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Elco, Urlialy, Josina Augustina Yvonne Wattimena und Popi Tuhulele. „Pelanggaran Hak Asasi Manusia Terhadap Anak-Anak Dan Pertanggungjawabannya Menurut Hukum Internasional“. TATOHI: Jurnal Ilmu Hukum 3, Nr. 9 (26.12.2023): 878. http://dx.doi.org/10.47268/tatohi.v3i9.1950.
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Introduction: A total of 169 of the total 181 ILO member states have ratified Convention No. 182 since its adoption in 1999. This means that these countries have committed to take immediate and effective action to prohibit and eliminate all forms of worst child labour. One of the ILO member countries that are committed is the Philippines.Purposes of the Research: The purpose of this study is to analyze and find out that human rights violations against children in the Philippines can be classified as crimes against humanity, to analyze and determine the responsibility of the perpetrators according to international law and, as one of the requirements in completing studies at the law faculty.Methods of the Research: The method used is a normative juridical research method with an analytical descriptive type, a process to find rules, principles, and legal doctrines in order to answer the legal information at hand.Results of the Research: The results showed that Human Rights Violations in the Philippines can be classified as human crimes because the types of crimes that can be classified as crimes against humanity, are: murder, extermination, slavery, deportation, exploitation and other inhumane acts committed against the civilian population, or persecution. on political, racial or religious grounds in the commission of or in connection with crimes within the jurisdiction of the Court. Because exploitation is a type of crime that can be qualified as a crime against humanity, the Human Rights Violations in the Philippines can be classified as human crimes. Perpetrators of sexual exploitation of children in the Philippines can be held accountable under international law because in international law perpetrators of sexual exploitation of children have violated human rights, especially regarding the Convention on the Rights of the Child. In addition, the Philippines has established special rules regarding human trafficking as stipulated in the Republic of Indonesia Law Number 9208 or known as the Anti-Trafficking Law in 2003.
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Rakhmawati, Neni. „International Criminal Court Jurisdiction Against Human Rights Violations by Philippine President After Withdrawal from Rome Statute“. Semarang State University Undergraduate Law and Society Review 3, Nr. 1 (20.01.2023): 91–108. http://dx.doi.org/10.15294/lsr.v3i1.57091.
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Rodrigo Duterte who has ordered the police to execute drug addicts who do not want to be arrested. However, the assailant was still shot despite surrendering to arrest, the police on behalf of the anti-drug unit went to people's homes and did so because of the policy of "who gets killed, the police get paid". The crime that has been committed by Rodrigo Duterte under ICC jurisdiction is giving orders. to the police and the public to carry out extrajudicial killings of individuals involved in narcotics and to protect those who carry out their orders, so that Rodrigo Duterte is judged guilty and responsible in accordance with Article 25 paragraph 3 (b), (c), (d) the Rome Statute Crimes against humanity are among the criminal jurisdictions of the ICC. Although the Philippines withdrew from the Rome Statute, it did not prevent the International Criminal Court (ICC) from reviewing the case involving Philippine President Rodrigo Duterte. The Rome Statute provides for withdrawals, in particular article 127 , paragraphs (1) and (2) of the 1998 Rome Statute.
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Jasmine Yogaswara, Aisyah. „IMPACT OF PHILIPPINES’ WITHDRAWAL FROM INTERNATIONAL CRIMINAL COURT ON CRIME AGAINST HUMANITY INVESTIGATION IN PHILIPPINES“. Padjadjaran Journal of International Law 4, Nr. 2 (12.04.2021): 226–46. http://dx.doi.org/10.23920/pjil.v4i2.413.
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Abstract
Rodrigo Roa Duterte is the incumbent president of the Philippines who was inaugurated on June 30th 2016 and initiated the War on Drugs Operation to eradicate drug abuse in the Philippines one day after his inauguration. The operation gave authorization to the members of Philippines National Police to ‘neutralize’ or kill suspects of illegal drugs dealers and users. The operation also related to other crime such as rape, imprisonment, and torture. The crimes are committed as part of a widespread and systematic attack directed against the civilian population as therefore it can be qualified as crimes against humanity. Philippines’ status as a state party to Rome Statute gives ICC the chance to prosecute Philippines’ nationals if they committed crimes against humanity. However, after the ICC Prosecutor initiated preliminary examination on the related case, Philippines deposited its instrument of withdrawal from the Rome Statute. The purpose of this research is to find out the legal effect of Philippines withdrawal toward ICC’s process of preliminary examination, investigation, and trial, and whether ICC have any jurisdiction over crimes against humanity that is committed after Philippines’ withdrawal becomes effective.
Keywords: Crimes Against Humanity, International Criminal Court, Rome Statute
Abstrak
Rodrigo Roa Duterte menjabat menjadi Presiden Filipina pada tanggal 30 Juni 2016 dan memulai operasi pemberantasan narkotika yang disebut War on Drugs Operation sehari setelahnya. Operasi tersebut memberikan izin bagi Polisi Nasional Filipina untuk melakukan penembakan di tempat atas tersangka pengguna dan pengedar narkotika. Selain itu, terdapat kejahatan lain terkait operasi tersebut di antaranya pemerkosaan, penyiksaan dan penahanan tanpa proses hukum. Kejahatan-kejahatan tersebut dilakukan secara meluas, sistematis dan ditujukan pada populasi sipil yang menjadikannya dapat dikualifikasikan sebagai kejahatan terhadap kemanusiaan. Status Filipina sebagai negara pihak dalam Statuta Roma menjadikan ICC memiliki kewenangan untuk mengadili warga negara Filipina yang melakukan kejahatan terhadap kemanusiaan. Namun, setelah Jaksa Penuntut ICC memulai pemeriksaan pendahuluan atas War on Drugs Operation, Filipina melakukan penarikan diri dari Statuta Roma. Tujuan dari penulisan tugas akhir ini adalah untuk mengetahui bagaimana pengaruh penarikan diri Filipina dari Statuta Roma terhadap pemeriksaan pendahuluan yang sedang dilakukan dan apakah ICC memiliki yurisdiksi atas kejahatan terhadap kemanusiaan yang masih terjadi di Filipina pasca penarikan dirinya berlaku efektif.
