Journal articles on the topic 'CriminaliteÌ? internationale'
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1
Mũrĩithi, Wairimũ. "Fragments Towards an Impossible (Domestic) Genre of the Human in Kenyan Crime Fiction." English in Africa 47, no. 3 (February 10, 2021): 99–119. http://dx.doi.org/10.4314/eia.v47i3.6s.
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Extrajudicial executions and other forms of police violence in Kenya have always been an issue of significant concern in local and international media and human rights organisations. Reflective of this, scholarly interest in crime fiction in Kenya has grown significantly in recent years. However, the gendered implications of criminality – from sex work to errant motherhood to alternative modes of investigation – are still largely overlooked in postcolonial literary fiction and criticism. As part of a larger study on how women writers and characters shape crime fiction in Kenya, this paper critically engages with stories that the criminalised woman knows, tells, forgets, incarnates, discards or hides about the city. It does so by examining the history of urban sex workers in Kenya, the representation of ‘urban women’ in postcolonial Kenyan novels and contemporary mainstream media, and the various (post) colonial laws that criminalise sex work. Through Justina, an elusive character in Yvonne Adhiambo Owuor’s Dust, I consider how (post)colonial legislative frameworks and social life attempt to manage “impossible domesticity” (Saidiya Hartman) inside and against the geo-history of gendered and classed criminality in urban Kenyan spaces. My purpose is to interrogate hegemonic constructions of the citizen – and by extension, of the human – in Kenyan law and public morality
Keywords: crime fiction, feminism, sex work, human, homo narrans
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Hellio1, Hugues. "Une convention contre la criminalité environnementale : une révolution ? Non, une circulation !" Criminologie 49, no. 2 (December 19, 2016): 177–94. http://dx.doi.org/10.7202/1038421ar.
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Un projet de convention internationale contre la criminalité environnementale a été récemment formalisé par une équipe de juristes internationaux. Menée à l’aune des emprunts aux droits positifs nationaux, régionaux et international, son analyse dévoile la circulation des normes et des acteurs du droit international qui a aujourd’hui cours. Ce gage d’une meilleure effectivité de la lutte contre les crimes environnementaux est aussi le ferment d’une possible adoption internationale du projet.
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Volevodz, A. G. "International Criminalization of International Terrorizm." MGIMO Review of International Relations, no. 2(35) (April 28, 2014): 150–60. http://dx.doi.org/10.24833/2071-8160-2014-2-35-150-160.
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Analysis and studying of the terrorism in all its facets is a complex entangled problem with less clear legal regulation that it might seem at first glance, especially after its transformation from local phenomenon into a world threat. Hitherto terrorism and actions connected to it have been criminalized by the majority of states. There are in modern criminal law whole systems of rules on criminal liability for terrorism which differs considerably from country to country. Terrorism has been criminalized in numerous international regional and universal antiterrorist legal instruments. The author notes that differences in definitions that are enshrined in them hinders international cooperation in criminal matters with respect to terrorist cases. Difficulties reside in the necessity to meet the dual criminality requirement and in the political offense exception. These difficulties can only be overcome through elaboration of a universally recognized definition of the notion of international terrorism and making it legally binding via its inclusion into a universal convention. The issue of definition of international terrorism is an important part of an efficient mutual assistance among states in fight against this crime. In this article the author accounts of actual ways of tackling by the international community of the issue of criminalization of international terrorism and of factors influencing them.
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Ventura, Manuel J. "Prosecuting Starvation under International Criminal Law." Journal of International Criminal Justice 17, no. 4 (September 1, 2019): 781–814. http://dx.doi.org/10.1093/jicj/mqz043.
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Abstract Historically, international criminal tribunals have not included a specific provision criminalizing the use of starvation within their respective statutes or founding legal documents. In light of this, and after clarifying what material/objective and mental/subjective elements characterize starvation, the present article seeks to explore whether it can be adjudicated as a crime against humanity or as an act of genocide and how this could be accomplished within the existing framework of international criminal law. In this respect, it is submitted that the general absence of an explicit reference to a crime of starvation in the statutes of international criminal tribunals is not a legal bar to the prosecution of the corresponding behaviour. Furthermore, this article briefly considers starvation as a war crime, particularly pursuant to Article 8(2)(b)(xxv) of the International Criminal Court (ICC) Statute — which criminalizes starvation in international armed conflicts at the ICC — and the conspicuous absence of a corresponding and parallel provision that would criminalize starvation as a war crime in non-international armed conflicts.
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Al Qatawneh, Ibrahim Suleiman, Ahmed Fekry Moussa, Maher Haswa, Zeyad Jaffal, and Jamal Barafi. "Artificial Intelligence Crimes." Academic Journal of Interdisciplinary Studies 12, no. 1 (January 5, 2023): 143. http://dx.doi.org/10.36941/ajis-2023-0012.
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The rapid evolution of information and communication technologies and the diversity of interconnection networks have been significant factors in broadening the application do-mains of such technologies. Consequently, so-called artificial intelligence crimes (AIC) have emerged involving a corresponding rise in criminality figures, affecting individuals' rights and freedoms. The emergence of AI-related crimes has triggered many challenges for the judiciary nationally and internationally. Thereby, jurisprudence and the judiciary must consider whether the existing provisions of law are sufficient to confront these crimes, or is there a need to strengthen international, regional, and national legislation to cover such cases. Such peculiarities characterizing AI crimes have complicated dealing with criminal activities, and they are usually dealt with using traditional criminal provisions, which may be compromised by the principle of criminal legality and the limited interpretation of a criminal provision. Accordingly, legislative steps must be taken to combat such crimes by enforcing legal provisions intended to criminalize the newly introduced criminal acts.
Received: 31 October 2022 / Accepted: 22 December 2022 / Published: 5 January 2023
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Torabi, Mina, Mohammad Javad Jafari, and Masood Ghasemi. "Challenges of criminalization protest and corruption by looking at international documents." Religación. Revista de Ciencias Sociales y Humanidades 4, no. 22 (December 30, 2019): 140–48. http://dx.doi.org/10.46652/rgn.v4i22.564.
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With the passage of the Islamic Penal Code of 1992, the legislator took a critical step contrary to the provisions of international documents such as the Political and Civil Covenant and the Universal Declaration of Human rights and other documents criminalize behaviors that are critical of human rights, both in terms of punishment and in non-compliance with the principles and principles of criminality. As provided in Article 286 for severe on-the-ground corruption with a view to development in various fields, the death penalty has been specified. The perpetrators of these crimes and deviations from the substantive principles of security crimes, such as riots and corruption on earth, present challenges that will be addressed in this article, first explaining the importance of the right to life and the death penalty in international documents and the Iranian legal system.
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Manirakiza, Pacifique. "Les juridictions traditionnelles et la justice pénale internationale." Canadian Yearbook of international Law/Annuaire canadien de droit international 41 (2004): 51–81. http://dx.doi.org/10.1017/s0069005800008262.
