Presentation of the Research group iCrim International Crime and - - PDF document

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Presentation of the Research group iCrim – International Crime and Criminal Law Research, Faculty of Law, University of Copenhagen January 2018 History The research group was established in 2009 at the initiative of Professor Jørn Vestergaard together with a group of young scholars dedicated to research spanning across international criminal law, European criminal law, international human rights law, Danish criminal law and criminology. Staff The research group is presently managed by three tenured staff members:

• Professor of Criminology Keith Hayward,
• Associate Professor of Criminal Law Iryna Marchuk, and
• Professor of Criminal Law Jørn Vestergaard.

Professor Hayward joined the group after he was employed by the Faculty in spring of 2016, having previously worked at the University of Kent, UK. Postdoctoral researcher Artur Appazov is also part of iCRIM and is currently working on a two- year project entitled “Cybercrime: Criminal Law and the Challenges of the Digitalization Age” funded by the Carlsberg Foundation. In addition, Iryna Marchuk is currently supervising PhD scholar Aloka Wanigasuriya who is writing her PhD thesis on the local impact of the International Criminal Court by conducting empirical research in two selected countries, in which the ICC Prosecutor chose to get ahead with investigation. Also, a couple of scholars from some of the Faculty’s research centers are affiliated with the group and participate in its activities. Obviously, as a scholarly community the research group is a somewhat small entity. Despite its modest size it has a number of important functions as an organizational framework dealing with a range of important topics and issues which are not otherwise covered at the University of

• Copenhagen. Among the members, the group serves as an inspirational hub for sharing information

and developing ideas for research and educational activities. The group is actively engaged in research and educational activities, including organizing seminars and major conferences and

• ffering specifically tailored PhD courses.

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Management functions at the Faculty of Law Working alongside the Dean, Keith Hayward serves as the Faculty of Law’s representative on the ‘Crime and Social Control group’ of the League of European Research Universities (LERU). Iryna Marchuk served as the Head of the Faculty’s PhD School and Research Education from July 2013 to January 2016. Currently, she is in charge of the Faculty’s undergraduate and graduate courses in the field of international criminal law. Jørn Vestergaard is in charge of the Faculty’s undergraduate and graduate courses within the field

• f criminal law and criminal procedure.

Jørn Vestergaard served as the Faculty’s Vice Dean and as member of various boards and committees from 2006 to 2014. He previously served as Director of Studies and head of the Institute for Criminology and Criminal Law. Research topics Within the legal field, the research group is particularly active in the following research areas:

• international and transnational crimes and their prosecution in international and national courts
• international criminal procedure and evidence
• domestic criminal law, criminal procedure and corrections
• law of cybersecurity
• interaction between international criminal law and international humanitarian law, public

international law and human rights law

• European criminal law, harmonization and mutual recognition, European Arrest Warrant, prevention
• f radicalization and terrorism
• comparative criminal law
• transitional justice

Within the field of criminology, the research group is particularly active in the following research areas:

• criminological theory
• radicalization, extremism and the ‘terrorism-crime nexus’
• cultural criminology
• spatial and environmental criminology
• youth crime
• urban crime, urban space, architecture and crime
• documentary criminology and other forms of visual criminology

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PhD education Within the framework of the research group, a number of PhD scholars have successfully completed their doctoral dissertations under the academic supervision of Jørn Vestergaard:

• Miriam Cullen: Competing Imperatives: The United Nations Security Council and International
• Justice. Completed 2017.
• Sabba Mirza: Æresrelaterede forbrydelser (Honor related crimes). Completed 2017.
• Artur Appazov, “Evidentiary Reliability in Admissibility of Expert Evidence in International

Criminal Proceedings”, completed 2014.

• Louise Victoria Johansen: Straffesagers forløb i lyset af tiltaltes sociale og personlige baggrund

(Criminal processes in the light of pre-sentencing reports). Completed 2012.

• Jakob Schiøler: Fuldbyrdelse af fængselsstraf (Execution of imprisonment). Completed 2011.
• Iryna Marchuk, “Reconciliation of Major Legal Systems Under the Umbrella of International

Criminal Law : A Study on the Law on Mens Rea”, completed in 2011.

The members of the group have organized a number of PhD courses at the Faculty of Law:

• JurForsk Conference “Doctoral Education in Law: Perspectives and Challenges”, Danish Legal

Research Education Program, 9-10 November 2016 (organized by Iryna Marchuk).

