still were fundamental issues pending and the concrete risk of a postponement. It took an incredible effort by the Bureau of the Conference to prepare a package deal. On the last day it was presented to member states in an emotionally charged meeting of the Committee of the Whole, where voting took place twice to protect and push forward the text. Eventually it moved to the Plenary, where, in the middle of the night, a new vote was necessary for the treaty to be finally adopted. Crucial issues were addressed and solved during the Diplomatic Conference, some of them in the very final hours. These comprised: the (1) scope of the jurisdiction of the Court, both ratione personae and ratione materiae , including the issue of aggression; as well as (2) the trigger mechanisms and the relationship with the Security Council.

On the first question, it was decided to limit the Court’s jurisdiction to the “core crimes”: war crimes, crimes against humanity, genocide, and aggression; work on other suggested crimes such as drug and arms trafficking, terrorism, and mercenarism was postponed to the future. The inclusion of the crime of aggression was agreed only in principle; it was one of the contentious issues until the very end, particularly in light of the relationship between the Security Council (SC) and the Court. Ultimately, no final agreement on aggression was reached in Rome, and both the definition and the modalities for the exercise of jurisdiction by the Court required further negotiations. On jurisdiction ratione personae , the compromise solution that prevailed granted the Court jurisdiction over individuals provided that the state of nationality or the territorial state were parties to the Statute, unless the SC activates the Court.

The second set of issues concerned the role of the UN Security Council in relation to ICC proceedings, both as far as the jurisdiction on aggression was concerned and the trigger mechanisms for international criminal proceedings more generally. Leaving it only to the Council to determine when investigations had to be opened would have meant entrusting a political body with the keys to international criminal justice. It would have entailed that the prosecution and punishment of the most serious violations of international law would have been left to political discretion. It was considered that the effectiveness of the Court as a tool for punishing very serious breaches of international law would have been seriously impaired if it had been systematically subject to a “veto,” which would have allowed any permanent member of the Council to stop the opening of the investigation. On one point, however, even the states in favor of a broader investigative power for the prosecutor were in agreement: this power could not and should not be unconditional. Thus, in the Statute the power of the prosecutor to initiate investigations proprio motu was subjected to judicial scrutiny by the Pre-Trial Chamber (a panel composed of three judges). At the same time, in order to recognize the role of the SC as the guarantor of international peace and security, the power to request the suspension of proceedings for a renewable period of 12 months was recognized. 30 The crucial difference was that instead of any one permanent member being able to block an investigation, the Rome Statute required agreement on the part of the Council to delay an investigation for a year at a time.

In addition, the entire system hinged on a fundamental “guarantee” for state sovereignty: proceedings before the ICC are admissible only when domestic authorities are unable or unwilling to carry out genuine proceedings at a national level (principle of “complementarity”).

Interestingly enough, the Rome Conference, by establishing the power for the Prosecutor of the ICC to open investigations proprio motu, eventually agreed on a treaty that went far beyond the ILC Draft. This is contrary to what typically happens, with diplomatic negotiations watering down texts prepared by experts.

Massive participation in the Diplomatic Conference and the short time it took for many states to become parties to the treaty are important for two reasons. The first is obvious: since the system is treaty-based, and only state parties assume in full the obligations deriving from the treaty, broad participation is per se a positive element for the Court. The second is that widespread adherence to the Statute of the Court shows support for the provisions of the Statute, which are to a very large extent reflection of customary international law—thus binding also on states that do not ratify the Statute.

In sum: the establishment of the UN ad hoc Tribunals and their work, the studies by the ILC and its initial draft Statute, the lengthy negotiations in the GA framework, and ultimately the nearly miraculous Diplomatic Conference, lead to a result that is “revolutionary”: 31 the establishment of an institution that can prosecute and punish the most serious crimes of concern to the international community as a whole—at last, the direct enforcement system, which had been lacking for so long, had been created.

However, activities on ICL at the UN, particularly in the framework of the ICC Statute system, did not finish once the treaty was adopted. On the basis of resolutions E and F, which were part of the Final Act of the Rome Conference, work resumed in the framework of the Preparatory Commission and, as far as aggression is concerned, it continued in the framework of the Special Working Group on the Crime of Aggression (SWGCA) established by the Assembly of States Parties in 2002, “open on equal footing to all States Members of the United Nations or members of specialized agencies or of the International Atomic Energy Agency.” 32

3.2 The Rome Statute System and the UN

The Rome Statute entered into force on July 1, 2002, after obtaining—surprisingly quickly—the 60 ratifications required. The entry into force of the Statute not only entailed the actual coming into life of the Court itself, but also meant the establishment, under Article 112 of the Statute, of an Assembly of States Parties (ASP) that would “meet at the seat of the Court or at the Headquarters of the United Nations once a year” 33 and be responsible for all the tasks listed in the Statute. Work in the Assembly started with sessions held in New York, in 2002 and 2003, to set in place all the requirements for the concrete functioning of the Court from the election of the first judges and Prosecutor to the adoption of the budget. It also saw the transition from UN-driven activities in the Preparatory Commission to the work of the Assembly of States Parties, such as adoption of the Rules of Procedure and Elements of Crimes, and continued discussion of the crime of aggression.

Three main areas of work in the ASP bear relevance for our purposes: (1) the ICC relationship with the UN, (2) the negotiations over the crime of aggression, and (3) the quest for the universalization of the Statute. All these tasks were undertaken in the framework of the ASP since the very beginning. However, while the first “assignment” was completed rather quickly, with the adoption of the 2004 relationship agreement between the ICC and the UN (as envisaged in Article 2), work on the crime of aggression and the campaign for universalization required more time. Work on aggression has now been completed, with the decision on the activation of the Court’s jurisdiction over this crime adopted in December 2017, taking effect on July 17, 2018. Universalization, on the other hand, is an ongoing task and presumably the biggest challenge for the ICC system.

Negotiations over the crime of aggression have been a long journey that took over 70 years to be completed and cannot be addressed in depth in this chapter. 34 Most of this process took place at the UN, even though in the final part within the more limited “circle” of the ASP.

As far as the quest for full universality is concerned, not only it would be important to increase the number of states parties, but also find ways to organize relationships with nonparties productively. This calls into question the ability of the ICC system to interact with the UN and its organs. The ICC system has been able to cooperate with the Secretariat and finds support in the General Assembly; it is also engaged with the Security Council, even though this relationship appears to be more problematic. In Rome, as mentioned, states did not want to leave the “keys” to the Court in the hands of the Council. This eventually led to lack of support by three of the five permanent members, which remain outside the Statute system. The United States and Russia have “unsigned” the Statute, while China never signed it. This creates an uneasy relationship between the Council and the Court. The need for a link with the UN, however, is not so much for effectiveness purposes, but rather to pursue full universalization. In reality, the Statute already possesses universal nature in its principles and rules, and by the very fact that the Security Council can activate the Court’s jurisdiction in any situation. The Council confirmed it, by using its power to activate the Court on two occasions: in 2005, for the situation in Darfur (Sudan), with resolution 1593 (2005), and in 2011 for Libya, with resolution 1970 (2011). Council referrals, however, have not turned out to be blessings for the Court; on the contrary, they have made the Court the target of criticisms on double standards and selectivity: challenges that in theory should be more appropriately addressed to the Council. The General Assembly, on the other hand, could be the forum where more conducive work could be carried out, potentially including through further UN treaty processes.

4 New Areas for Developments

Before closing, it is worth noting four new areas in which there might be developments potentially leading to multilateral treaty processes.

First, the idea of a draft treaty on crimes against humanity . Of the four traditional categories of international crimes, crimes against humanity seemed to have remained the only one without a treaty that organizes and systematizes the category. Of course, the Rome Statute may have now made this idea obsolete; however, since not all UN member states are parties to the Statute, the project of such a convention might present some interest to revitalize the interest of all states for the fight against impunity. The project is currently at the ILC; a draft text with commentaries has been adopted on “first reading” and submitted to states for comments. Subsequently, there will be a second reading by the Commission; a new draft will be produced, and could be probably submitted to the GA by 2020. Preliminary reactions by states seem rather positive, and many see this as a potentially fruitful development in the area of ICL multilateral treaties.

Second, the issue of the immunity of state officials from foreign criminal jurisdiction . The ILC has been studying this topic since 2007. While there is broad agreement on immunities as a key component of international law, there seems to be divisions, both in the ILC and among member states, on their scope and on any exceptions for ICL crimes. Given the divide, it seems unlikely—at this stage—that the positions could be reconciled in the short term. Broadly speaking immunities and ICL do not coexist very well. A possible approach, should there be agreement on the fundamental rules governing immunities, could be to entrust any final decision in specific cases to an international institution. Naturally, this would require states to accept any such mechanism.

The third area is the work carried out in the Sixth Committee of the General Assembly on the principle of universal jurisdiction . This topic was originally introduced in 2009 at the request of Tanzania on behalf of the African group. The main concern at the time was the alleged abuse of universal jurisdiction by some states, particularly in Western Europe. The wording chosen for the agenda item in the end however was broader: “scope and application of the principle of universal jurisdiction,” leaving ample room for discussion. Nearly 10 years of debates have highlighted many interesting aspects. All states seem to agree that at least in principle some cases of universal jurisdiction are admissible; there is also agreement that it should be exercised only under very exceptional circumstances. Yet the debates have not resulted yet in any concrete action. On the one hand, there seems to be disagreement as to the categories of crimes that fall under the universal jurisdiction principle; on the other, there are different ideas as to the consequences of the exercise of such jurisdiction and the appropriate mechanisms to address them. The diverging views have prevented any step forward so far. Several outcomes could be envisaged, including a draft convention. Such a convention could contain general principles; it could provide for specific rules addressing potential conflicts and should ultimately provide for a mechanism to solve conflicts of jurisdiction. However, since the main problem in the area of ICL so far remains the absence of exercise of jurisdiction, it would be ideal if such a convention would also include mechanisms to address “negative” conflicts of jurisdiction—that is, cases where impunity for international crimes prevails because no domestic authority is willing or able to investigate or prosecute. At this stage, however, any step in this direction seems premature.