Kata kunci: Kejahatan Terhadap Kemanusiaan, Mahkamah Pidana Internasional, Statuta Roma
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Sirait, Timbo Mangaranap. „The dispute between national jurisdiction and the international criminal court for extraordinary and humanity crimes“. South Florida Journal of Development 4, Nr. 8 (17.11.2023): 3316–25. http://dx.doi.org/10.46932/sfjdv4n8-027.
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Where there is society there is law (Ubi Societas Ibi Ius), and when drug crime as an "extraordinary crime" claimed more than 4 million victims (2016) in the Philippines, then President Duterte according to national criminal law declared "War on Drugs Operation", and as a result the perpetrators of crimes died 12,000 people, however, Duterte was instead considered a perpetrator of crimes against humanity (extrajudicial killing) by the International Criminal Court (ICC). Research Methods with Normative Juridical through literature study, and according to the formulation of the problem raised, it was found and concluded that, First, the authority of the Philippines to make a policy of "War on Drugs Operation" tackling extraordinary drug crimes in a reflexive manner with the principle of legality of Article 9 Republic Act 9145 is a lawful policy, Second, in legal jurisdictional disputes, then as long as the enforcement of the national law is carried out based on the applicable criminal law, then the justice that must be put forward is justice in national law, in this case the ICC actually has to reform the law in the Rome Statute because there is still a void in the norms governing such jurisdictional disputes.
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Dewi, Chloryne. „ICC and ASEAN: Weakening or Strengthening National Criminal Justice System?“ PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, Nr. 02 (August 2019): 407–26. http://dx.doi.org/10.22304/pjih.v6n2.a10.
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The objective of the establishment of the International Criminal Court by the Rome Statute 1998 is to achieve global justice. The spirit to end impunity established the ICC to respond to four previous criminal tribunals that have been criticized as victor’s justice and selective justice. The ICC has material jurisdiction on the four most serious crimes: crimes against humanity, genocide, war crimes, and crimes of aggression. These crimes can be committed in any part of the world, including Southeast Asia. The latest case was crimes against humanity that lead to genocide of the Rohingya people in Myanmar, not to mention extra judicial killings as a policy of drugs war and towards journalist in the Philippines. However, none of the case has been brought to justice. In view of that, this study examined challenges and opportunities toward the implementation of Rome Statute 1998 in Southeast Asia. Furthermore, it also observed possible impacts in implementing Rome Statute 1998 in Southeast Asia. The existing national legal instruments related to ICC can support the implementation of Rome Statute 1998 in Southeast Asia and achieve the objective of ICC to end impunity and to reach global justice. Nevertheless, challenges come from the governments of Southeast Asian states. They are reluctant to bring justice and fear that ICC can violate national sovereignty. Interestingly, the Philippines just withdrew itself as a state party to ICC since 2018. Based on the basic principle of complementarity, the ICC is proposed to strengthening national criminal justice of a state. Therefore, the ICC should not be considered as a threat to national sovereignty of a state.
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Dewi, Chloryne. „ICC and ASEAN: Weakening or Strengthening National Criminal Justice System?“ PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, Nr. 02 (August 2019): 407–26. http://dx.doi.org/10.22304/pjih.v6n2.a10.
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The objective of the establishment of the International Criminal Court by the Rome Statute 1998 is to achieve global justice. The spirit to end impunity established the ICC to respond to four previous criminal tribunals that have been criticized as victor’s justice and selective justice. The ICC has material jurisdiction on the four most serious crimes: crimes against humanity, genocide, war crimes, and crimes of aggression. These crimes can be committed in any part of the world, including Southeast Asia. The latest case was crimes against humanity that lead to genocide of the Rohingya people in Myanmar, not to mention extra judicial killings as a policy of drugs war and towards journalist in the Philippines. However, none of the case has been brought to justice. In view of that, this study examined challenges and opportunities toward the implementation of Rome Statute 1998 in Southeast Asia. Furthermore, it also observed possible impacts in implementing Rome Statute 1998 in Southeast Asia. The existing national legal instruments related to ICC can support the implementation of Rome Statute 1998 in Southeast Asia and achieve the objective of ICC to end impunity and to reach global justice. Nevertheless, challenges come from the governments of Southeast Asian states. They are reluctant to bring justice and fear that ICC can violate national sovereignty. Interestingly, the Philippines just withdrew itself as a state party to ICC since 2018. Based on the basic principle of complementarity, the ICC is proposed to strengthening national criminal justice of a state. Therefore, the ICC should not be considered as a threat to national sovereignty of a state.
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Muthmainnah, Aisyah. „Extrajudicial Killing Dalam Kebijakan War on Drugs di Republic of Philippines: Melanggar Statuta Roma?“ Uti Possidetis: Journal of International Law 4, Nr. 1 (20.02.2023): 146–64. http://dx.doi.org/10.22437/up.v4i1.20028.
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This article aims to find out and analyze whether extrajudicial killings arising from the war on drug policy in the Philippines can be the jurisdiction of the International Criminal Court (ICC). This article uses juridical-normative research with a legislative, historical and conceptual approach. The act of extrajudicial killing due to the war on drug policy in the Philippines violates the provisions in the Rome Statute. The Philippines itself was a State Party of the Rome Statute although in the end the Philippines withdrew from the Rome Statute. However, this cannot change the jurisdiction of the ICC to conduct investigations into extrajudicial killings in the Philippines. Extrajudicial killing is a violation of human rights as stipulated in the Universal Declaration of Human Rights and related conventions. The act of extrajudicial killing due to the war on drug policy becomes the jurisdiction of the ICC under Article 7 paragraph 1 of the Rome Statute of 1998, namely crimes against humanity as part of murder. In establishing a crime the ICC uses elements of crimes. Therefore, extrajudicial killings that occur in the Philippines can be the jurisdiction of the ICC.
