Academic literature on the topic 'Victims of crimes Legal status'
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Journal articles on the topic "Victims of crimes Legal status"
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Shum, S. S. "CONSOLIDATION OF THE LEGAL STATUS OF VICTIMS OF VIOLENT CRIMES IN INTERNATIONAL LEGAL ACTS." Juridical scientific and electronic journal, no. 5 (2021): 292–96. http://dx.doi.org/10.32782/2524-0374/2021-5/68.
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Foroughi, Fazlollah, and Zahra Dastan. "Victim’s Right of Access to International Criminal Courts." Journal of Politics and Law 10, no. 1 (December 29, 2016): 279. http://dx.doi.org/10.5539/jpl.v10n1p279.
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Due to quantitative expansion and evolution in committing the crime at the international level, the scope of criminal proceedings has been widened significantly. Tolerance and forgiveness towards crimes that happen at international level not only is a double oppression on the victims, but also provide a fertile context for others to commit crimes more daringly. Thus, it is essential that international criminals are held accountable to the law and competent institution, and the realization of this issue leads to the victim satisfaction in international law. Not only in international law, but also in domestic law, show respect and protection of human rights is effective only when there is an effective justice system to guarantee the rights. Although some international crimes practically occur by the government or at least high-ranking government officials, the Statute of the International Criminal Court has reiterated this point that they only have jurisdiction over the crimes committed by natural persons rather than legal entities, which one good example is governments, and although the real victims of these crimes have been human beings, in the case of action and referring the case to the competent international courts, these are the states (rather than the victims) that actually have the right of access to the authorities and not beneficiaries .Thus, at the first step, we should see whether the Court has jurisdiction over the crime committed by the government and whether people can file an action independently in the International Criminal Court or not? When people, rather than governments, are beneficiaries in some international crimes, why only the government and not the people is the plaintiff? And what is the right of the victim in such category of crimes? Accordingly, the current research seeks to examine these rights and restrictions, and relevant limitations.
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Aivazova, Olga, Galina Vardanyan, and Irina Smirnova. "On Criminal Procedure and Criminalistic Measures of Counteracting Crimes Against Legal Entities." Russian Journal of Criminology 15, no. 1 (March 9, 2021): 98–105. http://dx.doi.org/10.17150/2500-4255.2021.15(1).98-105.
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The article discusses some aspects of proving in cases of crimes against legal entities. The criminalistic description of the victim represented by a legal entity determines specific details of applying criminalistic and criminal procedure measures aimed at the identification, investigation, detection and prevention of such crimes. Under the current Criminal Procedure Code of the Russian Federation, one of the elements of ordering criminal proceedings is the protection of rights and legal interests of organizations that became victims of crimes. Part 1 of Art. 42 of the Criminal Procedure Code of the Russian Federation details this guideline for the first time by giving legal entities, viewed as independent subjects of criminal procedure legal relations, the right to be recognized as victims of criminal actions if the crime inflicted damage on their property or business reputation. Nevertheless, the imperfections in the regulation of legal entities’ participation in criminal proceeding, and the insufficient attention to the specifics of realizing their rights and legal interests in comparison with the physical persons of a similar procedural status give rise to numerous problems. The complex of such problems has a negative impact on the effectiveness of investigating this category of crimes and, as a consequence, on the ability of criminal proceedings to produce the intended result. The literal interpretation of Part 1, Art. 42 of the Criminal Procedure Code of the Russian Federation points out that the consequences of such crimes must include the infliction of two types of damage simultaneously — «to property and to business reputation», which can hardly be considered a good definition from the standpoint of juridical technique. Quite naturally, the investigation and court practice shows that law enforcers, while collecting proof on the character and size of damage inflicted on legal entities as a result of a crime, usually limit themselves to proving material damage, and even this damage is not proven in full (the common omission being losses of expected income). As for the damage inflicted on business reputation of a legal entity, its establishment during criminal proceedings is still problematic and, in practice, there is usually a gap in proving it. The authors point out that incomplete character of evidentiary information regarding the infliction of damage on the business reputation of legal entities is inadmissible and present their recommendations for resolving this problem, including the use of specialist knowledge and the improvements in the tactics of specific investigatory actions aimed at obtaining criminalistically relevant information on the case.
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Chkheidze, Hela. "PREVENTION OF CRIMINAL OFFENSES COMMITTED AGAINST FOREIGNERS AS AN OBJECT OF CRIMINOLOGICAL RESEARCH." Law Journal of Donbass 77, no. 4 (2021): 134–42. http://dx.doi.org/10.32366/2523-4269-2021-77-4-134-142.
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The article describes the migration processes that significantly affect crime, outlines the current state and the main trends of this phenomenon; the complex of questions concerning etiological and phenomenological features and regularities of commission of criminal offenses concerning foreigners in Ukraine is considered; study of the nature, tendencies and features of victimization and victimhood of foreigners; prevention of such illegal actions. A set of theoretical and practical issues related to the development of organizational and legal measures to combat crime against foreigners is covered. Foreigners are a specific object for criminological research. They are less likely than nationals to commit crimes, but are more likely to be victims of criminal encroachment. In 70 % of criminal offenses against foreigners there are pronounced victimogenic factors. Considering the peculiarities of the processes of victimization and victimization of foreign citizens in Ukraine, it is worth talking about the existence of a victim-generating multifactorial complex, which determines the specifics of such encroachments, based on the characteristics of victim status at both individual and group levels. The specificity of the process of victimization of foreigners is due to the specifics of its status, which is the most victimized and is characterized mainly by a low level of education; awareness of being abroad or staying illegally in the host country; ignorance of the requirements of the current legislation of the host country; language barrier; low sense of social justice and self-esteem; group and individual conformity in an anonymous way of life; ethnopsychological features; distrust of state bodies; social maladaptation of the individual. Such factors determine the specifics of the process of individual and group victimization. Implementation of scientific and developed methods, the study of victims of crimes and victimological prevention of crimes is, of course, not the only way of practical application of victimological knowledge.
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Yosepin Simbolon, Nanci, and Madyasah Ablisar. "The prevention of child trafficking crimes and its legal reform." E3S Web of Conferences 52 (2018): 00033. http://dx.doi.org/10.1051/e3sconf/20185200033.
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The news about human trafficking especially children in Indonesia is increasing both domestically and across borders. The crime also includes in the form of labor smuggling, immigrant smuggling, slave trade, women and children. One of the most serious and very complex issues is the impact it has on and directly related to the child’s fate. In 2016, the Ministry of Women Empowerment and Child Protection reported, there were 943 victims of human trafficking reported in 65 the media. Separately, the Indonesian Child Protection Commission officially identifies 307 child trafficking victims. It remains unclear whether these two processes lead to an investigation or provision of protection to victims. This research uses normative research method to find out the prevention of child trafficking crime and form of legal renewal about child trafficking. This study states that the prevention of child trafficking victims is by prevention, prosecution to traffickers, and protection measures against victims. In addition, there needs to be a renewal of criminal law which should also focus on the protection of victims of trafficking in persons so as to provide opportunities for victims to gain their rights.
