The Migration of Criminal Law Principles from National to International Law

[RG # 127] The Migration of Criminal Law Principles from National to International Law

Organizer:

Miriam Gur-Arye (The Hebrew University)

International criminal law (ICL) is a unique branch of law, as it addresses the gravest crimes of concern to the international community as a whole through the imposition of criminal responsibility directly upon individuals (rather than upon states). ICL has become more prominent in recent years. New institutions have been created (most notably, the International Criminal Court [ICC]) and a growing number of international norms have penetrated national laws and are now applied more frequently by national courts (e.g., through the universal jurisdiction doctrine). Still, the theoretic basis of international criminal law is weak and its relationship to national criminal law is less than clear.

The aim of the research group is to examine closely the development of criminal law principles and basic notions in order to evaluate the process of migration of criminal law norms from national to international law. Our hope is that the research will provide a better understanding of the potential and shortcomings of international criminal law at the beginning of the 21st century, and serve as the basis for normative and institutional proposal reforms.

2011-2012 Research Groups 2011-2012 Law

Members

Kai Ambos

FELLOW

Georg-August-University Göttingen

Kai is a professor at Georg-August-University Göttingen and a Judge at the Provincial Court (Landgericht) of Lower Saxony in Göttingen, Germany. His research interests are international and comparative criminal law and procedure, international humanitarian law, and theory of law.

George P. Fletcher

FELLOW

Columbia Law School

George is a professor at Columbia Law School, USA. His research interests are criminal law, torts, comparative law, and legal philosophy.

Oren Gross

FELLOW

University of Minnesota Law School

Oren is a professor at University of Minnesota Law School and Director of the Minnesota Center for Legal Studies, USA. His research interests are national security law, international law, and international trade.

Miri Gur-Arye

FELLOW

The Hebrew University of Jerusalem

Miri Gur-Arye is a Judge Basil Wunsh Professor of Criminal Law in the Faculty of Law at The Hebrew University of Jerusalem.

Fionnuala Ní Aoláin

FELLOW

University of Minnesota Law School

Fionnuala is a professor at University of Minnesota Law School, USA, and in the Transitional Justice Institute at the University of Ulster, Ireland. Her research interests are national security law, international law, international human rights, and feminist legal theory.

Gilad Noam

FELLOW

The Hebrew University of Jerusalem

Gilad is a professor in the Faculty of Law at The Hebrew University of Jerusalem. His research interests are international law, international criminal law, and international human rights law.

Yoram Shachar

FELLOW

IDC Herzliya

Yoram is a professor in the Radzyner School of Law at IDC Herzliya. His research interests are criminal law, the Israeli Supreme Court, the Israel Declaration of Independence, and comparative law.

Yuval Shany

FELLOW

The Hebrew University of Jerusalem

Yuval is a professor in the Faculty of Law at The Hebrew University of Jerusalem. His research interests are international law, international humanitarian law, and international human rights.