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1
Boot-Matthijssen, Machteld. "Genocide, crimes against humanity, war crime : "nullum crimen sine lege" and the subject matter juridiction of the International criminal court /." Antwerpen : Intersentia, 2002. http://catalogue.bnf.fr/ark:/12148/cb39070062m.
Testo completo
2
Cheung, Hok-wong. "The demand for reparations and the grievances of war crime victims in China /." View Abstract or Full-Text, 2002. http://library.ust.hk/cgi/db/thesis.pl?SOSC%202002%20CHEUNG.
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3
Turner, Duilia Mora. "Violent crime in post-civil war Guatemala: causes and policy implications." Thesis, Monterey, California: Naval Postgraduate School, 2015. http://hdl.handle.net/10945/45266.
Testo completoAbstract (sommario):
Approved for public release; distribution is unlimited<br>Guatemala is one of the most violent countries in Latin America, and thus the world. The primary purpose of this thesis is to answer the following question: what factors explain the rise of violent crime in post-civil war Guatemala? The secondary focus of this thesis is to identify the transnational implications of Guatemala’s violence for U.S. policy. Guatemala’s critical security environment requires the identification of causal relationships and potential corrective actions. This thesis hypothesizes that the causes of violent crime in post-conflict Guatemala are the combination of weak institutional performance and social factors. Determining that Guatemala is not a consolidated democracy, this thesis concludes that a flawed judicial system, inadequate police reform, and weak civil control over the armed forces have a direct causal effect on violent crime in Guatemala. Furthermore, an analysis of social factors demonstrates that these are not causal in nature but rather influential elements in the occurrence of violence.
4
Wenger, Mireille Mary. "The blurred lines between war and crime : the case of Colombia." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/16509.
Testo completoAbstract (sommario):
Thesis (MA)--Stellenbosch University, 2003.<br>ENGLISH ABSTRACT: This research assignment deals with the breakdown in the Clausewitzian concept of
the modern trinitarian structure of war. Martin Van Creveld in his book entitled, “The
Transformation of War” written in 1991, discusses ‘Future War’ and the way in which
wars will be fought. It will not be the highly technical interstate kind of war the West
has been preparing for, but rather low intensity conflict where the lines between state,
soldier and civilian become blurred, society becomes a war zone and the conflict
becomes a more direct experience for the people.
Colombia is a prime example of where this is occurring and the most salient
manifestation of the low intensity conflict is the blurring of the lines between war and
crime. There are left wing guerrillas fighting for social justice for the dispossessed
population, but their tactics resemble crime and the government views them as
terrorists. They run a self-sufficient organisation, one of the most profitable insurgent
groups in the world largely funded through kidnap ransom payments. The right-wing
paramilitaries are on a quest to cleanse Colombian society of the guerrillas and
assassinate suspected guerrilla sympathisers. To complicate issues, both insurgent
groups are involved in the drug trafficking trade, whether it be directly or by way of
taxing land on which coca is grown.
In this situation, war and crime have become inextricably linked and a distinction
between the two is impossible on both practical and conceptual levels. However, if it
is not crime and it is not war, but a complicated melange of the two, a new framework
for analysis is required in order to attempt a solution.<br>AFRIKAANSE OPSOMMING: Hierdie navorsingsprojek gaan oor die ineenstorting van die Clausewitziaanse begrip
van die moderne Trinitariese oorlogstruktuur. In sy boek, getiteld "The
Transformation of War" wat in 1991 geskryf is, bespreek Martin van Creveld die
'toekomstige oorlog' en die wyse waarop oorloë gevoer staan te word. Dit sal nie die
hoogs tegniese interstaatlike soort oorlog wees waarvoor die Weste hom voorberei
nie, maar eerder 'n lae intensiteitskonflik waar die lyne tussen die staat, soldaat en
burgerlike ineenvloei; die gemeenskap word 'n oorlogsone en die konflik word 'n
direkte ervaring vir die bevolking.