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Alexander Yurevich, Epihin, Zaitsev Oleg Aleksandrovich, Grishina Ekaterina Pavlovna, Mishin Andrey Viktorovich, and Aliyeva Gulnar Isaevna. "INTERNATIONAL LEGAL PROTECTION OF JUVENILE VICTIMS (CHILD VICTIMS) FROM CRIME." Humanities & Social Sciences Reviews 7, no. 5 (October 20, 2019): 687–91. http://dx.doi.org/10.18510/hssr.2019.7583.
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Purpose: The article considers legal issues relating to the international legal standards and principles for the protection of child victims from crime, the current problems of implementing these norms in the legislative process of modern Russia.
Methodology: In the process of writing the article, we actively used dialectical, comparative, formally logical, inductive and deductive methods.
Result: The policy provisions on the legal status of child victims of crime are enshrined in the international regulatory documents, on the basis of which different legal institutions of national criminal procedure law are formed. The states that recognize prescriptions of an international nature assume the obligation to legally certify such models of criminal proceedings, in which not only the rights of children recognized as victims would be ensured but the principles of the presumption of innocence, competition, humanity, justice, which are the most important legal guarantee of the rights of the accused, would be observed.
Applications: This research can be used for universities, teachers, and students.
Novelty/Originality: In this research, the model of the International legal protection of juvenile victims (child victims) from crime is presented in a comprehensive and complete manner.
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Ahmedi, Sulejman. "The Distinctive Legal Features of Crimes Against Humanity." European Journal of Interdisciplinary Studies 2, no. 2 (April 30, 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, no. 2 (April 30, 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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STEGMILLER, IGNAZ. "Legal Developments in Civil Party Participation at the Extraordinary Chambers in the Courts of Cambodia." Leiden Journal of International Law 27, no. 2 (February 13, 2014): 465–77. http://dx.doi.org/10.1017/s0922156514000028.
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AbstractFor the first time in the history of international criminal justice, victims of mass crimes have been granted the status of so-called ‘civil parties’ at the Extraordinary Chambers in the Courts of Cambodia (ECCC). This status grants them – at least theoretically – the right to participate in the proceedings as a formal party with broad participatory rights similar to the those of the defence and the prosecution. While the ECCC is exemplary in how it has addressed the issue of victims’ participation, practical necessities and judicial skepticism have led to significant changes in the civil party mechanism and continuously constrained participatory rights. First, changes in the ECCC's Internal Rules have significantly altered the original civil party mechanism and led to a form of victim participation similar to the one practised at the International Criminal Court (ICC), thus departing from the true meaning of a partie civile. Judicial decisions by the ECCC's judges, as well as changes in the Internal Rules, have abrogated the strong civil party mechanism that was originally anticipated in Cambodian criminal procedure law. Second, the practical challenges surrounding victim participation have been enormous. The Court itself was struggling due to lack of funding and lack of prioritization of a meaningful outreach program for victims and civil parties. The ECCC's Public Affairs Section (PAS) and the Victims Support Section (VSS) held the responsibility of reaching out to the general Cambodian population. However, it was Cambodian NGOs that ultimately established a collaborative outreach system and collected more than 8,000 Victim Information Forms (VIFs). All these efforts notwithstanding, only political willingness and a Cambodian discussion of how to deal with the vast number of perpetrators beyond a handful of criminal trials, can lead to a process of coming to terms with one's past.
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Pyaskovskyy, V. V. "TACTICAL PECULIARITIES OF QUESTIONING UNDERAGE VICTIMS OF VIOLENT CRIMES." Theory and Practice of Forensic Science and Criminalistics 15 (November 30, 2016): 90–96. http://dx.doi.org/10.32353/khrife.2015.10.
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The article deals with general tactical conditions of questioning underage victims during the investigation of violent crimes. It suggests considering this investigation action with regard to peculiarities of persons who committed these crimes, or persons related to them, as well as their day-to-day activity; the availability of information about the events that preceded, coincided or followed the crime; determination of the origin of facts and their interrelationship, their temporal and locational properties. The experience of law enforcement officers of many European states shows that skillful communication with the underage victims of violent crimes may considerably contribute to solving tasks of legal proceedings in a specific criminal case. The article claims that a successful investigation action (questioning) where an underage is involved requires attention to a number of points: the choice of the venue and time of the questioning, the form of interaction between the investigator and the underage; the extent of the investigator’s interaction with parents (custodians) of the underage participant; the number of people present.
Dissertations / Theses on the topic "Victims of crimes Legal status"
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Robalo, Teresa Lancry de Albuquerque e. Sousa. "O estatuto da vitima de crimes e o princípio da presunção de vitimização =The crime victim's statute and the principle of presumption of victimization." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3959545.
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Von, Bonde Johannes Christian. "Redress for victims of crime in South Africa: a comparison with selected Commonwealth jurisdictions." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/640.
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In terms of the Constitution every person has the right to freedom and security of the person. This includes the right to be free from all forms of violence from either public or private sources. The state is charged with the duty to protect the individual from such harm. While the Constitution refers to the protection of victims of crime in broad and general terms without indicating how these rights should be protected, it makes meticulous and detailed provision for the rights of arrested, detained and accused persons. This leads to the popular belief that the Constitution protects the criminal and not the victim, engendering public dissatisfaction with the status quo, which is amplified by the fact that South Africa’s current legal dispensation for victims of crime does not embody the requirements of ubuntu and African customary law, which the Constitution declares to be binding on South African courts. This study analyses the means that exist in South African law for the victim of crime to obtain redress for criminal acts and proposes effective avenues through which victims can obtain redress, should the existing machinery prove to be inadequate. The term restitution is used to indicate recompense obtained from the perpetrator, while the term compensation refers to recompense obtained from the state. A comparative study is conducted to ascertain how the legal position of victims of crime in South Africa compares with that of victims of crime in Great Britain, India and New Zealand, respectively. South Africa does not have a state-funded victim compensation scheme such as those which exist in most developed countries. The respective proposals of the South African Law Commission for a victim compensation scheme and revised legislation to deal with offender/victim restitution are considered critically, inter alia, in the light of the findings of the comparative study. Proposals are made regarding changes to the South African legal system to bring it in line with international developments regarding restitution and compensation to victims of crime, attention being given to the meaning, significance and implementation of the doctrine of restorative justice when dealing with the aftermath of criminal injury. In addition to a complete revision of South African legislation dealing with offender/victim restitution, this study recommends the consolidation of the Road Accident Fund and the Compensation Fund operating in terms of the Compensation for Occupational Injuries and Diseases Act. These two bodies should be amalgamated to create a unified Compensation Scheme to compensate victims of crime, as well as victims of traffic and industrial injuries. General qualifying criteria for claimants would be drafted, with specific criteria applying in cases of traffic, industrial and crime related injuries, respectively.
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Bullock, Audrea Michelle. "CHILD TESTIMONY AND THE LEGAL DEFINITION OF CHILDHOOD IN EIGHTEENTH-CENTURY LONDON." Miami University / OhioLINK, 2004. http://rave.ohiolink.edu/etdc/view?acc_num=miami1088608012.