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Sommaire L’ampleur de la criminalité internationale et de l’impunité qui en résulte exige que la communauté internationale développe de nouvelles stratégies afin de venir à about de ce phénomène. Bien que les juridictions pénales internationales soient souvent présentées comme une panacée, force est de constater que les juridictions étatiques interviennent pour leur prêter main forte dans la lutte contre l’impunité. Cet article se propose d’analyser l’opportunité de l’intervention des juridictions étatiques traditionnelles ou communautaires dans l’administration de la justice pénale internationale. Après avoir établi que leur intervention trouve des assises en droit international, l’auteur conclut que les juridictions traditionnelles ne sont pas juridiquement ni logistiquement outillées pour réprimer les crimes internationaux les plus graves. Néanmoins, dans les Etats où des violences massives ont eu lieu impliquant la participation de la population, l’auteur estime que celle-ci ainsi que les institutions populaires existantes peuvent être associées dans le règlement judiciaire de la crise afin de mieux définir de nouvelles bases de cohabitation sociale. L’implication judiciaire des institutions traditionnelles est envisageable à deux niveaux: la répression des infractions mineures, en l’occurrence celles contre les propriétés, qui sont commises à l’occasion de la perpétration des crimes odieux qui offensent la conscience de toute l’humanité d’une part, et, d’autrepart, l’implication des juges-citoyens comme jurés dans le cadre des procès pour crimes internationaux proprement dits. La population quant à elle peut être appelée à jouer un rôle de premier plan dans la recherche de la vérité historique et dans la manifestation de la vérité judiciaire.
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Manirabona1, Amissi M. "La criminalité environnementale transnationale : aux grands maux, les grands remèdes ?" Criminologie 47, no. 2 (September 30, 2014): 153–78. http://dx.doi.org/10.7202/1026732ar.
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Cette étude propose la façon dont la communauté internationale devrait traiter la criminalité environnementale transnationale. Pour y arriver, l’auteur définit d’abord ce phénomène et discute de son ampleur. La démarche consiste à faire comprendre cette forme de criminalité afin d’amener les parties intéressées à envisager les moyens appropriés pour la combattre. Ensuite, l’article rappelle l’inexistence des moyens de lutte à la hauteur de la gravité de ce fléau et soutient par la suite que l’ampleur et les caractéristiques de celui-ci méritent que la communauté internationale se mobilise dans son ensemble. Plus précisément, l’auteur soutient qu’en dehors du renforcement des mécanismes de lutte sur le plan national, de l’amélioration de la coopération judiciaire et de la reconnaissance mutuelle des décisions de justice, la création d’un tribunal international pénal pour l’environnement serait une option idéale.
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Frías, Alejandro Sánchez. "Public Security Derogations to the Free Movement of EU Citizens and Preventive Criminal Law: A Collision between Ever-Expanding Concepts?" European Journal of Crime, Criminal Law and Criminal Justice 27, no. 4 (December 2, 2019): 293–319. http://dx.doi.org/10.1163/15718174-02704002.
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The threat of foreign terrorist fighters has led to the development of preventive criminal law on an international and European level. The EU Directive on combating terrorism can have two impacts on the free movement of EU citizens. It directly calls upon Member States to criminalise the act of travelling, as well as other conduct that may be connected to a terrorist offence. In addition, ecj case law accepts EU criminal law as a basis for public security derogations against free movement. Therefore, the commission of any of the acts criminalised in the EU Directive on combating terrorism could be used as a reason to restrict the exercise of free movement by EU citizens. When Member States begin to adopt these measures, litigation on the balance between preventive criminal justice and free movement of EU citizens will increase.
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Haider, Isabel. "Austrian Law as a Safe Haven for Foreign Spies? An Analysis on the Basis of the Recent Phenomenon of ‘Embassy Espionage’." European Journal of Crime, Criminal Law and Criminal Justice 26, no. 3 (August 1, 2018): 201–21. http://dx.doi.org/10.1163/15718174-02603002.
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This article aims to assess, from a legal point of view, the repeated allegation of Austria being a safe haven for foreign espionage and interception, based on the assumption that only such activities detrimental to Austria were criminalized under its laws. A comparison with German and Swiss law shows that the requirement of the presence of a detriment to the prosecuting state is rather common than an exemption. In fact, among those three countries only the Austrian and Swiss laws criminalize espionage against foreign states based on their neutrality statuses. In particular, a comparison of the statistics draws further attention to the striking imbalance of convictions for espionage against foreign states between Switzerland and Austria, despite the repeated claim of Austria being a hot spot of international espionage activities. Although no final answer can be reached, the article seeks to give possible responses to this contradiction.
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CRESSY, DAVID. "TROUBLE WITH GYPSIES IN EARLY MODERN ENGLAND." Historical Journal 59, no. 1 (November 25, 2015): 45–70. http://dx.doi.org/10.1017/s0018246x15000278.
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AbstractThis article explores the social, legal, and administrative response in Tudor and early Stuart England to people known in law as ‘Egyptians’ or ‘counterfeit Egyptians’ but commonly called ‘Gypsies’. It argues that such people differed from ordinary poor vagrants in their heritage, their language, and such activities as horse dealing and fortune-telling. Elizabethan and Jacobean publications placed Gypsies on the fringes of fecklessness, criminality, and the picaresque, and established a stereotype of deceit and imposture that has not yet disappeared. Acts of Parliament in 1531, 1554, and 1563 criminalized ‘Egyptians’, forbidding their entry, ordering their expulsion, and eventually making them liable to the death penalty. Enforcement, however, was haphazard, and repression co-existed uneasily with growing registers of tolerance. This is a neglected topic in early modern social history, with links to international and interdisciplinary Romani studies as well as work on itinerancy, ethnicity, and marginality.
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Momtaz, Djamchid. "War Crimes in Non-international Armed Conflicts under the Statute of the International Criminal Court." Yearbook of International Humanitarian Law 2 (December 1999): 177–92. http://dx.doi.org/10.1017/s1389135900000416.
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International humanitarian law applicable in non-international armed conflicts has long been characterized by the absence of universal competence to suppress serious violations of its provisions. This failure has been due to the reluctance of states – which are naturally prone to consider any limitation of their exclusive competence in this field as a threat to their sovereignty – to criminalize such acts under international law.The first attempt at remedying such a situation was seen in the Draft Statute of an International Criminal Court (ICC), which was prepared by the International Law Commission (ILC) in 1994, and inspired by the draft articles of the Code of Crimes against the Peace and International Security of Mankind, provisionally adopted by the ILC in 1991 at first reading. Under the Draft Statute of the ICC, serious violations of the laws and customs applicable in armed conflicts would be under the jurisdiction of the Court. The ILC had in mind exceptionally serious war crimes, such as those described in the pertinent article of the draft code referred to by the Commission, constituting an extremely grave violation of the principles and laws of international law applicable in armed conflicts. In the commentary on this article, the ILC took care to specify that the expression ‘armed conflict’ covered the non-international armed conflicts that are the focus of common Article 3 of the Geneva Conventions of 12 August 1949, as well as international armed conflicts.This first step was of very limited scope. In fact, according to the ILC, in order to be criminalized, the laws and customs of war had to find their origin in general customary international law.