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McDougall, Gay J. „Addressing State Responsibility for the Crime of Military Sexual Slavery during the Second World War: Further Attempts for Justice for the “Comfort Women”“. Korean Journal of International and Comparative Law 1, Nr. 2 (2013): 137–65. http://dx.doi.org/10.1163/22134484-12340018.
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Abstract Between 1932 and the end of the Second World War, the Japanese Government and the Japanese Imperial Army forced over 200,000 women into sexual slavery in rape centres throughout Asia. The majority of the victims were from Korea, but many were also taken from China, Indonesia, the Philippines and other Asian countries under Japanese control. There has been no real redress for these injustices: no prosecutions of guilty perpetrators, no acceptance of full legal responsibility by the Government of Japan, and no compensation paid to the surviving victims. The present paper focuses primarily on the issue of state responsibility and the situation of the Korean survivors. The study concludes that Japan has a continuing legal liability for grave violations of human rights and humanitarian law, violations that amount in their totality to crimes against humanity. The study establishes, contrary to Japanese Government arguments, that (a) the crime of slavery accurately describes the system established by the rape centres and that the prohibition against slavery clearly existed as a customary norm under international law at the time of the Second World War; (b) that acts of rape in armed conflict were clearly prohibited by the Regulations annexed to the Hague Convention No. IV of 1907 and by customary norms of international law in force at the time of the Second World War; (c) that the laws of war applied to conduct committed by the Japanese military against nationals of an occupied state, Korea; and (d) that because these are crimes against humanity, no statute of limitations would limit current-day civil or criminal cases concerning the Second World War rape centres. The paper also refutes the argument that any individual claims that these women may have had for compensation were fully satisfied by peace treaties and international agreements between Japan and other Asian States following the end of the Second World War.
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Gallagher, Adrian, Euan Raffle und Zain Maulana. „Failing to fulfil the responsibility to protect: the war on drugs as crimes against humanity in the Philippines“. Pacific Review 33, Nr. 2 (31.01.2019): 247–77. http://dx.doi.org/10.1080/09512748.2019.1567575.
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Scholz, Sally J. „Crimes Against Humanity“. Journal for Peace and Justice Studies 19, Nr. 1 (2009): 97–100. http://dx.doi.org/10.5840/peacejustice200919124.
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Smith, Hazel. „CRIMES AGAINST HUMANITY?“ Critical Asian Studies 46, Nr. 1 (02.01.2014): 127–43. http://dx.doi.org/10.1080/14672715.2014.863581.
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Glyde, Tania. „Crimes against humanity“. Lancet 387, Nr. 10028 (April 2016): 1608. http://dx.doi.org/10.1016/s0140-6736(16)30207-0.
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May, Larry. „Crimes Against Humanity“. Social Theory and Practice 32, Nr. 1 (2006): 155–63. http://dx.doi.org/10.5840/soctheorpract20063217.
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Fine, Robert. „Crimes Against Humanity“. European Journal of Social Theory 3, Nr. 3 (August 2000): 293–311. http://dx.doi.org/10.1177/136843100003003002.
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May, Larry. „Crimes Against Humanity“. Ethics & International Affairs 20, Nr. 3 (September 2006): 349–52. http://dx.doi.org/10.1111/j.1747-7093.2006.00030.x.
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Rengger, N. J. „Crimes against humanity“. Civil Wars 2, Nr. 3 (September 1999): 96–99. http://dx.doi.org/10.1080/13698249908402417.
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Scheffer, David J. „War Crimes and Crimes against Humanity“. Pace International Law Review 11, Nr. 2 (01.09.1999): 319. http://dx.doi.org/10.58948/2331-3536.1236.
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deGuzman, Margaret M. „Defining Crimes Against Humanity“. African Journal of International Criminal Justice 6, Nr. 2 (Oktober 2020): 203–13. http://dx.doi.org/10.5553/aj/2352068x2020006002009.
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Evans, Gareth. „Crimes against humanity: overcoming indifference“. Journal of Genocide Research 8, Nr. 3 (September 2006): 325–39. http://dx.doi.org/10.1080/14623520600950070.
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Sadat, Leila Nadya. „Crimes Against Humanity in the Modern Age“. American Journal of International Law 107, Nr. 2 (April 2013): 334–77. http://dx.doi.org/10.5305/amerjintelaw.107.2.0334.
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Despite the promises made after World War II to eliminate the commission of atrocities, crimes against humanity persist with horrifying ubiquity. Yet the absence of a consistent definition and uniform interpretation of crimes against humanity has made it difficult to establish the theory underlying such crimes and to prosecute them in particular cases. In the 1990s, several ad hoc international criminal tribunals were established to respond to the commission of atrocity crimes,1 including crimes against humanity, in specific regions of the world in conflict. Building on this legacy, in 1998 a new institution—the International Criminal Court(ICC)— was established to take up the task of defining crimes against humanity and other atrocity crimes and preventing and punishing their commission.
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Gilbertson, Tristan. „War Crimes“. Victoria University of Wellington Law Review 25, Nr. 3 (02.10.1995): 315–44. http://dx.doi.org/10.26686/vuwlr.v25i3.6195.
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This article examines the status of crimes against humanity in New Zealand and international law at the time of the Second World War. It argues, on the basis of an historical examination of the laws and customs of war, that crimes against humanity were established in customary international law over 100 years before the War. This conclusion effectively eliminates any question of retroactive punishment of these crimes at Nuremberg and, by extension, more recent war crimes trials. The article then examines the status of crimes against humanity in New Zealand municipal law. It considers whether crimes against humanity form part of New Zealand law under the common law doctrine of incorporation or whether it would be necessary to legislate for trials for these crimes to take place here. The article concludes by suggesting the form any New Zealand legislation should take on the basis of a comparative analysis of war crimes legislation in other jurisdictions.
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Toma, M. G. „Crimes against humanity: concepts and signs“. Uzhhorod National University Herald. Series: Law 2, Nr. 81 (08.04.2024): 341–45. http://dx.doi.org/10.24144/2307-3322.2024.81.2.53.