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Ndzengu, Nkululeko Christopher. "The war againts organised crime: a critical assessment of South African asset forfeiture law and its impact on redress for victims of crime." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/905.
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This research will be undertaken in the field of both criminal and civil law with particular focus on international interventions in the fight against organized criminal activities, assets forfeitsure in South Africa in general and its treatment of victims of the underlying forfeitsure crimes ("the victims") in assert forfeitsure, more specifically.
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Fourie, Melanie. "Prosecuting sexual abuse of children : enhancement of victims rights vs protection of constitutional fair trial rights." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50431.
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Thesis (LLM)--Stellenbosch University, 2005.ENGLISH ABSTRACT: In 2002 the South African Law Commission published a report in which amendments to the existing rules of criminal procedure and evidence were proposed. A number of these recommendations have since been included in a Bill that was tabled before Parliament in 2003. The proposed amendments largely reflect values which underlie the "Victims' Rights" movement. The aim of this thesis is to consider the possible influence of these amendments on the constitutionally guaranteed fair trial rights of the accused. The study focuses on those amendments that play a role in the prosecution of alleged sexual offences against children, and shows that although the recognition of victims' rights is important, it should not be done at the expense of a fair trial. Dangers inherent to the proposed amendments are therefore highlighted. The rights of the accused are used to test the desirability or not of the proposed amendments. Foreign authority is used to support the argument made in the thesis.
AFRIKAANSE OPSOMMING: In 2002 het die Suid-Afrikaanse Regskommissie 'n verslag gepubliseer waann veranderings aan die huidige strafprosesreg- en bewysregreëls voorgestel word. 'n Aantal van hierdie voorgestelde wysigings is intussen opgeneem in 'n Wetsontwerp wat in Augustus 2003 voor die Parlement gedien het. Die voorgestelde wysigings reflekteer tot 'n groot mate waardes wat die "Victims' rights" beweging onderlê. Die doel van hierdie tesis is om die moontlike invloed van hierdie wysigings op die grondwetlik verskanste billike verhoor regte van die beskuldigde te ondersoek. Die ondersoek fokus op daardie veranderinge wat 'n rol speel in die vervolging van beweerde geslagsmisdade teen kinders. Daar word aangetoon dat alhoewel die erkenning van regte vir slagoffers belangrik is, dit nie ten koste van 'n regverdige verhoor gedoen kan word nie. Gevare verbonde aan die voorgestelde wysigings word dus uitgewys. Die regte van die beskuldigde word deurgaans gebruik om die wenslikheid al dan nie van die voorgestelde wysigings aan te toon. Buitelandse gesag word aangewend om die betoog te ondersteun.
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Dezallai, Amanda. "Réflexions sur les statuts de victime en droit international pénal." Thesis, Orléans, 2011. http://www.theses.fr/2011ORLE0003.
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À ce moment charnière où les T.P.I. accomplissent leurs Stratégies d’achèvement et où la C.P.I. va rendre son premier jugement, il est essentiel de faire un point sur le droit international pénal et particulièrement sur les statuts de victime selon ce droit. En effet, ceux-ci symbolisent les tenants et aboutissants de l’ensemble du droit international pénal. Tantôt oubliée, tantôt sacralisée, la victime ne laisse pas indifférent, et encore moins lorsqu’elle a subi un crime international. Sa reconnaissance a d’ailleurs bouleversé l’économie générale du droit international pénal qui lui accorde une place de plus en plus grande. Une étude approfondie des droits des différentes juridictions permet de constater qu’il n’y a pas un mais plusieurs statuts de victime. La pluralité de ces statuts réside dans l’existence de plusieurs qualités juridiques de victime et de plusieurs régimes juridiques applicables à celle-ci. L’analyse des différents facteurs de cette pluralité donne lieu de voir qu’elle est une force et non une faiblesse du droit international pénal. Elle est la voie médiane entre le rejet de la considération des victimes comme une masse informe et leur impossible prise en compte individuelle. Mais, comme pour le statut du particulier en droit international public général, l’équilibre est parfois difficile à trouver et les statuts sont perfectibles. C’est pourquoi, des propositions d’enrichissements des statuts de victime sont faites et, pour chacune d’entre elles, il est observé si elle est réalisable et souhaitable. Un système de justice pénale internationale serait en construction. La victime pourrait finir par trouver une place en son sein qui satisferait l’ensemble des protagonistes de la répression des crimes internationaux, y compris et surtout, les ÉtatsWhile the ICT carry out their Completion Strategies, the ICC will soon pronounce its first decision. At this point, itis important to assess international criminal law and especially victim’s status according to this law. Actually, theysymbolise the ins and outs of international criminal law. Once forgotten, once sacralised, the victim never leavesus indifferent, above all a victim of international crimes. His or her recognition has deeply altered internationalcriminal law, which now gives him or her an increasing place. Studying the laws of the international criminal courtsshows that there is not one status but several status of victim. This plurality comes from the fact that there areseveral legal characterisations of victim and several legal conditions. The analysis of the different factors leadingto this multiplicity of legal status enables us to envision this legal diversity as a power of international criminal law,rather than one of its weaknesses. It is the middle way between considering victims as a shapeless, undefinedand undifferentiated crowd and considering each victim individually. But, as with the status of private persons ininternational public law, reaching and keeping a well-balanced status is difficult ; and these are perfectible andcan be improved. This is the reason why some suggestions for the enrichment of the different status are madeand, for each of them, there is a thorough questioning and analysis of whether it is feasible and desirable. As aninternational criminal justice system is under construction, the victim could find a place in it which would satisfy allthe protagonists of the legal proceedings against international crimes, including and particularly States
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McCormick, Cameron Anthony. "Get mad, stay mad : exploring stakeholder mobilization in the instance of corporate fraud and Ponzi schemes." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Management, c2011, 2011. http://hdl.handle.net/10133/3248.
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Using a multi-case study, three Ponzi schemes were investigated: Road2Gold, Bernie
Madoff’s empire, and the Earl Jones affair. This grounded study used an inductive
bottom-up methodology to observe and describe stakeholder mobilization in reaction to
corporate fraud. This research on stakeholder behaviour in Ponzi schemes articulates
new theory for describing stakeholder behaviour and possible determinants for successful
mobilization to action. The data presented here point to a useful distinction in the
stakeholders in a corporate fraud: reluctant and engaged stakeholders. Reluctant
stakeholders seek only interest-based ends, whereas engaged stakeholders have additional
identity and ideological goals shared by a mobilized group.viii, 85 leaves : ill. ; 29 cm
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Viljoen, Charmell S. "Secondary victimisation in the court procedures of rape cases : an analysis of four court cases." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53584.
