All Outputs (1000)

Introduction: Setting the scene (2023)
Book Chapter
Razzaque, J., Futhazar, G., & Maljean-Dubois, S. (2023). Introduction: Setting the scene. In Biodiversity Litigation (1-32). Oxford University Press

In 2020, the cognitive dissonance of environmental governance was made painfully clear. At the same time that the pandemic shed light on the disastrous and direct consequences of environmental degradation for the well-being of humans worldwide, envir... Read More about Introduction: Setting the scene.

Ghana ecological risks: A space law and science education approach to the management frameworks (2023)
Working Paper
Nartey, E. Ghana ecological risks: A space law and science education approach to the management frameworks

This article discusses what Ghana needs to do to progress its space programme to aid the development of legal and scientific education programmes for the management framework of biodiversity and the ecosystem. The first part of the article examines p... Read More about Ghana ecological risks: A space law and science education approach to the management frameworks.

Using pedagogical and psychological insights to train analysts using confidential data (2023)
Journal Article
Green, E., & Ritchie, F. (2023). Using pedagogical and psychological insights to train analysts using confidential data. Journal of Privacy and Confidentiality, 13(2), https://doi.org/10.29012/jpc.842

With researchers increasingly gaining access to confidentiality data through restricted environments, interest has grown in the training of those researchers to protect confidentiality and to use the secure facility effectively. Researcher training,... Read More about Using pedagogical and psychological insights to train analysts using confidential data.

Higher education institutions and the anti-money laundering and counter-terrorism financing regulations (2023)
Journal Article
Ryder, N., Bourton, S., Hall, D., & Hillman, H. (2023). Higher education institutions and the anti-money laundering and counter-terrorism financing regulations. Criminal Law Review -London-, 9, 560-580

To tackle money laundering and terrorism financing, the United Kingdom has implemented global mechanisms introduced by the United Nations and the Financial Action Task Force. These mechanisms viewed financial institutions as gatekeepers to the financ... Read More about Higher education institutions and the anti-money laundering and counter-terrorism financing regulations.

Fertile or futile grounds for excluding criminal responsibility? A critical analysis of the Ongwen judgment in relation to the claim of coercive environment (2023)
Journal Article
Nortje, W., & Quénivet, N. (2023). Fertile or futile grounds for excluding criminal responsibility? A critical analysis of the Ongwen judgment in relation to the claim of coercive environment. International Criminal Law Review, 23(5-6), 675–704. https://doi.org/10.1163/15718123-bja10158

Dominic Ongwen was convicted and sentenced for numerous atrocities by the International Criminal Court (icc) in 2021. The Defence focused on the coercive environment that Ongwen was subjected to from his abduction as a boy until his surrender as an a... Read More about Fertile or futile grounds for excluding criminal responsibility? A critical analysis of the Ongwen judgment in relation to the claim of coercive environment.

Enforcing the legal principle of duty of care in corporate human rights violations and environmental damage cases in developing countries (2023)
Journal Article
Nartey, M. (in press). Enforcing the legal principle of duty of care in corporate human rights violations and environmental damage cases in developing countries. Athens Journal of Law, https://doi.org/10.30958/ajl.X-Y-Z

Corporate accountability for human rights violations in international legal systems has proven to be a watershed. This is because there are inadequacies in the existing accountability mechanisms as well as several other legal problems and factual obs... Read More about Enforcing the legal principle of duty of care in corporate human rights violations and environmental damage cases in developing countries.

Suspects still left in limbo? The continuing challenge of pre-charge bail (2023)
Journal Article
Dehaghani, R., Smith, T., & Newman, D. (2023). Suspects still left in limbo? The continuing challenge of pre-charge bail. Criminal Law Review -London-, 492-511

Pre-charge bail has undergone significant reform in recent years. In 2017, changes introduced by the Policing and Crime Act 2017 placed time limits on pre-charge bail. Notwithstanding this attempt to regulate the use of bail more effectively, police... Read More about Suspects still left in limbo? The continuing challenge of pre-charge bail.

The criminalization of solidarity in today's European Union (2023)
Book Chapter
Quenivet, N., Dadomo, C., & Tava, F. (2023). The criminalization of solidarity in today's European Union. In European Solidarity - Interdisciplinary Perspectives (313-345). Colchester: ECPR Press

European solidarity is a contested concept. Social groups and political parties with different ideological orientations across the European Union often try to impose their own conception of solidarity to the detriment of alternative interpretations.... Read More about The criminalization of solidarity in today's European Union.

Conflict Refugees: European Union Law and Practice (2023)
Book
Querton, C. (2023). Conflict Refugees: European Union Law and Practice. Cambridge: Cambridge University Press

Based on a systematic and empirical comparative study of six European Union countries, Christel Querton explores judicial decision-making in the context of persons fleeing armed conflicts in the EU. Addressing and redressing misconceptions about the... Read More about Conflict Refugees: European Union Law and Practice.

