The Birth and Evolution of International Criminal Law
Born from the ashes of World War Two (“WW2”) in Nuremberg and Tokyo, International criminal law (“ICL”) is the body of law that holds individuals accountable for humanity’s most serious crimes. Too often reduced to headlines about geopolitics, tyrants, and war criminals, ICL is a landmark system that marked a turning point in the pursuit of universal justice by declaring some crimes so serious that they concern all of humanity and demand international cooperation.
Power, Consent, and the Long Road to Justice in Ukraine
On March 17, 2023, the International Criminal Court (“ICC”) issued an arrest warrant for Vladimir Putin, marking the first time it has indicted a sitting head of state from a permanent member of the UN Security Council (“UNSC”).[i] The warrant for the Russian president was one of the boldest moves in the Court’s history, however, it also reflects the core question of international criminal law (“ICL”): in a system that relies on state cooperation to turn warrants into arrests
Victims’ Rights and the Role of Aggravating and Mitigating Factors in Sentencing
Victims’ rights play an important role throughout the criminal justice process, including during sentencing. One of the ways in which victims are acknowledged within the justice system is through the consideration of their experiences through the use of aggravating factors at the sentencing stage. Section 718 of the Criminal Code establishes that the purpose of sentencing is not only to protect society, but also to promote respect for the law and to contribute to the maintena
The Evolution of Victims’ Rights in Canada
For much of Canadian legal history, the criminal justice system treated crime as a dispute between the state and the accused, leaving victims largely peripheral. Although victims were essential to investigations and prosecutions, they had few recognized rights and little access to information or participation.[i] Over time, public policy has shifted from this exclusion toward recognizing the importance of supporting and involving victims more fully in the justice process.[ii]
The Return of Mandatory Minimums: C-16’s Charter Safety Valve and the Return of the Inflationary Floor
Parliament has put mandatory minimum penalties back at the center of Canadian sentencing policy after a decade of court decisions striking down minimums that produce grossly disproportionate outcomes. In the latest iteration, Bill C-16 keeps mandatory minimums in place for offences that carry a minimum term of imprisonment.[i] It also adds a Charter safety valve that lets judges go below the floor when the minimum would amount to cruel and unusual punishment for the offender
