Lecture 7: International Criminal Justice in Europe

International Criminal Justice in Europe

• This lecture focuses on international criminal justice in Europe, covering various aspects like the relationship between international and domestic law, alternatives to criminal trials, universal jurisdiction, EU and COEU frameworks, Eurojust, and specific case examples.

Outline

• Relationship between international and domestic law: International law obligations must be reflected in national laws for compliance; direct application of international rules and legislation implementing these rules.
• Alternatives: Amnesties, Truth Commissions, Lustration, Reparations and civil claims, and Local justice mechanisms.
• Universal Jurisdiction: A state can have jurisdiction even if crimes didn't occur in their territory, or the victim/perpetrator aren't their nationals. National courts in third countries can handle international crimes abroad. This is vital for accountability and preventing immunity. International legal principle established since WWII.
• EU & COEU: Details of these frameworks and their involvement in international criminal justice are not provided.
• Eurojust: A body involved in international criminal justice within the EU, dealing with cooperation and providing assistance.
• Examples: EULEX, KSC, JIT: Specific examples of international cooperation efforts concerning crimes.
• Specific cases: Not detailed.

Relationship International and Domestic Law

• National laws must allow states to meet international obligations in criminal cases.
• International rules can be directly applied, or implemented through national legislation.
• State cooperation in criminal matters is pivotal for efficiency and credibility in criminal investigations.
• Cooperation issues exist concerning extradition, mutual legal assistance, and constitutional immunities, issues like those in conflicts in Darfur, Libya, and Ukraine.

Alternatives

• Truth Commissions, Amnesties, Reparations and civil claims, Lustration and Local justice mechanisms.
• Alternative means of addressing past conflict to avoid trials to address the historical, cultural and political issues.

Universal Jurisdiction

• States can prosecute crimes against international law, even when they didn't occur within their territory, or the accused or victim aren't nationals of the state.
• This serves as a crucial tool for tackling serious crimes with no borders or jurisdictional barriers.
• It's a response to the gravity of certain crimes affecting the international community as a whole e.g. war crimes.

Mandatory UJ vs. Permissive UJ

• Mandatory UJ: states are obligated to investigate (e.g., Treaty on the Prevention and Punishment of the Crime of Genocide).
• Permissive UJ: states can choose to investigate.

Legislative UJ vs. Adjudicative UJ

• Legislative UJ: enacting national laws, establishing necessary legal frameworks for investigation and trials. Courts may rely directly on international law in the absence of national law in this case.
• Adjudicative UJ: Investigating and prosecuting alleged offenders.

EU Member States and Universal Jurisdiction

• EU member states exhibit universal jurisdiction in various cases concerning war crimes, international crimes, and aggression, though approaches vary.
• The graph shows an increase in core international crimes cases, suggesting a need for consistent global scrutiny to promote accountability.

Eurojust Report Summary

• An increasing number of war crimes, crimes against humanity, and genocide cases are being investigated and prosecuted in EU member states.
• Universal jurisdiction cases, particularly those related to the ongoing war in Ukraine, are expected to rise.

EU and Universal Jurisdiction in Member States

• List of EU members exercising universal or extraterritorial jurisdiction over war crimes, crimes against humanity and genocide.
• Member States exercising universal or extraterritorial jurisdiction over crime of aggression.
• EU countries where crimes of aggression were implemented or where universal jurisdiction is excluded.

Complementarity

• Complemetarity is an important concept—allowing for investigation and prosecution of individuals for international crimes where national courts can't or won't act effectively.

How?

• Tools utilized to address international crimes like studies of international criminal law and the Völkerstrafgesetzbuch (VStGB).

EU Actions

• Direct funding for ICC outreach activities
• Global Civil Society projects to promote the ratification of the Rome Statute
• Improving national justice systems (training and capacity building programs).
• Creating programs to support international mechanisms and investigative mechanisms.
• Fighting against international crime impunity.

EU Genocide Network

• Aims to facilitate inter-state cooperation on genocide, crimes against humanity, and war crimes.
• Offers crucial knowledge-sharing and promotes best practices.

Eurojust

• Serves as a central hub for information and knowledge-sharing in international criminal and human rights field issues.
• Cooperates with practitioners and NGOs to ensure best practices are followed.
• Addresses a growing caseload of cross-border and complex cases.

EULEX, KSC, JIT Examples

• Examples of international cooperation to address situations like conflict in Kosovo, Ukraine and other instances of crimes of war.

COEU

• Fosters a strong legal framework and encourages international cooperation.
• Emphasizes the importance of accountability for serious crimes and reconciliation to address international legal issues.
• Promotes effective means of dealing with war crimes.

EU Timeline

• Details the historical steps and developments that the EU took in relation to the ICC.

EU Additional Support

• Provides additional insight on agreements on cooperation and security measures to assist the ICC.