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The relevance of the article is obvious because the terrible crimes committed by the Russian Federation on the territory of Ukraine shook not only Ukrainian society but also the whole world. Russian military personnel and their command commit large-scale and systematic attacks on the civilian population - brutal murders, torture, torture, rape, enslavement, extermination, deportations, imprisonment, the crime of apartheid and other illegal acts of a cruel nature directed against the people of Ukraine.
The relevance of the study is also related to the fact that the Criminal Code of Ukraine (hereinafter - the Criminal Code of Ukraine) does not contain a definition of crimes against humanity, unlike other crimes such as military or war crimes. We will try to figure out how the actions of criminals will be qualified by Ukrainian courts and who will be held criminally responsible at the international level in the event that crimes against humanity are committed in Ukraine.
«Crimes against humanity» as a separate group of crimes in international law was first reflected in the joint declaration of the governments of France, Great Britain and Russia on May 28, 1915 as a protest against the genocide committed by Turkey against the Armenian population. The result of the criminal events was the killing of more than a million people, prompting the international community to label this shameful act as a «crime against civilization and humanity» for which the leaders of the Turkish government should be held accountable.
Crimes against humanity are crimes designed to destroy the very nature of man. These crimes are considered the most heinous crimes, because they mean deliberate mass killings either by the fact of the very existence of people (crimes against humanity) or by the fact of belonging to an ethnic or national group (genocide).
In a number of international documents, such as: the Statute of the Nuremberg International Military Tribunal, article 6c; Charter of the International Military Tribunal in Tokyo, Article 5c; Law No. 10, adopted by the Control Council of the Allied Powers in Germany in 1945, Article II, 1c; UN Convention of December 9, 1948 on the Prevention of the Crime of Genocide and its Punishment; Statutes of international criminal tribunals for Yugoslavia, Art. 3-5 and Rwanda Art. 2-3; Statute of the International Criminal Court, Art. 7, such international crimes as crimes against humanity are reflected, from this it follows that universal jurisdiction extends to crimes against humanity.
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Olusanya, Olaoluwa Abiola. „Do crimes against humanity deserve a higher sentence than war crimes?“ International Criminal Law Review 4, Nr. 4 (2004): 431–73. http://dx.doi.org/10.1163/1571812043020060.
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AbstractThis article examines the issue of penalties for crimes against humanity and war crimes as imposed by the judges of the International Criminal Tribunal for the former Yugoslavia (ICTY). At the moment, if for example A murders B, C, and D in the course of an armed conflict, it appears to makes no difference in terms of penalties if he is ultimately convicted under crimes against humanity or war crimes, what appears to matter is the fact that he committed murder. This approach has the effect of obscuring the criminal intention and motives for war crimes and crimes against humanity. The main reason why the ICTY has persisted with this approach, is the fact that at present there appears to be no credible index for adopting a policy of relative sentencing for crimes against humanity and war crimes. The aim of this Article therefore is to advocate a method for imposing higher penalties for crimes against humanity vis-à-vis war crimes. Furthermore, this method will rely on the argument that crimes against humanity offences e.g. murder, rape and torture when committed with a discriminatory motive should attract higher penalties than identical offences when committed as war crimes.
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Tladi, Dire. „Crimes against humanity as a peremptory norm of general international law (jus cogens): There really is no doubt? But so what?“ African Yearbook on International Humanitarian Law 2020 (2020): 1–14. http://dx.doi.org/10.47348/ayih/2020/a1.
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In 2019 the International Law Commission adopted two texts providing for the peremptory character of the prohibition of crimes against humanity, namely the draft articles on the prevention and punishment of crimes against humanity and the draft conclusions on peremptory norms of general international law. While both of these instruments recognise the peremptory character of the prohibition of crimes against humanity, neither of them address the consequences of the peremptory character of the prohibition of crimes against humanity. This article, on the basis, inter alia, of the internal processes leading to the adoption of these instruments, addresses the consequences of the peremptory character of the prohibition of crimes against humanity.
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Green, L. C. „Canadian Law, War Crimes and Crimes Against Humanity“. British Yearbook of International Law 59, Nr. 1 (01.01.1989): 217–35. http://dx.doi.org/10.1093/bybil/59.1.217.
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Green, Leslie C. „Group rights, war crimes and crimes against humanity“. International Journal on Minority and Group Rights 1, Nr. 2 (1993): 107–36. http://dx.doi.org/10.1163/157181193x00022.
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AbstractThis article gives an overview of the doctrine, state practice and treaty provisions with respect to the protection of groups in case of war crimes and crimes against humanity to see what rules apply in the case of Bosnia Hercegovina and Somalia and whether a right of intervention or an obligation to intervene exists. The author concludes that the present laws with regard to the protection of group rights are inadequate and ineffective.
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Šmigová, Katarína, und Rebecca Lilla Hassanová. „Crimes Against Humanity and War Crimes in Slovakia?“ Law, Identity and Values 3, Nr. 2 (28.12.2023): 265–82. http://dx.doi.org/10.55073/2023.2.265-282.
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The negative impact of the COVID-19 pandemic on global society both during the crisis and in its aftermath was tremendous. Governments chose various methods to cope with the deathly virus. While some were highly effective, others were not. In Slovakia, the government conducted mass testing of its population. The mass testing was free of charge performed by the government. The testing, using antigen tests, was conducted four times during weekends in buildings housing hospitals, schools, or administrative offices. Although testing was not explicitly obligatory, certain restrictions were applied to those who did not undergo testing. For instance, it prevented free movement of the untested; they were banned from visiting places that the government deemed not necessary or not of fundamental need, such as workplaces, libraries, banks, car service stations, opticians, dry cleaners, post offices, or the gas station. However, groceries, drug stores, or shops selling essential household products could be visited without a certificate of having tested negative for COVID-19.In April 2021, a group of Slovak citizens, calling themselves ‘Order of the Law Fellowship’, filed a complaint with the International Criminal Court stating that the mentioned mass testing conducted by the government, was allegedly part of an involuntary experiment done on the population of Slovakia. The group claimed that the government must be held responsible for allegedly committing crimes against humanity and war crimes, stipulated in the Rome Statute as core international crimes. This article aims to analyse their claims regarding the charges against the government, keeping in mind the character and severity of the core international crimes.
