November 28, 2017

Analysis: The Specialist Chambers and Specialist Prosecutor in Kosovo

On June 28, 2017, the Specialist Chambers of the Constitutional Court of Kosovo (SCCC), a court composed entirely of non-nationals of Kosovo, delivered a decision under the Constitution of Kosovo at The Hague. The SCCC decided that the Rules of Procedure and Evidence before the Kosovo Specialist Chambers (Rules) that would govern the prosecution of...

November 24, 2017

Analysis: A History and Typology of International Criminal Institutions

There has been plethora of international criminal institutions in the last 15 years. The First Generation What can be termed the first generation of such organizations, are the ones established by the United Nations Security Council under Chapter VII of the United Nations Charter. They are the International Criminal Tribunals for the Former Yugoslavia (ICTY)...

November 20, 2017

Case Comment: Reparations for Death and Destruction in the Congo

On March 7, 2014, Congolese warlord Germain Katanga was found guilty by the International Criminal Court (ICC) of being an accessory to crimes against humanity and war crimes as a result of an attack that took place in the Democratic Republic of Congo (DRC) in 2003. The charges relating to crimes against humanity were for...

November 13, 2017

Analysis: The Notion of Civilians in International Criminal Law

Introduction The traditional and long held view has been that there a number of fundamental differences between war crimes and crimes against humanity. They are in general: for war crimes, there is no systematic or widespread commission required, as is the case for crimes against humanity; even one incident of criminal activity can amount to...

October 17, 2017

Commentary: The Magnitsky Act – A Bold Step Forward, but Changes Needed

Commentary by CCIJ The Canadian Centre for International Justice (CCIJ) applauds the Government of Canada and the Canadian Parliament for granting unanimous consent to the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) on October 4. The Act enables the government to take measures against foreign nationals who are responsible for or...

September 27, 2017

Case Comment: The Value of Assurances in Extradition Proceedings

India recently requested the extradition of Surjit Singh Badesha and Makit Kaur Sidhu who are Canadian citizens suspected of having conspired to murder Jaswinder Kaur Sidhu, the niece of Badesha and daughter of Sidhu, in an “honour killing”.1India v. Badesha, 2017 SCC 44. See the post-script for developments immediately following the decision. The case reached...

September 15, 2017

Case Comment: Reparations for the Destruction of the Precious Past

This article will explore the procedures and principles applied by the International Criminal Court (ICC) in ordering reparations for damage done to World Heritage sites. The case is remarkable because it was the first international trial concerning the destruction of historical and religious monuments alone and reparations for a war crime that was aimed at...

September 1, 2017

Analysis: Judges as Perpetrators of War Crimes and Crimes Against Humanity

While it is uncommon, judges have been subject to disciplinary proceedings or even criminal trials. Often these criminal charges dealt with corruption but at times they have also involved more serious offences, such as murder.1In Canada, judge Jacques Delisle had been convicted of this crime, see http://montrealgazette.com/news/quebec/retired-quebec-judge-convicted-of-murder-to-remain-in-prison-pending-case-review. However, it almost unheard of to have the...