International Association of Penal Law (AIDP)
the 6th AIDP Symposium for Young Penalists
“Revisiting the International vs Ordinary Crime Divide: A Turning Point for International Criminal Law?”
22 August 2018
At Graduate School of Law, Kyoto University, Japan
Yoshidahonmachi, Sakyo-ku, Kyoto-shi, Kyoto, 606 8501 JAPAN
Vunue: At the Large Conference Room, E4th Floor, Faculty of Law and Faculty of Economics Main Bldg, Main Campus, Kyoto University
The Young Penalist Committee (YPC) of International Association of Penal Law (AIDP) held a symposium in Kyoto on international criminal law. This was an opportunity for young scholars to exchange and discuss the main theme of the symposium, "revisiting the international vs ordinary crime divide". 9 Young scholars from all over the world presented their original works. Megumi Ochi, the member of YPC was in charge of management.
Chief of the Organizing Committee
Member of the Young Penalist Committee of the AIDP
9.15 – 10.00
Alejandro Eduardo Chehtman
Associate Professor of Law, Universidad Torcuato Di Tella – Fellow, Argentine National Research Council/Universidad de Girona
10.00 – 10.15
10.15 – 10.45
On the Importance of Demarcating between International and Domestic Delinquency: the Case of Universal Prosecutions of ‘Core’ International Crimes
Lachezar Dimitrov Yanev
Assistant Professor, Tilburg University
10.45 – 11.15
A Triple Normative Relation: State Law, Indigenous Law and International Law
Daniel Andres Kuri García
Professor of Law, Universidad de Especialidades Espiritu Santo
11.15 – 11.45
Networked Organizations: A Test for the Demarcation Line between Crimes against Humanity and Ordinary Offences
Associate Legal Officer, International Criminal Court, Judicial Divisions
PhD Candidate, Leiden University
11.45 – 13.30
13.30 – 14.00
Implications on the Erosion of the Distinction between International and Domestic Crimes
PhD Candidate, Leiden University
14.00 – 14.30
The Concept of International Procedural Criminal Law: Internationality of Institution or Jurisdiction Ratione Materiae?
Post-Doctoral Research Fellow SPD of JSPS, Kyoto University
14.30 – 15.00
Righting Wrongs?: Revisiting the Reparation Order Mechanism of the ICC through the Lens of the International/Ordinary Crimes Divide
David Yuga Mansfield
PhD Candidate in International Law, The University of Tokyo
Research Fellow, Japan Society for the Promotion of Science
15.00 – 15.30
15.30 – 16.15
Implementing International Crimes in National Legal Orders:
An Appraisal of Asian State Parties to the Rome Statute
Daley J. Birkett
Research Fellow and Ph.D. Candidate, University of Amsterdam
Research Associate, University of Kiel
16.15 – 17.00
African Solutions to African Problems?: Legal Dilemmas Confronting the Special Criminal Court in the Central African Republic
S.J.D. Candidate, Georgetown University Law Center
17.00 – 17.45
The Intersection of Transnational and International Criminal Law - Example of Trafficking In Persons
Assistant Professor, University of Lodz
Revisiting international and transnational crimes: perspectives from the proposal for an International Court against Terrorism
Alejandro Sánchez Frías
Doctoral Research Fellow, University of Malaga
At the Large Conference Room, E4th Floor, Faculty of Law and Faculty of Economics Main Bldg, Main Campus, Kyoto University
京都大学法経済学部本館東棟4階大会議室 (in Japanese)
•Address & Map
Campus map: https://www.kyoto-u.ac.jp/en/access/main-campus-map.html (The building is No. 4)
Address: Yoshidahonmachi, Sakyo-ku, Kyoto-shi, Kyoto, 606 8501 JAPAN
Registration is not necessary. Please kindly email to the Organizing Committee to inform your attendance if possible.
•Travel & Visa
Participants are responsible for making their own travel arrangements.
It is recommended that you check your visa requirements with your local embassy or consulate.
Donation for coffee and other service is welcomed (500 JPY per peson is suggested)
Please check this website: http://ochmgm.wixsite.com/megumiochi/aidp-ypc-6th-symposium
Organizing Committee email@example.com
The demarcation line between international crimes and ordinary crimes is becoming vague. At the international level and at the International Criminal Court (ICC) specifically, the formal distinction between ordinary and international crimes is being challenged. In 2013, in the context of the situation in Libya, Pre-Trial Chamber I of the ICC confirmed that the ICC Statute does not make a distinction between ordinary and international crimes when it comes to the complementarity regime of the ICC, and domestic investigations for the same conduct are sufficient to make the case inadmissible before the ICC. At the substantive level, the demarcation line between crimes against humanity as a category of international crimes and ordinary offences took center stage in the decision of Pre-Trial Chamber II to authorize an investigation into the situation in Kenya in 2010 and is has remained a contentious aspect since. More recently, in 2017, the Appeals Chamber confirmed that members of an armed group are not per se excluded as potential victims of war crimes of perpetrators belonging to the same armed forces, which may seem incompatible with the concept of war crimes and international humanitarian law. At the regional level, the Malabo Protocol adopted by the Assembly of the African Union in 2014 created a new International Criminal Law section in the African Court of Justice and Human Rights and conferred upon it jurisdiction over core international crimes (genocide, crimes against humanity and war crimes) as well as other crimes traditionally considered to be transnational or organized crimes (such as trafficking, terrorism or money laundering). In addition, at the national level, many states have criminalized international crimes in their domestic criminal laws. Furthermore, various internationalized courts and tribunals have been established, and most of them have jurisdiction over both international crimes and crimes under domestic laws.
In light of such developments the question arises: is the distinction between international and ordinary crimes still valid, or has it lost its significance? The seminar aims to revisit and question the traditional concept of international crime, reflecting on recent developments in law and practice. It seeks to bring together scholarly works that consider issues such as: the intersection between international, transnational, organized and ordinary crimes; the phenomena behind the possible erosion of the distinction between international crimes and ordinary offences; implications of such an erosion (positive or negative); or the rationale behind this distinction. We welcome presentations on these issues as well as other topics that fall under the main theme of the symposium.
The symposium aims to provide a platform in particular for young scholars in international criminal law to exchange views. Speakers are required to prepare and submit Power Point Slides a week before the symposium.
Proposals must be submitted via email to Megumi Ochi (firstname.lastname@example.org) with the title Symposium of August 2018. Please send a 500-word abstract in English and a C.V. as separate attached files (doc or pdf). The deadline for proposals is 22 June 2018.
Speakers will be selected on the basis of abstracts submitted in response to this Call for Presentations.
Fees for flight will be covered for a limited number of speakers. Please indicate in the abstract if you can only participate with financial aid.
AIDP Young Penalist Committee, http://ypc.youngpenalists.org/
This symposium is supported by JSPS KAKENHI
Grant Number JP 15J07414 (Grant-in-Aid for JSPS Fellows)