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1

ICC assessment – experiences and perspectives.

100%

Owczarek D.

Glottodidactica

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2016

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vol. 43

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issue 2

214-222

EN

The paper presents theoretical considerations on the role of dialogue in ICC development and assessment and the model for ICC assessment as a practical application. It is argued here that the application of the idea of dialogue in a Bakhtinian sense may constitute a theoretical framework for ICC assessment since this kind of dialogue involves the presentation of a variety of opinions or ideas. The model for ICC assessment, as it was developed for the purpose of the author’s unpublished PhD dissertation, is presented in this paper. The model includes various types of tests that can be incorporated into ICC evaluation. The final part of the discussion attempts at showing the points of convergence between DA approach and the dialogic approach to ICC assessment.

2

THE LAUNCH OF THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT INITIATED BY THE UN

100%

Milik P.

Polish Yearbook of International Law

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2008

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vol. 28

25-28

EN

In order to establish the jurisdiction of the International Criminal Court two prerequisites need to be met: substantive and legal. First, there must be a crime conducted within the jurisdiction of the ICC. Second, there must be a triggering mechanism that will initiate a criminal procedure before the Court. The ICC's Statute provides three triggering mechanisms. First, a criminal procedure can be launched by the Prosecutor of the ICC when a situation in which one or more crimes described in the ICC's Statute appear to have been committed is referred to the Prosecutor by a State party. Second, such a situation can be referred to the Prosecutor by the UN Security Council, acting under Chapter VII of the Charter of the United Nations. Third, the Prosecutor may act on his own initiative (proprio motu) on the basis of information on crimes within the jurisdiction of the Court, received from any source. This article discusses in detail these three mechanisms, concentrating in particular on the second option. In this context, it defines the position of the ICC in the international security system.

3

NOVÉ ROZHODCOVSKÉ PRAVIDLÁ MEDZINÁRODNÉHO ARBITRÁŽNEHO SÚDU ICC (VÝHODY A ŠPECIFIKÁ)

88%

Chovancová K.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2015

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vol. 98

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issue 2

105 – 127

EN

Nowadays, the International Arbitration Court in Paris (“the ICC Court“) is the leading arbitration institution, deciding international commercial disputes worldwide. The new ICC Arbitration Rules have entered into effect on the 1st of January 2012 („the ICC Rules“) and they are deemed to be an undisputed improvement of its older version from 1998. The new ICC Rules guarantee a quicker deciding of complex international disputes and reflect flexibly on the requirements of disputing parties in the ICC arbitration, as well as on the requests of the arbitration community. On the whole, the legislative changes in the ICC Rules may be divided into three categories. The first category consists of adaptations, focused on acceleration of the proceedings. The second category comprises new provisions, added to the rules in order to achieve a better reflection on the requests of both disputing parties and arbitrators in the contemporary ICC arbitration. All the new provisions with their main purpose, being an increase of the use of ICC Rules in the international investment arbitration, have been included in the third category of the latest amendments. These days – after two years since their adoption, the new ICC Rules are considered an important step forward, which is true, at least from the viewpoint of improving the effectiveness of the ICC arbitration. On the other hand, they are neither shorter, nor simpler, than their older version from 1998. As a result, their detailed analysis would have to be so detailed, that even a sensitive reader could get lost in it quite easily. On the contrary, a sketchy overview of the ICC Rules could turn out as insufficient and rushed. Because of this reason, a monitoring overview of the whole skeleton of rules seems to be a more suitable choice, while reviewing the latest amendments of the ICC Rules. And it is exactly the aforementioned monitoring ‘clean-cut’ through the most important changes in the ICC Rules in all above featured categories, that the following paper is aiming at, together with explaining their purpose and meaning for the international arbitration community.

4

Selection of Defendants before the ICC: Between the Principle of Opportunism and Legalism

88%

Kuczyńska H.

