Adapting to Changing Legal Frameworks: Mozambican Refugees in South Africa

This paper argues that legal frameworks to manage immigrationand refugee rights need to be understood from below, namely,how they are interpreted and used locally by the immigrantsaffected and by the host communities, in their specific historicalcontext. Using the case of Mozambican refugees in South Africa(1985–2006), the paper outlines why many of the policiestargeted at or affecting this group of immigrants have had counterproductiveeffects (from the perspective of policy makers) because of thedisjuncture between the goals and assumptions of the legal frameworkand the reality experienced and desired by the refugees. Thesituation of Mozambican refugees in South Africa over the pasttwenty years has been shaped by a radically changing legal context.These changes are charted and matched with how Mozambican refugees,especially those settled in the rural border areas, have adaptedto, made use of and subverted the various legal constraintsand opportunities provided by the South African state and itslocal representatives.     

International Prosecution and National Bureaucracy: The Contest to Define International Practices Within the Danish Prosecution Service

This article explores how international ideals and practices of law enforcement come into conflict with national bureaucracies. Drawing on original interviews, the investigation demonstrates how the competition to define the role of international prosecution impacted career strategies as well as the actual administration of criminal law within the Danish Prosecution Service (DPS). The analysis shows that this competition is embodied in two competing groups of prosecutors situated in a wider national bureaucracy—itself subject to transformations that affect the very stakes of the contest to define the international. While the institutionalists build careers closely attuned to the systemic and increasingly lean‐management‐inspired requirements of the DPS, the dissident and consequently unsettled position of the activists leads them to craft alternative career strategies closely related to the emergence of new international fields of criminal law.     

Military Courts and Prosecution of Offences by National Defense Forces in the Dawn of the Complementarity Regime: The Case of Uganda

With the coming into force of the Rome Statute of the International Criminal Court (ICC Statute) and its complementarity regime, much emphasis has been placed on the role of national courts in prosecuting international crimes. Some states have demonstrated their commitment to this regime by; inter alia, ratifying the ICC Statute, enacting national legislation to implement the ICC Statute and establishing national judicial forums for prosecution of international crimes. Uganda is a prime example of states rising up to this challenge. Uganda ratified the ICC Statute in 2002. In 2008, it established the International Crimes Division (ICD) to prosecute international crimes and in 2010, it enacted the International Criminal Court Act to implement the ICC Statute. Even before these reforms, Uganda’s military courts had always relied on service offences to prosecute members of the national defence force. Worthy to note, members of the Uganda Peoples’ Defence Forces (UPDF) have been implicated in a number of atrocities, some of which can be categorised as international crimes. However, military courts continue to prosecute UPDF soldiers for these atrocities on the basis of service offences. The situation current in Uganda highlights a number of legal issues relating to: first, the adequacy of service offences to advance accountability for the international crimes allegedly committed by UPDF soldiers; secondly, the jurisdiction of military courts over international crimes; and thirdly, the effect of concurrent jurisdiction by the ICD and military courts on the rule against double jeopardy.     

International Organisations in The Netherlands: Immunity from the Jurisdiction of the Dutch Courts

Netherlands International Law Review -     

Australian Prosecution of Corporations for International Crimes: The Potential of the Commonwealth Criminal Code

On 1 July 2002 new provisions for the prosecution of genocide,crimes against humanity and war crimes came into operation withinthe Australian Commonwealth Criminal Code. The offences wereintroduced as a part of Australia's ratification of the RomeStatute of the International Criminal Court. Through the enactmentof these crimes within the broader context of the Criminal Code,Australia has, perhaps unwittingly, created a basis to prosecutecorporations for these crimes even under the universal jurisdictionprinciple. A current investigation by the Australian FederalPolice into the possible role of mining company Anvil MiningLimited in facilitating a military offensive in the town ofKilwa in the Democratic Republic of the Congo indicates thatAustralia, like many nations today, is grappling locally withthe possibility of corporate involvement in international crime.As a potential source of action against companies implicatedin international crime, the possible reach of the AustralianCriminal Code provisions warrants consideration. This articleoutlines the application of the new Australian internationalcrimes provisions to corporations and argues that, if used appropriately,these will represent a positive development toward corporateaccountability.     

从《德国国际刑法典》看国际犯罪的国内追诉

《德国国际刑法典》及相关立法是德国为实施《国际刑事法院规约》所做的重大努力,该法不仅完善了德国对于违反国际法之犯罪的国内追诉制度,也为世界各国提供了一个可资借鉴的法律模式。该法在立法模式和管辖权方面对于我国同类立法具有重要的启示意义。     

The International Criminal Court and Africa: Exemplary Justice

This is a theoretical and empirical investigation into the causal link (if any) between international criminal trials and preventing violence through exemplary prosecutions. Specifically how do representative trials of persons accused of having the greatest responsibility for the most serious crimes of concern to the international community as a whole, supposedly bind recurrent violence? The argument pursued is that by using an accused as an example, a court engages in an indirect and uncertain substitution of personal rights for social harmony and order. These prosecutions combine a peculiar rhetoric, logic and aesthetic, all which substitute the responsibilities for a society in general to a particular individual in order to redeem that society by transferring its communal responsibility onto the individual punished as a form of atonement or expiation. International and domestic trials, as well as truth and reconciliation commissions, are part of a suite of options addressing communal mass violence that can work in tandem. However, because those convicted do not have a monopoly on criminality, nor do those merely reconciled have a monopoly on virtue, exemplification through punishment only targets a few on behalf of the many. Indeed such a redemptively sacrificial economy distinguishes legal justice from mere vengeance.     

韩国实施《公民权利和政治权利国际公约》简介

本文简介了韩国加入《公民权利和政治权利国际公约》后的履约状况与疑难问题,特别介绍了该公约在韩国法律体系中的地位及履约机制。