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The Supreme Court Of Canada's Decision In Ezokola And The Harmonisation Of Article 1f(A) Of The Convention On The Status Of Refugees With International Criminal Law, Alan W. Freckelton
The Supreme Court Of Canada's Decision In Ezokola And The Harmonisation Of Article 1f(A) Of The Convention On The Status Of Refugees With International Criminal Law, Alan W. Freckelton
Alan W Freckelton
Canadian appellate courts have historically taken a very wide view of when there are “serious reasons to believe” that a person has committed the kinds of offences envisaged by Article 1F(a) of the Convention. In particular, they have taken the view that, in some cases at least, mere membership of a particular group is sufficient to exclude a person from protection under the Convention. However, in Ezokola v Canada (Citizenship and Immigration) the Supreme Court has attempted to reconcile the requirements for responsibility for war crimes and crimes against humanity at international criminal law, and the requirements for exclusion under …
The Forgotten Nuremberg Hate Speech Case: Otto Dietrich And The Future Of Persecution Law, Gregory S. Gordon
The Forgotten Nuremberg Hate Speech Case: Otto Dietrich And The Future Of Persecution Law, Gregory S. Gordon
Gregory S. Gordon
Among international jurists, the conventional wisdom is that atrocity speech law sprang fully formed from two judgments issued by the International Military Tribunal at Nuremberg (IMT): the crimes against humanity conviction of Nazi newspaper editor Julius Streicher, and the acquittal on the same charge of Third Reich Radio Division Chief Hans Fritzsche. But the exclusive focus on the IMT judgments as the founding texts of atrocity speech law is misplaced. Not long after Streicher and Fritzsche, and in the same courtroom, the United States Nuremberg Military Tribunal (NMT) in the Ministries Case, issued an equally significant crimes against …
Some Other Men's Rea? The Nature Of Command Responsibility In The Rome Statute, Joshua Root
Some Other Men's Rea? The Nature Of Command Responsibility In The Rome Statute, Joshua Root
Joshua L. Root
The Rome Statute of the International Criminal Court provides for Command Responsibility. The provision addressing this is ambiguous and raises a number of interpretive issues. Command responsibility can either be understood as a mode of liability – a way of holding commanders vicariously responsible for the acts of their subordinates, or it can be understood as a separate, distinct crime based on the commander’s dereliction of his supervisory duties. The Rome Statute is not clear on the matter and points in both directions. In recent years, the mode of liability approach has come under increasing scrutiny by academics and by …
"First, Do No Harm:" Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root
"First, Do No Harm:" Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root
Joshua L. Root
The yet to be implemented Article 8 bis of the Rome Statute criminalizes, as the crime of aggression, acts of aggression which by their “character, gravity and scale” constitute a “manifest violation” of the Charter of the United Nations. This article argues that Article 8 bis must be construed so as to exclude from the International Criminal Court’s jurisdiction uses of force which are facial violations of the UN Charter but which nonetheless comport with the principles and purposes of the Charter, such as bona fide humanitarian intervention unauthorized by the Security Council. This article applies the Vienna Convention on …
Kampala And The Crime Of Aggression: Will The Selling Of Heavy Artillery By One State To Illegal Armed Groups In Another State Constitute A Prosecutable Crime Of Aggression?, Carollann N. Braum
Kampala And The Crime Of Aggression: Will The Selling Of Heavy Artillery By One State To Illegal Armed Groups In Another State Constitute A Prosecutable Crime Of Aggression?, Carollann N. Braum
Carollann N. Braum
This paper narrowly focuses on situations not where a State directly sent its own forces into another State, but rather where one State aided, or was substantially involved in assisting, an armed group in internal conflict with another State. However, before being able to fully understand what happened in Kampala, it is first important to have the history of aggression. This allows an analysis of what actions, attributable to a State by an individual through the Doctrine of State Responsibility, will trigger the ICC’s jurisdiction. As such, Part I will focus on the history of aggression. Part II will analyze …