International crimes in United Kingdom and Japanese law and practice.

Arnell, Paul; Kawai, Toshinobu

Abstract

The incorporation and application of international criminal law by states is critical if the gravest acts are to be deterred and punished. International law and institutions cannot alone meet the challenge of addressing these crimes. That the principle of complementarity is central to the operation of the International Criminal Court (ICC) supports this fact. As does customary international law, which permits states to assume universal jurisdiction over genocide, war crimes and crimes against humanity. The UK and Japan, as relatively powerful states, members of the G7, and parties of to the Rome Statute of the International Criminal Court (Rome Statute) can play a meaningful role in ensuring that international criminal law is applied and enforced. They can set an example to other states of the commitment to further global criminal justice. Whilst both countries have in general terms acted in accordance with the aim of pursuing global criminal justice more can, and should, be done. Indeed, as regards the UK Baroness Helena Kennedy in late 2023 has written "…despite its robust judicial system, top-tier law schools, and an abundance of highly skilled legal professionals, the UK has done little in the last decade to deliver meaningful accountability for international crimes in its own courts". This article describes the approaches taken by the UK and Japan to the core international crimes and considers why the law and practice in both countries is not as effective as it should be.

Citation

ARNELL, P. and KAWAI, T. 2023. International crimes in United Kingdom and Japanese law and practice. Nihon University comparative law, 39, pages 89-103. Available from: https://tinyurl.com/39ejnjtp

• Journal Article Type: Article
• Acceptance Date: Dec 31, 2023
• Online Publication Date: Apr 1, 2024
• Publication Date: Dec 31, 2023
• Deposit Date: Mar 12, 2024
• Publicly Available Date: Mar 18, 2024
• Journal: Nihon University comparative law
• Print ISSN: 0289-8101
• Publisher: Nihon University
• Peer Reviewed: Peer Reviewed
• Volume: 39
• Pages: 89-103
• Keywords: International criminal law; International criminal court (ICC); Universal jurisdiction; United Kingdom; Japan
• Public URL: https://rgu-repository.worktribe.com/output/2270589
• Publisher URL: https://tinyurl.com/39ejnjtp