Finally, another potential ICL development, although not embedded in any UN process, is the proposal by a group of states for a treaty on mutual legal assistance on “core crimes.” At some point in the future, this project, mentioned on occasion at the UN by some of its proponents, could be brought into the realm of UN discussions. In the past, suggestions had been made that it could be developed in the framework of the Commission on Crime Prevention and Criminal Justice or in the UN GA Sixth Committee. 35 Unfortunately, the increasing polarization of international relations, and the fact that ICL issues tend to be divisive, makes it unlikely that any such draft convention will be adopted at the UN. 36

All these initiatives show that the UN can be a relevant arena to discuss ICL developments. Clearly, the ICC system is bound to be the driving force of ICL, at the same time the UN remains the global forum where all states can engage with accountability issues.

5 Conclusion

As the embodiment of universal legitimacy, the UN is inextricably linked to ICL. This is reflected not only in numerous UN treaties, and above all the 1998 ICC Statute, but also in all UN activities that contribute to the larger effort to establish an “age of accountability.”

The experience of the ad hoc and hybrid tribunals, as well as the first 15 years of operation of the Rome Statute system, have been a constant reminder that any ICL direct enforcement mechanism requires the constant support of states, including at the UN.

The ICC is designed to be a universal and permanent institution. The principles contained in the Statute are universal, and ratification by two-thirds of the UN member states is further evidence of the universality of the instrument. The Court is linked to the UN by the relationship agreement; the General Assembly adopts an annual resolution and the Secretariat cooperates with the Court in various areas. Under the Statute, the Security Council may activate the Court’s jurisdiction and has done so twice (Darfur and Libya); moreover, the Council has recognized the work of the Court in other contexts (for example, CAR or Mali as reflected in relevant resolutions). Nonetheless, the Statute still lacks support in some quarters of the international community and several UN member states, for different reasons, remain outside the system. 37 This situation creates difficulties for a mechanism that oscillates between the universality of the values it defends and the treaty-based regime through which it operates.

The attacks against the ICC are mainly due to two reasons: (1) its relationship with the Security Council, and (2) the issue of immunity of state officials. Both aspects are evidence of a fundamental ICL conundrum: the relationship between justice and politics. Some problematic aspects of this relationship have emerged in tensions with certain African states and the AU over heads of states’ immunity, as well as in the approach taken by some members of the Council. Nobody doubts the usefulness to allow room for political dialogue. However, the basic principle on which the Court is founded is that of independence and on the administration of justice in a fair and impartial manner. Attacks on the Court are mostly misplaced; however, serious and well substantiated criticism needs to be examined on its merits through dialogue. As far as states parties are concerned, this dialogue must occur in the ASP framework. It is precisely to this task that the first African president of the Assembly, Minister Sidiki Kaba of Senegal, devoted great efforts during his three years mandate (2014–2017). At the same time, however, dialogue must also take place at the UN and include in the discussion states that are not parties to the Statute.

The challenges ahead are linked to the ability of the UN and of the ICC system, in their respective spheres of competence, to continue to work together in addressing the fight against impunity. There are a number of areas of concern—deadlock in the proceedings concerning the situations referred by the Council, the financing of those referrals, or the inability of the Council to tackle accountability in other situations, such as the Syrian conflict or the Yemenite crisis. ICL (like the ICC) is a tool of last resort, kicking in when other mechanisms have failed; naturally, it could display more tangible preventive effects if accountability for international crimes were addressed more coherently. The fight against impunity should be a priority for all UN member states and it could be revived not only in Council action but also in the work of the General Assembly. In this regard, the prospective draft convention on crimes against humanity, as well as any discussions on a treaty on mutual legal assistance on core crimes, could prove useful tools to improve such commitment.

The relationship between the UN and international criminal law is necessarily tempestuous: for ICL aims at justice, while the UN is the “house of politics.” Politics and justice are bound to live in a certain tension. 38 Such tensions must be addressed through dialogue, and the UN provides the natural forum for such dialogue and, where appropriate, further incremental steps in the development of institutions to achieve their overlapping aims.

The notion of international criminal law adopted for the purpose of this study is centered on the prevention and repression of the so-called “core crimes” listed in Article 5 of the Rome Statute of the International Criminal Court (ICC): war crimes, crimes against humanity, genocide, and aggression. This does not mean that broader notions of ICL are not appropriate in other contexts; see Antonio Cassese, International Criminal Law (3rd edn, OUP 2013), 18–21, who includes under ICL torture and terrorism as discrete offenses; and M Cherif Bassiouni, “The Penal Characteristics of Conventional International Criminal Law” (1983) 15 Case West Reserve JIL 27–28 (and the authors cited therein) suggesting a wider definition.

See eg Santiago Villalpando, “The Legal Dimension of the International Community: How Community Interests Are Protected in International Law” (2010) 21 EJIL 387, 406. See also F Lattanzi, Garanzie dei Diritti dell’Uomo nel Diritto Internazionale Generale (Giuffrè, 1983) 351–418.

For these categories cf. M Cherif Bassiouni, Introduction to International Criminal Law (2nd edn, Brill-Nijhoff 2013) 27–44.

A well-known example is the attempt, after the First World War, to bring to trial “William II of Hohenzollern, formerly German Emperor, for a supreme offence against international morality and the sanctity of treaties” as reflected in Article 227 of the Versailles Treaty.

On the occasion of the day of international criminal justice in 2014 the UN Secretary General Ban Ki-moon stated that “[the] objectives of the Court and the United Nations are clearly aligned” < www.un.org/sg/en/content/sg/statement/2014-07-17/secretary-general-remarks-international-criminal-jusice-day > and the USG for Legal Affairs Miguel de Serpa Soares further emphasized that “we [the United Nations and the Court] are indeed partners with shared values”; see <legal.un.org/ola/media/info_from:lc/mss/speeches/MSS_Intl_Crim:Justice_Day_10th_anniv_UN-ICC-RA-17-July-2014.pdf> accessed January 24, 2019.

UNGA Res 3(I) (13 February 1946).

UNGA Res 95(I) (11 December 1946).

Or at least this is how Rafael Lemkin (the man who invented the term “genocide”) described it; see DL Frieze (ed), Totally Unofficial: The Autobiography of Rafael Lemkin (Yale University Press 2013) 157.

See the work of the ILC 8th edition volume I, 2012, 98.

Speech by Philippe Kirsch, President of the ICC, “From Nuremberg to the Hague. The Nuremberg Heritage: A Series of Events Commemorating the Beginning of the Nuremberg Trials,” 4, < www.icc-cpi.int/NR/rdonlyres/08AB9F8F-53A2-4533-BCE0-887419726332/143894/PK_20051119_En.pdf > accessed January 24, 2019.

UNGA Res 71/248 (21 December 2016).

UNSC Res 2379 (21 September 2017).

See eg G Solis, The Law of Armed Conflict (CUP 2010) 3–27.

cf M Sassoli, “Humanitarian Law and International Criminal Law,” in Antonio Cassese et al (eds), Oxford Companion to International Criminal Justice (OUP 2009) 113, emphasizing that “IHL provisions on the prosecution of war crimes were largely ignored until 1990.”

The ad hoc Tribunals contributed to a very large extent to clarify the interpretation of The Hague and Geneva laws and gave momentum to the final drafting of the provisions of the Rome Statute on war crimes; eg, in this regard see Antonio Cassese, “The Statute of the International Criminal Court: Some Preliminary Reflections” (1999) 10 EJIL 144; see also T Meron, “Convergence of International Humanitarian Law and Human Rights Law” (2000) 94 AJIL 239.

R Maison, Justice pénale internationale (Puf 2017) 141 (and authors cited therein).

Prior to the creation of the UN, for example, the 1926 Slavery Convention (concluded in the framework of the League of Nations) resorted to criminalization as a means to strengthen compliance.

In general, see William Schabas, Genocide in International Law (CUP 2000); P Gaeta (ed), The UN Genocide Convention. A Commentary (OUP 2009); H Abtahi and P Webb, The Genocide Convention. The Travaux Préparatoires (Nijhoff-Brill, 2008). As highlighted by Schabas “the Genocide Convention was the first human rights treaty adopted by the General Assembly … ” William A Schabas, “Convention on the Prevention and Punishment of the Crime of Genocide: Introductory Note” UN Audiovisual Library of International Law <legal.un.org/avl/ha/cppcg/cppcg.html> accessed January 24, 2019.

The process originated from a proposal introduced by Cuba, India, and Panama, which led to resolution 96 (I) of 11 December 1946 by which the GA launched a process for the preparation of a draft convention on genocide. The Convention was prepared on the basis of inputs from the Secretariat, it was further negotiated in the framework of the ECOSOC and was subsequently brought to the GA for approval.

Adopted by a Conference of Plenipotentiaries convened by ECOSOC resolution 608(XXI) of 30 April 1956 and done at Geneva on 7 September 1956.

Adopted with GA resolution 2106 (XX) of 21 December 1965; entered into force 4 January 1969.

On November 26, 1968, the GA adopted resolution 2391 (XXIII) with the convention as an annex. The resolution was adopted with a vote (58 in favor, 7 against, and 36 abstentions). The Convention was a useful reminder of some of the principles contained in the Nuremberg legacy, a recollection that individual criminal responsibility for international crimes continued to apply and a powerful statement that “time does not cancel” this responsibility. States, however, were divided on the adoption of the Convention, for during the drafting process additional elements had been added concerning the definitions of the crimes. In particular, reference to apartheid and broadening the notions of crimes against humanity and war crimes did not seem to some states to be coherent with the need to respect the principle of legality; these states eventually opposed or abstained in the voting, and ultimately did not ratify the Convention. Some states considered too innovative the provisions of the Convention or that the language was imprecise; some raised concerns in terms of non-retroactivity; others challenged other provisions, such as article 3 on extradition. For the views of states see UN doc A/PV.1727 23rd session 26 November 1968, eg the UK (opposing adoption of the Convention) at paras 59–66, France (abstaining) at paras 71–73, Norway (abstaining as well) at paras 78–81.

See UN doc E/CN.4/1426 Ad Hoc Working Group of Experts Draft Statute in M Cherif Bassiouni and DH Derby, “Final Report on the Establishment of an International Criminal Court for the Implementation of the Apartheid Convention and Other Relevant International Instrument” (1981) 9 Hofstra LR 523, 547–71.

For a rich summary of the process leading to the ICC Statute see William Schabas, The International Criminal Court: A Commentary on the Rome Statute (OUP 2016) 1–27.

