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Establishing ICC Jurisdiction Over Crimes Committed by ISIL – Did Humanity Fail the Countries of Syria and Iraq?


Munivrana Vajda, Maja; Roksandić Vidlička, Sunčana
Establishing ICC Jurisdiction Over Crimes Committed by ISIL – Did Humanity Fail the Countries of Syria and Iraq? // Dealing with Terrorism Empirical and Normative Challenges of Fighting the Islamic State / Engelhart, Marc ; Roksandić Vidlička, Sunčana (ur.).
Berlin: Duncker & Humblot, 2019. str. 17-34


Naslov
Establishing ICC Jurisdiction Over Crimes Committed by ISIL – Did Humanity Fail the Countries of Syria and Iraq?

Autori
Munivrana Vajda, Maja ; Roksandić Vidlička, Sunčana

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, ostalo

Knjiga
Dealing with Terrorism Empirical and Normative Challenges of Fighting the Islamic State

Urednik/ci
Engelhart, Marc ; Roksandić Vidlička, Sunčana

Izdavač
Duncker & Humblot

Grad
Berlin

Godina
2019

Raspon stranica
17-34

ISBN
978-3-86113-777-1

Ključne riječi
ISIS, ICC, UN, jurisdiction, criminal law responses

Sažetak
The UN Reports documented many crimes committed by ISIL that could be prosecuted either before the ICC or as core crimes in national jurisdictions. However, as far as the ICC is concerned, it seems that the Prosecutor perceived the prosecution of ISIL as too heavy a burden. In addition to the legal challenges of establishing jurisdiction and admissibility, there are also political challenges. Ad- vocates of judicial deterrence have increasingly emphasized the importance of the capacity of tribunals to deter ongoing crimes in specific conflicts. However, the decision not to enter the preliminary examination of ISIL-related violence in Syria and Iraq might demonstrate that the ICC is unable to intervene when the conflict is ongoing and, thus, unable to play a truly crucial role in the deterrence and preven tion of conflicts. Without an enforcement mechanism, without the cooperation of Iraq and Syria, and without the support of the Security Council, it would be very difficult for the Prosecutor acting proprio motu to intervene in an ongoing conflict, capture ISIL members, and seize the evidence. The resulting ineffectiveness would perhaps further undermine the legitimacy of the ICC, which is clearly in the down- turn. Even if the Security Council referred the situation of ISIL to the ICC, based on the above, there is no guarantee that the other actors and sides to the Syrian conflict would not be investigated. This could deter the Security Council from referring even the narrowly structured situation of ISIL.

Izvorni jezik
Engleski

Znanstvena područja
Pravo



POVEZANOST RADA


Ustanove
Pravni fakultet, Zagreb