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Jonsson, Sofia. "Does criminalizing the purchase of sex reduce sex-buying? Evidence from a European survey on prostitution." European Journal of Law and Economics 56, no. 1 (August 2023): 91–115. http://dx.doi.org/10.1007/s10657-023-09778-5.
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AbstractWhether to criminalize or legalize the purchase of sex has given rise to heated discussions and different policy initiatives. Opponents of the criminalization of sex-buying argue that prohibition pushes the sector underground, increasing the harm for women in prostitution. Proponents instead view prostitution as violence against women, calling for prohibition. Despite these debates, few studies examine the effect of prostitution laws on the quantity of sex bought. By employing unique data on attitudes to, and experiences of sex-buying behaviour in different prostitution regimes in eight European countries, the paper examines the relationship between prostitution law and sex-buying. The results are robust to the inclusion of a list experiment, and the findings suggest that people living in countries where purchasing sex is criminalized buy less sex than people living in countries where sex-buying is legal.
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Babatunde Adegbite, Olusola. "Weaponisation of the war on terror and the sidestepping of human rights norms: Seeking a balance between the terrorism (prevention) (amendment) act 2013 and Nigeria’s obligation under international human rights law." University of Cape Coast Law Journal 1, no. 1 (June 1, 2021): 107–34. http://dx.doi.org/10.47963/ucclj.v1i1.227.
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In an era of escalation in terrorism and terrorist related criminalities, the international system continues to innovate on how best to contain its scourge, particularly within the confines of established democratic norms. As a response to Security Council resolution 1373 adopted on 28 September 2001, United Nations (UN) member states began to craft domestic counterterrorism legislations to criminalise terrorist activities on their home-soil, as well as extraterritorially. Responding as other nations, Nigeria enacted the Terrorism (Prevention) (Amendment) Act 2013. However, the Act and others like it, have thrown up troubling questions about weaponization of the war on terror, and the need to balance the war with the protection of human rights. This article examines the continued sidestepping of human rights norms in the war against terror. It presents this conflict within the context of Nigeria’s domestic counterterrorism law, highlighting some dangerous provisions in the Act which directly impugns on its obligation under International Human Rights Law (IHRL). It advocates an urgent review in the Act that will reflect the current mood of the UN human rights system, as well as the country’s obligation under IHRL
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Ratecka, Anna. "Sex Work Policy in Poland and Its Impact on the Lived Experience of Sex Workers." Politička misao 60, no. 4 (December 21, 2023): 35–60. http://dx.doi.org/10.20901/pm.60.4.02.
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This article discusses the model of sex work regulation in Poland. Officially being an abolitionist one, it criminalises directly third parties, while in practice the whole working environment is criminalised, pushing sex workers into shadow economy and precarious working conditions, and exposing them to heightened risks of violence. At the same time, the Polish state does not provide any support programmes for sex workers. As such, it misrecognises sex workers, who are not seen as workers or victims. This article looks at the prostitution policy from the perspective of sex workers’ rights. It also shows how complicated sex work policy is, since the law includes contradictory rules and values, which all have a negative impact on sex workers’ lives, and how these contradictory rules contribute to misrecognition of sex workers, as workers, subjects of rights and citizens, and to their stigmatisation.
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Gardocki, Lech. "Double Criminality in Extradition Law." Israel Law Review 27, no. 1-2 (1993): 288–96. http://dx.doi.org/10.1017/s0021223700016952.
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1. The principle of double criminality is traditionally bound with institutions of international criminal law. Double criminality is a requirement not only with extradition, but also with the transfer of criminal proceedings and with execution of foreign sentences. International criminal law employs a range of “double conditions”, the common denominator of which is the requirement that two legal systems share a certain set of values or legal prescriptions. In addition to double criminality, international law uses such terms as “double punishability”, the “double possibility of criminal proceedings” and the “double possibility of the execution of penal judgment”. Among these concepts, double criminality is the most important and universal condition applied in the basic institutions of international criminal law, such as extradition, the transfer of proceedings, and the execution of foreign penal judgments.
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Sitarz, Olga. "Ratio legis of Criminalization of the Offence against Religious Feelings (and Blasphemy)." Studia Iuridica Lublinensia 30, no. 4 (October 13, 2021): 505. http://dx.doi.org/10.17951/sil.2021.30.4.505-531.
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<p>This article deals with the criminalization of violating religious feelings is of a scientific and research nature. The scientific problem is to determine the actual <em>ratio legis</em> of the act described in Article 196 of the Polish Criminal Code, which will ultimately allow to assess whether the criminalization decision is right. The author does not share the commonly held views on the protection and justification of the criminality of offending religious feelings. A comparison of crimes that provide for punishment for violating other feelings, as well as violating feelings of a different nature with impunity, allows for the formulation of the thesis that in the case of Article 196 of the Criminal Code it was not religious feelings and their protection that became the reason for the criminalization decision. This reason is the fear of the social consequences of violating religious feelings. Since this behavior is criminalized in most countries around the world, the significance of these scientific findings is of international significance both theoretically and practically.</p>
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Chang, Ya Lan. "The Communitarian Case for Decriminalising Male Homosexuality for Singapore’s Common Good." Asia-Pacific Journal on Human Rights and the Law 20, no. 1 (June 4, 2019): 90–130. http://dx.doi.org/10.1163/15718158-02001003.
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Should Singapore’s conservative, communitarian society continue to criminalise male homosexuality in the name of its common good? This is the fundamental question raised by Singapore’s continued retention of Section 377A of the Penal Code, a colonial-era law that criminalises only male homosexual conduct. With reference to Parliament’s reasons for retaining 377A and scholarly arguments against homosexuality, this article reconstructs, and debunks, the best philosophical case in favour of 377A; namely, that it should be conserved to sustain communitarian Singapore’s common good. Instead, the article argues that, because homosexuality is morally permissible, 377A does not satisfy the ‘goodness’ component of the common good and hence does not, and cannot, sustain communitarian Singapore’s common good. Rather, a communitarian approach to 377A, one based on an inclusive conception of communitarianism and an aggregative conception of the common good, would lead to its repeal and vindicate gay men’s right to equality.
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Najah Duqmaq. "Israel's International Legal Responsibility for Human Rights Violations in the Occupied Palestinian Territory In accordance with the provisions of international law." مجلة جامعة فلسطين الأهلية للبحوث والدراسات 1, no. 1 (December 30, 2022): 4–36. http://dx.doi.org/10.59994/pau.2022.1.4.