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Thesis (MPhil)--Stellenbosch University, 2003.ENGLISH ABSTRACT: Violence against women is a serious offence. Emotional and physical abuse can happen to our daughters, sisters and wives. Rape is a form of violence against women. It violates a woman's privacy, dignity and it makes her feel as if she has lost control. The criminal justice system is there to protect the citizens of a country and this protection should extend to women when they have been violated. The criminal justice system has different structures, for example the courts, medical services and police services. The staff of the criminal justice process do not have an inherent duty to care about rape survivors but they can be trained to treat survivors with consideration and sympathy to counteract the effects of the rape and secondary victimization experienced by rape survivors. It is important that there are guidelines for the staff of the criminal justice system to assist them in rape cases. This thesis explores whether women experience secondary victimisation during court proceedings. To assess whether it occurs, court transcripts were analysed with a focus placed on the background of the court case and the verdicts of the judges. Findings indicate that secondary victimisation do occur during court cases. Rape survivors feel as if they are on trial and not the rapist. Survivors furthermore believe that they will have to live with the label that they had been raped and humiliated. The thesis recommends that officials of the criminal justice process should receive extensive training, and looks at the Sexual Offences Court in Wynberg as an example of an improved system for rape survivors. It is recommended that the procedures of the Sexual Offences Court should be evaluated on a regular basis to address secondary victimisation problems that may persist. Communication is very important during the rape trial. The rape survivor has to be informed about her case and about the location of the rapist at all times.
AFRIKAANSE OPSOMMING: Geweld teen vroue is 'n ernstige oortreding wat plaasvind in ons samelewing. Emosionele en fisiese geweld kan gebeur met ons dogters, vroue en susters. Hierdie vorm van geweld laat vroue voel asof hulle beheer verloor oor hulle lewens en dit het ook 'n impak op hul self respek en selfbeeld. Die Kriminele Sisteem van Suid Afrika is daar om die belange van sy inwoners te beskerm. Dit het verskillende afdelings byvoorbeeld, die mediese dienste, die polisie en die hof verrigtinge. Die lede van die Kriminele Sisteem werk met verskillende individue wat voel dat die hof die uitweg sal wees wat geregtigheid sal laat geskied. Die lede van die Kriminele Sisteem het nie 'n persoonlike verantwoordelikheid teenoor die verkragtings oorlewendes nie, maar hulle moet sensitiwiteit en empatie betoon teenoor die dames wat verkrag was. Die gedrag van die personeel speel 'n groot rol in terme van hoe die vrou wat verkrag was die aangeleentheid verwerk. Die fokus van die studie is om te kyk of vroue wel sekondêre viktimisering ervaar wanneer hulle besluit om voort te gaan met die hofsake. Hof transkripsies was gebruik om te kyk of vroue wel benadeel word. Daar was gekyk na die uitsprake van die regters sowel as die agtergrond van die hofsaak. Daar was bevind dat sekondêre viktimisering wel plaasvind gedurende die hof verrigtinge. Vroue voel asof hulle verantwoordelik is vir die verkragting wat met hulle gebeur het. Die verkragter word nie gesien as die persoon wat oortree het nie. Hierdie gevoelens van self blamering vorm deel van sekondêre viktimisering wat veroorsaak dat vroue sommige kere voel om nie verder te gaan met die hof saak nie. Die verskillende lede van die Kriminele Sisteem moet gedurig opleiding verkry wat hulle in staat sal stel om die gevoelens van die slagoffers in ag te neem. Die howe wat spesiaal opgerig is om verkragting sake te verhoor moet geevalueer word sodat dit 'n sukses kan wees. Kommunikasie moet bevorder word tussen die verskillende departemente en nie -regerings organisasies wat 'n rol speel gedurende die hof sake.
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McDonald, A. M. "Rights to legal remedies of victims of serious violations of international humanitarian law." Thesis, Queen's University Belfast, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273093.
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Close, Josepha. "The international legal status of amnesties granted for serious crimes : historical and contemporary perspectives." Thesis, Middlesex University, 2016. http://eprints.mdx.ac.uk/19059/.
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Amnesties have been used from time immemorial as instruments of pacification and reconciliation in the aftermath of periods of war and civil strife. They have continued to be issued around the globe at a relatively steady rate in recent years, generally as a means to facilitate the return of peace after an armed conflict or a transition to democracy following repressive rule. The inherent effect of amnesties being to extinguish liability for criminal acts, they have come under increasing international scrutiny in the past quarter-century as a consequence of the development of a global accountability policy. Although there is no international convention explicitly prohibiting the grant of amnesty for serious crimes, there has been a growing tendency to consider that amnesty laws covering perpetrators of grave crimes are contrary to international law. The present study investigates this question by examining whether a norm prohibiting amnesties applying to serious crimes has emerged under international law. The first part of the study is expected to bring an original contribution to knowledge by replacing amnesty in its historical context, something that has only been cursorily done in the literature. It retraces the origin of amnesty as a pacification and reconciliation mechanism and explores ancient amnesty traditions having arisen in different parts of the world. It then examines the evolution of the traditional practice of granting general amnesties at the end of European wars up to the early twentieth century and, in parallel, of the notion that the perpetrators of certain grave crimes incur liability under international law and should be punished, rather than amnestied, in the aftermath of armed conflicts. The second part aims to contribute to the existing literature by analysing the specific question of whether international law prohibits the grant of amnesty for serious crimes. While several studies have considered how amnesty laws can be designed to meet international accountability and human rights standards, this research examines the extent to which unlimited amnesty laws may be regarded as invalid or ineffective. Through an analysis of primary sources, it seeks to determine whether international legislation, the practice of states, the policy of international organisations and the case-law of international courts support the view that amnesties extending to grave crimes are prohibited by international law or are ineffective in preventing the prosecution of such crimes.
Books on the topic "Victims of crimes Legal status"
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C, Davis Robert. Securing rights for victims: A process evaluation of the National Crime Victim Law Institute's victims' rights clinics. Santa Monica, CA: RAND, 2009.
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G, Tibbetts Stephen, ed. Victims and victimization. Prospect Heights, Ill: Waveland, 2002.
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Larson, Nancy A. Helping crime victims: A guide for victim/witness advocates. South Hadley, MA: D.A. Larson Foundation, 1997.
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Victims' rights: A reference handbook. Santa Barbara, Calif: ABC-CLIO, 1997.
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Chi, Keon S. Fair-treatment for victims of crime: South Carolina's victim's bill of rights. Lexington, Ky: Council of State Governments, 1987.
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Chi, Keon S. Fair-treatment for victims of crime: South Carolina's victim's bill of rights. Lexington, Ky: Council of State Governments, 1987.
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Victims' rights: A complete guide to crime victim compensation. Clearwater, FL: Sphinx Pub., 1994.
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Śreshṭha, Śaṅkarakumāra. Premises for the victims of crime. Kathmandu: Pairavi Prakashan, 2012.
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Wilson, Debra J. The complete book of victims' rights. Highlands Ranch, Colo: ProSe Associates, 1995.
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Wolhuter, Lorraine. Victimology: Victimisation and victims' rights. New York: Routledge-Cavendish, 2008.
Find full textBook chapters on the topic "Victims of crimes Legal status"
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Pavoni, Riccardo. "A Plea for Legal Peace." In Remedies against Immunity?, 93–117. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_5.