Polish Yearbook of International Law

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2014

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vol. 34

187-224

EN

International criminal tribunals had to make a choice between the principles of opportunism and legalism or decide to use a mixture of these both. They had to decide whether a prosecutor should become “the minister of justice” (as in the principle of legalism) or “the first judge” (evaluating in the frames of principle of opportunism the reasonable basis for prosecuting). This article addresses prosecutorial discretion before the ICC with respect to selecting defendants. Firstly, it analyzes the main differences between opportunism and legalism of prosecution. It also presents models of accusation functioning before the historical and existing international criminal tribunals – which usually opted for opportunism of prosecution. Before the ICC the conditions on which the Prosecutor may initiate an investigation are set in Art. 53(1) of the Statute: “The Prosecutor shall, having evaluated the information made available to him or her, initiate an investigation unless he or she determines that there is no reasonable basis to proceed under this Statute.” It is interesting to observe that this phrase may be interpreted in many various ways, depending on the model of accusation the author belongs to: those coming from the Anglo-Saxon tradition have tendency to search for elements of opportunism; those from civil law states assume that the model of accusation operates according to the principle of legalism. There is also a number of mixed options presented, according to which the ICC operates according to a mixture of these two principles. Finally, the article presents different rules adopted by the ICC Prosecutor (or proposed), which govern the choice of the defendants.

5

Some Developments in the Prosecution of International Crimes Committed in Palestine: Any Real News?

75%

Longobardo M.

Polish Yearbook of International Law

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2015

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vol. 35

109-138

EN

This article examines the recent developments in the prosecution of international crimes committed in the Palestinian Territory, focusing mainly on the role of the International Criminal Court. The author analyses the Palestinian accession to the Rome Statute and the declarations issued pursuant to Art. 12(3) in order to verify whether it is possible to bring justice to Palestine through the prosecution of atrocities committed by both parties. The article pays great attention to the most recent events, such as the Prosecutor’s report on the Mavi Marmara incident and the subsequent decision of the Pre-Trial Chamber. Issues related to the Palestinian statehood are taken in account in relation to the interplay between international criminal justice and the Israeli-Palestinian conflict.

6

Problems surrounding arrest warrants issued by the International Criminal Court: a decade of judicial practice

75%

Dłubak A.

Polish Yearbook of International Law

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2012

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vol. 32

209-237

EN

Certain aims of international criminal justice, such as prosecution and the punishment of perpetrators of international crimes, can be achieved through the international institutions created to administer justice. However, one of the essential requirements is to ensure the suspect’s presence at trial. The measures provided for in the Rome Statute to facilitate the International Criminal Court in fulfilling this condition and initiating proper proceedings include the issuance of arrest warrants and subsequent requests for arrest and surrender. Although a binding legal obligation exists under the Rome Statute with respect to States Parties, nonetheless inter-state cooperation has proven extremely difficult to obtain. There are many reasons for this, however problems of a legal and political nature are identified as the two main areas of obstacles. There are some measures that can be taken in order to prevent the occurrence of problems relating to arrest warrants. The Office of the Prosecutor and the Pre-Trial Chambers have certain powers that can positively affect the execution of arrest warrants. These organs aim to establish a positive cooperation network, both with the States Parties and non-Party States. By using the powers of external bodies, the ICC may attempt to establish favourable circumstances which would increase the effectiveness of arrest warrants.

7

Aktualna wersja międzynarodowych reguł Incoterms

75%

Skiba R. S.

Kwartalnik Prawa Prywatnego

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2017

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vol. 26

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issue 3

609-629

EN

In contemporary economic relations, it is contracts which are the basis for exchange of goods between subjects of law. One of more important kind of contracts are sales agreements which are regulated by Incoterms developed by International Chamber of Commerce in Paris. The term Incoterms stands for International Commercial Terms. They are very commonly used by contract partners in both domestic and international turnover because they specify rights and commitments of parties in a very clear way. Due to their significance and widespread use, it is useful to analyze their most up-to-date version which is INCOTERMS 2010 - in force since January 2011. Describing their origin and consecutive updates may help us to understand them in depth, to avoid interpretation problems and to mark off processes that have led to their amendments.

8

Act of 18 December 1998 on the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation as a Ground for Prosecution of Crimes against Humanity, War Crimes and Crimes against Peace

75%

Wierczyńska K.

Polish Yearbook of International Law

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2017

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vol. 37

275-286

EN

This article discusses definitions of crimes included into the Act of 18 December 1998 on the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation, and their usefulness in prosecuting individuals who committed international crimes. It is argued that the provisions of the Act cannot constitute a ground for criminal responsibility of individuals, as they violate the principle of nullum crimen sine lege certa.