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The West Bank, Gaza Strip, and the city of Jerusalem are occupied territories occupied by Israel following hostilities in the 1967 war. Israel was a State party to the Fourth Geneva Convention of 1949, which refused to apply it to the occupied territories since the common article I of the four Geneva Conventions showed respect for and universal adherence to the principles contained therein. However, Israel has not complied with this but has committed serious violations of the rights of Palestinian citizens, criminalized under the Rome Statute of the International Criminal Court. The research aims to hold Israel internationally responsible for its illegal actions in the occupied Palestinian territories for violating the provisions of international law and resolutions of international legitimacy. The importance of the search for international criminal and civil accountability of Israel for its human rights violations in the Occupied Palestinian Territories is important, as Palestine's accession to the International Criminal Court comes as an important step in terms of ending the impunity of Israeli war criminals in addition to prosecuting them wherever they are regardless of their nationality and the place where the crime was committed in accordance with universal jurisdiction. The problem of the research revolves around: How long will Israel remain without international accountability for its violations of the rights of citizens in the Occupied Palestinian Territory? The researcher followed the descriptive and analytical approach and reached a set of conclusions and recommendations, the most prominent of which are: holding Israel internationally responsible for its internationally wrongful actions in the occupied Palestinian territories represented by the violation of international obligations. Among the most prominent recommendations are the implementation of the recommendations of Amnesty International's report regarding the call of the International Criminal Court to consider the crime of apartheid as part of its investigations into the Palestinian situation before it and that all States exercise universal jurisdiction to bring the perpetrators of apartheid crimes to justice.
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Hayden, Robert M. ""Genocide Denial" Laws as Secular Heresy: A Critical Analysis with Reference to Bosnia." Slavic Review 67, no. 2 (2008): 384–407. http://dx.doi.org/10.1017/s0037677900023585.
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“Heresy” is developed here as an analytical term for the criminalization of speech questioning the basic tenets of a belief system, such as internal criticisms of state socialism or denial of the applicability of the term genocide to some mass crimes in a European Union that purports to make central the protection of human rights. European legislation to criminalize “genocide denial” is critiqued through a close analysis of international legal decisions dealing with whether “genocide” took place in the Bosnian war of 1992-95. Although granting both the facts as these courts found them and the serious criminality of the actions involved, Robert M. Hayden argues that calling them “genocide” broadens the definition of that term to the extent of losing the possibility of uniform application. Criminalizing “genocide denial” is thus not only contrary to principles of free speech and intellectual inquiry but manifests the same problem that Amnesty International identified in its reports in the 1980s on the vagueness of the “verbal crimes” provisions of the criminal laws of the formerly socialist countries. Hayden concludes that the punishment of heresy is a manifestation of power by a political elite that holds its values and assumptions to be immune from challenge.
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Geraghty, Colin. "Mondialisation et évolutions de la criminalité internationale." Revue internationale et stratégique °79, no. 3 (2010): 137. http://dx.doi.org/10.3917/ris.079.0137.
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Gerasina, L. M., and M. P. Trebin. "Destructive megatendencies of the contemporaneity: global conflict, globalization of criminality, international terrorism." Ukrainian society 27, no. 4 (December 30, 2008): 140–48. http://dx.doi.org/10.15407/socium2008.04.140.
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The main destructive megatendencies of the contemporaneity such as the global conflict, globalization of criminality, and international terrorism are analyzed. The authors show the dual effect of the globalization on the modern civilization, system of world-wide political, economic, and humanitarian connections, transnational criminality, and international terrorism. The main features and the principles of organization of the modern international terrorism are elucidated.
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Doise, Willem. "State criminality." Peace and Conflict: Journal of Peace Psychology 8, no. 2 (2002): 167–69. http://dx.doi.org/10.1207/s15327949pac0802_07.
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Saleem Tariq, Mohammed. "An International Answer to Capturing Corporate Criminality." Jurisprudence 21, no. 2 (2014): 355–72. http://dx.doi.org/10.13165/jur-14-21-2-02.
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Wallace, Simon. "The New Canadian Law of Refugee Exclusion: An Empirical Analysis of International Criminal Law Deportation Orders, January 2018 to July 2020." International Criminal Law Review 22, no. 4 (June 9, 2022): 721–50. http://dx.doi.org/10.1163/15718123-bja10136.
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Abstract Perpetrators of war crimes and crimes against humanity, and senior officials in notorious government regimes, can be deported from Canada. This study reports on the first complete and systematic empirical analysis of all finalized international criminality deportation cases in Canada. The analysis, a review of deportation cases finalized between January 2018 and July 2020, shows that Canada is using deportation law in place of, and instead of, refugee exclusion law. This means that scholars interested in Canadian refugee exclusion should play close attention to deportation law. This study also found that international criminality allegations were usually made against people for their involvement in problematic police, prison, or military institutions. Most international criminality deportation investigations were minimal and revolved almost entirely around a person’s self-disclosures. This article concludes with a discussion about how deportation law and process makes international criminal law unique in the deportation context.
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Gruber, Aya. "Zero-Tolerance Comes to International Law." AJIL Unbound 109 (2015): 337–41. http://dx.doi.org/10.1017/s2398772300001707.
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It is difficult to engage from a theoretical perspective an advocacy piece that largely reads like a brief in favor of particular claim of law, namely, that a state’s failure to (vigorously) criminalize marital rape violates international human rights law. In a brief, the litigant pulls together various sources to prove the legal claim is correct. Opponents typically respond by cobbling together their own sources to undermine that claim. In their essay, Criminalizing Sexual Violence Against Women in Intimate Relationships, Randall and Venkatesh set out to prove that international human rights law, in fact, requires states to criminalize marital rape. I suspect there are international lawyers who can persuasively argue that international human rights law does not, in fact, require such criminalization.
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Pysmenskyy, Yevhen. "The Phenomenon of Journalism-related Crimes Under the Circumstances of Hybrid War in Ukraine." Croatian International Relations Review 23, no. 80 (November 27, 2017): 155–85. http://dx.doi.org/10.1515/cirr-2017-0024.
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Abstract The article covers journalism-related crimes as a relatively distinct category of offences. The importance and purpose of isolating the concept of journalistic criminality under conditions of globalization in the modern theory of legal thought, the rapid development of the information society, and the embodied increase of the role of information and knowledge in human life are emphasized. Attention is paid to the factors affecting the dynamics and development of crimes in the area of professional activities of journalists, which primarily includes the environment of hybrid war. The destructive impact of the social consequences of journalistic crimes on society is evident in the case of Ukraine, which has suffered in the past and to this day experiences the latest information manifestations of hybrid war. The proposition to criminalize the intentional spreading of false information in the media by journalists is discussed. The reasons, basis and conditions for such criminalization are analysed. The existence of criminalization grounds for such an offence is substantiated in the article. However, conclusions are drawn on the inappropriateness of such criminalization due to its non-correspondence with certain conditions associated with difficulties in adjudication and with the problem of proving this type of behaviour. Other means of counteracting the deliberate dissemination of false information are considered.
