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20 Crim. L.F. 1 (2009)

handle is hein.journals/crimlfm20 and id is 1 raw text is: Criminal Law Forum (2009) 20:1-51 © Springer 2009 DOI 10.1007/s 10609-008-9092-7 JOSEPH RIKHOF* FEWER PLACES TO HIDE? THE IMPACT OF DOMESTIC WAR CRIMES PROSECUTIONS ON INTERNATIONAL IMPUNITY Ending impunity by perpetrators of crimes of concern to the international community is a necessary part of preventing the recurrence of atrocities.1 I INTRODUCTION This article examines current trends in the domestic arena to achieve a higher level of accountability for international crimes. After examining the historical and international context, this essay looks at several mechanisms, which have been utilized to accomplish this goal. It examines how countries have adjusted their legislation to ensure that it is possible to prosecute international criminals2 especially in * Senior Counsel, Crimes against Humanity and War Section, Department of Justice and Part-time Professor, International Criminal Law, University of Ottawa. The opinions expressed in this article are of the author and do not necessarily represent the positions of the Department of Justice or the government of Canada. The author wish to thank Emily Dwyer for the research carried out for this article. Chautauqua Declaration, signed by the prosecutors of the Nuremberg Interna- tional Military Tribunal, the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the Sierra Leone Special Court and the Extraordinary Chambers of the Courts of Cambodia, August 29, 2007; see http://www.asil.org/chaudec/indexfiles/frame.htm. 2 This paper is limited to criminal prosecutions, including processes leading up to prosecutions, such as extradition, although other remedies with respect to the commission of war crimes, crimes against humanity and genocide are also being employed in a number of countries. In the United States, the Center for Justice and Accountability (CJA) has sued 16 individuals from 10 countries in civil courts for damages under the Alien Tort Statute (ATS) and the Torture Victim Protection Act (TVPA); for more information, see http://www.cja.org/cases/cases.shtml). In addi- tion, a number of asylum and immigrant receiving countries have used the 1951 Refugee Convention and it domestic immigration legislation to refuse refugee status or deported perpetrators of international crimes; see for instance results in this area in Canada in the Ninth Annual Report of its War Crimes Program

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