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- Title
SYNERGIES BETWEEN CORE AND TRANSNATIONAL CRIMES: AN ANALYSIS FROM THE PERSPECTIVE OF THE ROME STATUTE.
- Authors
BRAGA DA SILVA, RAFAEL
- Abstract
This article examines the validity of the normative and theoretical distinction between core and transnational crimes as well as their phenomenological relationship inter se. It criticises the definitional orthodoxy of international crimes as embodied in the jurisdictional provisions of the Rome Statute of the International Criminal Court in light of the theoretical and criminological underpinnings of 'core crimes' as an autonomous category of crimes. It then argues, based on International Criminal Court ('ICC') case law, that the fictional categories of core crimes produce a myopic view over real life events that does not take into consideration broader events and transnational crimes that enable core crimes. The article then highlights the (modest) potential of addressing transnational criminality within the ICC legal and institutional framework by focusing on two possible avenues: evidence-sharing and charging conduct amounting to transnational crimes under accessorial liability to core crimes. Ultimately, the article aims to discuss what the potential role of the ICC is in combatting transnational crimes as well as the advantages and shortcomings of any such role.
- Subjects
INTERNATIONAL Criminal Court; INTERNATIONAL crimes -- Law &; legislation; EVIDENCE; JURISDICTION (Roman law); CRIMINAL law
- Publication
Melbourne Journal of International Law, 2020, Vol 21, Issue 1, p1
- ISSN
1444-8602
- Publication type
Article