Georg Schwarzenberger, International Law (3rd edn, Stevens and Sons 1957) vol 1, 143.

The ILC worked for a decade with several reports by the Special Rapporteur, Doudou Thiam, together with the Secretariat, taking into account the comments of states.

Some of the crimes listed in these drafts remained outside the scope of the ICC Statute or were drafted in a different way—for example the 1991 ILC draft Code included the following crimes: aggression; threat of aggression; intervention; colonial domination and other forms of alien domination; genocide; apartheid; systematic or mass violations of human rights; exceptionally serious war crimes; recruitment, use, financing and training of mercenaries; international terrorism; illicit traffic in narcotic drugs; and willful and severe damage to the environment.

The ILC had worked on the issue of a code of crimes and a draft Statute since 1981 and until 1996.

UN Secretary-General Kofi Annan at the ceremony held in Rome on July 18 stated this was “a giant step forward in the march towards universal human rights and the rule of law,” see < www.un.org/press/en/1998/19980720.l2890.html > accessed January 24, 2019; in relevant legal literature see L Condorelli, “La Cour pénale international: un pas de géant … ” (1999) 103 Revue générale de droit international public 7.

For a detailed analysis cf L Condorelli and S Villalpando, “Referral and Deferral by the Security Council” in Antonio Cassese, P Gaeta, and JRWD Jones (eds), The Rome Statute of the International Criminal Court. A Commentary (OUP 2002).

See Cassese (n 15 ) 145.

cf op 2, resolution ICC-ASP/1/Res.1, Continuity of work in respect of the crime of aggression adopted at the 3rd plenary meeting, on 9 September 2002, see <asp.icc-cpi.int/iccdocs/asp_docs/Resolutions/ICC-ASP-ASP1-Res-01-ENG.pdf> accessed January 24, 2019. For an interesting stocktaking of the work on this item up to 2002, see M Politi and G Nesi (eds), The International Criminal Court and the Crime of Aggression (Ashgate, 2004).

Rome Statute, Article 112(6).

On this journey see C Kress and S Barriga, The Crime of Aggression: A Commentary (CUP 2016).

See W Ferdinandusse, “Improving Inter-state Cooperation for the National Prosecution of International Crimes: Towards a New Treaty?” (2014) 18 ASIL Insights 15.

On recent developments relating to this treaty see <ilg2.org/2017/12/07/fighting-against-impunity-the-mutual-legal-assistance-initiative-for-domestic-prosecution-of-the-most-serious-crimes/> accessed January 24, 2019.

Apart from China, Russia, and the United States, other countries outside the ICC system range from Algeria and Morocco to Egypt and Israel, from Lebanon and Saudi Arabia to India and Pakistan, from Indonesia and Singapore to Iran and Malaysia, from Cuba and Jamaica to Monaco and Turkey. Nonetheless should it decide so the Security Council could broaden the court’s jurisdiction to nationals of these countries or their territories, irrespective of their not being contracting parties to the Statute.

A leading Italian scholar, in the nineteenth century, notoriously stated that “always and everywhere when politics enters through the gates of the temple, justice—scared—runs away from the window” and concluded that “politics and justice were not born sisters”: F Carrara, Programma del Corso di Diritto Criminale, parte speciale (7th edn Casa Editrice Libraria “Fratelli Cammelli” 1898) 674–75.

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Home » Blog » Dissertation » Topics » Law » International Criminal Law » 80 International Criminal Law Research Topics

80 International Criminal Law Research Topics

FacebookXEmailWhatsAppRedditPinterestLinkedInAs students embark on their academic journey towards undergraduate, master’s, or doctoral degrees, the realm of research topics within International Criminal Law unveils itself as a vast and captivating landscape. Choosing the right research topic is akin to selecting the compass to guide you through the intricate labyrinth of international legal systems, human rights, and […]

As students embark on their academic journey towards undergraduate, master’s, or doctoral degrees, the realm of research topics within International Criminal Law unveils itself as a vast and captivating landscape. Choosing the right research topic is akin to selecting the compass to guide you through the intricate labyrinth of international legal systems, human rights, and transnational justice. This article will navigate the diverse currents of International Criminal Law research topics, providing a comprehensive roadmap for those aspiring for a compelling and impactful thesis or dissertation. So, whether you’re a budding scholar seeking to delve into the complexities of global justice or a seasoned researcher searching for fresh perspectives, this exploration of research topics will illuminate your path in the world of international legal scholarship.

International Criminal Law is often called ICL, transnational criminal law, global justice, and international human rights law. is a branch of law that deals with prosecuting individuals or entities for international crimes, including acts such as genocide, war crimes, crimes against humanity, and aggression.

A List Of Potential Research Topics In International Criminal Law:

• Exploring the challenges of addressing COVID-19-related disinformation and misinformation internationally.
• Investigating the relationship between international business expansion and corporate governance.
• Exploring the role of corporate diplomacy in managing international business disputes.
• Investigating the role of international organizations in addressing pandemic-related transnational crimes.
• Assessing the implications of Brexit on the UK’s extradition and mutual legal assistance treaties with non-EU countries.
• Analyzing the influence of UK’s departure from the EU on cross-border evidence sharing in criminal cases.
• Evaluating the role of cross-border cooperation in combating COVID-19-related financial crimes.
• Exploring the challenges of international marketing for luxury brands.
• Assessing the implications of Brexit on extradition agreements between the UK and EU countries.
• Investigating the effects of cultural dimensions on cross-border negotiation strategies.
• Examining the impact of currency fluctuations on multinational corporations’ financial performance.
• Evaluating the influence of global financial institutions on debt relief policies in developing nations.
• Exploring the challenges of managing international human resources in the digital age.
• Assessing the impact of international trade agreements on intellectual property protection.
• Assessing the implications of COVID-19 on international extradition treaties and practices.
• Investigating the influence of international business networks on innovation diffusion.
• Investigating the role of international arbitration in resolving cross-border commercial disputes.
• Examining the implications of COVID-19 on international human rights law and protections.
• Assessing the role of cultural factors in shaping consumer behavior in international markets.
• Assessing the influence of cultural differences on international negotiation outcomes.
• Evaluating the role of global branding in shaping consumer perceptions and preferences.
• Analyzing the implications of trade protectionism on global supply chain resilience.
• Evaluating the role of international organizations in facilitating global vaccine distribution post-COVID.
• Exploring the challenges of managing cross-border innovation networks in the tech industry.
• Jurisdictional Challenges in International Criminal Law and Insurance Law.
• Investigating the effects of the pandemic on international refugee and asylum policies.
• Investigating the effects of the pandemic on international law enforcement agencies’ capabilities.
• Investigating the role of the UK as a case study in the development of transnational criminal law.
• Examining the role of international trade in mitigating food security challenges.
• Examining the implications of trade sanctions on international supply chains.
• Examining the post-Brexit impact on UK’s participation in international criminal law enforcement.
• Analyzing the influence of cultural intelligence on global marketing strategies.
• Exploring the ethical dimensions of corporate social responsibility in international business.
• Assessing the impact of COVID-19 on international criminal justice reforms and procedures.
• Exploring the implications of digital globalization on cross-border taxation policies.
• Assessing the effects of the pandemic on international extradition and legal cooperation.
• Assessing the influence of COVID-19 on the prosecution of war crimes and crimes against humanity.
• Analyzing the impact of climate change regulations on global shipping and logistics.
• Analyzing the role of international health regulations in pandemic response and accountability.
• Exploring the challenges of prosecuting pandemic-related crimes under international law.
• Examining the role of international trade in promoting sustainable development goals.
• Analyzing the role of international trade in technology transfer and innovation diffusion.
• Evaluating the challenges of cross-border evidence gathering in the era of remote trials.
• Evaluating the effectiveness of international joint ventures in emerging economies.
• Investigating the implications of cyber-attacks on international supply chain security.
• Investigating the challenges of managing cross-cultural teams in multinational corporations.
• Evaluating the impact of Brexit on the UK’s role in international counter-terrorism efforts.
• Evaluating the effectiveness of cross-cultural training programs for global expatriates.
• Investigating the post-COVID impact on international criminal law enforcement.
• Exploring the challenges of ensuring fair and just pandemic-related trials in international courts.
• Examining the role of cultural diplomacy in promoting international business cooperation.
• Evaluating the relationship between international business strategies and environmental sustainability.
• Exploring the dynamics of global value chains in the pharmaceutical industry.
• Evaluating the impact of global economic integration on income distribution.
• Assessing the role of international business ethics in promoting responsible corporate behavior.
• Assessing the impact of international business expansion on income inequality in host countries.
• Evaluating the role of international financial institutions in managing currency crises.
• Investigating the impact of political risk on international investment decisions.
• Analyzing the implications of environmental regulations on international shipping practices.
• Assessing the impact of Brexit on UK-EU trade relations and its global ramifications.
• Data Protection in International Criminal Law and Privacy Law.
• Evaluating the impact of trade liberalization on income inequality in developing countries.
• Investigating the effects of political instability on foreign direct investment decisions.
• Analyzing the role of international organizations in addressing human rights violations in supply chains.
• Exploring the challenges of cross-border intellectual property enforcement in the digital era.
• Analyzing the role of foreign exchange markets in international financial risk management.
• Analyzing the impact of international trade policies on cross-border intellectual property disputes.
• Investigating the effects of global financial crises on foreign direct investment patterns.
• Evaluating the influence of global economic trends on foreign direct investment flows.
• Analyzing the implications of the pandemic on the enforcement of international economic sanctions.
• Evaluating the impact of the pandemic on the rights of refugees and displaced persons.
• Examining the effects of trade imbalances on global economic stability.
• Analyzing the implications of trade facilitation measures on global trade volumes.
• Analyzing the influence of the pandemic on international cybersecurity and cybercrime.
• Examining the effects of Brexit on the UK’s engagement with international human rights organizations.
• Investigating the role of multinational corporations in shaping global labor standards.
• Assessing the role of blockchain technology in enhancing international trade transparency.
• Exploring the role of international trade agreements in promoting sustainable agriculture.
• Analyzing the role of virtual court proceedings in international criminal law cases post-COVID.

