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AKSENOVA, Marina

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AKSENOVA
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    Publication
    Open Access
    Complicity in international criminal law
    (2014, Thesis) 
    Florence : European University Institute, 2014 - EUI; LAW; PhD Thesis
    Complicity is a criminal law doctrine that attributes responsibility to those who do not physically perpetrate the crime. It is an essential mode of liability for core international crimes because it reaches out to senior political and military leadership. These persons do not usually engage in direct offending, yet in the context of mass atrocities they are often more culpable than foot soldiers. The Statutes of the ad hoc tribunals, hybrid courts and the International Criminal Court expressly provide for different forms of complicity, and domestic legal systems recognize it in one form or another. This is in contrast with alternative modes of liability implied from the Statutes to address the situations with multiple accused removed from the scene of the crime / (in)direct co-perpetration, extended perpetration and the joint criminal enterprise.
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    Open Access
    Of victims and villains in the fight against international terrorism
    (2017, Article) 
    European journal of legal studies, 2017, Vol. 10, No. 1, pp. 17-38
    Producing a satisfactory international definition of terrorism requires the resolution of a number of problems. I argue that one of the biggest challenges stems from the incompatibility of the offence of terrorism and the traditional roles assigned by the criminal justice system to victims, offenders and mediators. The usual paradigm embodies values formed over time and collectively shared by society. As a result, offenders are the 'villains' in the eyes of the community for violating the agreed norms, victims suffer evident harm on an individual basis and courts together with the law enforcement agencies serve as legitimate mediators in the conflict by administering justice on behalf of the public. These roles are, however, often reversed or mixed up in the fight against terrorism. Because of the preventative focus of the laws tackling the problem, terrorist suspects become the new 'victims' if they are tortured, banned from entering a country or mistreated in other ways, executive agencies sanctioning these practices become the new 'villains', and those harmed by the attacks involuntarily become the new 'mediators' because their suffering is intended to transmit a certain message to the rest of the world. The uncertainty about the roles within domestic law, in turn, reduces the possibility of creating a viable international formula defining terrorism.
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    Publication
    The task of regional and international courts in guarding constitutionalism and human rights
    (2016, Contribution to book)  ; 
    Martin SCHEININ, Helle KRUNKE and Marina AKSENOVA (eds), Judges as guardians of constitutionalism and human rights, Cheltenham ; Northampton : Edward Elgar Publishing, 2016, pp. 352-369
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    Publication
    Complicity in international criminal law
    (2016, Book) 
    Portland : Hart Publishing, 2016, Studies in international law, V. 15
    This book tackles one of the most contentious aspects of international criminal law – the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion.
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    Publication
    Art, aesthetics and international justice
    (2025, Book) 
    Abingdon ; New York : Routledge, 2025
    This book demonstrates that art is implicit in the process of administration of international justice. The diverse nature of recent global threats as well as an overwhelming pull towards isolationism and nationalism challenge the dominant deterrence paradigm of international governance created in the aftermath of the Second World War. An alternative model is to focus on cooperation, and not deterrence, as a guiding operational principle. This volume focuses on the theoretical component linking justice with aesthetics as well as on the practical manifestation of such connection evident, inter alia, in the rhetoric of international courts, their architectural design and their commemorative practices expressed by the practice of symbolic reparations adopted by some of the courts. The underlying premise of the book is that international justice requires new vocabulary and new approaches, which can be derived from the study of aesthetics. It is held that exploring the aesthetical dimension of international justice contributes to the discussion on the foundations of its authority and the grounds for compliance with it. The work engages deeply with the theory of aesthetics developed by Immanuel Kant and Abhinavagupta, a Kashmiri critic, philosopher and scholar writing in the early eleventh century. The book will be of interest to academics and researchers working in the areas of Legal Philosophy, International Criminal Justice and International Law and International Relations.