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AbstractThis chapter advocates legal peace between Germany and Italy as the most sensible and appropriate way to deal with the aftermath of Sentenza 238/2014 of the Italian Constitutional Court and its declaration of the unconstitutionality of the 2012 International Court of Justice (ICJ) Judgment in Jurisdictional Immunities. This plea does not only arise from frustration with the current impasse but also from the suspicion that the public good of legal peace has never seriously been canvassed by the Italian and German governments. Section II takes stock of the legal developments relating to the dispute between Germany and Italy since Sentenza 238/2014 was delivered. It especially focuses on the attitudes of the governments concerned, both in the context of the ongoing proceedings before Italian courts and elsewhere. It finds such attitudes opaque and unduly dismissive of the necessity to devise legal peace in the interest of the victims and of the integrity of international law. Section III highlights how the behaviour of the governments so far was at odds with the successful outcome of other intergovernmental negotiations concerning reparations for crimes committed during World War II (WWII), a process which has not been entirely finalized, as evidenced by the 2014 Agreement between the US and France on compensation for the French railroad deportees who were excluded from prior French reparation programmes. The Agreement between the US and France and all previous similar arrangements were concluded under mounting pressure of litigation before domestic courts against those states (and/or their companies) that were responsible for unredressed WWII crimes, thus a situation resembling the current state of the dispute between Germany and Italy. It is telling that litigation ended when the courts took cognizance of the stipulation of intergovernmental agreements establishing fair mechanisms for compensating the plaintiffs and victims of the relevant crimes. Such practice, therefore, is essentially in line with the proposition that state immunity (for human rights violations) is essentially conditional on effective alternative remedies for the victims. This and other controversial aspects related to the law of state immunity—such as the nature of state immunity, the North American remedies against immunity for state sponsors of terrorism, and the persistent dynamism of pertinent practice—are revisited in section IV. The purpose is to suggest that certainty about the law of international immunities, as allegedly flowing from the 2012 ICJ Judgment, is more apparent than real and that this consideration should a fortiori urge the realization of legal peace in the German–Italian affair.
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Boggero, Giovanni, and Karin Oellers-Frahm. "Between Cynicism and Idealism: Is the Italian Constitutional Court Passing the Buck to the Italian Judiciary?" In Remedies against Immunity?, 281–309. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_15.
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AbstractIn this chapter we focus on the consequences of Sentenza 238/2014 for the Italian judiciary. The judgment of the Corte Costituzionale obliges the Italian tribunals to admit claims for the reparation of victims or the heirs of victims and to decide on the merits. In this context, a series of difficult legal questions arise that require consistent answers. The practice shows, however, that consistent answers cannot be taken for granted as long as the decision is in the hands of lower-level tribunals. The questions to be solved concern, firstly, who can bring a claim: the victims only or—in cases where they are no longer alive—also their spouses, children, or even grandchildren and other family members? This raises a second question namely whether there is any time limit for bringing claims, which of course touches upon more general concerns, such as intertemporal law, statutory limitations, prescriptions, forfeiture and inadmissibility due to reparation agreements. Thirdly, there is the question as to the specific nature of the reparations: for example, financial reparations and their calculation standards, or satisfaction only? A further question arising from all decisions granting reparation relates to the execution of the judgments, as it seems rather illusory that Germany will comply voluntarily with such judgments. An additional aspect the chapter addresses is the broader impact of the decisions of the Italian judiciary: the non-recognition of state immunity before Italian tribunals will make Italy an attractive forum for similar claims, evidence of which has already emerged. Furthermore, the decisions of the tribunals will serve—although certainly involuntarily—as precedents in similar cases not only in Italy. Such effects will concern issues such as (a) the reparation of war-related claims on an individual basis and (b) their consequences for the readiness of states to terminate armed activities by concluding peace treaties and reparation agreements on a lump sum basis. With a view to actual armed conflicts that are mostly not international armed conflicts the question has then to be asked (c) whether individual reparation claims will lead to discriminatory consequences as reparation will probably only be realizable for victims of war crimes committed by state organs and not those committed by non-state actors. The chapter will then conclude by trying to assess more in general the task of constitutional and/or supreme courts to balance the consequences flowing from their decisions against their power or intent to enhance the development of (international) law.
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Kelly, Michael J. "The Status of Victims Under the Rome Statute of the International Criminal Court." In Victims of International Crimes: An Interdisciplinary Discourse, 47–66. The Hague, The Netherlands: T. M. C. Asser Press, 2013. http://dx.doi.org/10.1007/978-90-6704-912-2_4.
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Palchetti, Paolo. "Right of Access to (Italian) Courts über alles? Legal Implications Beyond Germany’s Jurisdictional Immunity." In Remedies against Immunity?, 39–53. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_2.
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AbstractThe main consequence of Sentenza 238/2014 is that Germany has been denied jurisdictional immunities before Italian courts. However, the inflexible conception of the right of access to courts adopted by the Corte Costituzionale gives rise to a number of questions that go well beyond the issue at stake in Judgment 238/2014. First, there is the issue of whether the right of access to justice should also prevail over the international customary rule on immunity from execution. Secondly, one may ask whether the need to protect the right provided by Article 24 of the Italian Constitution could trump the criteria established by Italian law for exercising civil jurisdiction in order to allow access to justice in respect to all international crimes, even those committed outside Italian territory and involving individuals having no link to Italy. Finally, there is the question of whether a sacrifice of the right of access to justice would be justified if alternative, non-judicial means of redress were available to the victims; in particular, whether an alternative means of redress should in any case ensure to each and every individual victim full compensation or whether instead, in light of the specific circumstances of the case—the fact that the crimes occurred in the course of an international armed conflict affecting hundreds of thousands of victims—such alternative means could provide only symbolic compensation based on a lump sum settlement. This chapter aims at exploring these and possibly other issues arising in connection to the broad interpretation of the principle of access to justice given by the Corte Costituzionale.
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Luther†, Jörg. "A Story of ‘Trials and Errors’ That Might Have No Happy End." In Remedies against Immunity?, 119–42. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_6.
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AbstractThe International Court of Justice (ICJ) and Italian Constitutional Court (ItCC) have created a deadlock between two diverging res iudicatae on state immunities and judicial remedies as well as a tension between two republics that do not share the same constitutional and international identities. In order to avoid a further spiralling of decisions, judges tried to promote the negotiation of ‘a happy outcome’ for a category of victims of war crimes that risk dying without being entitled to any compensation. This chapter analyses the general cultural context of ‘academic diplomacy’. Both state sovereignty and human solidarity could be maintained through a voluntary compensation for moral damages to the victims of massacres, deportation, and forced labour during World War II. The moral-responsibility approach suggested by the ICJ could be stronger than the legal-liability threat backed by the ItCC. A belated common solidarity funded by both German and Italian citizens and employers could be the best way out, but considering that many of the now elderly victims are approaching the end of their lifespans, it might be cynically too late. This could, paradoxically, help to remind the world of the injustices they suffered. Yet, on grounds of this tragic end, state immunity and fundamental rights might further be delegitimized in possible wars to come.
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"The Normative Basis for Victims' Rights and Their Status in the Criminal Justice Process." In Sexual Violence and Effective Redress for Victims in Post-Conflict Situations, 57–113. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-8194-9.ch003.