Transforming the Politics of International Law: The Advisory Committee of Jurists and the Formation of the World Court in the League of Nations edited by P. Sean MORRIS. Abingdon, Oxfordshire: Routledge, 2022. 290 pp. Hardcover: AUD$ 252.00; eBook: AUD $70.99. doi: 10.4324/9781003020868 (2023)
Journal Article
Garimella, S. R., & Babu, P. (2023). Transforming the Politics of International Law: The Advisory Committee of Jurists and the Formation of the World Court in the League of Nations edited by P. Sean MORRIS. Abingdon, Oxfordshire: Routledge, 2022. 290 pp. Hardcover: AUD$ 252.00; eBook: AUD $70.99. doi: 10.4324/9781003020868. Asian Journal of International Law, 13(2), 398 - 399. https://doi.org/10.1017/s2044251323000322

Decolonisation pedagogy as method (2023)
Presentation / Conference
Kemp, G. (2023, July). Decolonisation pedagogy as method. Presented at International Criminal Law and the Legacy of Colonialism in Africa, Berlin, Germany

Decolonisation pedagogy can serve as a method to address the legacy of colonialism in Africa in an organic way. This is also the case for interrogating the methods, content and approaches in international criminal law as a discipline.

Paying for colonial atrocities. The paradoxical outcome and the unexpected adverse consequences of the German-Namibian settlement concerning the genocide against the Herero and Nama (2023)
Book Chapter
Kemp, G. (2023). Paying for colonial atrocities. The paradoxical outcome and the unexpected adverse consequences of the German-Namibian settlement concerning the genocide against the Herero and Nama. In K. Bachmann (Ed.), German Colonialism in Africa (111-135). Berlin: Peter Lang International Academic Publishers. https://doi.org/10.3726/b20859

This chapter critically assesses the Namibian-German settlement regarding the genocide against the Herero and Nama in historical, legal, and political perspectives.

Apartheid as a crime against humanity (2023)
Presentation / Conference
Kemp, G. (2023, June). Apartheid as a crime against humanity. Paper presented at The crime of apartheid in South Africa and beyond, Nottingham

Apartheid is a crime against humanity, yet no person has ever been prosecuted for this crime. In 2021 two individuals were indicted in South Africa for the crime of apartheid. This is an historic first in the country which gave the policy of aparthei... Read More about Apartheid as a crime against humanity.

Understanding the link between contested territories, war crimes and economic crimes - prosecution and prevention (2023)
Presentation / Conference
Quenivet, N. (2023, June). Understanding the link between contested territories, war crimes and economic crimes - prosecution and prevention. Presented at Economic Crime, Cybercrime and Economic Security in Ukraine, University of Portsmouth

After presenting the concept of war crimes, this presentation explores whether economic crimes (in a wide understanding of the concept) committed in the occupied territories of Ukraine can be prosecuted as war crimes. The second part of the presentat... Read More about Understanding the link between contested territories, war crimes and economic crimes - prosecution and prevention.

Public Health Crisis Management and Criminal Liability of Governments (2023)
Book
Bohlander, M., Kemp, G., & Webster, M. (Eds.). (in press). Public Health Crisis Management and Criminal Liability of Governments. United Kingdom: Hart Publishing. https://doi.org/10.5040/9781509946341

The focus of this book is the possible criminal liability of senior government officials, and in appropriate contexts, the possible criminal responsibility of corporate entities. The chapter on epidemiology aims to give an overview of the origins and... Read More about Public Health Crisis Management and Criminal Liability of Governments.

COVID-19 and crimes against humanity (2023)
Book Chapter
Kemp, G. (2023). COVID-19 and crimes against humanity. In Public Health Crisis Management and Criminal Liability of Governments (331-342). United Kingdom: Bloomsbury Publishing

Death and serious harm to physical and mental health caused by COVID-19 affect not only the protected interests underlying various crimes under domestic law (notably murder, other homicide offences and assault), but can also be analysed in the contex... Read More about COVID-19 and crimes against humanity.

South Africa (2023)
Book Chapter
Kemp, G. (2023). South Africa. In Public Health Crisis Management and Criminal Liability of Governments (215-237). United Kingdom: Bloomsbury Publishing

Potential criminal liability of senior government officials for responses (or lack thereof) during the COVID-19 pandemic. Structure of South African criminal law; general principles and sentencing.

Violations of international humanitarian law and human rights in Ukraine: The damning reports of the UN and the OSCE (2023)
Presentation / Conference
Quenivet, N. (2023, June). Violations of international humanitarian law and human rights in Ukraine: The damning reports of the UN and the OSCE. Presented at Russia’s War in Ukraine and International Law, Online

The paper presents the findings of the OSCE and UN reports on the conflict in Ukraine. It focuses on two issues: the treatment of prisoners of war and the protection of children (notably against forcible transfer).

To exchange or not to exchange – that is the question. A critical analysis of the use of financial intelligence and the exchange of information in the United Kingdom (2023)
Journal Article
Ryder, N., & Bourton, S. (in press). To exchange or not to exchange – that is the question. A critical analysis of the use of financial intelligence and the exchange of information in the United Kingdom. Journal of Business Law,

This article examines the international standards relating to information exchange, identifying its importance in relation to combatting financial crime. The paper critiques the results of the Financial Action Task Force’s Fourth United Kingdom Mutu... Read More about To exchange or not to exchange – that is the question. A critical analysis of the use of financial intelligence and the exchange of information in the United Kingdom.

The provision of weapons and logistical support to Ukraine and the jus ad bellum (2023)
Journal Article
Green, J. A. (2023). The provision of weapons and logistical support to Ukraine and the jus ad bellum. Journal on the Use of Force and International Law, 10(1), 3-16. https://doi.org/10.1080/20531702.2023.2200321

This editorial considers the support currently being supplied to Ukraine following Russia’s ongoing full-scale invasion, which began in February 2022. Western states have provided significant aid to Ukraine in the form, inter alia, of modern weapons... Read More about The provision of weapons and logistical support to Ukraine and the jus ad bellum.