• “Introduction to Academic Legal Writing” in cooperation with JurForsk, Danish Legal Research

Education Program, 29 March-2 April 2016 (organized by Iryna Marchuk).

• “Introduction to Methodology and Research Methods in Law”, 9-10 November 2015 (organized by

Iryna Marchuk).

• “European Criminal Justice – Trends and Research Methodology”, 1-2 October 2015 (organized by

Jørn Vestergaard).

• Course in PhD Supervision in cooperation with the Faculty of Social Sciences, 22 May 2015 & 8

June 2015 (co-organized by Iryna Marchuk).

• “Introduction to Academic Legal Writing”, 4-5 November 2014 (organized by Iryna Marchuk).
• “Introduction to Methodology and Research Methods in Law”, 20-21 October 2014 (organized by

Iryna Marchuk).

• “Research Methods and trends in International Law and Justice”, 24-25 October 2013 (organized

by Iryna Marchuk & Jørn Vestergaard).

Seminars and roundtables The research group stages a number of lunch seminars for students, faculty members, and other interested parties. Among the subjects for recent seminars have been the following:

• “Investigating and prosecuting International Crimes and Alternative Justice Mechanisms” (guest

PhD fellow Jacopo Roberti di Sarsina, University of Trento)

• “Etiology of International Terrorism” (Postdoc Marina Aksenova & Keith Hayward)
• “Foreign Terrorist Fighters” (Jørn Vestergaard & Keith Hayward)
• “Cybercrime” (Postdoc Artur Appazov)
• “Conflict Resolution in Ukraine: Moving From a Dead Point” (Iryna Marchuk)

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Major Conferences

• “Terrorism, Crime, Culture”, 5-6 October 2017 (organized by Keith Hayward):

http://jura.ku.dk/english/calendar/2017/terrorism-crime-culture/

• “European Criminal Law and Justice – Problems and Prospects”, 30 September 2015 (organized by

Jørn Vestergaard): http://jura.ku.dk/icrim/english/calendar/european-criminal-law-and-justice/

These international conferences had papers presented by leading international researchers and were attended by scholars as well as state officials and civil society representatives, thereby bringing researchers and practitioners and other relevant parties in closer contact and heightening the knowledge level for both. Both conferences had more than 100 participants. External funding Artur Appazov: After submitting his PhD thesis in 2016 on Expert Evidence in International Criminal Justice, Artur Appazov moved on to the area of cybercrime and succeeded in obtaining a postdoctoral fellowship from the Carlsberg Foundation. In 2016 he was nominated and became a runner up for a five year interdisciplinary Pro Futura Scientia Scholarship supported by the Swedish Riksbankens Jubileumsfond. The focus of his research is currently on effective regulation and

• rdering of social behaviour in the digital environment.

Selected publications 2016-2018 Keith Hayward:

Hayward, K. J. (2018) Cultural Criminology, (Four volume edited collection) Critical Concepts in Criminology Series (London: Routledge). Ferrell, J and Hayward, K. J (2018) ‘Cultural criminology continued’, in P. Carlen and L. Ayres França (eds) Alternative Criminologies, London: Routledge. Hayward, K. J (2017) ‘Documentary criminology: a cultural criminological introduction’, in M. Brown and

• E. Carrabine (eds) Routledge International Handbook of Visual Criminology, Abingdon: Routledge.

Hayward, K. J and Ilan, J (2017) ‘Cultural criminology’, in A. Brisman, E. Carrabine, and N. South (eds) The Routledge Companion to Criminological Theory and Concepts, London: Routledge. Ferrell, J and Hayward, K. J (2017) ‘Cultural criminologia continued’, in P. Carlen and L. Ayres França (eds) Criminologias Alternativas, Porto Alegre: Canal Cien Criminais. Ferrell, J and Hayward, K. J and Brown, M (2017) ‘Cultural Criminology’, in M. Brown (ed) The Oxford Research Encyclopaedia of Crime, Media, and Popular Culture, Oxford: Oxford University Press. Hayward, K. J and Smith, O (2017) ‘Crime and consumer culture’, in The Oxford Handbook of Criminology,

• A. Liebling, S. Maruna, and L. McAra (eds) Sixth Edition, Oxford: Oxford University Press.