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In this chapter, the study moves from the legal basis upon which these crimes can be prosecuted to victim-oriented approaches in the criminal justice system. It critically examines the emerging trend of victims-centred approach in international criminal justice system and especially how developments in some domestic systems have informed the growing trend to address the needs of victims in international criminal justice. The discussion in this chapter indicates that the relatively new idea of justice for victims of international crimes suggests that the international criminal justice process should attend to victims' needs, thereby contributing in the rebuilding of war-torn communities. The author argues that while the relatively new victim-centred approach to international crimes remains a significant component of comprehensive victim-focused responses, the complex realties of victims of sexual violence in conflict situations provide a unique range of challenges in addressing the needs of victims in the context of international criminal justice system.
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Fletcher, George P. "Victims and Offenders." In The Grammar of Criminal Law, 123–50. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190903572.003.0006.
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This chapter assesses the role of victims and offenders in criminal cases. The victim is invisible in the definition of crime but omnipresent in the prosecution and sentencing of offenders. In the international legal order, in particular, the victim is front and center, both in the International Criminal Court (ICC) and in lawsuits under the Alien Torts Claim Act. Crime is typically defined by the actions of the offender, and the victim is an incidental consequence. There are many victimless crimes, such as those in the sexual and reproductive arena, which in the United States at least are no longer subject to prosecution on constitutional grounds. The argument for decriminalization is the privacy of the offender, but privacy of the victim can, paradoxically, become an argument for criminalization under the right to a private life codified in the European Convention on Human Rights. The chapter also looks at the duality of victimhood.
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Mawby, Rob. "Violent crime and tourists." In Tourism and Crime. Goodfellow Publishers, 2010. http://dx.doi.org/10.23912/978-1-906884-14-7-1282.
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Given limitations of space, this chapter is restricted to a conventional legal definition of violent crime as involving harm or the intent to harm. Even using this restricted definition, though, violence can take many forms, varying for example according to motive or the extent of injury. Perhaps for this reason, evidence of an overall relationship between tourism and victimisation is less clear-cut than in the case of property crime. This chapter therefore focuses on three scenarios which involve tourists as the victims of violent crime: - Teens and 20s holidays; - Homicide, especially but not exclusively against backpackers; - Politically motivated attacks against tourists and tourist centres. Using the model introduced in the previous chapter, it is argued that disproportionate risk might be explained in terms of: rewards, victim status, guardianship and accessibility.
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Frey, Barbara A. "Conceptualising Disappearances in International Law." In Disappearances in the Post-Transition Era in Latin America, 37–62. British Academy, 2021. http://dx.doi.org/10.5871/bacad/9780197267226.003.0003.
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Enforced disappearance is one of the most serious crimes, prohibited across several regimes of international law, including human rights, humanitarian law and criminal law, yet Latin American governments and officials frequently avoid legal accountability for these violations. The dynamics of disappearances in post-transitional democracies call for a reconceptualisation of the international human rights framework, by reconsidering the meaning of state acquiescence. This chapter argues that a relevant and effective framework must embrace a contextual analysis and foreground the positive obligations of states to search and investigate these crimes, using generally accepted principles found in due diligence jurisprudence to measure the legal adequacy of the state’s responses to reported disappearances. Stretching the legal framework is necessary to disrupt the benefits of impunity, which violate the rights of victims, allow disappearances to thrive, and harm societies by hiding the truth.
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Mulvey, Antonia. "Using International Criminal Law to Curb Discriminatory Practices Against Females." In Gender and International Criminal Law, 265—C10.N130. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198871583.003.0011.
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Abstract A number of discriminatory acts and practices against females are ordered or tolerated by many states. These might include domestic or family violence, as well as harmful practices such as female genital mutilation (FGM). This chapter discusses the broader potential of the crimes against humanity category to address state-ordered or tolerated regimes of discrimination against females in peacetime, using FGM as a case study. This chapter seeks to redefine FGM as the crime against humanity of torture in some contexts. In doing so, it looks to reshape the way the legal community, and society more generally, considers and responds to FGM. It also explores the potential benefits to the international community, society and victims of redefining FGM and other discriminatory practices as torture.
Conference papers on the topic "Victims of crimes Legal status"
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Susanti, Heni, and Syafrinaldi. "Legal Protection for Victims of Trafficking Crimes from Human Rights Aspect." In The Second International Conference on Social, Economy, Education, and Humanity. SCITEPRESS - Science and Technology Publications, 2019. http://dx.doi.org/10.5220/0009104301950201.
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Saeed Ghafoor Ahmad, Kosar, and Amanj nasih qadir omer. "Prosecuting the perpetrators of the Camp Speicher crime according to Iraqi laws or the jurisdiction of the International Criminal Court." In Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/45.
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"This work includes talking about the crime of Camp Speicher, in which 1,700 students of the Iraqi army of the Sheea creed were killed by the gangs of the terrorist organization ISIS, with the aim of eliminating the members of this sect because of the misleading ideology carried by those gangs. On 6-12-2014, Iraqi soldiers at Camp Speicher (Speicher Air Base) in Tikrit were subjected to murder and enforced disappearance by terrorist organizations because of their affiliation to the Sheea creed. This crime was among a series of brutal crimes for the genocide of Sheeas in Iraq. This is similar to what happened in the Badoush prison crime in the province of Mosul, which the Iraqi Parliament considered it as a crime of genocide, in which these gangs executed about (400) members of the prison inmates of the Sheea component. After ISIS took control of the city of Tikrit in Iraq, and one day after they took control of the city of Mosul, they captured (2000-2200) soldiers and led them to the presidential palaces in Tikrit, and they shot them there and in other areas and buried some of them alive. This disaster had a negative impact on the families of the victims of the Speicher where they went out in demonstrations demanded that the leaders who handed over the victims of Speicher to ISIS must be prosecuted, and in one of the demonstrations they managed to enter Parliament and demanded that the leaders who handed over Speicher to ISIS be held accountable. After that, many demonstrations took place by the families of the victims, some of which led to the closure of a bridge in Baghdad a few times Protesting the government's delay in clarifying the fate of their children or taking quick measures. The Iraqi parliament and government recently considered the Speicher incident “genocide” in reference to the premeditated murder of Badoush Prison inmates in Nineveh Governorate and the unarmed Speicher military base, the premeditated murder of members of the Albu Nimr, Jabour, al-Lahib, and al-Ubaid tribes, and the killing and displacement of civilians from Kurds, Christians, Yazidis and Shabaks in Sahel Nineveh, Sinjar, deliberate killing and displacement of Turkmens in Tal Afar and Bashir. This decision paves the way for obtaining international recognition from it as a ""genocide"" as stipulated in the Contract of the United Nations in 1948, and Iraq signed it in the fifties of the last century. This study attempts to explain the Al-Ikhnasas Court in looking into the crimes of genocide committed by ISIS against the bereaved students of the Air Force Base (Speicher) due to what this issue raised from the national and international public