Lecture 7 questions

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Questions and Answers

What is Legislative Universal Jurisdiction (UJ)?

Legislative UJ refers to the enactment of national laws that provide a legal basis for the investigation and trial of alleged offenders.

What distinguishes Adjudicative Universal Jurisdiction from Legislative Universal Jurisdiction?

Adjudicative UJ allows courts to investigate and try alleged offenders without needing national legislation, directly relying on international law.

What is the significance of the Day of International Criminal Justice for the EU?

The Day of International Criminal Justice signifies the EU's commitment to support the International Criminal Court and uphold the Rome Statute.

What role does complementarity play in the context of international criminal justice?

Complementarity ensures that national courts take precedence in prosecuting crimes, with international courts acting only when states are unable or unwilling to do so. Signup and view all the answers

What is the stance of the European Union regarding the integrity of the Rome Statute?

The EU reaffirms its unwavering support for the integrity of the Rome Statute and opposes any attempts to undermine its framework. Signup and view all the answers

What challenges does Eurojust face in its efforts to combat core international crimes?

Eurojust faces challenges such as a growing caseload, complex cross-border assignments, and the need for more cooperation and coordination. Signup and view all the answers

What is the purpose of Eurojust in relation to international criminal cases?

Eurojust serves as a central hub for information and knowledge-sharing, cooperating with various practitioners and international bodies to ensure best practices. Signup and view all the answers

List two conventions established by the Council of Europe that contribute to judicial cooperation.

The 1959 European Convention on Mutual Legal Assistance in Criminal Matters and the 2005 Recommendation on the protection of witnesses and collaborators of justice. Signup and view all the answers

What role does the European Court of Human Rights (ECtHR) play in national jurisdictions?

The ECtHR influences national jurisdictions through its case law, setting standards for human rights that must be adhered to by member states. Signup and view all the answers

Why is cooperation among judicial authorities important in the context of crimes committed in Ukraine?

Cooperation is essential to effectively address legal issues and ensure accountability for crimes such as aggression, which require coordinated legal action. Signup and view all the answers

What must states do when international law creates obligations for them?

States must ensure that national law allows them to comply with these international obligations, either through direct application of international rules or implementing legislation. Signup and view all the answers

Explain the role of state cooperation in international criminal justice.

State cooperation is essential for the effectiveness and credibility of international criminal justice, facilitating processes like arrest, surrender, and mutual legal assistance. Signup and view all the answers

What is universal jurisdiction and why is it significant?

Universal jurisdiction allows a state to prosecute crimes against international law regardless of where they occurred, highlighting that certain crimes affect the international community as a whole. Signup and view all the answers

Differentiate between mandatory and permissive universal jurisdiction.

Mandatory universal jurisdiction requires states to investigate certain international crimes, while permissive universal jurisdiction allows states to choose whether to investigate these crimes. Signup and view all the answers

What are some alternatives to international criminal justice mentioned in the content?

Alternatives include truth commissions, amnesties, reparations, and local justice mechanisms. Signup and view all the answers

What challenges do states face in extradition and mutual legal assistance?

Challenges include constitutional immunities and varying national laws, which can complicate cooperation in prosecuting international crimes. Signup and view all the answers

How does the concept of truth relate to local justice mechanisms?

Truth commissions often seek to uncover factual accounts of past injustices, which can complement local justice mechanisms that provide reparations and reconciliation. Signup and view all the answers

What is the significance of Eurojust in the context of international criminal justice?

Eurojust enhances cooperation among EU member states' judicial authorities to effectively tackle serious cross-border crime and improve coordination. Signup and view all the answers

What significant action did the EU take regarding the ICC in June 2001?

The EU adopted a Common Position on the ICC. Signup and view all the answers

What is the aim of the EU's Genocide Network established in June 2002?

The Genocide Network aims to facilitate inter-state cooperation and prosecute serious international crimes. Signup and view all the answers

What does the EU Focal Point on the ICC established by the EEAS do?

It coordinates efforts related to the ICC among EU member states. Signup and view all the answers

What major milestone occurred related to the ICC on 21 March 2011?

The EU revised and replaced its Common Position with a Council Decision. Signup and view all the answers

What was the EU's response in 2013 regarding non-cooperation with the ICC by third states?

The EU MS considered non-cooperation a serious challenge and issued an ‘Information Note’ on the matter. Signup and view all the answers

How has the EU financially supported ICC outreach and justice mechanisms?

The EU provides direct funding for ICC outreach activities and national justice system improvements. Signup and view all the answers

What significant document related to the ICC was adopted by the European Parliament in 2011?