9

Kształtowanie się międzynarodowych standardów prawnych w zakresie zapobiegania i reagowania na wymuszone zaginięcia

65%

Baranowska G.

Studia Prawnicze

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2016

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issue 1 (205)

65-90

EN

The aim of the article is to analyze the development of international legal standards concerning enforced disappearances. According to international human rights law enforced disappearances occur, when persons are deprived of their liberty, at least with the acquiescence of a state, which is followed by a refusal to acknowledge the deprivation or by concealment of their fate or whereabouts. The definition of enforced disappearances in the statute of the International Criminal Court covers also disappearances perpetrated by (or with at least the acquiescence of) political organizations. The article consists of a thorough analysis of provisions contained in four legal documents: the Declaration on the protection of all persons from enforced disappearance, the Inter-American Convention on Forced Disappearance of Persons, the Rome Statute of the International Criminal Court and the International Convention for the Protection of All Persons from Enforced Disappearance.

10

The Lubanga Reparations Decision: A Missed Opportunity?

63%

Swart M.

Polish Yearbook of International Law

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2012

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vol. 32

169-188

EN

In March 2012 the ICC delivered its first and long-awaited judgment in Prosecutor v Lubanga. Trial Chamber I found Thomas Lubanga guilty as co-perpetrator of the war crimes of conscripting and enlisting children into the armed forces. The guilty verdict was followed by a reparations decision on 7 August 2012. This article examines the extent to which the ICC has successfully fulfilled its mandate to formulate reparations principles. The position of reparations within international law generally is discussed. This is followed by an explanation of how the ICC reparation regime functions. The bifurcated reparations mandate of the ICC is also explained. The focus of the article is on a critical assessment of the Lubanga reparations decision. The Court’s treatment of the harm requirement and the requirement of causation is examined. It is argued that the Court’s failure to clarify the requirements of “harm” and “causation” meant that it did not fulfil its mandate to formulate reparations principles.

11

Changing Evidentiary Rules to the Detriment of the Accused? The Ruto and Sang Decision of the ICC Appeals Chamber

63%

Kuczyńska H.

Polish Yearbook of International Law

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2017

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vol. 37

101-123

EN

The main topic of this article is retroactive application of procedural criminal law. In this text the question will be posed – and answered – whether the application of a new procedural provision that entered into force in the course of an ongoing proceeding should in that proceeding be considered as retroactive and in what scope or/and under what conditions can such retroactivity be allowed for. As will be shown the solutions in national jurisdictions differ according to the common law – continental law states divide. This problem will be discussed in the light of a decision in the ICC Ruto and Sang case. In this case the ICC Appeals Chamber had to answer several questions pertaining to the temporal application of new procedural provisions. Firstly, the Chamber had to decide whether a general ban on the retroactive application of substantive law should also apply to procedural criminal law. Secondly, the ICC Appeals Chamber had to analyze the criteria according to which it would evaluate whether the change of rules of criminal procedure in the course of an ongoing trial was to be considered as having a retroactive eﬀect, and whether the change in the rules of admission of evidence could be considered detrimental to the accused. Thirdly, it will be shown that the ICC Appeals Chamber has chosen the common law concept of “due process rights” rather than the idea of “intertemporal rules” known from the continental doctrine, and why it chose to do so.

12

Zbrodnie przeciwko dziedzictwu kulturowemu przed Międzynarodowym Trybunałem Karnym – analiza krytyczna

55%

Wierczyńska K., Jakubowski A.