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Simeon, James C., and Joseph Rikhof. "Ending Exclusion from Refugee Protection and Advancing International Justice." Laws 11, no. 4 (August 8, 2022): 61. http://dx.doi.org/10.3390/laws11040061.
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In any utopic vision of the international refugee protection regime at least these two conditions ought to prevail: (1) all those who are genuinely in need of refugee protection will be granted international protection; (2) all those who are responsible for criminality, especially, serious international crimes, shall be held criminally liable. This presumes that the so-called “exclusion clauses” of the 1951 Refugee Convention, Article 1F, and those found in the regional refugee rights instruments (1969 OAU Convention, 1984 Cartagena Declaration, 2011 EU Qualifications Directive) are not required. No one would be excluded from refugee protection who meets the definition of refugee as found in these international refugee rights instruments. By the same token, anyone who is responsible for serious criminality, especially, serious international crimes, (as defined by the 1998 Rome Statute of the International Criminal Court) shall be held criminally liable. This serves the ideal of bringing an end to impunity for serious international criminality and ensuring everyone is held accountable for their contribution for the persecution of others. Accordingly, the first part of this article presents the thesis that serious criminality should be part of the inclusionary portions of the definition of who is a refugee and not its exclusionary portions, Article 1F of the 1951 Refugee Convention. Indeed, Article 1F, it is argued, is antiquated and no longer conforms to contemporary international norms and principles and can result in injustices to refugee applicants. Given the inherent complexity and difficulties with Article 1F and the fact it is no longer required, it can be repealed and Article 1A(2), the definition of who is a refugee, can be amended to not include anyone who is responsible for the commission of serious criminality. Moreover, when there is sufficiently reliable and trustworthy evidence that a refugee applicant is responsible for serious criminality then they can be prosecuted and by doing so both ending impunity for serious international crimes and advancing international justice can be achieved. The second part of the article is a commentary on the first part and raises a word of caution. The thesis of this part is that before adopting any radical solution with respect to the exclusion clause, it would be useful to provide a broader context to the issues raised. The commentary raises some questions regarding the underlying assumptions in the first part, specifically, in its examination of the human rights and international criminal justice framework. These questions are on three levels, namely conceptual, legal, and practical. The commentary concludes with some overarching observations in respect to the criticisms raised and the proposal submitted.
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El Zeidy, Mohamed. "Egypt and Current Efforts to Criminalize International Crimes." International Criminal Law Review 5, no. 2 (2005): 247–66. http://dx.doi.org/10.1163/1571812054127835.
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Fontanaud, Daniel. "1. Criminalité organisée." Revue internationale de droit pénal 77, no. 1 (2006): 193. http://dx.doi.org/10.3917/ridp.771.0193.
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Bachmann, Sascha-Dominik, and Gerhard Kemp. "AGGRESSION AS “ORGANIZED HYPOCRISY?” – HOW THE WAR ON TERRORISM AND HYBRID THREATS CHALLENGE THE NUREMBERG LEGACY." Windsor Yearbook of Access to Justice 30, no. 1 (February 1, 2012): 233. http://dx.doi.org/10.22329/wyaj.v30i1.4365.
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Modern threats to international peace and security from so called “Hybrid Threats”, multimodal threats such as cyber war, low intensity asymmetric conflict scenarios, global terrorism etc. which involve a diverse and broad community of affected stakeholders involving both regional and international organisations/structures, also pose further questions for the existing legacy of Nuremberg. The (perhaps unsettling) question arises of whether our present concept of “war and peace”, with its legal pillars of the United Nations Charter’s Articles 2(4), 51, and the notion of the criminality of waging aggressive war based on the “legacy” of Nuremberg has now become outdated to respond to new threats arising in the 21st century. This article also serves to warn that one should not use the definition of aggression, adopted at the ICC Review Conference in Kampala in 2010, to repeat the most fundamental flaw of Nuremberg: ex post facto criminalisation of the (unlawful) use of force. A proper understanding of the “legacy of Nuremberg” and a cautious reading of the text of the ICC definition of aggression provide some markers for purposes of the debate on the impact of new threats to peace and security and the use of force in international law and politics.Les menaces modernes à la paix et à la sécurité internationales, par exemple les menaces dites « hybrides », les menaces multimodales comme la cyberguerre, les conflits asymétriques de faible intensité et le terrorisme mondial, qui impliquent un groupe vaste et diversifié d’intervenants provenant de structures et d’organismes régionaux ou internationaux, remettent en cause l’héritage du procès de Nuremberg. Se pose également la question (peut-être troublante) de savoir si la notion actuelle de « guerre et paix » ancrée juridiquement dans le paragraphe 2(4) et l’article 51 de la Charte des Nations Unies et la criminalisation de la guerre d’agression fondée sur l’« héritage » du procès de Nuremberg demeure encore pertinente en ce qui concerne la réponse aux menaces du 21e siècle. Le présent article sert également à prévenir qu’il ne faut pas utiliser la définition du terme « crime d’agression » adoptée à la Conférence de révision du Statut de Rome (ayant instauré la Cour pénale internationale (CPI)), qui a eu lieu à Kampala en 2010, pour reproduire la lacune la plus fondamentale du procès de Nuremberg : la criminalisation a posteriori du recours (illégal) à la force. Une compréhension adéquate de l’héritage du procès de Nuremberg et une lecture prudente de la définition du terme « crime d’agression » de la CPI fournissent des balises au débat sur l’incidence des nouvelles menaces à la paix et à la sécurité, ainsi qu’à l’utilisation de la force en politique et en droit internationaux.
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Indrastuti, Lusia, Doris Rahmat, and Doris Rahmat. "Scope And Standards Of The Double Criminality Principle In Extradition Agreements." International Journal of Educational Research & Social Sciences 3, no. 1 (February 20, 2022): 217–24. http://dx.doi.org/10.51601/ijersc.v3i1.266.
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The purpose of this research is to study the consistency and suitability between a law and other laws or between laws and regulations relating to the application of the double criminality principle to corruption. The research was conducted with a normative juridical research type with a statute approach. The legal approach is carried out by examining international conventions, laws and regulations related to the double criminality principle. This approach is necessary for The results of the study are an argument to solve the problems that exist in the formulation of the problem. For this reason, researchers need to find the legal ratio and ontological basis of international laws and conventions. The legislative and ontological ratios will be used as the basis for conceptualizing the implementation of the double criminality principle in the future.