5 Herzog, L. and Hayward, K. J. (2016) International Boundaries in a Global Era: Cross-Border Space, Place and Society in the Twenty-First Century, London: Routledge. Hayward, K. J. (2016) ‘Cultural criminology: script rewrites’, Theoretical Criminology, 20(3) 297-321. Hayward, K. J (2016) ‘The future of (spatial) criminology and research into public space’, in M de Backer,

• L. Melgaco, G. Verna and F. Menichelli (eds) Order and Conflict in Public Space, Abingdon: Routledge.

Iryna Marchuk:

Marchuk, Iryna, No Crimes Against Humanity During the Maydan Protests in Ukraine? Or the ICC Prosecutor’s Flawed Interpretation of Crimes Against Humanity? Boston University International Law Journal, 35(1): 2017, 39-68. Marchuk, Iryna And Aksenova, Marina, The Tale of Yukos and of the Russian Constitutional Court’s Rebellion against the European Court of Human Rights. Osservatorio costituzionale, Associazione Italiana dei Costituzionalisti (AIC), 6 April 2017, available at http://www.osservatorioaic.it/the-tale-of- yukos-and-of-the-russian-constitutional-court-s-rebellion-against-the-european-court-of-human- rights.html Marchuk, Iryna, On the Quality Control of the ICC Prosecutor’s Preliminary Examination Into the Situation

• f Ukraine in Carsten Stahn and Morten Bergsmo, Quality Control in Preliminary Examination:

Reviewing Impact, Policies and Practices 2017 (forthcoming) https://www.cilrap.org/events/170613-14- the-hague/ Marchuk, Iryna, Disclosure in the International Criminal Court: in A Klip & S Freeland (red), Annotated Leading Cases of International Criminal Tribunals (ALC), 50. Intersentia Uitgevers N.V. 2017. Marchuk, Iryna And Wanigasuriya, B. Aloka, Commentary on Article 76 Rome Statute’ in Mark Klamberg et al. (eds), Commentary on the Law of the International Criminal Court (CLICC) (2017), available at https://www.casematrixnetwork.org/cmn-knowledge-hub/icc-commentary-clicc/ Marchuk, Iryna, Ukraine and the International Criminal Court: Implications of the Ad Hoc Jurisdiction Acceptance and Beyond, Vanderbilt Journal of Transnational Law, 49(2): 2016, 323-370. Blog posts (peer-reviewed): Marchuk, Iryna, Reflecting on The Potential of the Unitary Form of Perpetration In International Criminal Law: A Danish Example, Symposium on the Unitary Form of Perpetration, available at http://jamesgstewart.com/ Marchuk, Iryna, Ukraine’s Dashed High Hopes: Predictable and Sober Decision of the ICJ on Indication of Provisional Measures in Ukraine v Russia (EJIL: Talk! 24 April 2017) available at https://www.ejiltalk.org/ukraines-dashed-high-hopes-predictable-and-sober-decision-of-the-icj-on- indication-of-provisional-measures-in-ukraine-v-russia/ Marchuk, Iryna, Flexing Muscles (Yet Again): The Russian Constitutional Court’s Defiance of the Authority

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the ECtHR in the Yukos Case (EJIL: Talk! 13 February 2017) available at http://www.ejiltalk.org/flexing-muscles-yet-again-the-russian-constitutional-courts-defiance-of-the- authority-of-the-ecthr-in-the-yukos-case/comment-page-1/

6 Marchuk, Iryna, Ukraine Takes Russia to The International Court of Justice: Will It Work? (EJIL: Talk! 26 January 2017) available at https://www.ejiltalk.org/ukraine-takes-russia-to-the-international-court-of- justice-will-it-work/ Marchuk, Iryna, Ukraine and the International Criminal Court, the Vanderbilt Journal of Transnational Law (Blog of the Vanderbilt Journal of Transnational Law, 20 December 2016) available at https://wp0.its.vanderbilt.edu/jotl/2016/12/blog-post-2/

Jørn Vestergaard:

Vestergaard, Jørn: Straffeproces – grundlæggende træk af dansk strafferetspleje, 1. ed. [Criminal Procedure], København 2017. ISBN 978-87-13-05079-6 (259 pages). Vestergaard, Jørn: Strafferetlige sanktioner, 2. ed. [Criminal Sanctions], København 2017. ISBN 978-87-13- 05064-2 (234 pages). Vestergaard, Jørn: Pre-active Anti-terrorism Legislation: The Case of Denmark. Scandinavian Studies in Law, Vol. 60, Stockholm 2015, pp. 407-424. ISBN 978-91-85142-74-3. ISSN 0085-5944. Vestergaard, Jørn: Foreign Terrorist Fighters – De-Radicalisation and Inclusion vs Law Enforcement and Corrections in Denmark. In The Needed Balances in EU Criminal Law, The Past, The Present and the Future Hart Publishing, 2017. ISBN 978-15-099-1700-6. Vestergaard, Jørn: EU-strafferetten og individets grundlæggende rettigheder, [EU criminal law and fundamental rights]. Tidsskrift for Kriminalret 4/2016, 429 ff. Vestergaard, Jørn: Ungdomssanktioner – »socialpædagogisk behandling med et element af fastholdelse«. [Youth sanctions], In KRIM 50 års kriminalpolitik, 2017, pp. 44-64. ISBN 978-87-928-4155-1. Vestergaard, Jørn: Internationale, europæiske og danske regler om fremmedkrigere i terroristers tjeneste. [International, European and Danish rules on foreign fighters], Mod og mening. 2016, pp. 527-554. ISBN 978-87-574-3677-8. Vestergaard, Jørn: Strafbare agentanklager – om akademisk frihed, journalistisk frihed og ytringsbegrænsninger. [The rules on criminal accusations regarding secret agent activities]. In Festskrift til Jens Peter Christensen, 2016, pp. 549-566. ISBN 978-87-574-3544-3. Vestergaard, Jørn: Strafferettens påvirkning fra det europæiske Charter om grundlæggende rettigheder – strejftog i et uvejsomt landskab. [Criminal law influence by the European Charter on Fundamental Rights]. In EU’s Charter – i et menneskeretligt krydsfelt, 2016, pp. 133-183. ISBN 978-87-574-3543-6. Vestergaard, Jørn: Fremmedkrigere i terroristers tjeneste – internationale, europæiske og danske regler om foreign terrorist fighters. [Foreign Fighters – international, Eudopean and Danish rules]. In Robust mandat – juridiske udfordringer ved danske militære missioner, 2016, pp. 371-418. ISBN 978-87-574- 3417-0. Vestergaard, Jørn: Forfejlet kritik af Menneskerettighedsdomstolen – EMRK’s betydning i udleveringssager. [Fundamental rights and the European Arrest Warrant]. Politikens kronik 31.10.2017 (newspaper article). Vestergaard, Jørn: Forholdet mellem lovgivningsmagten og domstolene. [The relation between the legislature and the judiciary], Altinget 28.05.2017 (newspaper article).

7 Vestergaard, Jørn: Ungelavalder og ungdomskriminalitetsnævn – nedsættelse af den kriminelle lavalder ad bagvejen? [The age of criminal responsibility], Advokaten nr. 10, 2017, pp. 41-45 (lawyers’ journal).

Participation in academic networks Keith Hayward:

• Member ‘Urban Environments Network’, University of Melbourne, Australia, May 2016-present
• Member of the International Advisory Board, The Teesside Centre for Realist Criminology, Teesside

University, UK, September 2013-present.

• Board Member of the Nordic Research Network for Narrative Criminology, 2013-present.

http://www.jus.uio.no/ikrs/english/research/projects/networkfornarrativecrim/index.html

Iryna Marchuk:

• Member of ESIL
• Member of ASIL
• Member of AIDP

JørnVestergaard:

• Member of Management Committee and national contact point for European Criminal Law

Academic Network, ECLAN

• National contact point for International Association of Penal Law, AIDP

External functions Keith Hayward (all current positions):

• Member ‘Researcher Network on Prevention of Extremism’, Danish Ministry for

Immigration and Integration, Denmark, July 2016-present.

• Adjunct Professor, Queensland University of Technology, School of Justice, Brisbane,

Australia, July 2013-present.

• Research Associate, The Research Center on Violence at West Virginia University, USA,

June 2014-present

• Visiting Professor, Pontifícia Universidade Católica do Rio Grande do Sul, Porto Alegre,

Brazil, September 2012-present.