Studia Prawnicze

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2016

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issue 1 (205)

39-63

EN

On 24 March 2016 the International Criminal Court (ICC) issued a decision confirming the charges of committing war crimes by Al Ahmad Al Mahdi (Abu Tourab). He is suspected of war crimes allegedly committed in 2012, in Timbuktu (Mali), through intentionally directing attacks against buildings dedicated to religion and/or historical monuments (Article8(2)(e)(iv) of the Rome Statute). In fact, this is the first case to be brought before the ICC concerning the destruction of cultural property. By referring to the circumstances of the case, this article analyses the complimentary function of international criminal tribunals in the prosecuting and convicting of individuals liable for grave cultural heritage crimes vis-à-vis the shortcomings of national criminal jurisdiction. First, it reconstructs the normative foundations of prohibiting and prosecuting cultural heritage crimes. Second, it endeavours to critically assess the practice of international criminal tribunals ad hoc in dealing with the destruction of cultural property. In particular, by referring to certain cases adjudged by the ICTY, it aims to demonstrate to what extent the international protective status of a cultural heritage site may constitute a critical factor in imposing criminal responsibility on individual perpetrators (the cases of Blaškić, Čerkez and Strugar). It also analyses whether intentional attacks against cultural heritage sites, whose protection lies in the general interest of all humanity, may have an impact on the gravity of the crime and the penalty imposed for its commission. Third, the paper deals with the limited provisions of the Rome Statute and offers some general conclusions in respect to the evolving system of individual criminal responsibility for cultural heritage crimes.

13

Regionalizacja międzynarodowego sądownictwa karnego z perspektywy zasady komplementarności na przykładzie proponowanego Afrykańskiego Trybunału Sprawiedliwości oraz Praw Człowieka i Ludów

55%

Krzan B.

Studia Prawnicze

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2019

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issue 1 (217)

89-111

EN

The present contribution deals with recent trends of regionalizing international criminal justice, as in the case of the proposed extension of jurisdiction of the African Court of Justice and Human and People’s Rights over international crimes, and examines them against the background of the principle of complementarity, whose classic aim would be to allocate jurisdiction between the International Criminal Court and national courts. It is argued that the traditional understanding of complementarity may be extended to accommodate also regional criminal tribunals. A regional layer of criminal jurisdiction would therefore be introduced between the ICC and national courts. Given the overlapping but not identical scopes of jurisdiction, by the ICC, and the African Court, respectively, it is possible to conceive of them as potential partners working in parallel terms in prosecuting international (and transnational) crimes.

PL

Artykuł odnosi się do tendencji regionalizacji międzynarodowego sądownictwa karnego, jak np. planów rozszerzenia jurysdykcji Afrykańskiego Trybunału Sprawiedliwości oraz Praw Człowieka i Ludów, z perspektywy zasady komplementarności. Opracowanie zmierza do udowodnienia, że tradycyjne rozumienie komplementarności (jako alokacji jurysdykcji pomiędzy Międzynarodowym Trybunałem Karnym a sądami krajowymi) można rozwinąć tak, aby uwzględnić także regionalne trybunały karne – jako szczebel pośredni pomiędzy stałym MTK a sądownictwem krajowym. Ze względu na zachodzące na siebie – choć nie tożsame – zakresy jurysdykcji, można potraktować MTK i trybunał regionalny jako potencjalnych partnerów, a nie konkurentów, w sądzeniu zbrodni międzynarodowych.

14

Příležitosti k rozvíjení interkulturní komunikační kompetence v kontextu řečových dovedností: IVŠV videostudie anglického jazyka

51%

Zerzová J., Šebestová S.

Pedagogická orientace (Journal of the Czech Pedagogical Society)

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2014

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vol. 24

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issue 3

394–422

EN

The empirical study deals with the topic of teaching intercultural communicative competence (ICC) and its integration with the development of language skills in Czech lower-secondary English classes. The aim of the study is to investigate which language skills pupils use when developing their ICC and what their proportion is. The introductory part and the second part of the study introducing its theoretical background and terminology is followed by methodological part (chapter 3) describing the sample (79 English lessons of 25 teachers videotaped in the 7th and 8th grades of Czech lower-secondary classes in three regions within the IRSE Video Study of English project), the way of processing the data (recording, transcription, coding), the research questions and two systems of categories (a system for analyzing teaching ICC and language skills), that were used for analyses of the videotaped lessons. The findings show that developing the ICC may be characterized by employing receptive skills, whereas the occurrence of productive skills seems rather low. The development of the ICC in English lessons is limited to focusing on the cognitive level with almost no attention paid to the behavioral and affective aspects.

15

Współczesny wymiar zbrodni ludobójstwa

51%

Wierczyńska K.

