Person: Aksenova, Marina
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Marina
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Aksenova
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IE University
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IE Law School
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Public Law and Global Governance
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Publication The ICC Involvement in Colombia: Walking the Fine Line Between Peace and Justice(Torkel Opsahl Academic EPublisher (TOAEP), 2018-09-06) Aksenova, Marina; Bergsmo, Morten; Stahn, Carsten; https://ror.org/02jjdwm75-Publication The Role of Aesthetics in Furthering Integrity(Torkel Opsahl Academic EPublisher, 2020-11-19) Aksenova, Marina; https://ror.org/02jjdwm75-Publication Transformative Power of the International Criminal Tribunal for the Former Yugoslavia(Torkel Opsahl Academic EPublisher (TOAEP), 2020-12-09) Aksenova, Marina; https://ror.org/02jjdwm75-Publication Substantive Law Issues in the Tokyo Judgment: From Facts to Law?(Torkel Opsahl Academic EPublisher (TOAEP), 2020-10-27) Aksenova, Marina; https://ror.org/02jjdwm75-Publication The Future of the International Criminal Court: A Non-human Rights Body?(Cambridge University Press, 2018-10-11) Aksenova, Marina; De Hert, Paul; Smis, Stefaan; Holvoet, Mathias; https://ror.org/02jjdwm75Discussion about the interaction between human rights law (HRL) and international criminal law (ICL) is gaining momentum in scholarly circles. This is not unexpected. Human rights issues are continuously lurking in the background of international criminal trials. It is difficult to imagine international criminal justice without its HRL component – legal guarantees afforded to different parties in the process as well as principles underlying substantive offences in international law. The Rome Statute of the International Criminal Court (ICC) expressly requires that the legal sources used by the Court must be interpreted consistently with internationally recognised human rights standards. The relevance of HRL for international criminal trials seems to be implicitly acknowledged, but is rarely studied or analysed systematically. However, can one equate the ICC to a human rights body? To what extent does its mission converge with the mandate of its regional human rights counterparts – the European Court of Human Rights (ECtHR) and the Inter- American Court of Human Rights (IACtHR) – in upholding and reinforcing human rights? Vasiliev has argued that there exists a strong normative pull to ensure the tribunals’ (and presumably the ICC's) conformity with HRL. It results in an informal hierarchy, in which deference to human rights courts is seen as an aspect of good judging. This tendency stems from a concern shared by both sets of courts to protect human rights from abuses as well as to ensure fair administration of criminal justice. Informal supremacy of human rights case law – or ‘the asymmetry of influence’ – is the result of the uneven mutual substantive relevance of the two disciplines reinforced by the expectation that the ad hoc tribunals would treat human rights jurisprudence with deference – a belief internalised by international judges. Vasiliev has acknowledged the links between ICL and IHRL, but has argued against the normative rhetoric of ‘cross-fertilisation’ – widely accepted in scholarly circles – as it misconstrues the tribunals’ engagement with the regional human rights courts and is incapable of enhancing human rights compliance by the ad hoc tribunals. This chapter continues this line of discourse by invoking an empirical example evidencing the limitations that the ICC faces when incorporating human rights norms in its judicial reasoning.Publication The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia(Cambridge University Press, 2019-06) Aksenova, Marina; Scheinin, Martin; https://ror.org/02jjdwm75This chapter uses the case study of Colombia to argue that there is an emerging right to justice born out of the aspirations of international criminal law. This right comprises several elements, each finding its own unique realisation in the context of Colombia’s transition to peace. More specifically, the chapter discusses the right to see perpetrators of mass atrocities held accountable, the right to peace and reconciliation, the right not to face repetition of collective violence, victims’ right to justice, the right to truth, and, finally, the right to local administration of justice. The International Criminal Court (ICC) plays a role in enforcing these various elements of the overarching right to justice but with clear limitations dictated by the nature of international criminal law as a discipline relying on State cooperation and its own moral appeal. Such process is best understood if one sees the ICC as the enforcer at the domestic level of the generic right to justice.Publication 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/02jjdwm75This 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.Publication Introduction: Breaking the Cycle of Mass Atrocities: Criminological and Socio-Legal Approaches to International Criminal Law.(Bloomsbury, 2020-12-17) Aksenova, Marina; https://ror.org/02jjdwm75It is evident from the on-going debates on whether state policy is an element of crimes against humanity that this category of core international crimes still struggles with establishing its own identity. Originally conceived at Nuremberg as an extension of war crimes, it grew into an independent and ambitious legal category, which seeks to address gross human rights abuses committed on a massive scale in peace- and wartime alike. At the same time, this group of offences breeds a lot of ambiguity because of its over reliance on customary international law. With all the fluidity engendered by the weak legal foundation, where to find justification for international prosecution of crimes against humanity? This paper invokes criminologically related work of Emile Durkheim to support the claim that moral legitimacy of crimes against humanity as a group of offences flows from the feelings collectively shared by individuals across state borders. Repulsion towards certain acts is ingrained in the consciousness of people worldwide.Publication 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/02jjdwm75This 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.Publication Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia(Oxford Academic, 2020-06-11) Aksenova, Marina; Stahn, Carsten; Agius, Carmel; Brammertz, Serge; Rohan, Colleen; https://ror.org/02jjdwm75The chapter argues that, at the creation of International Criminal Tribunal for the former Yugoslavia (ICTY), conditions were ripe for establishing this kind of forum. The ICTY was instituted with one overarching aim: condemnation of evil deemed universal. The language of the UN Security Council resolutions demonstrates an intensifying concern over offences committed in the Balkan war. The overarching purpose of the tribunal was symbolic—to uphold the value of human dignity through the ritual of criminal prosecutions in the light of the inability of local actors to prevent further escalation of atrocities. The chapter relies on two theoretical frameworks to support its claim: the theory of discourse analysis developed by Michel Foucault, projecting the ICTY’s power outwards focusing on the content of its input, and an anthropological exploration of the symbolic nature of rituals by Maurice Bloch, identifying the structure within which this content is generated.