• International Advisory Board Member, British Journal of Criminology, August 2016 -

present.

• Associate Board member for the journal Crime, Media, Culture (Sage Publications),

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• Editorial Board, Law, Crime, Justice and Society, September 2014-present
• Member of the International Advisory Board for the Australian and New Zealand Journal of

Criminology, 2009-present.

• Member of the International Advisory Editorial Board for The International Journal for

Crime, Democracy and Justice, February 2013-present.

• Member of the International Advisory Editorial Board for Critical Criminology, April 2013-

present. Iryna Marchuk:

• Member of the Danish Legal Research Education Program JurForsk (representing the

Faculty of Law, University of Copenhagen) (2014-present)

• Member of bibliometric analysis group (BFI gruppe) within the field ‘Law’ (2016-present)

JørnVestergaard:

• Member of the board for the Danish Judiciary Administration
• Member of The Danish Bar Association’s Center for Law and Justice
• Member of the board for The Danish Institute for Human Rights

Keith Hayward Jørn Vestergaard Iryna Marchuk

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Status for the research group iCrim Impact of research As demonstrated by the list of publications and the list of seminars and conferences, the group’s few members are able to significantly serve a national as well as a vast international audience. The group’s tenured members participate actively in international scholarly networks and often presents papers at international conferences. The group’s members all contribute actively to qualifying professional decision-making within the spheres of national or international courts and justice administration. All PhD thesis completed within the framework for the research group have been published by good publishing houses or are forthcoming. Interdisciplinary activities The research group iCrim provides opportunities for networking and collaboration among scholars with an interest in a variety of topics within the intersection between law and social science. The

• utcome can mainly be manifested in the above mentioned seminars, courses and conferences. Due

to the group’s small scale existence and the fact that Professor Keith Hayward just recently joined the group, the full potential for interdisciplinary activities has so far not been fulfilled. Research-based educational activities The research group’s tenured staff members all contribute to the Faculty’s educational activities on the basis of their personal research accomplishments.

• Keith Hayward teaches the graduate course ‘Criminological Theory’ based on his extensive

research in this area. He is also one of the editors of the UK’s leading undergraduate criminology textbook (Hale, C, Hayward, K. J, Wahidin, A and Wincup, E. (2013) Criminology, Oxford: Oxford University Press), now in its Third Edition.

• Iryna Marchuk teaches ‘International Criminal Law and Procedure’ on the basis of her own

extensive research and practical experience within the field of ICL.

• Jørn Vestergaard has published three of the four textbooks on the basis of which the mandatory

course in criminal law is taught. Furthermore, the elective courses in criminal procedure are taught

• n the basis of one of his books, and several of his articles are used for the graduate course on

international terrorism.

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Outreach and collaboration with external agencies and parties Obviously, the topics dealt with by the members of the research group are of utmost interest for society, domestically as well as internationally, and the group’s scholars are very active in disseminating the results of their work in many ways to relevant parties, including academia, public agencies and civil society. The interaction with external parties also facilitates the gathering of information regarding current issues of societal interest. Iryna Marchuk is an active contributor to the most read blog on international law EJIL:Talk! and

• ften gives interviews to public media regarding controversial cases before international courts, as

well as offers her expert opinion on the subject of international crimes and criminal liability. In 2017, Iryna advised the International Bar Association on mass atrocity crimes in Ukraine and currently cooperates with the Ukrainian Helsinki Human Rights Union in the areas of international criminal justice and public international law. Keith Hayward serves as a member of both the Danish Ministry for Immigration and Integration’s ‘Network on Prevention of Extremism’ and the League of European Research Universities (LERU) ‘Crime and Social Control group’. He is also a regular contributor to the media and has acted as an advisor for several TV and radio programmes on crime and culture. Since arriving in Denmark his research has been featured in Weekendevisen and the Financial Times. Jørn Vestergaard represents the University of Copenhagen as a member on the boards of the Danish Judiciary Administration, the Bar Association’s Center for Law and Justice and The Danish Institute for Human Rights. He is regularly called upon as an expert by the Danish Parliament’s Judiciary Committee (Folketinget Retsudvalg), and he is by far the most frequently cited Faculty scholar in the media. 23-01-2018, Faculty of Law, University of Copenhagen Keith Hayward, Iryna Marchuk & Jørn Vestergaard