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Kotzamani, Panagiota. "Corporate Criminality and Individual Criminal Responsibility in International Law: Removing the Hurdles from the International Criminal Court’s Approach to Perpetration through Control of a Collective Entity." International Criminal Law Review 20, no. 6 (November 27, 2020): 1108–37. http://dx.doi.org/10.1163/15718123-bja10011.
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Abstract This article discusses the International Criminal Court’s (icc) understanding of the notion of collective criminality and its application in identifying the perpetrators of international crimes committed through the activities of a corporation. It analyses the Court’s current approach to the notion of control in interpreting Art. 25(3)(a) of the icc Statute and explains why it cannot prove useful against individuals within non-state collective entities. In this direction, it suggests a more flexible theory of control and it applies it in the context of corporate criminality to identify the responsibility of company directors as perpetrators of international crimes through their corporation’s activities.
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Dubuy, Mélanie. "Le Conseil de sécurité, le terrorisme international et la gangstérisation." Questions internationales N° 125, no. 3 (July 1, 2024): 93–99. http://dx.doi.org/10.3917/quin.125.0093.
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Gangstérisation et terrorisme entretiennent des liens étroits. Depuis la création de l’Organisation des Nations Unies, plusieurs de ses organes et instruments juridiques ont été consacrés à la lutte contre les multiples aspects de la criminalité internationale. Le système de sécurité collective de l’ONU, dont le Conseil de sécurité est la cheville ouvrière, est également au cœur de la lutte contre le terrorisme international. Les nombreuses résolutions du Conseil de sécurité, adoptées notamment après les attentats du 11 septembre 2001, ont visé tant à la prévention et à la répression de ce fléau qu’à encourager la coopération entre États. Son action a toutefois été critiquée, notamment au regard du respect des droits de l’homme .
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Liman, Arthur L., and Elliott Abrams. "Criminal or Criminalized?" Foreign Policy, no. 92 (1993): 174. http://dx.doi.org/10.2307/1149152.
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Olesiuk-Okomska, Magda. "INTERNATIONAL CRIMES WITHIN THE JURISDICTION OF INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS." International Journal of Legal Studies ( IJOLS ) 2, no. 2 (December 29, 2017): 71–84. http://dx.doi.org/10.5604/01.3001.0012.2220.
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Although in international law responsibility traditionally had belonged to states, along with involvement of individuals in conflicts between states and committing by them crimes on a massive scale, a need to criminalize such acts and to bring offenders guilty of the most serious violations of international law to justice - arose. Establishment of international criminal courts resulted from the need to fulfill internationally the idea of justice. Development of international criminal courts reflects differences in inter alia attitude towards ratione materiae of particular courts and tribunals. The purpose of this article is to present and discuss international crimes within the jurisdiction of international criminal courts and tribunals. A typology of international criminal courts was indicated and the most important courts and tribunals were presented in detail. The paper discusses subject jurisdiction of International Military Court in Nuremberg and International Military Tribunal for the Far East in Tokio, the first international courts established to bring war criminals to justice; as well as the subject jurisdiction of the International Criminal Court, the only permanent court in international criminal court system, having universal jurisdiction. Four categories of the most serious crimes of international concern were considered, and doubts concerning subject jurisdiction of the International Criminal Court, as well as its functioning in general, were signalized.
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Watin-Augouard, Marc. "La cybercriminalité, criminalité sans frontière." Administration N° 279, no. 3 (October 4, 2023): 93–95. http://dx.doi.org/10.3917/admi.279.0093.
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La cybercriminalité connaît une croissance inquiétante en raison du comportement des prédateurs qui bénéficient d’un rapport gain/risque pénal nettement plus favorable que celui qui s’attache à la criminalité classique. En outre, les délinquants profitent de l’effet de frontière qui est un obstacle pour les Etats en raison de la limitation territoriale de leur souveraineté et donc de leur capacité à agir contre des auteurs agissant depuis l’étranger. La coopération internationale se développe par le biais notamment de la Convention de Budapest, mais se heurte au fait que les États « cybervoyous » sont précisément ceux qui ne l’ont pas ratifiée. De son côté, l’Union européenne a pour ambition de hisser le niveau de cybersécurité des États membres. Le dernier règlement e-Evidence facilite un accès rapide aux preuves numériques qui conditionne le succès des enquêtes.
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Hristov, Jasmin, and Karen Spring. "Violencia paramilitar en sectores económicos clave en Honduras: el brazo violento del «desarrollo»." Estudios Críticos del Desarrollo 11, no. 21 (November 24, 2021): 199–245. http://dx.doi.org/10.35533/ecd.1121.jh.ks.
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Classified as one of the countries with the highest incidence of homicide and femicide in the world, Honduras has been revealed as a flashpoint for violence perpetrated by the drug cartels and gangs. However, to reduce the problem of violence to simply «criminality» is inexact because it focuses upon the symptoms, to the detriment of the core causes, and which drives increasing involvement in the Armed Forces and the Police, bodies that are responsible for grave violations of human rights. At its core lies a foundation of political violence —that is, the violence and repression against the defenders of the earth, environment, and human rights— those who search for alternatives to agro-industrial, mining and infrastructure projects. Over the past decade, state and non-state actors, such as paramilitaries, have perpetrated violence in the service of capital. Paramilitary violence is functional for the large-scale accumulation of capital in agro-industry, tourism, mining and energy; it also drives the imposition of neoliberal reforms in land management, education and health. Paramilitary violence in the service of local and international corporations has occurred within a militarized context that extends state violence to repress and criminalize social movements. Honduras stands out as one of the four countries in Latin America with the highest levels of violence and criminalization, interrelated phenomena.
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Ivert, Anna-Karin, and Mia-Maria Magnusson. "Drug use and criminality among unaccompanied refugee minors: a review of the literature." International Journal of Migration, Health and Social Care 16, no. 1 (November 8, 2019): 93–107. http://dx.doi.org/10.1108/ijmhsc-05-2019-0050.
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Purpose Organisations working with children have acknowledged that unaccompanied refugee minors (URM) across Europe are exposed to environments and situations that put them at risk for becoming addicted to drugs or becoming involved in crime. The purpose of this paper is to study an examination of existing international research concerning URM and of whether, and if so how, issues relating to drug use and criminality among these children are discussed in the international literature. Design/methodology/approach A literature review was conducted using PsycINFO, PubMed, Sociological abstracts and ERIC databases, which together cover the social and behavioural science and also medicine. Findings Findings from the present review show that the issues of drug abuse and criminality among URM are rarely acknowledged in the international research literature. When the occurrence of substance abuse and/or criminality is discussed, it is often in relation to mental health problems and in terms of self-medication, i.e. that alcohol or drugs are used by the URM to cope with painful experiences or mental health problems, and also with the challenges of integrating into a new society, difficulties finding work, unsuitable living conditions and a lack of social support. Originality/value This review shows that several researchers have emphasised that untreated mental health problems, stressful living conditions and a lack of support and control might put these children at risk for substance abuse and criminality, and this suggests a need for further research in this area.