In the realm of International Criminal Law, the possibilities for research are boundless, spanning across various academic levels. Whether you aim to investigate the evolving jurisprudence of the International Criminal Court, analyze the intersection of ICL and technology, or delve into the complexities of prosecuting state officials for human rights abuses, a rich tapestry of topics is awaiting exploration. As you embark on your academic journey, remember that your choice of research topic should resonate with your passion and commitment to making a meaningful contribution to the ever-evolving field of International Criminal Law. So, let your curiosity be your guide, and may your research journey be enlightening and transformative.

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DISSERTATION THE ROLE OF THE INTERNATIONAL CRIMINAL COURT IN ENFORCING HUMAN RIGHTS LAW

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ABSTRACT This research work analyzes whether the International Criminal Court (ICC) has lawfully issued and circulated an arrest warrant against the sitting Head of State of Sudan, Omar Hassan Ahmad Al Bashir, and whether its request to the States parties to the Rome Statute (particularly Malawi) to arrest and surrender him is in conformity with the provisions of the Statute. In this work, the argument is made that the rules of customary international law on personal immunities of sitting Heads of State do not apply in the case of the exercise of criminal jurisdiction by an international criminal court; therefore they do not bar the exercise of the jurisdiction of the ICC with respect to an incumbent Head of State, even if this individual comes from a state not party to the Rome Statute like Sudan, especially when the case is referred to it by the UN Security Council under chapter VII of the UN Charter. However, one thing is to assert that the ICC can ‘lawfully’ issue and circulate an arrest warrant against individuals entitled to personal immunity before national courts, and quite another to say that States can ‘lawfully’ disregard the personal immunity of these same individuals, and surrender them to the requesting international court. This research work conclude that while the ICC arrest warrant is a lawful coercive act against a sitting Head of State, the ICC request to States parties to surrender President Al Bashir is contrary to Article 98(1) of the Rome Statute. Therefore, States parties are not obliged to comply with this request, as far as the Republic of Sudan will not waive personal immunity entitled to Omar Hassan Ahmad Al Bashir.

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International criminal law, quick links.

• International Criminal Court (ICC)
• Ad Hoc Tribunals (ICTY & ICTR)
• Hybrid Courts & Tribunals
• Core Crimes
• Key Online Resources
• Additional Resources

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This research guide will assist you with finding international criminal law jurisprudence and preparatory works (negotiating/drafting history) from the International Criminal Court, ad hoc tribunals (ICTY and ICTR), and hybrid courts and tribunals. This research guide also highlights resources available pertaining to the following four core crimes: genocide, crimes against humanity, war crimes, and crime of aggression. 

• ICC Legal Tools Database Free resource providing access to documents from the International Criminal Court and other international criminal courts and tribunals, including the ICTY, ICTR, SCLS, ECCC, STL, SPSC, among others, in addition to international legal instruments, human rights law decisions and documents, and UN War Crimes Commission documents.
• Lexsitus Free resource from the Centre for International Law Research and Policy (CILRAP) providing access to lectures, commentary, case law, preparatory works, and digests for the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court.
• Oxford Scholarly Authorities on International Law Subscription database providing access to commentaries, scholarly works, and books on international law topics, including human rights law, criminal law, use of force/humanitarian law, and more. A full list of the titles included in this collection is available here .

This research guide was last updated on February 1, 2022.  

• Next: International Criminal Court (ICC) >>
• Last Updated: Feb 1, 2022 9:52 AM
• URL: https://library.law.northwestern.edu/IntlCrimLaw

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Purpose of this guide

This guide is intended for students and researchers studying international criminal law at the University of Oxford, although students and researchers from any field may find it useful.

Use this guide to find out about sources and commentary for international criminal law, including ebooks, ejournals, and databases.

International Criminal Law: quick start

• Online resources

Key library

• Other Bodleian Libraries

The Max Planck Encyclopedias of International Law combines the fully updated online edition of the Encyclopedia of Public International Law (MPEPIL) (originally published in print between 1991 and 2001) with the Max Planck Encyclopedia of International Procedural Law (MPEiPro) which has been published (online only) since September 2019. The peer-reviewed articles in both works are updated and added to monthly.

Resources available to all with access to the internet

• International Criminal Law and Procedure (UN's AudioVisual Lecture Series) Open access part of UN's AudioVisual Lecture Series.
• SHERLOC The SHERLOC portal is an initiative to facilitate the dissemination of information regarding the implementation of the UN Convention against Transnational Organized Crime, the three Protocols thereto and the international legal framework against terrorism.
• Lexsitus Free resource. "The International Nuremberg Principles Academy is pleased to partner with the Centre for International Law Research and Policy (CILRAP) and present Lexsitus, a new online service ... The main objective of Lexsitus is to support the learning of, and work with, legal sources in international criminal law." more... less... "[Lexsitus offers] integrated access to the following resources, at the level of every article and main provision of the Statute of the International Criminal Court (ICC): more than 230 lectures by 50 Lexsitus Lectures from all regions ... ; a commentary made up of 915 separate comments; international case law; the preparatory works of the ICC Statute; and two digests that offer excerpts from judgments on more than 860 separate pages for individual elements of crime. Transcripts are available as a separate PDF-file for every lecture. Lexsitus offers the possibilities to establish a personal user account, build an individual library, search and download, and to copy-and-paste quotations for individual drafting purposes. The landing page has links to a user-friendly audio-visual tutorial, as well as introductions ..."
• Professor K J Heller, SOAS/ University of Melbourne: What is an International Crime? Free resource Podcast of lecture given at Oxford 30 Jan 2014 [0:33:16]
• United Nations International Residual Mechanism for Criminal Tribunals Official UN website "By establishing the Mechanism, the Council has helped to guarantee that the closure of the two pioneering ad hoc tribunals [ International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY)] does not open the way for impunity to reign once more.
• Amnesty International's Universal Jurisdiction: A Preliminary Survey of Legislation Around the World: Free resource. (2011).130 page pdf. "Universal jurisdiction, an essential tool of international justice, is the ability of the court of any state to try persons for crimes committed outside its territory that are not linked to the state by the nationality of the suspect or the victims or by harm to the state’s own national interests ... this preliminary survey by Amnesty International .. is designed to assist the Sixth [Legal] Committee of the UN General Assembly in its discussions.
• Amnesty International's guide to terms in international criminal law Free pdf to download
• ICD: International Crimes Database Free resource. "The International Crimes Database (ICD) website, hosted and maintained by the T.M.C. Asser Instituut in The Hague and supported by the Dutch Ministry of Security and Justice and the International Centre for Counter-Terrorism – The Hague, offers a comprehensive database on international crimes adjudicated by national, as well as international and internationalized courts." Under Commentary, has Video recordings of past Supranational Criminal Law Lectures & written Briefs.
• Hybrid Justice Project The Hybrid Justice project analyses the impact of ‘hybrid’ domestic-international criminal justice mechanisms in post-conflict and transitioning states. These courts and tribunals feature varying combinations of domestic and international staff, operative law, structure, financing and rules of procedure. more... less... Principal investigators: Kirsten Ainley, London School of Economics and Political Science Mark Kersten, Wayamo Foundation and University of Toronto Funded by the Rockefeller Foundation and the LSE Institute of Global Affairs.
• Bodleian Law Library (the Law Bod or BLL) The Bodleian Law Library (the Law Bod or BLL) is Oxford University's research library for law, human rights, criminology and socio-legal studies. It supports the staff and students of the Faculty of Law and the wider legal community. Please visit the official website - via this link - for opening hours, floor plans, services etc more... less... Oxford Alumni are very welcome - but please be sure to have a current Bodleian Reader Card with you before arriving. (Details of the steps required for Oxford graduates are on the official Bodleian website.) The Bodleian Law Library is proud to be a research library for the wider legal community, once they have been issued with a Bodleian Reader Card from Central Admissions. (Details of the procedure are available on the Bodleian's official website.) NOTE. The terms of several of the major legal databases mean they are restricted to current members of the student cohort and teaching faculty.

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In the Bodleian Law Library, the majority of the current collection for this topic is on open shelf on Level 3.  

This is one floor above the entrance level to the library. It is accessible by both stairs and a lift.

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International law reports - shelved at  Internat  100s Internatonal Law Journals volumes 2000 to date - shelved at  Internat 300.  (If you require a  volume from 1999 or earlier, you can find these on the Ground Floor of the Law Library) Monographs, grouped in broad classifications as follows: Internat 500   general works on public international law - many of which may have relevant chapters on international criminal law Internat 580   International criminal law Internat 570  Human Rights Law Internat 750  War and armed conflict

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• Bodleian Law Library The Bodleian Law Library (the Law Bod or BLL) is Oxford University's research library for law, human rights, criminology and socio-legal studies. It supports the staff and students of the Faculty of Law and the wider legal community. Please visit the official website - via this link - for opening hours, floor plans, services etc more... less... Oxford Alumni are very welcome - but please be sure to have a current Bodleian Reader Card with you before arriving. (Details of the steps required for Oxford graduates are on the official Bodleian website.) The Bodleian Law Library is proud to be a research library for the wider legal community, once they have been issued with a Bodleian Reader Card from Central Admissions. (Details of the procedure are available on the Bodleian's official website.) NOTE. The terms of several of the major legal databases mean they are restricted to current members of the student cohort and teaching faculty.
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Nulla Poena Sine Lege in Continental Criminal Law: Historical and Theoretical Analysis

• Original Paper
• Published: 12 May 2018
• Volume 13 , pages 215–224, ( 2019 )

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• Evgeny Tikhonravov   ORCID: orcid.org/0000-0003-2132-842X 1  

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Multiple viewpoints have been expressed regarding the principle nulla poena sine lege (there exists no punishment without a pre-existing penal law). Some scholars advocate the inviolability of this maxim because it safeguards personal freedom—an opportunity to do everything not prohibited by law. However, its critics assert that rigid adherence to the principle nulla poena sine lege may do more harm than good. They argue that the maxim, while prohibiting judges from punishing non-criminal acts, makes it impossible for courts to deter them in a timely manner, which, in certain cases, may have a detrimental effect on society. To determine the correct approach to nulla poena sine lege , the paper considers its history in continental criminal law and then analyses the principle theoretically. The examination reveals that two contradictory interests—the need to safeguard personal freedom and the need to combat lawful, yet socially harmful, acts through judicial punishment—cannot be completely ignored in practice. Therefore, the findings suggest a balancing between these interests and propose a way to achieve this compromise.