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Ahmedi, Sulejman. „The Distinctive Legal Features of Crimes Against Humanity“. European Journal of Interdisciplinary Studies 2, Nr. 2 (30.04.2016): 124. http://dx.doi.org/10.26417/ejis.v2i2.p124-128.
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This research intends to analyze general features and elements of criminal acts against humanity. Also in this paper, special attention was paid to the distinctive features that are crucial in the legal classification of crimes against humanity as offenses punished with international acts and legal regulations of each state. The term Crime against humanity first appeared in the London Agreement of 8 August 1945 establishing the International Military Tribunal. In the course of the preparatory work, it had become apparent that certain crimes committed during the Second World War were not, strictly speaking, war crimes. These were crimes whose victims were of the same nationality as the perpetrators, or nationals of an allied State and were committed for different motives. As early as March 1944, the representative of the United States of America on the Legal Committee of the United Nations War Crimes Commission proposed that crimes committed against stateless persons or any other person by reason of their race or religion should be declared "Crimes against humanity". It suggests, in at least two distinct ways, the enormity of these offenses of the other criminal offenses. First, the phrase "crimes against humanity" suggests offenses that aggrieve not only the victims and their own communities, but all human beings, regardless of their community. Second, the phrase suggests that these offenses cut deep, violating the core humanity that we all share and that distinguishes us from other natural beings. This double meaning gives the phrase potency, but also an ambiguity we may trace back to the double meaning of the word "humanity". "Humanity" means both the quality of being human-humanness-and the aggregation of all human beings-humankind. Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "Are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings". They are not isolated or sporadic events, but are part either of a government policy or of a wide practice of atrocities tolerated by a government or a de facto authority. The law traditionally distinguishes between crimes against persons, crimes against property, crimes against public order, crimes against morals, and the like. Murder, extermination, torture, rape, political, racial or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice.
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Ahmedi, Sulejman. „The Distinctive Legal Features of Crimes Against Humanity“. European Journal of Interdisciplinary Studies 4, Nr. 2 (30.04.2016): 124. http://dx.doi.org/10.26417/ejis.v4i2.p124-128.
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This research intends to analyze general features and elements of criminal acts against humanity. Also in this paper, special attention was paid to the distinctive features that are crucial in the legal classification of crimes against humanity as offenses punished with international acts and legal regulations of each state. The term Crime against humanity first appeared in the London Agreement of 8 August 1945 establishing the International Military Tribunal. In the course of the preparatory work, it had become apparent that certain crimes committed during the Second World War were not, strictly speaking, war crimes. These were crimes whose victims were of the same nationality as the perpetrators, or nationals of an allied State and were committed for different motives. As early as March 1944, the representative of the United States of America on the Legal Committee of the United Nations War Crimes Commission proposed that crimes committed against stateless persons or any other person by reason of their race or religion should be declared "Crimes against humanity". It suggests, in at least two distinct ways, the enormity of these offenses of the other criminal offenses. First, the phrase "crimes against humanity" suggests offenses that aggrieve not only the victims and their own communities, but all human beings, regardless of their community. Second, the phrase suggests that these offenses cut deep, violating the core humanity that we all share and that distinguishes us from other natural beings. This double meaning gives the phrase potency, but also an ambiguity we may trace back to the double meaning of the word "humanity". "Humanity" means both the quality of being human-humanness-and the aggregation of all human beings-humankind. Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "Are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings". They are not isolated or sporadic events, but are part either of a government policy or of a wide practice of atrocities tolerated by a government or a de facto authority. The law traditionally distinguishes between crimes against persons, crimes against property, crimes against public order, crimes against morals, and the like. Murder, extermination, torture, rape, political, racial or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice.
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RODENHÄUSER, TILMAN. „Beyond State Crimes: Non-State Entities and Crimes against Humanity“. Leiden Journal of International Law 27, Nr. 4 (06.11.2014): 913–28. http://dx.doi.org/10.1017/s0922156514000417.
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AbstractRecent cases before the ICC raise the question of on behalf of which entities crimes against humanity can be committed. Interpreting the ‘organizational policy’ requirement in its context, this article argues that in principle crimes against humanity can be committed pursuant to or in furtherance of a policy of any organization that has the capacity to orchestrate a widespread or systematic attack against a civilian population. It is shown that this does not broaden the scope of the crime indefinitely but that concrete requirements defining such entities are found in the contextual elements of crimes against humanity.
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Orlov, Yu V. „Crimes against humanity in the context of the armed conflict in ukraine: definition, problems of distinction with related offences“. Law and Safety 88, Nr. 1 (29.03.2023): 99–112. http://dx.doi.org/10.32631/pb.2023.1.09.
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The article is devoted to the characteristics of crimes against humanity as a category of international criminal law and in the context of the armed conflict in Ukraine. It has been stated that corpus delicti of crimes against humanity reveal many features which have a common meaning with the features of war crimes, and this creates difficulties in legal application. A table of the norms relevance and their drafts on crimes against humanity and war crimes under the Rome Statute of the ICC and the draft UN Convention on the Prevention and Punishment of Crimes against Humanity has been compiled. The criteria for distinction between these corpus delicti has been proposed. It has been established that the Criminal Code of Ukraine does not contain special corpus delicti of crimes against humanity. The conceptual direction of national criminal legislation improvement has been determined.
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Dinstein, Yoram. „Case Analysis: Crimes Against Humanity After Tadić“. Leiden Journal of International Law 13, Nr. 2 (Juni 2000): 373–93. http://dx.doi.org/10.1017/s0922156500000285.