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Capone, Francesca, and Marco Longobardo. "Introduction." International Criminal Law Review 21, no. 4 (May 3, 2021): 617–21. http://dx.doi.org/10.1163/15718123-bja10056.
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Abstract The predicted expansion of international law ultimately resulted in the imposition on States of several and far reaching obligations to criminalise certain offences, in order to, inter alia, uniform States’ criminal law framework to the maximum extent possible. The aim of the special issue is to provide a forum to discuss the many and multifaceted aspects connected to obligations of domestic criminalisation, using Italy as a case study. The special issue is divided in three sections, addressing, respectively, broad issues of general application, Italy’s implementation of obligations to criminalise conducts amounting to international crimes, and further ambits of analysis (i.e. gender based violence, cyber crimes against minors and corruption).
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Dragaj, Arsim, and Alban Maliqi. "APPLICATION OF THE LAW AND PREVENTION OF ECONOMIC CRIME IN KOSOVO." Knowledge International Journal 30, no. 6 (March 20, 2019): 1491–95. http://dx.doi.org/10.35120/kij30061491d.
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The issue, which we will be treated economic criminality and its features. Economic criminality, as a shaft theme, will be analyzed in several respects. In this paper of doctoral degree will be treated the economic criminality, which in the criminal code of Kosovo is defined as a criminal offense against the economy. Some of the criminal offenses against the economy will be analyzed along with their general and specific characteristics and will also be treated the penalties foreseen for these criminal offenses. Especially will be treated thee factors and causes that influence the occurrence of this criminality separately. Economic criminality has a degrading effect on the contemporary social system and regulation of the state. This kind of criminality as such as it is, poses a threat to Kosovo's stability and international stability, so the limits of the extent of economic criminality, we can say, there are not the country's borders. In Kosovo, economic criminality continues to be a very present and very negative phenomenon that is trying to emulate the development and consolidation of the state of Kosovo. The damage that comes as a result of economic criminality is far greater than any expense incurred for combating and preventing this phenomenon. Economic criminality is a dangerous phenomenon for society, as this kind of criminality is affecting the economic system and the economic and social relations of the country. Since the title of this issue is "The Forms and Causes of Economic Crime in Kosovo for the Period 2008-2011", so for the purpose of recognizing the presence and presence of this kind of criminality in Kosovo will be presented a criminal offense economic crime for the period from 2008 to 2017. In continuance there will be treated the procedural aspect and the role of the competent bodies for prosecuting, preventing and combating economic criminality such as the police, the prosecution and the court.
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Nadir Babazade, Turkan. "Avropa İttifaqında çirkli pulların yuyulmasına dair cinayət qanunu müddəalarının uyğunlaşdırılması." SCIENTIFIC RESEARCH 10, no. 6 (June 27, 2022): 43–47. http://dx.doi.org/10.36719/2789-6919/10/43-47.
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Beginning with the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna Convention), states agreed to establish anti-money laundering (AML) measures in their domestic law for drug-related offenses. The criminalization of money laundering was considered a necessary weapon in the fight against money laundering and its predicate offences. In addition, efforts by the FATF and other international instruments for encouraging countries to criminalize money laundering continued to spread across the world. This article focuses on the process of criminalization and the extent to which the anti-money laundering regime concern to the repressive measures in fighting money laundering criminality. Key words: money laundering, predicate offences, harmonization, money laundering offences, corruption Türkan Nadir qızı Babazadə Avropa İttifaqında çirkli pulların yuyulmasına dair cinayət qanunu müddəalarının uyğunlaşdırılması Xülasə BMT-nin 1988-ci il tarixli “Narkotik vasitələrin və psixotrop maddələrin qanunsuz dövriyyəsinə qarşı mübarizə haqqında” Konvensiyasında (Vyana Konvensiyası) başlayaraq, dövlətlər narkotiklərlə bağlı cinayətlər üçün öz daxili qanunlarında çirkli pulların yuyulmasına qarşı (AML) tədbirləri müəyyən etməyə razılaşdılar. Çirkli pulların yuyulmasının kriminallaşdırılması çirkli pulların yuyulmasına və onun əsas hüquqpozmalarına qarşı mübarizədə zəruri silah hesab edilirdi. Bundan əlavə, FATF və digər beynəlxalq sənədlərin ölkələri çirkli pulların yuyulmasını cinayət hesab etməyə təşviq etmək səyləri bütün dünyaya yayılmağa davam etdi. Bu məqalədə diqqət kriminallaşma prosesinə və çirkli pulların yuyulmasına qarşı mübarizə rejiminin çirkli pulların yuyulmasına qarşı cinayətkarlıqla mübarizədə repressiv tədbirlərə nə dərəcədə diqqət yetirdiyinə yönəlmişdir. Açar sözlər: çirkli pulların yuyulması, predikativ cinayətlər, uyğunlaşdırılma, pulların yuyulması əməlləri, korrupsiya
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Murray, Kenneth. "The uses of irresistible inference." Journal of Money Laundering Control 14, no. 1 (January 4, 2011): 7–15. http://dx.doi.org/10.1108/13685201111098842.
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PurposeThe purpose of this paper is to assert that the exclusive use of predicate offence as a means of proving money laundering is an inadequate response to the level of threat presented by the crime. It aims to promote the concept of “irresistible inference” from UK case law as a basis for establishing international consensus that this provides an alternative and possibly more effective means of prosecuting the crime.Design/methodology/approachThe paper considers academic research into the incidence of money laundering and the effectiveness of anti‐money laundering measures; it considers the efficacy of current UK legislation on money laundering; assesses legal views on recent developments in UK case law relating to the concept of “irresistible inference”; identifies what “irresistible inference” looks like and asserts its practical value as an alternative basis for proving criminality of funds in money laundering prosecutions.FindingsAn effective international response to the increasing threat to international institutions posed by money laundering requires development of new approaches to proving criminality of funds. The use of irresistible inference as an alternative to predicate offence, however, requires development of the international understanding of what it looks like in order that relevant policy makers and legal decision makers can deploy it with confidence so that it is able to make the significant contribution to the international effort against money laundering it is capable of.Practical implicationsTo facilitate the necessary international consensus, it may be necessary in some jurisdictions to amend legislation where it currently relies on predicate offence for the prosecution of money laundering cases.Social implicationsA failure to effectively combat international money laundering implies acceptance of an attitude of complacency in the face of increasing exposure to levels of threat in the form of political and social corruption, organized crime and terrorism that ought to be unacceptable to the international community.Originality/valueInternational acceptance of “irresistible inference” as a means of proving criminality in money laundering cases would deliver a radically more hostile environment for international money launderers. This paper is designed to open up thinking along these lines across international borders.
