“beyond Borders: International Law And The Global Benefits Of Lawyers”

“beyond Borders: International Law And The Global Benefits Of Lawyers” – To provide an answer to this question as well as a clear way forward, the Clooney Foundation for Justice launched the Justice Beyond Borders Project (the “JBB Project”) – an online tool that shows how existing laws around id -the world can be used to access. justice The JBB Project tracks how and where the most serious international crimes – war crimes, crimes against humanity, genocide, and aggression – can be prosecuted across 216 countries and territories.

More than a database, the JBB Project seeks to help all survivors understand where and how they can access justice and ensure that perpetrators have nowhere to hide. Achieving this means mobilizing as many countries as possible to adopt the laws that allow them to investigate and prosecute the most serious international crimes, to ensure that survivors know and can exercise their rights their, and to ensure that such laws are implemented consistently and effectively. Only then does responsibility become the norm and impunity the exception.

“beyond Borders: International Law And The Global Benefits Of Lawyers”

A volunteer places a cross on a grave of one of fifteen unidentified people killed by Russian troops during a burial ceremony in the city of Bucha, Kyiv region, Ukraine on September 2, 2022. REUTERS/Vladyslav Musiienko

Prime Video: Criminal Minds: Beyond Borders

The principle of Universal Jurisdiction (UJ) allows countries to prosecute the most serious crimes regardless of where they were committed, the nationality of the perpetrator, or the nationality of the victim. It has been developing since World War II as a mechanism to pursue justice for survivors of mass atrocities. The ability to investigate and prosecute alleged perpetrators of crimes committed beyond a country’s own borders has been gaining momentum in the last three decades, with the number of investigations and prosecutions increasing and more countries than ever embracing the -need to fight injustice.

The JBB Project analysis indicates that 28 UN Member States (and 29 total jurisdictions) allow the investigation of at least one of the most serious international crimes under absolute universal jurisdiction which means that countries investigate and prosecute a suspect who committed a serious international crime. regardless of their nationality, the nationality of the victim, the place where the crime was committed, or the location of the suspect.

In many countries, however, laws that grant jurisdiction for crimes committed beyond the country’s own borders are subject to conditions that limit their application including one or more of the following:

According to a UN report President Nicolás Maduro, and other high-ranking authorities in the country, have committed crimes against humanity, as well as various state security bodies, according to what came out this weekend. (Photo by Humberto Matheus/Sipa USA)

Vol. 1 No. 1 (2021): Sovereignty, International Law, Democracy And Global Constitutionalism

Survivors of atrocities have also become the driving force behind prosecutions of the international crimes they and their families have suffered. This trend is due, in part, to the recent displacement related to the conflict from Afghanistan, Syria, Iraq and Ukraine which has caused millions of survivors and witnesses to go to European and other countries. In some situations, national prosecutions in countries where they have sought refuge are their only chance to obtain justice, and they have actively provided information to law enforcement agencies, which has prompted investigations, arrests and trials of ‘ success.

The Docket is playing a role in supporting some of those survivors through its other projects in DRC and Venezuela. As countries become more committed to the idea of ​​universal justice, they are also forming global networks such as the European Network for the investigation and prosecution of genocide, crimes against humanity and war crimes (“Network of -Genocide”) within Eurojust. Civil society is playing its part as well, investigating possible war crimes as they occur and presenting this evidence to law enforcement and international courts such as the ICC. The Docket is currently investigating possible international crimes in Ukraine and the evidence our team gathers will go toward accountability efforts by the ICC and domestic courts.

Presiding Judge Anne Kerber (C) stands before handing down the verdict to Syrian accused Eyad A. in the courtroom in Koblenz, Germany February 24, 2021. Thomas Lohnes/Pool via REUTERS

The potential for prosecuting international crimes in national jurisdictions has been undermined by a number of challenges that need to be addressed in order to achieve effective and equal access to justice for survivors of mass atrocities in practice.

Badges Without Borders By Stuart Schrader

Than it was intended to be. Forty countries have not yet criminalized a single international crime or recognized any form of jurisdiction over such crimes committed abroad, while others have significant restrictions related to the status or location of the victim or perpetrator. For example, France has subjected the crimes described in the Rome Statute to narrow jurisdiction provisions that require the alleged perpetrator to live in the country or the victim to be a French citizen, making it very difficult to seek justice against those who committed international crimes in the country. French domestic courts.

The lack of political will often prevents the opening of UJ investigations, as well as the lack of capacity and expertise. Many states are reluctant to spend limited resources on lengthy investigations of crimes that did not directly affect their country or their people. In the other cases, they may face political pressure from other states not to carry out prosecutions at all.

A major criticism of international justice processes, including those at the national level, is selectivity: until now, most investigations and prosecutions have taken place in Europe against perpetrators from the Global South. The lack of prosecutions of suspected Western perpetrators undoubtedly undermines the universality of the system.

The JBB Project seeks to address these challenges and more by providing an up-to-date and comprehensive review of international crime legislation around the world and looking at how those laws can be used to deliver justice.

Cross Border Discovery At A Crossroads

Out of 193 UN Member States, 153 have criminalized at least one of the four most serious international crimes: the crime of genocide, crimes against humanity, war crimes, and crimes of aggression. Around the 216 jurisdictions analyzed in this project, 170 jurisdictions criminalize at least one of the four crimes. War crimes are the most criminalized, with 142 UN member states and 55 of the jurisdictions analyzed criminalizing them.

However, 148 UN Member States (164 jurisdictions) have laws that allow them to investigate and prosecute at least one of these crimes even when the crime is committed beyond their own borders, only 20 countries actually have

Existing laws to launch investigations and prosecutions over the last three decades. less than half of the prosecutions resulted in a conviction. Argentina and Germany made active use of their absolute universal jurisdiction provisions. In a 2021 case, a German court found an ISIS member guilty of genocide, crimes against humanity, and war crimes under absolute universal jurisdiction: the defendant was not a German citizen nor resident, the victims did not they were German, and the crimes were not committed on German territory.

Justice Beyond Borders is a project mapping national laws on serious international crimes across 216 countries and territories. Por favor revisa tu carrito. You can remove the items not available now or we will remove them automatically at the moment of payment.

Capital Law Launches Twelve International Desks At ‘beyond Borders’ Event

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This book examines the challenges posed to contemporary international law by the changing role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not correspond only to the boundaries of States: in fact, while they remain a fundamental tool to assert the power of States, they are in fact a collection of spatial limits that change constantly. Consequently, the book approaches borders as context-specific limits and re-examines concepts traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach that considers borders as phenomena both closing and opening. Therefore, the first part of the book addresses what happens “within” the borders, investigates the fundamental causes of the creation of spatial limits and reassesses apparent extraterritorial assertions of State power. For its part, the second part not only explores typical spaces without borders, but also considers more generally the exercise of the powers and prerogatives of States and international organizations between or “beyond” the -borders.

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