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From Free Will to Social Defense (or from Cesare Beccaria to Cesare Lombroso): Julio Herrera and the Criminal Law Codification in Argentina (1903–1922)

The influence of the napoleonic penal code on the development of criminal law in germany: juridical discourses, legal transfer and codification.

‘Not Twice for the Same’: Double Jeopardy Protections Against Multiple Punishments

Ludwig v. Bar, Handbuch des Deutschen Strafrechts B. 1 (Berlin 1882 ), S. 117, 123; Robert v. Hippel, Deutsches Strafrecht. B. 1 (Berlin, 1925 ), S. 139–140.

Available at http://www.koeblergerhard.de/Fontes/TirolerMalefizordnung1499.pdf . All translations from German into English and from Russian into English are mine unless otherwise noted.

Fedor Dubrovin, “O razmerakh dopustimosti analogii pri primenenii ugolovnogo zakona” [“On the Scope of Admissibility of Analogy in Criminal Law Application”], Zhurnal ministerstva iustitcii 5 ( 1899 ): c. 129, 133; Erwin Rejewski, Die Stellung des Strafrichters zur ‘Schuldfrage’ unter dem Gesichtswinkel der Abgrenzung der ausdehnenden Auslegung zur Analogie: Inaugural–Dissertation zur Erlangung der Doktorwuerde (Breslau-Neukirch, 1937 ), S. 19–20.

Dubrovin, op. cit. note 3, 130.

Ibid. 132; Barbara Ackermann, Das Analogieverbot im geltenden und zukuenftigen Strafrecht (Breslau–Neukirch, 1934 ), S. 7; Rejewski, op. cit. note 3, 20, 35.

Jerome Hall, “Nulla Poena Sine Lege”, The Yale Law Journal 47(2) ( 1937 ): 168.

Dubrovin, op. cit. note 3, 135–136; Stefan Glaser, “Nullum Crimen Sine Lege”, Journal of Comparative Legislation and International Law 24(1) ( 1942 ): 30; Aly Mokhtar, “Nullum Crimen, Nulla Poena Sine Lege: Aspects and Prospects”, Statute Law Review 26(1) ( 2005 ): 45–46.

Volker Krey, Studien zum Gesetzesvorbehalt im Strafrecht: Eine Einfuehrung in die Problematik des Analogieverbots (Berlin: Duncker & Humblot, 1977 ), S. 209.

Ibid. 208. Hans-Ludwig Schreiber, however, opines that ‘the protection of the individual played no role, or at best a very minor one, in Joseph II’s consideration’. In reality, the Holy Roman Emperor pursued the aim of maintaining absolute monarchist rule by ‘the strict subjection of judges to the law’ (Hans-Ludwig Schreiber, Gesetz und Richter. Zur geschichtlichen Entwicklung des Satzes nullum crimen, nulla poena sine lege (Frankfurt am Main: Alfred Metzner Verlag GmbH, 1976 ), S. 77).

Hall, op. cit. note 6, 168; Glaser, op. cit. note 8, 30.

Anselm v. Feuerbach, Lehrbuch des gemeinen in Deutschland gueltigen peinlichen Rechts (Giessen: Georg Friedrich Heyer’s Verlag, 1847 ), S. 41.

Pavel Liublinsky, Tehnika, tolkovanie i kazuistika Ugolovnogo kodeksa [Technique, Interpretation and Casuistry of the Criminal Code] (Petrograd, 1917 ), c. 204.

Available at http://www.conseil-constitutionnel.fr/conseil-constitutionnel/root/bank_mm/anglais/cst2.pdf .

Krey, op. cit. note 9, 208.

Hall, op. cit. note 6, 169.

Ackermann, op. cit. note 5, 9.

Lawrence Preuss, “Punishment by Analogy in National Socialist Penal Law”, Journal of Criminal Law and Criminology 26(6) ( 1936 ): 847.

Eugen Ehrlich, Die juristische Logik (Tuebingen, 1925 ), S. 226.

Iosif Anosov, “Zametki k voprosu o primenenii analogii v ugolovnom prave” [“Remarks on the Application of Analogy in Criminal Law”], Biulleten Sredne-aziatskogo gosudarstvennogo universiteta 5 ( 1926 ): c. 4–5.

Cornelis Willem Maris, “Milking the Meter—On Analogy, Universalizability and World Views”, in Patrick Nerhot (ed.), Legal Knowledge and Analogy: Fragments of Legal Epistemology, Hermeneutics, and Linguistics (Dordrecht: Kluwer Academic Publishers, 1991 ), 71.

Iosif Gessen, “Tvorcheskaia rol suda (primery iz praktiki)” [“Creative Function of the Court: Examples from Practice”], Zhurnal ministerstva iustitcii 6 ( 1897 ): c. 218.

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Tikhonravov, E. Nulla Poena Sine Lege in Continental Criminal Law: Historical and Theoretical Analysis. Criminal Law, Philosophy 13 , 215–224 (2019). https://doi.org/10.1007/s11572-018-9466-9

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Justice In Russian Criminal Law

There still remains a problem of co-relation of an ordinary understanding of justice with a professional judicial view; therefore it seems appropriate to compare sociological and legal approaches to the issue of justice through the example of the institute of criminal sentencing. If the measure of punishment is not sufficient, the scales of justice will not balance; if the measure of punishment is excessive there will be no stability and justice will not be restored. The purpose of this research is a comprehensive review of the principle of justice in the criminal law of Russia and the identification of its main components. To achieve this goal it is necessary to analyze the legal component of justice and give its main features. It is also necessary to analyze the social component of justice. The goal of the research will be achieved within matching of social and legal components of the principle of justice. We operated on the following methodological principles to achieve this goal: objectivity concept, deterministic principle, historical principle, holism, the principle of consistency, structural principle, functional principle, hierarchy principle, comparative principle, and principle of pluralism in the interpretation and understanding of law. Keywords: Criteria of justice judge measure of punishment purposes of punishment social justice

Introduction

Law theorists, sociologists and political experts show a great enthusiasm for the issue whether criminal policy corresponds to public opinion particularly concerning imposition of punishment ( Jesper & Roberts, 2014, p. 23 ). The term ‘justice’ is closely connected with stability in society. The problem of justice has social, economic and psychological aspects ( Epikhina, 2014, p. 17 ). Sociological approach to social justice involves public opinion survey in respect of justice in such society in general or justice of any establishment or institution ( Epikhina, 2014, p. 35 ). Thus, Mareeva ( 2015, p. 169 ) in her research found out that Russian people do not very much believe in the possibility of creating a just society in Russia. In his turn, Veber ( 2015, p. 260 ) singled out the following objective criteria of social justice in the context of economic development: a) equal launch opportunities for individuals; b) social support of those whose opportunity to achieve the desired result is limited by reasons beyond their control ( Veber, 2015, p. 262 ). In view of psychological aspect of justice one may lay emphasis on the concept of ‘justice of the result’ that is subdivided into distributive and punitive elements. The first one is related to distribution of rewards, and the second – to punishment ( Gulevich, 2011, p. 11 ). Meanwhile, you may not ignore a legal approach to the concept of justice as it is based on all the above mentioned aspects of justice. Thus, in sociology we find an idea that “one may speak of justice (or injustice) of this or that action, view, relation or a particular person” ( Epikhina, 2014, p. 211 ). A different approach is employed in law. Thus, Gordonova ( 2014 ) states: “Addressing justice as a mete-wand for the quality of social values, legal concepts and acts, one should assess legal regulations in their harmony with other legal principles in the context of justice… Nowadays, justice of legal regulation may become a mete-wand for social norms” (p. 112).

The term ‘justice’ is often used in legislation: Article 6 of the Criminal Code of the Russian Federation (hereinafter referred as ‘RF CC’) contains “Principle of Justice”; Article 60 part 1 of RF CC provides that a just punishment shall be imposed on a guilty person. In fact, a crime results in violation of law and order and lack of stability, that lead to injustice. How society comes back to stability, how to right a wrong? The answer is: by sentencing for crime. The measure of punishment may be stricter or milder, but for justice to have been met, punishment must fit the crime.

Problem Statement

Therewith, there still remains a problem of co-relation of an ordinary understanding of justice with a professional judicial view; therefore it seems appropriate to compare sociological and legal approaches to the issue of justice through the example of the institute of criminal sentencing.

Research Questions

If the measure of punishment is not sufficient, the scales of justice will not balance; if the measure of punishment is excessive there will be no stability and justice will not be restored. So, how much ‘punishment’ is necessary to balance justice with crime committed? ( Hirsch & Ashworth, 2005, p. 23 ). If to address the issue from the legal viewpoint, we may paraphrase it as follows: what are the criteria of justice in imposition of punishment? ( Duus-Otterström, 2017, p. 1068 ).

Purpose of the Study

The purpose of this research is a comprehensive review of the principle of justice in the criminal law of Russia and the identification of its main components. To achieve this goal it is necessary to analyze the legal component of justice and give its main features. It is also necessary to analyze the social component of justice. The goal of the research will be achieved within matching of social and legal components of the principle of justice.

Research Methods

We operated on the following methodological principles: objectivity concept, deterministic principle, historical principle, holism, the principle of consistency, structural principle, functional principle, hierarchy principle, comparative principle, and principle of pluralism in the interpretation and understanding of law.

In the research we employed private methods: legal analysis, legislative principle of consistent technique, legal comparativistics, expert evaluation method, as well as precise sociological method. With help of specifically created questionnaire which includes open-ended questions there was conducted a survey of three hundred fifty federal judges from twenty regions of the Russia to recognize how fair punishment could be achieved. Questioning was conducting during 2017 year by sending of questionnaire to the judges. Studying of results of questioning and conclusions was made in January 2018. Also there were selectively researched some of the sentences which were passed in the regions where questioned judges worked; The data obtained in the course of the sociological research were checked against case materials in every specific region and against the results of related sociological research obtained by other scholars. It should be emphasized that conducting of a survey among judges has its distinction as the questionary contained the questions concerning assessment of the criteria of just punishment by judges; it allowed us to appraise how they decided on type, length, and amount of penalty in each criminal case.

