New terrorism cases and working papers added to the International Crimes DatabasePublished 19 October 2018
Twelve new case analyses have been added to the International Crimes Database, which offers an extensive online collection of international crimes broadly defined, such as genocide, war crimes, terrorism and piracy.
The International Crimes Database website of the Asser Institute aims to be the starting point for any online search in international crime. It provides access to a range of information, not just for scholars and practitioners (such as judges, prosecutors and defense counsel), but also for students, journalists, families and communities of victims of crimes.
In addition to case law on international crimes adjudicated by national and international courts, the website incorporates general background information about international crimes, scholarly as well as news articles, working papers (ICD Briefs) and relevant links to other useful databases/websites on this topic.
Twevle new cases on terrorism
The twelve summaries added are related to terrorism, attempted terrorism, and providing material support. Most of the cases are from the United States as well as England and Wales, and relate to (attemped) fighting in Syria and Iraq (foreign fighters). They give a good insight of common law approaches to prosecuting terrorism-related offences. An example of a new case analysis is United States of America v. Nader Elhuzayel and Muhanad Badawi. Both Mr. Elhuzayel and Mr. Badawi were convicted by a federal jury of conspiring to provide material support to a foreign terrorist group, the Islamic State (IS). The defendants had used social media accounts to support IS, and Mr. Badawi had filmed Mr. Elhuzayel pledging allegiance to IS and promising to travel to Syria to fight. Mr. Elhuzayel was arrested prior to boarding a flight to Israel via Turkey. They were also found guilty of financial fraud charges, the proceeds of which had been used to fund the travel. In the preparation of the US cases for the ICD database, the Asser Institute received assistance from students enrolled in the International Justice Project of the University of California Los Angeles (UCLA) School of Law.
New briefs on former Yugoslavia Tribunal
Three new briefs have been added, too. They are related to the work and legacy of the International Criminal Tribunal for the former Yugoslavia (‘ICTY’), that operated from 1993 - 2017. Among its accused were Slobodan Milošević, Radovan Karadžić and Ratko Mladić. The tribunal was formally closed last year after 24 years of operation and after having issued 161 indictments. The authors of these Briefs have all worked for the ICTY.
Appeals on errors of fact
Rupert Elderkin’s ICD Brief concentrates on the ICTY’s appeals on errors of fact. It highlights the Appeals Chamber’s little deference to the trial chambers’ factual findings. By implicitly identifying the judges responsible for those judgements, the Appeals Chamber unnecessarily raised doubts about the judicial professionalism of the institution.
Role of defence in international criminal proceedings
In their Brief, Fiana Reinhardt and Lisa Feirabend examine the changing perception of the importance and role of the defence in international criminal proceedings. They emphasise the changing role of the defence before the ICTY, and how the lessons learnt there are reflected in the practice of the Special Tribunal for Lebanon and the International Criminal Court.
Jonas Nilsson elaborates upon the last case before the ICTY, the trial of Ratko Mladić. Nilsson analyses its pre-trial and trial proceedings and expands on its lessons learned that are of relevance to present and future courts and tribunals. Nilsson also provided a lecture on this topic in the context of the Supranational Criminal Law Lecture Series, which can be viewed here.