Author Archives: acontrarioadmin

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November 6, 2013

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Armed Conflict, Human Rights, IHL, Law of War, UN Charter

To Kill a Man with a Joystick

Written by: Teymour Aslam

With hindsight, it appears that the horrific events of September 11th, 2001, may have triggered a paradigm shift between established geopolitical alliances, altering conventional perceptions of, and existing relations between nation states, the manner in which international relations are conducted, and perhaps most relevantly, the utilisation of unconventional military tactics in situations which are becoming increasingly difficult to classify as conventional or traditional armed conflicts under IHL.  Continue reading →

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October 26, 2013

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International Criminal Court, Rome Statute, War Crimes

A Critical Review of Security Council Resolution 1593 (2005) on Darfur

Written by: Ammar Mahmoud. Ammar Mohamed Mahmoud is a First Secretary in the Embassy of the Republic of the Sudan in Abuja, Nigeria. Prior to his current position, Mr. Mahmoud had been serving in the Department of International Law and Treaties at the Ministry of Foreign Affairs of Sudan.

As Sudan is not a party to Rome Statute[1], the Security Council used Resolution 1593, which adopted under Chapter VII of the Charter on March 31, 2005, to trigger ICC jurisdiction in Darfur stating that  Continue reading →

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September 30, 2013

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Jurisdiction, National Criminal Law, Victims Rights

Private Prosecutions for Criminal Offences in England and Wales: Time for a Code?

By Claire de Than and Jesse Elvin, City University London

c.de-than@city.ac.uk and jesse.elvin.1@city.ac.uk

 

In the English legal system, most prosecutions for criminal offences are brought by the Crown Prosecution Service (CPS), the prosecution service for England and Wales created in 1986 by section 1 of the Prosecution of Offences Act 1985. However, this Act did not abolish the historical right to bring a private prosecution: on the contrary, section 6(1) of the 1985 Act expressly preserves it, subject to certain controls. Thus, private prosecutions still occur today.  Continue reading →

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August 9, 2013

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Armed Conflict, International Criminal Court, Rome Statute, Treaties

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Cultural Property Protections in International Criminal Law

Written by: Regina Paulose

“Wars, confrontations and conflicts in general, between two or more opposing factions, have always represented a serious threat to the integrity of the cultural heritage located in their territories. Unfortunately, this threat most often materializes in the form of the destruction of significant amounts of cultural property (movable and immovable): monuments, religious sites, museums, libraries, archives, etc. Humanity is thus deprived of a shared and irreplaceable cultural heritage.”[1]  Continue reading →

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July 23, 2013

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International Criminal Court, Rome Statute, Sentencing

Sound Sentencing? Aggravating Factors in Lubanga

Written by: Regina Paulose

Hidden deep within the Rome Statute and the ICC Rules of Procedure of Evidence (RPE) are the sentencing guidelines for the ICC. These articles receive very little attention. This is most likely because there has been only one case which has reached the sentencing phase at the ICC. How the Chamber interprets aggravating factors and the challenges that lay ahead in the use of aggravating factors is the focus of my article this month. Continue reading →