Project description
Global international criminal justice at domestic level
Sometimes domestic prosecutions of international crimes are also asylum related. However, according to the Refugee Convention’s exclusion clause, those suspected of international crimes are undeserving of protection and should be prosecuted. Still, there is no uniform understanding of ‘undeserving’, and international criminal law (ICL) lacks an overarching policy of who is 'deserving' of prosecution. The ERC-funded JOINEDUPJUSTICE project will develop parameters for a coordinated system of global justice at domestic level, focusing on ICL and international refugee law through empirical research in eight focus countries and an inclusive case analysis. JOINEDUPJUSTICE will map who is deserving of prosecution and clarify the scope of ‘undeserving’.
Objective
JOINEDUPJUSTICE develops parameters for a coordinated system of global justice at the domestic level. While the projects 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.
Many of the domestic prosecutions of international crimes (crimes against humanity, war crimes, genocide) are asylum related. This comes with problems. First, article 1F(a) of the Refugee Convention, (exclusion clause), 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. Second, asylum related prosecutions have a distorting effect. It comes with a focus on low-level and low cost defendants (from weak countries). Third, it hampers developing a long-term approach to ICL enforcement.
The project consists of 5 work packages and 9 subprojects: (i) through empirical research in 8 focus countries and comprehensive case-analysis it maps who is deserving of prosecution whilst scrutinizing the enemy of mankind narrative, no safe haven and end to impunity goals, (ii) 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, (iii) it proposes a system of jurisdiction designation based on subsidiarity and burden-sharing plus a settlement proposal premised on a right to start again, (iv) allows for policy integration, (v) and synthesises findings into an account of coordinated global criminal justice. The projects ambition, scope and methodology will lead to a step change in international criminal justice where the future is domestic.
Fields of science (EuroSciVoc)
CORDIS classifies projects with EuroSciVoc, a multilingual taxonomy of fields of science, through a semi-automatic process based on NLP techniques. See: The European Science Vocabulary.
CORDIS classifies projects with EuroSciVoc, a multilingual taxonomy of fields of science, through a semi-automatic process based on NLP techniques. See: The European Science Vocabulary.
- social sciences law human rights human rights violations
- engineering and technology environmental engineering energy and fuels fossil energy coal
- social sciences law international law
- social sciences sociology demography human migrations
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Keywords
Project’s keywords as indicated by the project coordinator. Not to be confused with the EuroSciVoc taxonomy (Fields of science)
Project’s keywords as indicated by the project coordinator. Not to be confused with the EuroSciVoc taxonomy (Fields of science)
Programme(s)
Multi-annual funding programmes that define the EU’s priorities for research and innovation.
Multi-annual funding programmes that define the EU’s priorities for research and innovation.
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HORIZON.1.1 - European Research Council (ERC)
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Topic(s)
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Calls for proposals are divided into topics. A topic defines a specific subject or area for which applicants can submit proposals. The description of a topic comprises its specific scope and the expected impact of the funded project.
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Funding scheme (or “Type of Action”) inside a programme with common features. It specifies: the scope of what is funded; the reimbursement rate; specific evaluation criteria to qualify for funding; and the use of simplified forms of costs like lump sums.
HORIZON-ERC - HORIZON ERC Grants
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Call for proposal
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Procedure for inviting applicants to submit project proposals, with the aim of receiving EU funding.
(opens in new window) ERC-2021-ADG
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5037 AB Tilburg
Netherlands
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