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Crimes against humanity were first defined, for the purposes of the Nuremberg Trial, in 1945. Since then, numerous international legal texts have incorporated the concept, the latest being the Rome Statute of the ICC, 1998. The different texts offer diverse definitions of crimes against humanity, which are traced in the article. Although the precise outlines of the crimes change from one definition to another, it is clear that the core has crystallized as an integral part of customary international law. In the Tadić case, the ICTY had to address several crucial issues relating to crimes against humanity. The judgments on appeal will serve as precedents for the removal of the linkage between crimes against humanity and armed conflict, the exclusion of isolated attacks against civilians and the irrelevance of the personal motives of the defendant.
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Ilnytska, Uliana, und Diana Koval. „Сrimes against humanity as a challenge to international stability and security: institutional and legal mechanisms of struggle and counteraction“. Bulletin of Mariupol State University. Series: History. Political Studies 10, Nr. 28-29 (2020): 200–211. http://dx.doi.org/10.34079/2226-2830-2020-10-28-29-200-211.
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The challenge to the modern system of international security and stability is crimes against humanity, which threaten democratic processes, violate international principles and make peaceful coexistence in a globalized society impossible. The conceptual foundations and theoretical and methodological approaches to the definition of crimes against humanity have been studied. The most optimal definition is presented in the Rome Statute, where crimes against humanity are interpreted as crimes against peace, stability and security, as inhuman acts committed against the civilian population. Considerable attention in the study is paid to the analysis of approaches to the classification of crimes against humanity. In particular, such types as: murder; extermination; enslavement; deportation; persecution; the crime of apartheid; imprisonment; torture; rape; sexual slavery, forms of sexual violence; forced disappearance of persons, etc. have been described. The intensification of crimes against humanity and their intensive growth force the international community to consolidate its efforts to combat them. In the article, the institutional and legal mechanisms of counteraction to crimes against humanity have been studied; international political, socio-economic sanctions and preventive security measures have been identified. It has been emphasized that the international community developed new principles of international cooperation in combating crimes against humanity; flexible conditions for the implementation of humanitarian missions and actions have been created; effective and efficient methods and forms of counteraction to crimes against humanity have been developed. In the article, the activities of international governmental and non-governmental organizations in combating illegal actions have been studied; their decisive role in preventing and countering crimes against humanity has been substantiated. It is worth noting the activities of the League of Nations, the UN, OSCE, NATO, EU, and regional organizations: the African Union, the Economic Community of West African States (ECOWAS), the Association of Southeast Asian Nations (ASEAN). International non-governmental organizations also play an important role in combating crimes against humanity. In particular, there are the International Committee of the Red Cross and influential human rights non-governmental organizations such as Amnesty International, Human Rights Watch, the International Commission of Jurists, the International Federation for Human Rights, TRIAL International, Reporters without Borders, Interpol, Europol, etc. An important element in the effectiveness of combating crimes against humanity is a stable international cooperation, active consolidated cooperation between states and their desire for a constructive dialogue.
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Masło, Krzysztof. „Crimes against humanity in the works of the International Law Commission on the draft articles on the prevention and punishment of crimes against humanity“. Polish Review of International and European Law 8, Nr. 2 (20.08.2020): 9–44. http://dx.doi.org/10.21697/priel.2019.8.2.01.
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Crimes against humanity, besides war crimes, belong to the most frequently committed and prosecuted crimes of international law. Recently, the International Law Commission adopted draft Articles on the prevention and punishment of crimes against humanity, bridging the gap in international criminal law and in international cooperation between states. When discussing the draft Articles on the prevention and punishment of crimes against humanity, the International Law Commission did not act in a vacuum. The issue of understanding crimes against humanity and the obligations of states related to the prevention and punishment of these crimes has appeared in the works of the Commission since the 1950s, primarily in connection with the development of the draft Code of crimes against the peace and security of mankind and the statute of the International Criminal Court. Based on its previous experiences, the International Law Commission focused on four issues to be covered by the draft Articles: 1) definition of crimes against humanity; 2) the obligation of states to criminalise such crimes in domestic law; 3) the obligation of states to cooperate in the investigation, prosecution and punishment of these offences; 4) the duty of aut dedere aut judicare fortified by the perpetrator’s stay in the territory of the state party. Considering the broad support for the definition of crimes against humanity adopted in the ICC Statute and its complementary character, the International Law Commission adopted the definition of art. 7 of the ICC Statute. The works of the International Law Commission are focused on the obligations of countries related to prevention and punishment of crimes against humanity, especially: the obligation to criminalise crimes against humanity and to establish jurisdiction over those crimes. The International Law Commission also formulated a series of obligations of states with a procedural character in the draft Articles, for example, obligation to conduct prompt and efficient criminal proceedings, the purpose of which is to explain all the circumstances of the crime and to punish the guilty person or persons.
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Pathak, Professor Bishnu. „A Comparative Study of World’s Truth Commissions —From Madness to Hope“. World Journal of Social Science Research 4, Nr. 3 (29.06.2017): 192. http://dx.doi.org/10.22158/wjssr.v4n3p192.
