000 01651cam a2200157 4500500
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041 _afre
042 _adc
100 1 0 _aBourguiba, Leïla
_eauthor
245 0 0 _aFrance, a possible haven of impunity for Syrian criminals? A last-ditch rescue of the universal jurisdiction of French courts
260 _c2023.
500 _a57
520 _aThe development of international criminal justice is undoubtedly a major development in international law. The International Criminal Court is one of its emblematic figures. Its inability to deal with the Syrian tragedy, for legal reasons, has highlighted the work carried out by other actors, in particular national criminal courts exercising their universal jurisdiction. While Germany has been able to bring several trials to a successful conclusion on this basis, the French courts, despite working closely with their German counterparts, are struggling. Why is this so? The “Chaban” ruling handed down in November 2021 by the Criminal Division of the Court of Cassation highlighted the abyssal gulf between French diplomacy’s incantations to fight impunity and the national procedural straitjacket that paralyses any exercise of universal jurisdiction. Although the plenary session of the Court of Cassation, a solemn composition, saved the universal jurisdiction of French courts in extremis, we must remain constantly vigilant to ensure its effectiveness.
786 0 _nConfluences Méditerranée | o 126 | 3 | 2023-11-09 | p. 99-115 | 1148-2664
856 4 1 _uhttps://shs.cairn.info/journal-confluences-mediterranee-2023-3-page-99?lang=en&redirect-ssocas=7080
999 _c415103
_d415103