International law defines international crimes and principles of criminal responsibility for participating in their commission. However, the details concerning penalization of international crimes and subsequent prosecution of perpetrators are left to states. The states do not always follow international law in shaping and implementing their national legislation, as they want to recognize the specificity of the circumstances of place and time. Deviations from the notions/principles adopted in international law can result in diplomatic crises or in proceedings before human rights bodies. The aim of the conference organized by the Institute of Justice is to contemplate the following questions:
• To what extent are international crimes recognized in national legislation? How does national law define international crimes, including both core crimes (i.e. crime of aggression, genocide, genocide, crimes against humanity, war crimes) as well as other treaty crimes (e.g. torture or apartheid)? Are there any alterations of definitions of international crimes and what are the consequences?
• Are there any inconsistencies between international law and national law in terms of defining principles of responsibility for international crimes?
• Do states take into account the impact of customary law on the shape of international criminal law in framing their national legislation?
• What are the models of criminalization of international crimes and what are their respective advantages and disadvantages?
• What are the main problems related with the prosecution of international crimes in national proceedings?
• Should a distinction be drawn between historic and contemporary crimes concerning their penalization?
• Are there crimes in national law which are considered to have international character despite the lack of criminalization in international law?
• Are the Nuremberg Principles and principles of the Rome Statute reflected in national
Penalization of international crimes in national law
Time Zone: CET
9.30-11.30 Panel IV Asian Perspective
Chair: Andrzej Jakubowski (University of Amsterdam, the Netherlands)
Ishita Chakrabarty (Quill Foundation, India),
India’s Experience with Mass Crimes: Lessons to Give, Lessons to Take
Aman Kumar (IFIM Law School, India),
Absence of India's International Criminal Law obligations in its domestic laws
Ayesha Jawad, Sadia Farooq (Kinnaird College for Women, Pakistan),
Pakistan’s Criminal Law and Its Compliance with International Standards
12.00-13.30 Panel V European perspective
Chair: Patrycja Grzebyk (University of Warsaw, Poland)
Bartłomiej Krzan (University of Wrocław, Poland),
The German Code of Crimes against International Law (Völkerstrafgesetzbuch): An External Perspective
Alexandre Guerreiro (University of Lisbon School of Law, Portugal),
Prosecuting international crimes: the Portuguese experience
Tamás Hoffmann (Centre for Social Sciences Institute for Legal Studies, Hungarian Academy of Sciences Centre of Excellence, Hungary),
The Crime of Genocide in Hungarian Criminal Law – A Seemingly Perfect Implementation
Nedžad Smailagić (University of Zagreb, Croatia; Sarajevo School of Science and Technology, Bosnia and Herzegovina),
Penalization of International Crimes in Bosnia and Herzegovina: Diversity of Applicable Law and Implications of the Principle of Legality
The Conference Booklet can be downloaded here.
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