Justice: sentence and public response

In July 19, 2010, Togliatti central district court found Kruglova guilty in committing a crime provided for in part 4, art. 159 RF CC and gave her custodial sentence in a general penal colony for a term of three years, though Kruglova had four kids and was pregnant with the fifth. Mass media communications, first and foremost the Internet, addressed the issue of selectiveness of domestic court system drawing a comparison between the Kruglova case and the Shavenkova case heard by Kirovsky district court in the city of Irkutsk in August 17 of that year. Shavenkova was convicted and sentenced to three years imprisonment under part 3, art. 264, RF CC; but taking into account that she had a two-year-old kid the court set aside the sentence till the kid of the defendant is 14. ( Klenova, 2011, p. 60 ). For the foregoing reasons, we might conclude that while setting aside a sentence to Kruglova, Samarsky regional court acted in the best interests of the public, and this resulted from the situation of social unrest.

Later cases are better related to criminal law and are politically motivated, though we shall make an attempt to discuss them leaving the political background behind. Therewith, nearly two thirds of Russian people (63%) consider that in the country there are those convicted for their political views and determination to participate in political life. We believe that the sentences that are politically motivated and the penalty imposed for them may automatically be considered as unfair. Let us consider the case: in September 16, 2019, Tverskoy district court of the city of Moscow passed a sentence to Pavel Ustinov Gennadyevich charged with a crime under part 2, art. 318 RF CC in the following circumstances: in August 3, 2019, in or around 3-30 a.m. near a building located in Tverskaya street 18, in Moscow, a policeman from Special Purposes Mobile Union of Russian GU FSVNG of the city of Moscow initiated measure for taking Ustinov P.G. into custody; while doing it he took Pavel’s left elbow with his right hand, and Ustinov being aware of public danger and illegality of his own acts, as well as of the fact that he was dealing with a person in a position of authority performing his job, with guilty intent to use violence dangerous to health, actively reacted against him; by doing so, he violently put his right hand on the left hand of the victim and by force of his body exercised dragging pressure on the wronged person’s left hand shoulder joint, by this inflicting bodily harm in the form of dislocation of the left humeral head, so moderately severe hurting him. Pursuant to the sentence, imposing punishment in the form of penal custody for a term of three and a half years in a general penal colony, the court took into consideration personality data of the person brought to trial, certificates of good conduct from his educational institution, from the place of compulsory military service and in private life, as well as personal surety and the fact that Ustinov P.G. was raised in a multi-child-family, that together are considered to be circumstances mitigating punishment; nevertheless the court also had regard to circumstances, character and public danger of the crime .

The imposed sentenced made great front page headlines; art community sent an open letter to the President of the Russian Federation in defense of Pavel Ustinov; large-scale flashmob was held in social networks, even the head of Federal National Guard Troops Viktor Zolotov made a statement that it is the court that makes a decision, but as for him, he would have charged with a two-year suspended sentence .

Under pubic pressure RF Procurator General filed an appeal petition against the sentence precisely on the grounds of unfairness of the sentence. Judicial panel of Moscow city court considered the appeal petition and arrived at a conclusion that it is possible to substitute the grade of the offence for an offence of minor gravity. i.e. from grave crime to a medium-gravity crime, and mitigate the sentence to Pavel Ustinov up to one-year restrain of liberty taking into account the information presented to the appellate court on the invalidity of his father, certificates of good conduct from his place of residence, as well as the saying of the wronged person that the sentence imposed on the defendant was too severe. Having regard to the personality of Ustinov P.G., taking into account the character and level of public danger of the crime committed, as well as the effect of the punishment on the life conditions of his family, the judicial panel drew a conclusion that correctional rehabilitation of Ustinov P.G. is possible without restrain of liberty, and, therefore, imposed a conditional sentence .

The example case might be considered a triumph of justice in a social aspect as an imposed unfair sentence was considerably mitigated under the pressure of public opinion. Such a conduct of the state might be viewed as a drawback, though the compromise was reached in relation to original injustice. Though, there exists an opinion that if society wishes more severe (or more lenient) sentences than a criminal objectively deserves it would be better not to raise (or reduce) a custodial penalty, but enlighten the public so that our citizens could understand which rules of imposition of penalty serve to attain justice ( Duus-Otterström, 2018, p. 131 ). Pursuing the point, it is necessary to form public concept of justice in the way required by the law.

Justice of punishment: judicial viewpoint.

In the view of the foregoing we may conclude that just punishment is heard and considered in society, but generally in case of high-profile criminal matters; the state has no scope for carrying out public expertise on every sentence, as it would violate the foundation of justice. We fully agree with S. A. Galaktionov ( 2004, p. 14 ) that “unjust punishment is more sensitive to the public than unjust honor. Passing an unjust sentence, a judge undermines public confidence in justice, so the principle of justice in criminal law is particularly important. Researchers of judicial manpower point out that the most valuable asset of the judiciary is the trine: “legitimacy – defense of rights – justice”, where justice lies at the center of it; it is in terms of this concept that society understands ‘law’ and ‘justice’ ( Volkov et al., 2012, p. 76 ). One may contemplate on public level of justice for ages, though criminal law provides for criteria that just punishment should match. Therefore, criminal law that actively employs the concept of ‘justice’ provides for supporting tools while imposing sentences in criminal cases. We suggest a term ‘criterion’ for supporting tools ensuring justice in the legal system. ‘Criteria’ is indicia, grounds, decision rule for appraisal of something for compliance with due claim. As to etymology of the term ‘criterion’, the word itself originates from a Greek word κριτήριον that means the ability to differentiate, instrument for judgment, measure. The word ‘κριτήριον’ has the following variants of translation: instrument to solve a problem, litigation venue, and is derived from ‘κριτής’, that is translated from the Greek language as ‘a judge’. Among the criteria for justice we might define the following (under art. 6 RF CC): public danger of a crime, personality of a guilty person, and the circumstances of the offence. In our view, there exists a certain mechanism by which the above-named criteria affect the final penal measure. Then, the court is to decide on several types of punishment in accordance with the principle of justice in course of imposition of penalty, and finally, it must assess the penalty acting with maximum judicial discretion; the criteria take on a role of a guide for a judge, the court establishes the circumstances characterizing every criterion and takes their assessment. Assessment is a means by which the court decides on significance of this or that criterion and its impact on the penal measure imposed for the purpose of mitigating the sentence or making it more severe. Criteria assessment is some kind of a basis for administering punishment.

With help of specifically created questionnaire which includes open-ended questions there was conducted a survey of three hundred fifty judges from twenty regions of the Russia to recognize how fair punishment could be achieved.. The judges surveyed demonstrated no precise understanding of the character of public danger: 22% of the respondents gave no answer at all, 25% pointed out the object of crime, 23% named the category of a crime, 15% - the form of guilt, 8% - the degree of harmful consequences. Along with the presented factors, we got the following answers: aggravating and mitigating circumstances, degree in the commission of crime, minority status of a guilty person, repetition of crime, modus operandi, motive of crime, public mind (respond), particular circumstances of crime, conduct of a person affected, peculiar ferocity and cynicism of crime. As it is clear from the survey, many of the judges confused the concept of character of public danger with its degree.

While answering the question: “In your opinion, what factors have an impact when the court considers the degree of public danger of a crime committed?”, for the most part the judges pointed out several factors. The majority of the respondents (35%) laid stress on harmful consequences (their degree), nearly as much (34%) mentioned nature and extent of damage (harm), whereas 15% of the respondents pointed out both damage and consequences, that demonstrates the fact that judges take these concepts separately ( Frase & Roberts, 2019 ).

The next in popularity is the answer ‘modus operandi’ – 25%, then goes ‘role of a guilty person in committing a crime’ – 18%. 14% of the respondents named purposes and motives of crime, 7% - degree in the commission of crime, and only 3% pointed out degree of execution of criminal intent. Less common were the answers: gravity of offence – 5%, environment – 5%, characteristic factor – 4%, the number of persons affected – 3%, personality of a guilty person – 3%, scene of crime – 3%, character references of person affected – 3%, mitigating and aggravating circumstances – 2%, reluctance to pay damages – 2%. 1% of the respondents underlined the following factors: recidivism, age, affected person’s opinion, time, appropriation of corporate opportunities.

The third question in the questionary was “What factors and circumstances have priority for you in pre-sentence report and what is its impact in the process of individualization of punishment?” The most typical answers were: 47% - prior conviction, at that only 4% answered that expunged conviction and spent conviction must also be considered, 8% pointed out the fact of prior criminal record, 39% stated that for them family status plays its role, 32% named state of health, 30% - age of a guilty person, 29% - regular job. 24% of the respondents indicated the need to consider various personal characteristics of a guilty person (from a district militia inspector at the domicile, from the job, from educational establishments, from neighbors), 22% mentioned caring responsibilities. Other factors that were offered to the respondents were less popular: confession of guilt, penitence – 12%, attitude to what was done – 11%, permanent residency, registration – 8%, post-criminal conduct – 8%, gender – 7%, motives and aims – 4%, previous administrative liability – 5%, behavior in private life – 5%, behavior at the place of residence – 5%, behavior prior to crime – 5%, social status – 4%, work ethic – 4%, property status – 3%, conduct of a guilty person – 3%, social adaptation – 3%, consequences of crime – 3%.

Survey based results, as well as their correlation with opinion poll findings, that were conducted by independent centers concerning justice of sentences on high-profile criminal cases mentioned above became the basis for the following theoretical conclusion: in the process of imposing a sentence to a guilty person justice has two main levels: social and legal. Under social level of justice we understand whether the measure of punishment is reflected in the public consciousness as just or unjust. Legal level of just punishment concerns the court’s assessment of justice criteria provided by law ( Lappi-Seppälä, 2017, p. 112 ).

On the basis of criteria assessment and particular factors characterizing each criterion, court imposes such measure of punishment as is considered to be just. Therewith, to achieve justice of punishment it is imperative that justice be realized both on social and legal levels. It is legal level that we propose to go by, as public appraisal of punishment is made after the court has analyzed all criteria of justice, and on those results final measure of punishment is assessed.

