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• Defences in International Criminal Law

  35-53

  Ferenc Sántha

  Views:

  126

  The Statute of the International Criminal Court (ICC) was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. The ICC Statute contains rules regarding grounds for excluding criminal responsibility but this list is not exhaustive since other defences are recognized in international (criminal) law. This essay will not examine the special procedural defences and other obstacles of punishability which are explicitly rejected by the ICC Statute but focus on the substantial defences in international law: the lack of responsibility under a certain age; insanity and intoxication; justifiable defence; necessity and duress; mistake; superior orders; belligerent reprisals and military necessity.

• A divatszakmában dolgozó munkások védelmének helyzete

  105-129

  Dewan Afrina Sultana

  Views:

  385

  The global fashion industry is characterized by a dynamic and complex supply chain. Clothing products and footwear reach consumers through various brands, from developing countries to Western countries. The exploitation of workers at the bottom of the supply chain goes hand in hand with huge benefits for those at the top of the supply chain. Due to the lack of direct contact with workers, brand owners and resellers often ignore the abuse of workers ’rights in the production of their products. Labor law rules alone are not enough to improve working conditions and ensure the rights of workers in the fashion industry. Brand owners and resellers have a vital role to play in changing their working conditions. By incorporating “soft law” solutions such as the UN Business and Human Rights Guidelines and the Organization for Economic Co-operation and Development’s Screening Guide, responsible business conduct can be achieved. Incorporating voluntary initiatives into the business behaviors of brand owners and resellers has a significant impact on improving employee rights. In this study, I assess how the 2016 Transparency Draft has affected the protection of workers in the global fashion industry, how much the inclusion of Transparency and Sustainable Development Goals has improved the situation of exploitation of workers. The ILO regularly examines the issue through its analysis of human rights reports.

• The Constitutional Obstacles before the Promulgation of the Rome Statute

  45-59

  Marco Pesci

  Views:

  368

  July 17, 1998, can be considered as one of the most important milestones of the international judicial structure: it is the day when the Rome Statute of the International Criminal Court was adopted by 120 states out of 148. Article 86 of Statute explicitly states that „States Parties shall […] cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.” As in the case of every international treaty, the principle of pacta sunt servanda enshrined in Article 26 of the 1969 Vienna Convention on the Law of the Treaties states applies, which explicitly states that “every treaty in force is binding upon the parties to it and must be performed by them in good faith.” As has been pointed out by the Permanent Court of International Justice, contracting states must make all the necessary internal measures which are required to fulfil its international obligations rising from a binding treaty. One could ask, why is this quite obvious argument important in the case of Hungary? Well, Hungary has ratified the Statute but still has not implemented it in its internal legislation. This can be considered as a serious constitutional omission, since if the Court would require the cooperation of Hungary – e.g. in the case of an arrest warrant – and it would not be able to fulfil it because of the lack of the internal legal norms, it would be considered as international legal responsibility of Hungary. In this article, I try to explore the reasons behind this omission and outline the possible solutions.