Justicia penal internacional

The situation in Brazil illustrates a sad fact: none of the mechanisms in place make it possible, as it stands, to effectively combat ecocide and associated criminal practices. Data published by the Brazilian Space Agency reveal that in June 2019, deforestation in the Amazon increased by 88% compared to June last year. This trend has exploded since November 2018 with the election of Jair Bolsonaro, who has pledged to promote the development of the Amazon by opening it up more to agricultural and mining investments and putting an end to the repression of environmental crimes.

His government has been following up on its promises.…  Seguir leyendo »

Reparations are measures intended as far as possible to acknowledge and remedy victims’ harm by a responsible actor. The ICC and other international criminal law bodies (in Cambodia and in Senegal) have allowed victims to claim reparations against a convicted person, but few victims have so far benefited from such measures, since a conviction is needed before they can claim reparations. Even when a conviction is secured, there are challenges of implementation or politicisation of reparations to which the ICC is not immune. In practice, victims will often never receive reparations or may wait years for them.

At the ICC, only three cases have so far reached the reparation stage, in Democratic Republic of Congo (DRC) and in Mali.…  Seguir leyendo »

The disavowal of international criminal justice is part of a general trend towards a return to nationalism and the desire of States to have a monopoly on trials. Management of the world’s increasingly scarce resources often involves economic and military interests that place multinationals at the heart of international relations. Mining activities, for example, are almost always conducted under the protection of private military and security companies supported by private banks. These companies become actors in armed conflicts and may be directly or indirectly involved in international crimes.

In order to avoid binding legislation (and litigation), companies have supported and subscribed to voluntary codes of conduct, non-binding standards adopted by governments and/or companies.…  Seguir leyendo »