Thereby there are some possible ways how justice is realized in imposition of penalty sphere: 1. Court made correct conclusion about criteria of justice specified in law but society does not believe in fairness of punishment. Therefore social level of justice is unrealized. The reason of such phenomenon could be deformation of public opinion about certain legal processes but the role of judge in imposition of penalty is to strive to realize public will and reduce public objections regarding the sentence; 2. Court made incorrect conclusion about criteria of justice and punishment couldn’t be fair, though because of deformation of public opinion such punishment could be perceived as fair despite the fact that is not; 3. Finally the most favorable case when sentence corresponds to all legal criteria, has public approval and justice ultimately could be called as realized and punishment could called as fair. But the question is how to reach this ideal? ( Tonry, 2020, p. 7 ). As for legal level, it is no problem – court shall examine all circumstances of the case and weigh criteria of justice provided by law. Thus, the problem lies in lack of formalized criteria of public justice. But the essence of ideal lies in the idea that one should endeavor to attain it – it is a vector of sound progressive development.

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27 May 2021

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https://doi.org/10.15405/epsbs.2021.05.02.188

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Culture, communication, history, mediasphere, education, law

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Voronin, V. (2021). Justice In Russian Criminal Law. In E. V. Toropova, E. F. Zhukova, S. A. Malenko, T. L. Kaminskaya, N. V. Salonikov, V. I. Makarov, A. V. Batulina, M. V. Zvyaglova, O. A. Fikhtner, & A. M. Grinev (Eds.), Man, Society, Communication, vol 108. European Proceedings of Social and Behavioural Sciences (pp. 1482-1489). European Publisher. https://doi.org/10.15405/epsbs.2021.05.02.188

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International Law Dissertation Topics

Navigating the Complexities of International Law: Key Dissertation Topics

Introduction: International law is a dynamic field that plays a crucial role in governing the interactions between nations, addressing global challenges, and upholding justice on the international stage. Choosing the right dissertation topic in international law is essential for conducting meaningful research and contributing to the evolving landscape of global governance. In this article, we explore some compelling dissertation topics in international law that reflect the complexities and significance of this field. 1. “The Principle of Non-Intervention in Contemporary International Law: A Critical Analysis”: – This topic delves into the fundamental principle of non-intervention in the affairs of sovereign states and examines its relevance and limitations in today’s world. 2. “International Law and Indigenous Rights: Challenges and Prospects”: – Investigate the evolving legal framework for protecting indigenous rights at the international level, considering issues of cultural preservation and self-determination. 3. “Humanitarian Intervention and the Responsibility to Protect: Legal and Ethical Considerations”: – Explore the legal and ethical dimensions of humanitarian interventions and the concept of the Responsibility to Protect (R2P) in cases of mass atrocities. 4. “The Impact of Climate Change on International Law and Environmental Protection”: – Analyze how international law addresses climate change, environmental degradation, and the rights of future generations in the context of environmental protection. 5. “Trade Sanctions and International Economic Law: Effects on Global Commerce”: – Investigate the use of trade sanctions as a tool of foreign policy, their compliance with international trade law, and their economic and political consequences. 6. “The Role of International Criminal Courts and Tribunals in Ensuring Accountability”: – Examine the effectiveness and challenges faced by international criminal courts in prosecuting war crimes, genocide, and crimes against humanity. 7. “The Legal Framework for Refugee Protection in an Era of Forced Migration”: – Explore the international legal instruments and mechanisms that protect the rights of refugees and displaced persons in a world marked by ongoing conflicts and displacement. 8. “The Role of International Organizations in Promoting Peace and Security”: – Assess the functions and limitations of international organizations like the United Nations in maintaining global peace and security. 9. “Cyber Warfare and International Law: Emerging Challenges and Norms”: – Investigate how international law addresses cyber warfare, state responsibility, and the protection of critical infrastructure in the digital age. 10. “The Use of Force in International Relations: Jus ad Bellum and Jus in Bello”: – Analyze the legal aspects of the use of force between states, encompassing the principles of jus ad bellum (right to war) and jus in bello (laws during armed conflict). Conclusion: These dissertation topics in international law encompass a wide range of contemporary issues and challenges that demand rigorous research and analysis. Whether you are interested in human rights, environmental protection, security, or emerging technologies, the field of international law offers numerous opportunities to contribute to the development of global norms and the promotion of a just and peaceful world. Selecting the right topic aligning with your passion and expertise is the first step towards making a meaningful impact in this vital discipline.

Dissertation Topics

12 dissertation topics related to international law: 1. “The Impact of Cybersecurity Threats on International Law: Challenges and Responses.” 2. “The Role of International Human Rights Law in Addressing Refugee Crises.” 3. “State Sovereignty vs. Responsibility to Protect: A Critical Analysis.” 4. “Environmental Protection and International Trade: Balancing Interests in a Globalized World.” 5. “The Role of International Criminal Tribunals in Accountability for War Crimes.” 6. “The Application of International Law in Outer Space Activities.” 7. “Trade Agreements and Investor-State Dispute Settlement: A Comparative Study.” 8. “The Legal Framework for Counterterrorism Measures: Human Rights Implications.” 9. “Maritime Disputes in the South China Sea: An Analysis of International Law and Geopolitics.” 10. “The Evolution of International Humanitarian Law: Challenges in Modern Armed Conflicts.” 11. “State Responsibility for Cyber Attacks: Developing a Framework for Attribution and Accountability.” 12. “The Impact of Global Health Crises on International Law: Lessons from COVID-19.” These topics cover a range of important issues in international law and can serve as a starting point for your dissertation research.

30 International Law Dissertation Topics

30 dissertation topics related to international law: 1. “The Principle of Non-Intervention in Contemporary International Law: A Critical Analysis.” 2. “International Law and Indigenous Rights: Challenges and Prospects.” 3. “The Role of International Courts and Tribunals in the Settlement of Interstate Disputes.” 4. “Humanitarian Intervention and the Responsibility to Protect: Legal and Ethical Considerations.” 5. “The Impact of Climate Change on International Law and Environmental Protection.” 6. “Armed Conflicts in the 21st Century: Adapting International Humanitarian Law.” 7. “Trade Sanctions and International Economic Law: Effects on Global Commerce.” 8. “The Legal Framework for Refugee Protection in an Era of Forced Migration.” 9. “The Role of International Organizations in Promoting Peace and Security.” 10. “Cyber Warfare and International Law: Emerging Challenges and Norms.” 11. “The Evolution of International Criminal Law: From Nuremberg to the International Criminal Court.” 12. “Territorial Disputes and Boundary Delimitation: Case Studies and Legal Analysis.” 13. “The Protection of Cultural Heritage in Armed Conflicts: International Legal Frameworks.” 14. “Transnational Terrorism and State Responsibility: A Comparative Study.” 15. “The Law of the Sea and Maritime Boundary Disputes: Recent Developments.” 16. “Gender and International Law: Advancing Women’s Rights and Equality.” 17. “The Legal Implications of Outer Space Commercialization: Satellite Deployment and Resource Extraction.” 18. “The Right to Self-Determination in International Law: Recent Applications and Controversies.” 19. “The Impact of International Economic Agreements on Labor Rights.” 20. “The Use of Force in International Relations: Jus ad Bellum and Jus in Bello.” 21. “International Investment Arbitration: Balancing Investor Protection and State Sovereignty.” 22. “International Water Law and Transboundary Water Disputes: Case Studies and Legal Analysis.” 23. “Counter-Terrorism Measures and Human Rights: A Comparative Legal Study.” 24. “The Legal Aspects of Cybersecurity and Information Warfare in International Relations.” 25. “State Responsibility for Environmental Damage: Liability and Remedies.” 26. “The Role of Non-Governmental Organizations (NGOs) in Shaping International Law.” 27. “The Legal Framework for Nuclear Non-Proliferation and Disarmament.” 28. “The Application of International Law in Post-Conflict Reconstruction and Peacebuilding.” 29. “Customary International Law: Formation, Evolution, and Contemporary Relevance.” 30. “Transparency and Accountability in International Trade Agreements: The Role of Dispute Settlement Mechanisms.” These topics cover a wide range of issues within international law and can provide a foundation for your dissertation research.

10 International Law Dissertation Topics

10 dissertation topics related to international law: 1. “The Role of International Human Rights Law in Addressing Mass Surveillance and Privacy Rights in the Digital Age.” 2. “The Legal Implications of Climate Migration: Protecting the Rights of Climate Refugees Under International Law.” 3. “The Concept of State Sovereignty in the Era of Globalization: Challenges and Adaptations.” 4. “The Intersection of International Trade Law and Environmental Protection: A Critical Analysis.” 5. “The Use of Drones in Armed Conflicts: Compliance with International Humanitarian Law.” 6. “Cybersecurity and International Law: Legal Frameworks for Cyber Conflict and State Responsibility.” 7. “The Protection of Cultural Heritage in Times of Armed Conflict: Assessing the Effectiveness of International Conventions.” 8. “International Law and the Regulation of Autonomous Weapons: Balancing Technological Advancements and Ethical Concerns.” 9. “The Legal Framework for Counterterrorism Measures: Human Rights Implications and State Practice.” 10. “The Role of International Organizations in Promoting Global Health: A Legal Perspective.” These topics explore various contemporary issues and challenges in international law, providing a solid foundation for dissertation research.

10 dissertation topics related to international law that are particularly relevant to India

10 dissertation topics related to international law that are particularly relevant to India: 1. “India’s Approach to Bilateral Investment Treaties: Balancing Investor Rights and National Interests.” 2. “The Kashmir Conflict: An Analysis of International Law and Its Implications on India-Pakistan Relations.” 3. “Environmental Protection and Sustainable Development in India: Compliance with International Agreements.” 4. “India’s Role in Climate Change Negotiations: Assessing Commitments and Contributions.” 5. “The Impact of International Trade Agreements on India’s Economy and Legal Framework.” 6. “Maritime Disputes in the Indian Ocean: Legal Challenges and Regional Security Implications.” 7. “Counterterrorism Measures in India: A Comparative Analysis of International Law Compliance.” 8. “Protection of Human Rights in India: Evaluating International Standards and Domestic Implementation.” 9. “India and the International Court of Justice: A Study of State Practice and Legal Disputes.” 10. “India’s Nuclear Policy and Non-Proliferation Commitments: A Legal and Strategic Perspective.” These dissertation topics center on India’s engagement with international law and its impact on various aspects of the country’s domestic and foreign policies. They offer opportunities to explore India’s role in the global legal landscape and its adherence to international norms and agreements.

