Lecture 7: International Criminal Justice in Europe

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Questions and Answers

What is the primary purpose of Adjudicative Universal Jurisdiction?

To internationalize local laws

To enact laws that provide a basis for prosecution

To investigate and try alleged offenders (correct)

To limit the jurisdiction of national courts

Which of the following statements is true regarding Legislative Universal Jurisdiction?

It does not play a role in the prosecution of offenders.

It requires the direct enactment of national laws. (correct)

It is necessary for courts to rely solely on international law.

It eliminates the need for investigations.

What does the European Union emphasize regarding the Rome Statute?

It is indifferent about the integrity of international law.

It supports the repeal of the Rome Statute.

It calls for limited international cooperation in criminal justice.

It affirms the universality and independence of the Court. (correct)

What is 'complementarity' in the context of international criminal justice?

The concept that international courts can only intervene when national systems fail. Signup and view all the answers

Why might a court directly rely on international law without national enactment?

Because no national laws allow for prosecution. Signup and view all the answers

What is one of the primary roles of Eurojust?

To serve as a central hub for information and knowledge-sharing during cases Signup and view all the answers

Which of the following challenges is faced by Eurojust?

Overwhelming case backlog and complex cross-border assignments Signup and view all the answers

Which convention was established in 1959 related to legal assistance in criminal matters?

European Convention on Mutual Legal Assistance in Criminal Matters Signup and view all the answers

What is a significant need identified for improving Eurojust's effectiveness?

Developing a cohesive strategy for international crimes Signup and view all the answers

Which of the following is NOT one of the documents associated with COEU efforts?

2008 European Charter of Fundamental Rights Signup and view all the answers

What was established by the EU in 2002 to facilitate cooperation against genocide?

The Genocide Network Signup and view all the answers

What amount of funding was allocated for the 'Global initiative to fight against impunity for international crimes'?

21 million Euros Signup and view all the answers

Which document did the EU adopt in 2011 to replace its Common Position regarding the ICC?

Council Decision Signup and view all the answers

What is one major challenge identified by EU Member States regarding the ICC?

Non-cooperation by third states Signup and view all the answers

What significant step did the European Parliament take regarding the ICC in 2011?

Issued a resolution on EU support for the ICC Signup and view all the answers

What initiative was developed in 2012/2013 by the EU Commission and EEAS?

Complementarity Toolkit Signup and view all the answers

How does the EU Genocide Network primarily facilitate international legal cooperation?

Through practice-based knowledge-sharing and meetings Signup and view all the answers

What does the 2014 Genocide Network Strategy aim to combat?

Genocide, CAH, and WC within the EU Signup and view all the answers

What is required for states to comply with international obligations created by international law?

National law must allow compliance Signup and view all the answers

Which of the following is NOT a problem associated with state cooperation in international criminal justice?

Overlapping legal jurisdictions Signup and view all the answers

What is one method under alternatives to address crimes in international criminal justice?

Implementing amnesties for perpetrators Signup and view all the answers

What does universal jurisdiction allow states to do?

Exercise jurisdiction over crimes regardless of location or nationality Signup and view all the answers

Which of the following is a characteristic of mandatory universal jurisdiction?

States are obliged to investigate certain crimes Signup and view all the answers

Which of the following represents a significant challenge to international criminal justice cooperation?

Problems arising from surrender requests Signup and view all the answers

Why is state cooperation fundamental in international criminal justice?

To enhance the credibility and effectiveness of the justice system Signup and view all the answers

What impact did World War II have on the principle of universal jurisdiction?

It solidified the notion of accountability for serious crimes Signup and view all the answers

Study Notes

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.

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Description

This quiz explores the intricate relationship between international and domestic law concerning criminal justice in Europe. Topics covered include universal jurisdiction, alternatives to traditional trials, and the roles of EU frameworks and Eurojust. Engage with specific case examples to deepen your understanding of this complex field.