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<em>The objective of this paper is to explore the initiatives and practices of different countries in truth seeking. Many countries during the post-conflict, colonial, slavery, anarchical and cultural genocide periods establish the Truth Commissions to respond to the past human wrongdoings: crimes and crimes against humanity. Enforced Disappearances (ED), killings, rapes and inhumane tortures are wrongdoings. Truth Commission applies the method of recovering silences from the victims for structured testimonies. The paper is prepared based on the victim-centric approach. The purpose reveals the piecemeal fact-findings to heal the past, reconcile the present and protect the future. The study covers more than 50 Commissions in a chronological order: beginning from Uganda in 1974 and concluding to Nepal in February 2015. Two Commissions in Uruguay were formed to find-out enforced disappearances. Colombian and Rwandan Commissions have established permanent bodies. The Liberian TRC threatened the government to submit its findings to the ICC if the government failed to establish an international tribunal. The Commissions of Bolivia, Ecuador, Haiti, former Yugoslavia and Zimbabwe were disbanded, and consequently, their reports could not be produced. No public hearings were conducted in Argentina and former Yugoslavia. It is noted that only 8 public hearings in Ghana, 8 national hearings in East-Timor and 15 in Brazil were conducted. Moroccan Commission held public hearings after signing the bond paper for not to disclose the names of the perpetrators whereas Guatemala did not include the perpetrators’ names in the report. The Shining Path’s activists are serving sentences based on civil-anti-terrorist court, but Alberto Fujimori is convicted for 25 years. Chadian Commission worked even against illicit narcotics trafficking. The UN established its Commissions in Sierra Leon, El Salvador and East-Timor, but failed to restore normalcy in Kosovo. Haiti prosecuted 50 perpetrators whereas Guatemala prosecuted its former military dictator. The Philippines’ Commission had limited investigation jurisdiction over army, but treated the insurgents differently. In El Salvador, the State security forces were responsible for 85 percent and the non-state actors for 15 percent similar to CIEDP, Nepal. The TRCs of Argentina, East-Timor, Guatemala, Morocco, Peru and South Africa partially succeeded. Large numbers of victims have failed to register the complaints fearing of possible actions. All perpetrators were controversially granted amnesty despite the TRC recommendation in South Africa. The victims and people still blamed Mandela that he sold out black people’s struggle. Ironically, the perpetrators have received justice, but the victims are further victimized. As perpetrator-centric Government prioritizes cronyism, most of the Commissioners defend their respective institution and individuals. Besides, perpetrators influence Governments on the formation of Truth Commission for ‘forgetting the victims to forgive the perpetrators’. A commission is a Court-liked judicial and non-judicial processes body, but without binding authority except Sierra Leone. Transitional Justice body exists with a five-pillar policy: truth, justice, healing, prosecution and reparation. It has a long neglected history owing to anarchical roles of the perpetrators and weak-poor nature of the victims. Almost all TRCs worked in low budget, lack of officials, inadequate laws and regulations, insufficient infrastructures and constraints of moral supports including Liberia, Paraguay, Philippines, South Africa, Uganda and Nepal. The perpetrators controlled Governments ordered to destroy documents, evidences and testimonies in their chain of command that could have proven guilty to them.</em>
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Zhang, Beixiang. „On the development and research of crimes against humanity in international criminal Law“. Academic Journal of Management and Social Sciences 2, Nr. 1 (24.03.2023): 72–75. http://dx.doi.org/10.54097/ajmss.v2i1.6373.
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After World War II, international crimes against humanity were officially established. And it is on its way to becoming an international crime. Therefore, at present, crime against humanity is still in the development stage, and its concept is not perfect enough. Many relevant systems are not clear enough. For example, in crime against humanity, many behaviors cannot be interfered by domestic and foreign criminal laws, so how to judge whether a crime or an act should be under domestic jurisdiction or international jurisdiction? There needs to be a clear institutional demarcation line within the jurisdiction. In addition, as a crime of international criminal law, the content of crimes against humanity may conflict with other contents of international crimes, so it is very necessary to distinguish the difference between the two. Through the analysis of the concept of crimes against humanity and the elements of crime, this paper carries out research to make the concept of crimes against humanity in international criminal law clearer.
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Nevskiy, Ruslan E. „The prospect of criminalization of crimes against humanity in Russian criminal legislation“. Yugra State University Bulletin 18, Nr. 3 (08.10.2022): 29–34. http://dx.doi.org/10.18822/byusu20220329-34.
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Introduction. Currently, Russian criminal legislation lacks an independent norm on crimes against humanity. The author considers this to be a serious gap in the system of crimes against the peace and security of mankind (Chapter 34 of the Russian Criminal Code).
Methods. The conclusions made in the article are the result of using the general scientific dialectical method of cognition, as well as private methods (analysis, synthesis, formal-logical).
Tasks. The author in this article seeks to substantiate the need for direct criminalization of the norm on crimes against humanity in the criminal legislation of Russia.
Results. The article analyzes doctrinal positions regarding the possibility and/or necessity of criminalizing crimes against humanity in national criminal law. The provisions of the norms of international law in force for Russia are also taken into account to address the issue of criminalization of crimes against humanity in the Russian Criminal Code.
Conclusions. The article defines the following grounds for the criminalization of crimes against humanity in the Russian criminal legislation: international legal; constitutional and legal; political-legal and socio-legal. When formulating a rule on crimes against humanity in the Russian Criminal Code, the provisions of the statutes of post-war tribunals and modern ad hoc criminal tribunals recognized by Russia should be used. This rule should follow the traditional techniques of legislative technique and take into account a single contextual element inherent in all specific types of crimes against humanity.
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Chehtman, Alejandro. „Contemporary Approaches to the Philosophy of Crimes against Humanity“. International Criminal Law Review 14, Nr. 4-5 (31.07.2014): 813–35. http://dx.doi.org/10.1163/15718123-01405005.
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Crimes against humanity have recently been the object of significant examination in contemporary analytical philosophy. Yet several theoretical issues are still up for grabs. What exactly is a crime against humanity? How are crimes against humanity different from domestic offences? What does humanity stand for in this notion? And who is entitled to define and prosecute these crimes? This article provides a concise, critical overview of the main positions available in the literature. It seeks to isolate the key conceptual and normative issues that surround this debate, and to assess the different answers currently available. It concludes that although all the answers available face significant objections and difficulties, they have made increasingly clear what the philosophical questions surrounding the notion of crimes against humanity are.
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Mackler, Stephanie. „Clichés and (Other) Crimes Against Humanity“. Philosophy of Education 74 (2018): 404–8. http://dx.doi.org/10.47925/74.404.
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Kalmanovitz, Pablo. „Crimes Against Humanity: A Normative Account“. Journal of Peace Research 43, Nr. 6 (November 2006): 755. http://dx.doi.org/10.1177/002234330604300617.
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Burkhalter, Holly. „Preventing Genocide and Crimes Against Humanity“. Proceedings of the ASIL Annual Meeting 98 (2004): 41–46. http://dx.doi.org/10.1017/s0272503700060730.