Studia Socjologiczno-Polityczne. Seria Nowa

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2015

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vol. 04(2)

31-46

PL

Genocide was defined in the Convention on the Prevention and Punishment of the Crime of Genocide and on normative grounds it was not subject to any amendments. Nevertheless, it was interpreted by different courts and tribunals which exercise the jurisdiction in the context of this crime. The courts defined the notions of the “protected group”, “to destroy the group”, “to destroy in whole”, and so on. After almost seventy years of its adoption, the Convention is quite a lively document with timeless value, and only constant recalling of the cultural genocide by the domestic courts reiterates that this crime left outside the Convention still needs its place in binding international law.

16

Czechoslovakia and Poland: Supervising Peace on the Korean Peninsula 1953–1955

45%

Gnoinska M. K.

Slovanský přehled: historická revue pro dějiny střední, východní a jihovýchodní Evropy (Slavonic Review: Review for Central, Eastern and Southeastern European history)

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2012

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vol. 98

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issue 3-4

293-320

EN

This article analyses the dynamics and tactics of the communists in Asia in the immediate aftermath of the Korean War, linking the issue of armistice supervisit on the Korean Peninsula through the Neutral Nations' Supervisory Commission (NNSC – of which Poland and Czechoslovakia were members alongside Sweden and Switzerland) to the genesis of the International Control and Supervisory Commission in Southeast Asia (ICC – of which Poland became a member alongside Canada and India). The article argues that Poland, by acting for its own interests and as both an agent for Moscow and Beijing, which called for easing East-West tensions, moderated the Cold War in Asia to some degree while cautiously pursuing the communist cause. The article shows that North Korea contributed to the Cold War's intensification by adopting hard-line approaches in dealing with the West. The article further suggests that although neither Beijing nor Prague may have wanted to exacerbate the Cold War, problems of insubordination (and misunderstandings) contributed to Czechoslovak and Chinese military officials on the Korean Peninsula to cause tensions that went against the goals of the communist camp of relaxing East-West relations. The article concludes that both the Soviets and the Chinese needed an Eastern European country in Southeast Asia that could do both: advance the communist cause and be appealing to the West. The Poles, unlike thein Czechoslovak counterparts in the NNSC, seemed to be the match, especially since they were able to exhibit these two tendencies while serving on the Korean Peninsula. These flexible approaches most likely landed Poland a job as a member of the ICC. Finally, the article shows that the communist world was not always a united and monolithic entity as disputes and disagreements abounded, and that smaller nations like Czechoslovakia, North Korea, and Poland were active players with their own agendas and interests.

Refine search results

ICC assessment – experiences and perspectives.

THE LAUNCH OF THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT INITIATED BY THE UN

NOVÉ ROZHODCOVSKÉ PRAVIDLÁ MEDZINÁRODNÉHO ARBITRÁŽNEHO SÚDU ICC (VÝHODY A ŠPECIFIKÁ)

Selection of Defendants before the ICC: Between the Principle of Opportunism and Legalism

Some Developments in the Prosecution of International Crimes Committed in Palestine: Any Real News?

Problems surrounding arrest warrants issued by the International Criminal Court: a decade of judicial practice

Aktualna wersja międzynarodowych reguł Incoterms

Act of 18 December 1998 on the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation as a Ground for Prosecution of Crimes against Humanity, War Crimes and Crimes against Peace

Kształtowanie się międzynarodowych standardów prawnych w zakresie zapobiegania i reagowania na wymuszone zaginięcia

The Lubanga Reparations Decision: A Missed Opportunity?

Changing Evidentiary Rules to the Detriment of the Accused? The Ruto and Sang Decision of the ICC Appeals Chamber

Zbrodnie przeciwko dziedzictwu kulturowemu przed Międzynarodowym Trybunałem Karnym – analiza krytyczna

Regionalizacja międzynarodowego sądownictwa karnego z perspektywy zasady komplementarności na przykładzie proponowanego Afrykańskiego Trybunału Sprawiedliwości oraz Praw Człowieka i Ludów

Příležitosti k rozvíjení interkulturní komunikační kompetence v kontextu řečových dovedností: IVŠV videostudie anglického jazyka

Współczesny wymiar zbrodni ludobójstwa

Czechoslovakia and Poland: Supervising Peace on the Korean Peninsula 1953–1955