Justice and cooperation in criminal matters in international military interventions
|Toledo, Spain September, 2007|
The United Nations Office on Drugs and Crime (UNODC)
with the patronage of
Spanish Ministry of Defence
The International Society of Social Defence was founded in the
aftermath of the Second World War. Its aim was to provide scientific
answers –at the international level– to problems linked to
criminality and its prevention by means of legal and social analysis
and a humane criminal policy. Through the subject it has chosen for its
XVth international Congress, the Society is once again bringing into
the limelight of the international scene a very important and hitherto
little discussed issue. So, the Congress has dealt with specific
subjects which can be summed up as follows:
1. The modernisation of military criminal justice, giving particular emphasis to the input of the European and Inter-American Courts of Human Rights.
2. The criminal law framework applicable to military interventions abroad, especially as regards the basis and consequences, from a criminal law standpoint, of Status of Forces Agreements (SOFA) and Rules of Engagement (ROE), as well as the competence of military forces abroad to perform criminal investigations.
3. Peace as a value legally protected through criminal law, especially through the definition of the crime of aggression on a national and international level and particularly in relation to the Statute of the International Criminal Court.
4. Review of the most serious violations of fundamental rights which have occurred during recent conflicts, particularly in the so-called «war against terror», such as the cases of custody and in-custody treatment prohibited by the Geneva Conventions and the international treaties against torture.
5. In order to adequately safeguard peace and to combat the evils of war, it is necessary to provide the public with correct information. For this reason, attention was given to international tools for the protection under criminal law of journalists and means of mass communication in war-torn areas.
6. The list of threats to peace which involve a criminal law dimension is inexhaustible and includes various other issues, such as the violations of international rules on nuclear weapons or the protection of systems and strategic data bases from attacks.
With the subject chosen for its Congress, the valuable lectures presented and the general report and conclusions here included, the Society wishes to contribute to the development of International Criminal Law, to the prevention of international conflicts and to the creation of a global ethical and legal approach.
|Luis Arroyo Zapatero||Edmondo Bruti Liberati|
María Barreda, President
José Antonio Alonso, Minister
of Defence of
Emiliano Garcia-Page, Mayor of Toledo
Kuniko Ozaki, Director of Division for Treaty Affairs of UNODC.
Simone Rozès , President d’honneur of the ISSD
Luis Arroyo Zapatero, President of the ISSD.
Law of War & President of the Spanish group.
Arne Willy Dahl, Judge Advocate General, Norwegian Armed Forces, President of
the International Society for Military Law and the Law of War
Introducción a los trabajos del congreso.
MILITARY CRIMINAL JUSTICE BETWEEN THE PAST AND THE FUTURE
Organisation of military criminal justice and its evolution
What should be the speciality of military criminal codes?
European Court of Human Rights and Military Criminal Justice
Professor of Criminal Law, University of Castilla-La Mancha,
Inter-American Court of Human Rights and Military Criminal Justice
criminal law framework of military missions abroad
Status of Forces Agreement (SOFA), Rules of Engagement (ROE) and Criminal Law
Pierini, International Criminal Law Project,
Judicial police functions of Armed Forces abroad
Giudicelli-Delage, Professor of Comparative Procedural Law at
Criminal law protection and accountability of participants in peacekeeping
Kuniko Ozaki, Director of Division for Treaty Affairs of United Nations Office on Drugs and
Operational Experiences in ROE and SOFA
- General Jose
- General Jose Elito Carvalho Siqueira, Chief Commander of the United Nations
- Lieutenant-Colonel Sylvain Fournier, Legal Counsel for the International
Military Staff (IMS), NATO HQ,
Judge of the Supreme Court in criminal
INTERNATIONAL CRIMINAL LAW IN ARMED CONFLICT SITUATIONS
Military operations abroad and serious violations of fundamental rights
Douglas Cassel, Professor of Law, Director of the University of Notre Dame Law
School’s Center for Civil and Human Rights, USA
The crime of aggression between international and domestic criminal law
Journalism in times of war: the “Couso case”. Criminal law protection of
journalists and media during armed conflicts
Jar, General of the Spanish ‘Guardia
of the Supreme Court in criminal matters,
The “Abu Omar” case
Spataro, Senior Prosecutor and Coordinator of the
From “Abu Ghraib” to the “Rumsfeld” case
Professor of Criminal Law,
“Targeted killings” and extrajudicial executions
Humanitarian Law, Spanish Red Cross
Human rights in extradition and rendition matters.
Human Rights Chamber of Bosnia-Herzegovina.
Legal lessons from operation enduring freedom
Colonel Michael F. Noone,
Professor at the
of Law, United States.
Italian judicial experiences on peacekeeping operations.
National Military Prosecutor,
Peace Protection and Criminal Law
Professor of Criminal Law,
The new threats of the global risk society and their challenges to traditional
Ulrich Sieber, Director of the Max Planck Institute for Foreign and International Criminal
War and corporate power
• William S. Laufer, Director
of the Carol and
• Ryan Burg, Researcher, Legal Studies and
Business Ethics Department,
Peacekeeping in a corrupt environment?
Professor of Law, Basel Institute on Governance,
Concepción Escobar Hernández, Professor of International Law, UNED; Director of the
Legal Department of the Spanish Ministry of Foreign Affairs and Cooperation
Judge at the International Criminal Court,
Criminal law as the ethics of globalisation
Mireille Delmas-Marty, Professor at the
Giving of Beccaria Award for Young Researchers.
Director of Youth Policies, Government of Castilla
2006 Cesare Beccaria Medal, presented to Judge Juan Guzmán Tapias.
· Candido Conde
Pumpido, Attorney General, Ministry of
· Montserrat Comas D’Argemir, Member of the General Council of the Judicial
Hormazábal Malarée, Professor of Criminal Law of the University
Medal presented by:
Miranda Rodrigues, Director of the Judicial