Building a Global Criminal Justice System at the Domestic Level

Introduction

JOINEDUPJUSTICE develops parameters for a coordinated system of global justice at the domestic level. While the project's focus is on international criminal law (ICL), international refugee law (IRL) is the starting point; it is the metaphorical canary in the coal mine that flags up questions at the heart of ICL.

Domestic Prosecutions and Challenges

Many of the domestic prosecutions of international crimes (crimes against humanity, war crimes, genocide) are asylum related. This comes with problems:

1. Exclusion Clause: Article 1F(a) of the Refugee Convention stipulates that those who are suspected of having committed international crimes are undeserving of protection and should be prosecuted. There is no uniform understanding of "undeserving." At the same time, ICL lacks an overarching policy of who is "deserving" of prosecution. Many excluded asylum claimants remain unprosecuted and exist in a legal limbo.

2. Distorting Effect: Asylum-related prosecutions have a distorting effect. They focus on low-level and low-cost defendants (from weak countries).

3. Long-term Approach: This situation hampers the development of a long-term approach to ICL enforcement.

Project Structure

The project consists of 5 work packages and 9 subprojects:

1. Empirical Research: Through empirical research in 8 focus countries and comprehensive case analysis, it maps who is deserving of prosecution while scrutinizing the enemy of mankind narrative, no safe haven, and end to impunity goals.

2. Clarifying Scope: It clarifies the scope of undeserving and draws the line between criminal complicity and non-criminal association, addressing the ICL-IRL mismatch that leaves many in limbo.

3. Jurisdiction Designation: It proposes a system of jurisdiction designation based on subsidiarity and burden-sharing, plus a settlement proposal premised on a right to start again.

4. Policy Integration: It allows for policy integration.

5. Synthesis of Findings: It synthesizes findings into an account of coordinated global criminal justice.

Conclusion

The project's ambition, scope, and methodology will lead to a step change in international criminal justice where the future is domestic.