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Dissertations / Theses on the topic 'War crimes (International law)'

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Sellars, Kirsten. ""Crimes against peace" and international law." Thesis, University of Aberdeen, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=133994.

Aksar, Yusuf. "The 'ad hoc' tribunals and international humanitarian law." Thesis, University of Bristol, 2000. http://hdl.handle.net/1983/405a48d5-52b6-4cea-894e-30c7a402faed.

McDonald, A. M. "Rights to legal remedies of victims of serious violations of international humanitarian law." Thesis, Queen's University Belfast, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273093.

Nortje, Windell. "The accountability of juveniles for crimes under international law." University of the Western Cape, 2016. http://hdl.handle.net/11394/5471.

Candelaria, Jacob. "Europe, the United States, and the international criminal court." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Jun%5FCandelaria.pdf.

Holm, Fanny. "Justice for victims of atrocity crimes : prosecution and reparations under international law." Doctoral thesis, Umeå universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-138761.

LaVilla, Oriana H. D. "Reconciliation and The Rule of Law: The Changing Role of International War Crimes Tribunals." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/scripps_theses/439.

Darge, Tobias. "Kriegsverbrechen im nationalen und internationalen Recht unter besonderer Berücksichtigung des Bestimmtheitsgrundsatzes = War crimes in national and international law." [Berlin Heidelberg] Springer, 2008. http://d-nb.info/999263633/04.

Ojo, Victoria Olayide. "The Boko Haram violence from the perspective of International criminal law." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5175.

Hersi, Mohamed Farah. "The possibilites of international prosecution against the former Somali militry regime for human rights abuses in Somaliland from 1981 - 1991: establishing individual criminal and civil responsibility under international law." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8055.

Torrens, Shannon Maree. "Interrogating International Criminal Law through the Lens of Justice as Process: From Justice Beliefs to Justice Legacies." Thesis, The University of Sydney, 2019. https://hdl.handle.net/2123/21862.

Sonczyk, Barbara. "The anatomy of the war crime of attacking peacekeepers under international humanitarian law and international criminal law." Thesis, University of Westminster, 2014. https://westminsterresearch.westminster.ac.uk/item/964w0/the-anatomy-of-the-war-crimeof-attacking-peacekeepersunder-internationalhumanitarian-law-andinternational-criminal-law.

Romero, Jorge H. "Cyberespionage 2010 : is the current status of espionage under international law applicable in cyberspace? /." (Requires Adobe Acrobat Reader), 2001. http://stinet.dtic.mil/str/tr4%5Ffields.html.

Mugemangango, Paul. "Immunity from prosecution for genocide, crimes against humanity and war crimes: the case of heads of state." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1088.

Reyes, Menéndez Valeria. "Children in war: Answers from International Law to the crimes of recruitment of child soldiers and sexual violence." IUS ET VERITAS, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123713.

Furphy, Patricia. "Multivariate analysis of war crime behaviour : implications for the International Criminal Court." Thesis, Liverpool John Moores University, 2015. http://researchonline.ljmu.ac.uk/4409/.

Bohle, Eva. "Proving genocidal intent and the policy element :genocide in Darfur?" Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2738_1297749409.

The International Commission of Inquiry on Darfur (Commission) began its work in October 2004 and provided its final report only three months later on 25 January 2005.2 There, it concluded, inter alia, &ldquo that the Government of Sudan has not pursued a policy of genocide&rdquo and that at least the central Government authorities did not act with genocidal intent.3 However, these findings would not exclude the possibility that the atrocities committed by individuals against victims were carried out with the specific intent to destroy and therefore could possibly fulfil all necessary requirements of the crime of genocide.

King, Samantha Jane. "Locating moral responsibility for war crimes : the new justiciability of 'system criminality' and its implications for the development of an international polity." Thesis, University of Plymouth, 2002. http://hdl.handle.net/10026.1/421.

Kuner, Janosch O. A. "The war crimes trial against German Industrialist Friedrich Flick et al - a legal analysis and critical evaluation." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1823_1363782732.

This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The  proceedings and the decision itself are the subject of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialists after World War II. Seen from present-day perspective, the question will be raised whether any conclusions can be drawn from the Flick case in respect of the substance of present-day international criminal law.  

Schuetze, Jennifer Johanna. "To cause or not to cause, that is the question : the prosecutorial standard for incitement at international criminal law." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82670.

Verlage, Christopher. "Responsibility to Protect : ein neuer Ansatz im Völkerrecht zur Verhinderung von Völkermord, Kriegsverbrechen und Verbrechen gegen die Menschlichkeit /." Tübingen : Mohr Siebeck, 2009. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016710994&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

Wright, Crystal Renee Murray. "From the Hague to Nuremberg: International Law and War, 1898-1945." Thesis, North Texas State University, 1987. https://digital.library.unt.edu/ark:/67531/metadc501222/.

Seifert, Katharina Elena. "The scope of war crimes against peace-keeping personnel : Do Articles 8 (2) (b) (iii) and (e) (iiD ICC- Statute and 4 (b) SCSL- Statute fulfil the requirements of the principle of specificify in international law?" Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/12610.

Reike, Ruben. "The 'responsibility to prevent' : an international crimes approach to the prevention of mass atrocities." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:16fdad2d-d295-4904-b730-bc7fe58d96c5.

Mitchell, David Scott. "Voicing the Silent War Crime: Prosecuting Sexual Violence in the Special Court for Sierra Leone." Miami University Honors Theses / OhioLINK, 2006. http://rave.ohiolink.edu/etdc/view?acc_num=muhonors1146448301.

Bertrand, Virginie. "Crimes de guerre au XXe siècle et juridictions pénales internationales." Thesis, Montpellier 3, 2012. http://www.theses.fr/2012MON30066.

Bardet, Marie. "La notion d'infraction internationale par nature : essai d'une analyse structurelle." Thesis, Bordeaux, 2020. http://www.theses.fr/2020BORD0242.

Ngameni, Herman Blaise. "La diffusion du droit international pénal dans les ordres juridiques africains." Thesis, Clermont-Ferrand 1, 2014. http://www.theses.fr/2014CLF10457.

Adonis, Bongiwe. "Immunity for serving Heads of State for crimes under International Criminal Law: an analysis of the ICC-indictment against Omar Al Bashir." University of the Western Cape, 2011. http://hdl.handle.net/11394/2910.

Cameron, Calla. "Grave Breaches: American Military Intervention in the Late Twentieth- Century and the Consequences for International Law." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1677.

Diop, Mamadou Falilou. "Essai de construction de poursuites d’auteurs de crimes internationaux à travers les mécanismes nationaux et régionaux." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1066.

Ashfaq, Muhammad. "The crime of aggression : a critical historical inquiry of the just war tradition." Thesis, University of St Andrews, 2018. http://hdl.handle.net/10023/13671.

Devouèze, Nelly. "Le droit à l'intégrité physique et mentale dans la jurisprudence internationale pénale." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D008.

Peterson, Ines. "Die Strafbarkeit des Einsatzes von biologischen, chemischen und nuklearen Waffen als Kriegsverbrechen nach dem IStGH-Statut /." Berlin : BWV, Berliner Wiss.-Verl, 2009. http://d-nb.info/994112998/04.

Hassan, Kamal. "Le statut des tribunaux ad hoc en droit international pénal." Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1005/document.

Bouvier, Charlotte-Lucie. "La mémoire et le droit des crimes de guerre et des crimes contre l'humanité depuis la seconde guerre mondiale : comparaison Allemagne fédérale / France." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3018/document.

Aivo, Gérard. "Le statut de combattant dans les conflits armés non internationaux : etude critique de droit international humanitaire." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30053.

Saldarriaga, Velásquez Giuliana Stephanie. "The legality of the intervention in Mali." Pontificia Universidad Católica del Perú, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/116032.

Estupiñan, Silva Rosmerlin. "Los crímenes de guerra en Colombia. Estudio desde el derecho internacional y desde el derecho colombiano." Doctoral thesis, Universitat de València, 2011. http://hdl.handle.net/10803/80915.

Dyukova, Yulia. "L’utilisation du droit international humanitaire par les organes chargés de la protection des droits de l'homme." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020014.

Lira, Cláudio Rogério Sousa. "A resposta ao terrorismo pelo direito: um crime transnacional e de natureza jurídica de tratado." Universidade do Vale do Rio dos Sinos, 2018. http://www.repositorio.jesuita.org.br/handle/UNISINOS/7476.

Bounda, Sosthène. "Le Comité international de la Croix-Rouge en Afrique centrale à la fin du XXe siècle : cas du Cameroun, du Congo Brazzaville, du Congo Kinshasa et du Gabon de 1960 à 1999." Thesis, Bordeaux 3, 2015. http://www.theses.fr/2015BOR30053/document.

Winters, Veronica Jane. "State-Corporate Crime in the Democratic Republic of Congo." Scholar Commons, 2013. http://scholarcommons.usf.edu/etd/4615.

Alendal, Oscar. "Aggressionsbegreppet : En komparativ studie av Förenta nationernas stadgas och Romstadgan för den Internationella brottsmålsdomstolens aggressionsbegrepp." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-342031.

Dubler, Robert Edward. "Crimes against humanity in international law." Thesis, Faculty of Law, 2006. http://hdl.handle.net/2123/5306.

Williams, Meagan Meernik James David. "Judicial creativity or justice being served ? a look at the use of joint criminal enterprise in the ICTY prosecution /." [Denton, Tex.] : University of North Texas, 2008. http://digital.library.unt.edu/permalink/meta-dc-9721.

Williams, Meagan. "Judicial Creativity or Justice Being Served? A Look at the Use of Joint Criminal Enterprise in the ICTY Prosecution." Thesis, University of North Texas, 2008. https://digital.library.unt.edu/ark:/67531/metadc9721/.

La, Rosa Aurélie. "Le concept d'enfant soldat et la Cour Pénale Internationale." Thesis, Lille 2, 2013. http://www.theses.fr/2013LIL20006.

Siff, Sarah Brady. "Tough on Dope: Crime and Politics in California's Drug Wars, 1946-1963." The Ohio State University, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=osu1479203861841892.

Riley, Donald J. "Post-conflict justice : issues and approaches." Thesis, (240 KB), 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Jun%5FRiley.pdf.