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Palombino, Fulvio Maria. „Should Genocide Subsume Crimes Against Humanity?“ Journal of International Criminal Justice 3, Nr. 3 (01.07.2005): 778–89. http://dx.doi.org/10.1093/jicj/mqi045.
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Liivoja, R. „Crimes against Humanity: A Normative Account“. European Journal of International Law 18, Nr. 2 (01.04.2007): 373–76. http://dx.doi.org/10.1093/ejil/chm019.
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Jessee, Erin. „On Argentina's Crimes against Humanity Trials“. Journal of Perpetrator Research 6, Nr. 1 (22.12.2023): 149–53. http://dx.doi.org/10.21039/jpr6.1.141.
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Ryberg, Jesper. „Punishing War Crimes, Genocide, and Crimes against Humanity: Introduction“. Res Publica 16, Nr. 2 (04.02.2010): 99–100. http://dx.doi.org/10.1007/s11158-010-9116-0.
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Frulli, M. „Are Crimes against Humanity More Serious than War Crimes?“ European Journal of International Law 12, Nr. 2 (01.04.2001): 329–50. http://dx.doi.org/10.1093/ejil/12.2.329.
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Danner, Allison Marston. „Bias Crimes and Crimes Against Humanity: Culpability in Context“. Buffalo Criminal Law Review 6, Nr. 1 (01.04.2002): 389–450. http://dx.doi.org/10.1525/nclr.2002.6.1.389.
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Billah, Maruf. „Prosecuting Crimes against Humanity and Genocide at the International Crimes Tribunal Bangladesh: An Approach to International Criminal Law Standards“. Laws 10, Nr. 4 (31.10.2021): 82. http://dx.doi.org/10.3390/laws10040082.
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Bangladesh is recently prosecuting and punishing the perpetrators of crimes against humanity and genocide committed in the Liberation War of 1971 via a domestically operated tribunal, namely the International Crimes Tribunal Bangladesh (ICTB). Though the Tribunal is preceded under municipal law, its material jurisdiction, i.e., crimes against humanity and genocide, originated from international criminal law. Therefore, this study examines several legal obligations of the ICTB in defining crimes against humanity and genocide as the core international crimes. First, I discuss several legal flaws of the Tribunal by defining crimes against humanity and genocide under the ICTB Statute and jurisprudence. Second, I scrutinize the legal status of international (treaty and customary) laws in Bangladesh’s legal system. Third, by applying international criminal law standards, I focus on the idea that it is one of the obligations of Bangladesh to apply international criminal law definitions of genocide under the treaty obligation as the contracting parties to Genocide Convention 1948, and the ICC Statute 1998. Fourthly, I also discuss whether Bangladesh has any obligation to apply customary international law definition of crimes against humanity because crimes against humanity are considered jus cogens offenses in general international law, from which no derogation is permitted. Lastly, I conclude that Bangladesh Tribunal failed to fulfill its legal obligation to define international crimes under the treaty and customary laws and forward a way to be implemented to improve the legislative system of Bangladesh and harmonize it with international legislation.
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Graf, Sinja. „To Regain Some Kind of Human Equality: Theorizing the Political Productivity of ‘‘Crimes against Humanity’’“. Law, Culture and the Humanities 15, Nr. 3 (28.10.2015): 744–63. http://dx.doi.org/10.1177/1743872115612326.
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This article theorizes the politically productive aspects of the term ‘‘crimes against humanity’’ in contradistinction to normative political theories that conceive of international law as applied ethics and to Schmittian approaches to law as the medium of depoliticization. I argue that the criminal against humanity must be distinguished from the enemy of humanity, because crimes against humanity provide a universal yet minimal normative recognition to the offender within a global legal order. Analyzing the distinct patterns of agency and authority that arise from rights and crime respectively, I outline the communal dimension of the criminal law and discuss the performative claim to humanity as a global body politic that attends pronouncements of crimes against humanity by international authorities.
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Ayu Nrangwesti, Yulia Fitriliani und Maya Indrasti Notoprayitno. „ELEMEN-ELEMEN DASAR KEJAHATAN TERHADAP KEMANUSIAAN“. Jurnal Hukum PRIORIS 11, Nr. 1 (09.12.2023): 99–114. http://dx.doi.org/10.25105/prio.v11i1.18772.
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This research was created to analyze the basic elements of crimes against humanity as stated in the 1998 Rome Statute. The study carried out was comprehensive (looking through the context of Indonesian criminal law, human rights law and international law), and comparative (comparing the elements of the crime of genocide). The background to the emergence of the research problem is the uncertainty of the nomenclature of crimes against humanity which includes the word humanity in it. This is because the concept of humanity can give rise to broad interpretations. This research is also motivated by the desire to compare crimes against humanity with the crime of genocide, especially those related to similar or overlapping elements. The problem in this research consists of 2 (two) main problems, namely: First, a comprehensive analytical elaboration of 3 (three) basic elements crimes against humanity; The second analytical elaboration is comparative to the crime of genocide. The aim of this research is ultimately to provide recommendations to the Indonesian government regarding input for reconceiving crimes against humanity in statutory regulations. The benefits of research are both academic (one of the duties of lecturers is conducting research and for teaching materials for international criminal law and human rights law) and practical (for practitioners, such as judges, prosecutors, lawyers, non-governmental organization activists and social/human rights observers man). This research is a type of doctrinal research with a comparative approach. The research data sources used are primary legal materials (primary sources). Apart from primary legal materials, secondary legal materials (secondary sources) are also the main sources in this research. A comparative approach is carried out by comparing the elements contained in crimes against humanity with the crime of genocide. The conclusion of this research is the discovery of 3 (three) main elements of crimes against humanity, namely: Widespread and systematic attacks; Directed attack on civilian people; Imputable to state/organization's policy. The most difficult element to prove is the third element, namely finding a connection between the actions of a person or group of people and their country's policies. The crime of genocide includes concrete and reliable elements that characterize the crime, while crimes against humanity still seem to overlap with the crime of genocide, even with other international crimes. Keywords: Genocide; Imputability; Crimes against Humanity; Widespread and Systematically Attack; Civilian.