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Long Live Joint Criminal Enterprise: With A Particular Reference To Tadić’S Interactive Construction Between “The Beast” And Specific Direction, Miguel Ângelo Loureiro Manero De Lemos
Long Live Joint Criminal Enterprise: With A Particular Reference To Tadić’S Interactive Construction Between “The Beast” And Specific Direction, Miguel Ângelo Loureiro Manero De Lemos
San Diego International Law Journal
The idea that Joint Criminal Enterprise, in particular its extended version, contravenes fundamental principles of criminal law has gained track. Thus, not only did the International Criminal Court distance itself from the construct but, today, the widely held view is that the extended version should be discarded, not least because it is not grounded in customary international law. This Article challenges that view. While addressing scholarly criticism towards Joint Criminal Enterprise, and demonstrating why the “beast” is a solid construction, it argues that prosecutors and judges must look past the written provisions of the Statute of the International Criminal Court …
World War I And The Armenian Genocide: Laying The Groundwork For Crimes Against Humanity, Julia Koch
World War I And The Armenian Genocide: Laying The Groundwork For Crimes Against Humanity, Julia Koch
Pace International Law Review
For all of its advancements in international law, including delivering justice to the war criminals of the Second World War, the International Military Tribunal in Nuremberg has long been tainted with accusations of victors’ justice and criticized for violating the principle of nullem crimen sine lege. Such is the case for crimes against humanity, a crime that did not exist in positive international law until the 1945-46 legal proceedings in Nuremberg. But the historiography of the First World War—an era where punishment for war crimes is generally viewed as a wholesale failure—provides an additional, indeed novel, basis for understanding …