opinion, especially after the involvement of the Iraqi army leaders in this massacre, according to what witnesses reported in that area and what was reported by soldiers who survived the incident, in addition to the involvement of some members of the Sunni tribes in these crimes with the terrorist organization ISIS. The importance of this study lies in the following aspects: - That ISIS elements were tried according to Anti-Terrorism Law No. 13 of 2005, and from our point of view that the aforementioned law is vague and broader than it should be, and it applies to serious and simple crimes from murder to crimes of sabotage, and the list of crimes punishable by the death penalty according to the aforementioned law is a long list and spacious. - The Iraqi government has embarked on an attempt to develop a legal framework to prosecute ISIS elements, and its mission focused on understanding the procedures and results drawn from those judicial efforts, and its mission also focused on showing the efforts taken by the Iraqi government to address violations in the field of the right to life, including those committed by affiliated forces government as well as other international and domestic actors. The International Criminal Court is specialized in considering specific crimes under Article (5) of its Statute, which are war crimes, aggression and crimes against humanity, which necessitates the adaptation of Speicher's crime within any of the mentioned types of crimes. The assumption of the International Criminal Court in relation to the Speicher crime, includes several positive matters and results at the same time a set of negatives, which must be presented to those positives and negatives in order to give preference between them and the choice of authorizing the court to consider the crime or not. The terrorist organization ISIS has committed serious systematic violations, including war crimes and others, and perhaps those that are not under its control, and that none of these crimes can be addressed within the anti-terrorism law, which cannot address human rights violations. The international community has recognized the heinous violations committed by ISIS against the citizens of Iraq by adopting Resolution (2370) in September of 2017, issued by the Security Council, which authorizes the Security Council to appoint an investigation team to support local efforts to hold ISIS elements accountable by collecting and preserving evidence in Iraq, which can rise to a high level, and it was committed by the elements of the organization. It considers that the decision constitutes a burden and an obligation on Iraq to investigate all allegations of violations committed by government forces for the purpose of holding them accountable, as well as requiring the establishment of special courts and trained judges in relation to ISIS crimes to deal with them. Terrorism is a global curse that has recently spread horizontally to all countries of the world and its effects have been concentrated vertically in some countries, and no one denies that the parties to this phenomenon are increasing (perpetrators and victims) and the United Nations in particular and the international community in general has not succeeded in reducing it despite the fact that the resolutions of the UN Security Council It is increasing, but the proportionality is absent between these decisions and the practical reality. The phenomenon of terrorism is spreading rapidly, and the perpetrators of terrorist acts are on the rise, corresponding to an increase in the victims of terrorism. Also, the circumstances and events that Iraq is going through, especially after 2003, put it at the forefront of countries which suffers from terrorism that has killed the people, using methods and forms that were not previously known and brutal and bloody cruel. ) for the year 2005, and since terrorism was not limited to Iraq, but included many countries, and was not specific to a place or time, nor was it recent in terms of composition. In addition, the aforementioned law cannot be aware of all violations of international and humanitarian law, as we mentioned previously, which requires the necessity of referring the criminals to a competent court. The Court conducts its rule under Article (13) of its Statute when referred to it by a state party to the same system or by the Security Council or when the Public Prosecutor conducts the investigation on his own, and then how does the Court take its measures regarding the aforementioned crime if we take a look Considering that the State of Iraq is not a member of the Statute of the Court. The rule of the court is free from the death penalty, which makes the idea of authorizing the court to consider the crime rejected by most Iraqis, especially the families of the victims. What are the negative aspects of the Iraqi national judiciary’s view of the Speicher crime, and how can it be avoided if the International Criminal Court plays this role? What are the guarantees provided by the court in the event that it proceeds with its procedures regarding this crime? The research on this subject is according to the appropriate method, which is the analytical and comparative method, which works on studying and comparing topics by analyzing ideas and jurisprudential rulings, and the positions of the governments of countries and the United Nations, as well as the resolutions of the Security Council and the General Assembly, and comparing arbitration between Iraqi courts. And the international courts regarding the trial of the perpetrators of the Speicher base crime, and then come up with a set of conclusions and recommendations."
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Aziz Sadiq Kasnazany, Taib. "Prosecute and punish the perpetrators of sexual violence against Yazidis as a crime against humanity, even the possible genocide committed by ISIS." In Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/61.
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"Abstract On the 3rd of August 2014, ISIS fighters attacked the Sinjar region in northern of Iraq, mostly populated by Yazidis, a religious minority. In almost 3 days, most of the villages in the region were vacated and their residents captured. These events mark the beginning of a campaign of extreme violence that has left men and women apart. Adult men were massacred while girls and women were held for sale as sex slaves. More than 7 years after these events, no prosecution has been brought by International Criminal Court. States are unwilling to try their nationals guilty of crimes of genocide against the Yazidis. This paper aims to analyze the genocide of the Yazidis from the perspective of sexual violence and in particular to determine whether it can be considered to the status of genocide. The origins and legal sources of the genocide are first analyzed. This violence is then examined in the light of certain elements constituting the crime of genocide. Finally, the challenges to be met in the fight against impunity in International Criminal Court are mentioned in the conclusion."
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Ivanova, E. L. "ПСИХОЛОГИЧЕСКИЕ АСПЕКТЫ РАБОТЫ С ЛЮДЬМИ С «ТРАВМОЙ СВИДЕТЕЛЯ ГЕНОЦИДА», С ОПОРОЙ НА СОБЫТИЯ ВТОРОЙ МИРОВОЙ ВОЙНЫ." In ПЕРВЫЙ МЕЖКОНТИНЕНТАЛЬНЫЙ ЭКСТЕРРИТОРИАЛЬНЫЙ КОНГРЕСС «ПЛАНЕТА ПСИХОТЕРАПИИ 2022: ДЕТИ. СЕМЬЯ. ОБЩЕСТВО. БУДУЩЕЕ». Crossref, 2022. http://dx.doi.org/10.54775/ppl.2022.13.72.001.
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The Report is the response to the national movement aimed at the investigation of the events of the Soviet people’s genocide during the WW2, initiated by the president V.V. Putin. The recognition of the legal status of the genocide changes the identity of the people involved in the events including their relatives and descendants. The national movement on genocide investigation entails a change of the national identity. The change in the people’s consciousness may include recognition of the presence of mass psychological trauma due to those events. The beginning of work of the investigative and judicial authorities in this area is forming a public call for psychology (psychologists and psychotherapists) to form a theoretical, conceptual, methodological and practical apparatus to be used in the therapy with the people who were the victims of the genocide of the Second World War. Доклад является откликом на инициированное 20 ноября 2020 года президентом Путиным В.В. национальное движение по расследованию событий геноцида, которому подверглись советские граждане во время Второй мировой войны. Признание правового статуса событий геноцида влечет за собой изменение самосознания людей, причастных тем историческим событиям, а также их родственников и потомков. Национальное движение по расследованию событий геноцида влечет изменение национального самосознания людей. Изменение самосознания может включать признание наличия массовой психической травмы в связи с теми событиями, «травмы геноцида». С началом работы следственных и судебных органов в этом направлении закономерно формируется общественный запрос к психологии (психологам и психотерапевтам) на формирование теоретического, концептуального, методологического, практического аппарата для работы с людьми, пострадавшими от событий геноцида Второй мировой войны.
