Research Articles

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Corporate Complicity in International Criminal Law: Potential Responsibility of European Arms Dealers for Crimes Committed in Yemen
(Washington University, 2021-04-13) Aksenova, Marina; https://ror.org/02jjdwm75
This article examines the question of corporate complicity within the framework of international criminal law and, more specifically, at the International Criminal Court (ICC). It does so by referencing a communication to the ICC filed by several non-governmental organizations, inviting the prosecutor to examine potential criminal responsibility of several European corporate officials who are knowingly supplying weapons to the United Arab Emirates/Saudi-led coalition currently engaged in a military offensive in Yemen. This submission raises an important legal question of whether the ICC’s Rome Statute provides for the possibility to hold corporate officials accountable in cases of complicity in gross human rights and humanitarian law violations. This article purports to answer this question by scrutinizing two specific provisions of the Rome Statute: Article 25(3)(c), which discusses aiding and abetting for the purpose of facilitating the commission of a crime, and Article 25(3)(d), which criminalizes contributions to the commission of a crime by a group of persons acting with a common purpose.
Creative Potential of Reparations at the Inter-American Court of Human Rights and the International Criminal Court
(Suffolk University, 2020) Aksenova, Marina; https://ror.org/02jjdwm75
This article critically reflects on the practice of symbolic reparations with artistic value at the Inter-American Court of Human Rights (IACtHR). The IACtHR is more "experienced" than the International Criminal Court (ICC) in ordering reparations in general and symbolic reparations with creative potential, in particular. This article examines several distinctive features of such reparations in the practice of the IACtHR and assesses their relevance to the nascent practice of reparations at the ICC. It is argued that this type of remedy has capacity to embrace multiple narratives, address collective interests, fill in the gap between responsibility in a strictly legal sense and a broader acknowledgement of a violation, and finally 'fix' the event in time for the purposes of the preservation of memory
Global Citizenship and the Right of Access to Justice: Adapting T.H. Marshall’s Ideas to the Interconnected World
(Project MUSE, 2023) Aksenova, Marina; https://ror.org/02jjdwm75
The right of access to justice is both procedural and substantive in nature. It is procedural because it guarantees availability of certain recourse mechanisms, not necessarily limited to a purely judicial route. It is also a substantive entitlement allowing for the enforcement of the idea of justice as fairness in each unique factual context. The right of access to justice as an attribute of the emerging global citizenship denotes our shared understanding that accountability comes in many forms and shapes, which are becoming gradually available to individuals and grassroots organizations on a global scale. This trend is powered by the technological advancements and the evolution of institutions tasked with ensuring world-wide interconnectedness. This paper critically engages with Thomas Marshall's essay on citizenship published in 1950, arguing that despite several limitations that became apparent in recent decades, this work is an important signpost on the road to building a comprehensive account of global citizenship as a status belonging to all of humanity.
Reinventing or rediscovering international law? The Russian Constitutional Court’s uneasy dialogue with the European Court of Human Rights
(Oxford University Press, 2019-01-21) Aksenova, Marina; Marchuk, Iryna; https://ror.org/02jjdwm75
This article discusses interactions between the Constitutional Court of the Russian Federation and the European Court of Human Rights. More specifically, it critically examines evolving legal reasoning of the CC with respect to its interpretation of international law. Furthermore, it reflects on broader implications of the CC’s recent rulings that reaffirm the primacy of the Constitution of the Russian Federation over the ECtHR judgments in part where they appear to be contrary to the constitutional law provisions. These rulings are anticipated to have a long-lasting effect on the Russian legal system. They reflect a changing relationship between international and domestic law and signal a shift in Russia toward a more autonomous understanding of international law rooted in the principle of sovereignty that differs from the Western narrative of the discipline. Even more broadly, these emerging new interpretations support the idea of fragmentation of international law not only from a strictly legal perspective—as a plethora of conflicting sources of law—but also from a socio-legal perspective as a discipline harboring conflicting narratives.
Setting the scene: The use of art to promote reconciliation in international criminal justice
(Cambridge University Press, 2020-02-18) Aksenova, Marina; Rieff, Amber; https://ror.org/02jjdwm75
This article maps out the landscape holding and connecting three interrelated phenomena: art, international criminal justice, and reconciliation. We argue that reconciliation, viewed as a restoration process, is one of the goals of international criminal justice. Yet, its attainment through law is challenging because international criminal justice, strictly construed, is outcome oriented. Art can serve as a ‘bridge’ linking normative legal standards with their reconciliatory aspirations. The key argument is therefore that art has the clear ability to mediate and amplify the law’s restorative potential through three key features. Firstly, art reflects the complexity of the human condition and reserves a place for emotional processing. Secondly, it is a useful relational tool in opening the space for dialogue, the latter being essential for reconciliation. Lastly, art has the capacity to translate legalistic findings into a language accessible to a wider audience.
Symposium on art aesthetics and international Justice. Introduction to the symposium on art aesthetics and international courts
(Cambridge University Press, 2020) Aksenova, Marina; https://ror.org/02jjdwm75
This essay provides a general framework for thinking about art and international justice,and more specifically the work of international courts. As international justice searches for new methodologies and instruments of inquiry,aesthetic experience proves to be a lens through which it is possible to deepen our understanding of international justice as a specific social practice in its dynamic form. Art is both a representation of reality and an affective state in which both participants in judicial proceedings and outside observers can interact and experience justice directly. This essay and the symposium as a whole demonstrate that art is implicit in the rhetoric of international courts,their architectural design,and their commemorative practices expressed by symbolic reparations and outreach activities. © Marina Aksenova 2020. This is an Open Access article,distributed under the terms of the Creative Commons Attribution licence

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