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Kuzmin, Yury A. "THEORETICAL ASPECTS OF CRIME PREVENTION." Oeconomia et Jus, no. 3 (September 28, 2020): 40–47. http://dx.doi.org/10.47026/2499-9636-2020-3-40-47.
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The problem of criminality prevention is being updated. The relevance of issues related to crime prevention as the main factor of criminality prevention in general is substantiated. The essence of criminality prevention is in implementation of the law's educational function. Its mission is not in punishment, but in fostering anti-criminal cogitative-behavioral “in-stincts” of a personality. Criminality prevention should be based on certain universally rec-ognized international and national principles aimed at decriminalizing the identity of poten-tial criminals. Crime theory is a whole system of modern scientific knowledge, forms and methods (historical, socio-political, psychological, medical, legal, economic, etc.). The urgency of the research is caused by the fact that in the conditions of the Russian re-ality criminality is the most serious form of a social disease, in the “treatment” of which there are no universal and final remedies. There are only means to stabilize it, to minimize, to reduce it, etc. It is really utopian to remain on its complete eradication by state-legal means. However, the latter is very relevant for society, the state, the citizen. The problem of criminality prevention is notable for its complex and multifaceted character. Therefore, the state has applied and is now applying all available civilized means of its social and legal control. Effective criminality prevention requires improved law en-forcement activities, namely, focusing on identifying, researching, analyzing the main as-pects of criminality prevention, as well as on characterization and evaluation of the crim-inality prevention system in modern conditions, taking into account domestic and foreign experience. Various methods for prevention of crimes and offenses are analyzed. Criminality preven-tion must be understood as a specific direction in the state activity to affect the causal set of illegal behavior and conditions conducive to it, which results in the reduction, stabilization, quantitative reduction and qualitative mitigation of crime.
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Sugrue, Rory. "Exclusion and Refoulement: Criminality in International and Domestic Refugee Law." International Journal of Refugee Law 35, no. 4 (December 1, 2023): 510–13. http://dx.doi.org/10.1093/ijrl/eeae008.
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Williams, Sharon A. "The Double Criminality Rule Revisited." Israel Law Review 27, no. 1-2 (1993): 297–309. http://dx.doi.org/10.1017/s0021223700016964.
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Extradition law and process is the complex vehicle for the return by one state of accused or convicted fugitives from the criminal justice of another state. From an international law perspective, it is for the most part, a treaty matter bearing on the rights and duties of states and the emphasis is on inter-state cooperation, reciprocity and mutuality of obligations. However, it is also part of the domestic criminal law process and as the result will be the potential or actual deprivation of the liberty or even the life of the fugitive, if the requesting state retains the death penalty, today extradition is seen as necessarily protecting the human rights of the fugitive.The focus of this article is on the protection given to the fugitive by the double or dual criminahty rule under the extradition law of Canada. Two major issues will be analyzed. Firstly, whether the crime for which the extradition request is made by the foreign state is an extraditable crime meeting the requirement of double criminality and secondly, whether the extradition judge in Canada is mandated to inquire into and seek evidence of the foreign criminal law.
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Pella, Vespasian V. "La criminalité de la guerre d’agression et l’organisation d’une répression internationale." Revue internationale de droit pénal Vol. 86, no. 3 (November 30, 2015): 851–92. http://dx.doi.org/10.3917/ridp.863.0851.
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Maas, Sophia. ""They Are Taking Everything Away from Us": Land Dispossession and the Criminal Selectivity of Indigenous Communities versus International Agricultural and Extractive Firms in Argentina." Interdependent: Journal of Undergraduate Research in Global Studies 3 (2022): 49. http://dx.doi.org/10.33682/tkm4-k7jc.
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This article examines how the Argentine state's inadequate mediation of the relationship between indigenous communities and international agricultural and extractive companies results in criminal selectivity in terms of territorial rights. This article focuses on the Mapuche community's struggle against the Italian Benetton Group in Patagonia to demonstrate that indigenous communities are over-criminalized and international companies are under-criminalized. Instead of utilizing a criminology perspective to explore how the criminal selectivity process is carried out, this article investigates the genesis of this dynamic from a historical perspective by employing Jacques Derrida's concept of hauntology. The sources of this research include journal articles, newspapers, and published reports. As the global discourse about indigenous territorial rights expands in the academic context, it is pertinent to acknowledge and address historic patterns of subjugation in order to effectively initiate transformative progress.
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Kogovšek Šalamon, Neža, Mojca Frelih, and Tjaša Učkar. "Criminality of Prostitution Abuse." Politička misao 60, no. 4 (December 21, 2023): 61–81. http://dx.doi.org/10.20901/pm.60.4.03.
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The article is based on an empirical socio-legal analysis of criminal court case files concerning prostitution abuse in Slovenia. Based on the theoretical framework developed by Petra Östergren, the authors analyse whether the Slovenian regulatory system on sex work is repressive, restrictive or integrative. The paper explores how the courts define “abuse” and “exploitation” of prostitution, how the participation of third parties in sex work activities is dealt with by the courts, how the vulnerability of sex workers is treated, and how the existence of consent is considered before the courts. The paper examines the files for moral arguments, stereotyping, and stigmatisation, as well as references to occupational risks in the field of sex work and sex workers’ rights. In the conclusions the authors argue that in Slovenia the characteristics of the restrictive model, with elements of both repressive and integrative, prevail.
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Vylegzhanin, A. N., and R. A. Kantur. "Responsibility for Offences against Internationally Protected Persons: Contemporary Legal Aspects." Kutafin Law Review 10, no. 4 (January 12, 2024): 747–87. http://dx.doi.org/10.17803/2713-0533.2023.4.26.745-787.
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The article examines complex legal aspects of the problem of responsibility, when it comes to offences against internationally protected persons (OIPP). The article reveals that, depending on the international legal qualification of the offence, OIPP can be qualified as either an ordinary crime (the one prosecuted under domestic law following the participation of the State in the relevant international conventions the key of which is the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents) or an international crime when it is a violent act against the protected person committed in the situation of an armed conflict. The authors argue that notwithstanding the fact that both cases entail individual criminal responsibility of the delinquent, individual criminal responsibility for OIPP as an ordinary crime occurs to the extent in which a State party to a relevant international convention has provided for punishment in its national legislation for the conduct criminalized thereby. At the same time, with regard to OIPP as a war crime, the article highlights that the commission of OIPP engenders the right to exercise universal jurisdiction under customary international law and the obligation to exercise quasiuniversal jurisdiction under the “Geneva law” for the purpose of bringing delinquents to justice. In the meantime, the most controversial issue is the question of international legal responsibility of a State in cases of OIPP. It is argued that such responsibility can arise, when OIPP is a war crime committed by a State agent or a non-State actor effectively controlled by the State, as well as when it fails to undertake necessary measures to ensure personal inviolability of protected persons in violation of diplomatic law, or in situations of the denial of justice.