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أبو الحسن اسماعيل, علاء. "Assessing the Political Ideology in the Excerpts Cited from the Speeches and Resolutions of the Former Regime After the Acts of Genocide." In Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/2.
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If killing a single person is considered as a major crime that forbidden by Sharia and law at the international level and at the level of all religions and divine legislation, so what about the concept of genocide!! Here, not just an individual with a weak influence on society is killed, but thousands of individuals, that means an entire nation, a future, energy and human and intellectual capabilities that can tip the scales, and on the other hand, broken and half-dead hearts are left behind from the horrific scenes of killing they witnessed before their eyes, moreover, the massacres of genocide continues to excrete its remnants and consequences for long years and for successive generations, and it may generate grudges of revenge among generations that did not receive the adequate awareness and psychological support which are necessary to rehabilitate these generations to benefit from the tragedies and bitter experiences of life to turn them into lessons and incentives to achieve progress and advancement. Genocide is a deadly poison whose toxic effect extends from generations to others unless it is wisely controlled. Here the role of the international community and its legal, legislative and humanitarian stance from these crimes is so important and supportive. Genocide can be occurred on two levels: external and internal. As for genocide on the external level: this is what happened at the hands of foreign powers against a certain people for colonial and expansionist goals in favor of the occupier or usurper. There are many examples throughout history, such as the Ottoman and British occupations...etc Whereas genocide at the internal level, can be defined as the repressive actions that governments practice against their own people for goals that could be extremist, racist or dictatorial, such as t ""Al-Anfal"" massacre in 1988 carried out by the previous regime against the Kurds in the Kurdistan region. The number of victims amounted at one hundred thousand martyrs, most of them were innocent and unarmed people from children, women and the elderly, and also the genocide which was practiced against of the organizers of Al-Shaibania Revolution in 1991 was another example of genocide in the internal level. It is possible to deduce a third level between the external and internal levels, which is the genocide that is done at the hands of internal elements from the people of the country, but in implementation of external agendas, for example, the scenes of organized and systematic sectarian killing that we witnessed daily during (2007) and (2008), followed by dozens of bloody explosions in various regions throughout the capital, which unfortunately was practiced by the people of the country who were misguided elements in order to destabilize the security of the country and we did not know until this moment in favor of which external party!! In the three aforementioned cases, nothing can justify the act of killing or genocide, but in my personal opinion, I see that genocide at the hands of foreign forces is less drastic effects than the genocides that done at the hands of internal forces that kill their own people to impose their control and to defense their survival, from the perspective of ""the survival for the strongest, the most criminal and the most dictatorial. The matter which actually dragged the country into the abyss and the ages of darkness and ignorance. As for the foreign occupier, he remains an occupier, and it is so natural for him to be resentful and spiteful and to keep moving with the bragging theory of that (the end justifies the means) and usurping lands illegally, but perhaps recently the occupier has begun to exploit loopholes in international laws and try to gain the support of the international community and international organizations to prove the legitimacy of what has no legitimacy, in the end to achieve goals which pour into the interest of the occupiers' country and from the principle of building the happiness and well-being of the occupiers' people at the expense of the misery and injustice of other peoples!! This remains absolutely dehumanizing societal crime, but at least it has a positive side, which is maximizing economic resources and thus achieving the welfare of a people at the expense of seizing the wealth of the occupied country. This remains the goal of the occupier since the beginning of creation to this day, but today the occupation associated with the horrific and systematic killing has begun to take a new template by framing the ugliness of the crime with humanitarian goals and the worst, to exploit religion to cover their criminal acts. A good example of this is the genocide that took place at the hands of the terrorist organization ISIS, that contradictory organization who adopted the religion which forbids killing and considers it as one of the greatest sins as a means to practice the most heinous types of killing that contemporary history has witnessed!! The ""Spiker"" and ""Sinjar"" massacres in 2014 are the best evidence of this duality in the ideology of this terrorist organization. We may note that the more we advance in time, the more justification for the crimes of murder and genocide increases. For example, we all know the first crimes of genocide represented by the fall of Baghdad at the hands of the Mongol leader ""Hulagu"" in 1258. At that time, the crimes of genocide did not need justification, as they were practiced openly and insolently for subversive, barbaric and criminal goals!! The question here imposes itself: why were the crimes of genocide in the past practiced openly and publicly without need to justify the ugliness of the act? And over time, the crimes of genocide began to be framed by pretexts to legitimize what is prohibited, and to permit what is forbidden!! Or to clothe brutality and barbarism in the patchwork quilt of humanity?? And with this question, crossed my mind the following ""Aya"" from the Glorious Quran (and do not kill the soul that God has forbidden except in the right) , this an explicit ""Aya"" that prohibits killing and permits it only in the right, through the use of the exception tool (except) that permits what coming after it . But the"" right"" that God describes in the glorious Quran has been translated by the human tongues into many forms and faces of falsehood!! Anyway, expect the answer of this controversial question within the results of this study. This study will discuss the axis of (ideologies of various types and genocide), as we will analyze excerpts from the speeches of the former regime that were announced on the local media after each act of genocide or purification, as the former regime described at that time, but the difference in this study is that the analysis will be according to a scientific and thoughtful approach which is far from the personal ideology of the researcher. The analysis will be based on a model proposed by the contemporary Dutch scientist ""Teun A. Van Dijk"". Born in 1943, ""Van Dijk"" is a distinguished scholar and teaching in major international universities. He has authored many approved books as curricula for teaching in the field of linguistics and political discourse analysis. In this study, Van Dijk's Model will be adopted to analyze political discourse ideologies according to forty-one criteria. The analysis process will be conducted in full transparency and credibility in accordance with these criteria without imposing the researcher's personal views. This study aims to shed light on the way of thinking that the dictatorial regimes adopt to impose their existence by force against the will of the people, which can be used to develop peoples' awareness to understand and analyze political statements in a scientific way away from the inherited ideologies imposed by customs, clan traditions, religion, doctrine and nationalism. With accurate scientific diagnosis, we put our hand on the wounds. So we can cure them and also remove the scars of these wounds. This is what we seek in this study, diagnosis and therefore suggesting the suitable treatment "
Reports on the topic "Victims of crimes Legal status"
1
Emergency contraception as an element in the care of rape victims. Population Council, 1997. http://dx.doi.org/10.31899/rh1997.1013.
Full textAbstract:
In most states in Mexico, abortion is excluded as a crime in pregnancies resulting from rape. However, legislation does not specify the norms by which women can obtain a legal abortion, which makes it difficult to choose this alternative. A partial solution to unwanted pregnancies from rape would be to provide emergency contraception (EC). Psychologists were trained to provide information on EC to women who reported a rape at four public ministry agencies specialized in sexual crime. In addition, 11 medical backup referral centers were established. To scale up the strategy, workshops were provided to representatives from State Attorney General Offices and NGOs. The project’s main objective was to test the use of EC as an element in the care of rape victims in Mexico City. As noted in this report, objectives included testing the feasibility, acceptability, and effectiveness of providing information on EC to rape victims, and scaling up the strategy for providing EC as an element in the care of rape victims among Attorney General Offices of the different states of Mexico.