A resolution on ‘EU support for the ICC: Facing challenges and overcoming difficulties’ was adopted. Signup and view all the answers

What is the purpose of the 'Global initiative to fight against impunity for international crimes' launched by the EU?

It aims to combat impunity for international crimes by making justice work effectively. Signup and view all the answers

Study Notes

International Criminal Justice in Europe

Lecture 7 covered International Criminal Justice issues in Europe.
The lecture featured the EU flag, the EUROJUST logo, images illustrating universal jurisdiction, and images of individuals.
Speaker: Isabel Düsterhöft, LL.M., M.A.
Contact information: [email protected]

Outline

Relationship between international and domestic law
Alternatives to criminal prosecution (e.g., amnesties, truth commissions, reparations)
Universal jurisdiction
EU and COEU (Council of Europe)
Eurojust
Examples: EULEX, KSC (presumably Kosovo Specialist Chambers), JITs (Joint Investigation Teams)
Specific cases

Relationship between International and Domestic Law

International law creates obligations for states which states must ensure are compliant with internal laws.
International law can be directly applied, or domestic legislation can implement the law.
State cooperation is crucial
Arrest, evidence, witness testimony, and penalty enforcement require cooperation but are challenged by extradition difficulties and constitutional immunities in some cases.
International criminal justice relies heavily on state cooperation. Cooperation can be vertical (between states and international organizations), or horizontal (between states).

Alternatives

Amnesties
Truth Commissions
Reparations
Local Justice Mechanisms
Lustration

Universal Jurisdiction

A state can exercise jurisdiction over crimes against international law even if committed outside its territory, and when neither the perpetrator nor the victim is a national of that state.
National courts in different countries can handle international crimes committed abroad.
Universal jurisdiction aims to counteract sovereign immunity by establishing accountability without geographical restrictions.
International legal principle present since WWII
Universal jurisdiction is an important legal principle, enshrined in international conventions.
The principle concerns grave international crimes (e.g., crimes defined by the Geneva Conventions).
Universal jurisdiction can be mandatory (states obligated to investigate) or permissive (states can choose to investigate).

Universal Jursidiction (continued)

Legislative - requires the enactment of national law, a necessary basis for investigation and trial. Courts may rely directly on international law.
Adjudicative - investigations and trials of alleged offenders.

Eurojust Report

Increasing number of investigations/prosecutions for core international crimes (genocide, crimes against humanity).
Universal or extraterritorial jurisdiction cases are growing, especially in response to atrocities committed in regions like Ukraine
EU member states are conducting more investigations in recent years.

EU

Member states exercising jurisdiction over war crimes, crimes against humanity and genocide
Some states are taking on the crime of aggression
Certain situations are exempt from universal jurisdiction

Complementarity

Important concept in international criminal justice
Complementarity underpins the ICC
National courts have a primary role in prosecuting these crimes
The ICC will intervene only when national courts are unable or unwilling to prosecute

EU Timeline

EU adopted various positions and action plans regarding the International Criminal Court (ICC).
EU established focal points for cooperation.
The EU developed a tool for complementarity.

EU Additional Support for the ICC

EU has agreements to support and cooperate with the ICC
The EU has agreements on the exchange and protection of information.
Cooperation is vital for effective functioning of the ICC

Direct funding for ICC outreach activities
Programs for national justice system improvements (capacity building & training).
Encouraging the ratification of the Rome Statute and other agreements related to criminal justice
Supporting mechanisms for transitional justice
Funding "Global initiative to fight against impunity" for international crimes.

Examples of EU Actions

EULEX (European Union Rule of Law Mission in Kosovo)
Kosovo Specialist Chambers
The JITs (Joint Investigation Teams)

COEU

European Convention on Extradition
The COEU has issued various recommendations about assistance to victims of crime.

COEU Recommendation 1408

The impunity enjoyed by perpetrators of the most serious crimes hinders reconciliation.
This fosters revicionism and deprives future generations of irrefutable evidence of horrific crimes.

COEU Conventions

Various conventions are listed. The list includes important items like the European Convention on Extradition and the Convention on Mutual Legal Assistance in Criminal Matters.

News (September 2024)

Ministers discuss cooperation amongst countries and a special tribunal for the crime of aggression related to Ukraine.
Special tribunal, if established, should respect international and human rights law.

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Description

This quiz examines key concepts in international criminal justice, focusing on the role of the European Union and its judicial mechanisms. It explores legislative and adjudicative universal jurisdiction, Eurojust's purpose, and the significance of international legal cooperation, especially in the context of crimes committed in Ukraine. Test your understanding of these crucial topics!