Kolombië is 'n goeie voorbeeld van waar dit besig is om plaas te vind en die mees
kenmerkende manifestasie van die lae intenstiteitskonflik is die vervloeiing van die
skeidslyne tussen oorlog en misdaad. Daar is linksgesinde guerrillas wat om sosiale
geregtigheid veg namens die onteiende bevolking, maar hul taktiek kom voor soos
misdaad; en die regering beskou hulle inderdaad as misdadigers. Hulle beheer 'n
selfversorgende organisasie, een van die winsgewendste versetsgroepe in die wêreld
wat tot 'n groot mate gefinansier word by wyse van ontvoering van mense, met die eis
van lospryse vir vrybetaling. Die regsgesinde paramilitêre groepe is op 'n sending om
die Kolombiaanse gemeenskap te suiwer van die guerrillas en bring vermeende
guerrilla simpatiseerders om die lewe. Om sake te kompliseer, is albei opstandsgroepe
betrokke in die dwelmsmokkelhandel, hetsy direk, of indirek by wyse van belasting
op die grond waarop coca gekweek word.
In hierdie situasie het oorlog en misdaad onteenseglik verweefd met mekaar geraak en
is dit nie moontlik om enige onderskeid tussen hulle te tref op hetsy die praktiese of
die konseptuele vlakke nie. Indien dit dan nie oorlog is nie en ook nie misdaad nie,
maar wel 'n ingewikkelde verweefdheid van die twee, dan word 'n nuwe analitiese
raamwerk vereis om te poog om 'n oplossing te vind.
5
Blum, Timothy. "Profits Over Patriotism: Black Market Crime in World War II Sydney." Thesis, Department of History, 2011. http://hdl.handle.net/2123/7985.
Testo completoAbstract (sommario):
This thesis examines the multi-faceted phenomenon of black market crime in World War II Sydney. Using previously classified archives, coupled with oral sources and newspaper articles I provide a complete survey of this phenomenon. As a concept the black market was a social construct with a level of stigma attached to offenders that would not exist in peace time. This was moral policing. I begin by discussing the relationship between the geography and morals of the city. Both women and men in Sydney related to the black market differently. I outline and evaluate the official response to the problem. I also examine broader community attitudes in relation to this issue. The research provided here should form the basis for a more comprehensive understanding of white-collar crime and the moral regulation of behaviour.
6
Pugh, Michael C. "Crime and Capitalism in Kosovo¿s Transformation." International Studies Association, 2005. http://hdl.handle.net/10454/4182.
Testo completoAbstract (sommario):
yes<br>In the context of a fragile political and security situation, an ambiguous legal constitutional status and an imprecise and contested balance of power between international `protection¿ and local ownership, academic and practitioner strategies in Kosovo have emphasized human protection, military security and public law and order. However, Kosovo is also a site of contention between economic norms. On the one hand, the external agencies have attempted to impose a neoliberal economic model, rooted in the 1989 Washington consensus on developmentalism. On the other hand, Kosovars have clung to clientism, shadow economic activities and resistance to centrally-audited exchange.
7
Clay, Andrew Michael. "The dramatization of professional crime in British film 1946-1965." Thesis, De Montfort University, 2003. http://hdl.handle.net/2086/4076.
Testo completo
8
Allum, Felia Skyle. "The Neapolitan Camorra : crime and politics in post-war Naples (1950-92)." Thesis, Brunel University, 2000. http://bura.brunel.ac.uk/handle/2438/5085.
Testo completoAbstract (sommario):
In the post-war period, Italy has been plagued by different forms of organised crime (such as the Sicilian Mafia, the Neapolitan Camorra, the Calabrian 'Ndrangheta and the Pugliese Sacra Corona Unita) which have managed in their individual ways to infiltrate both the State (in the form of political parties and local administrations) and society (businesses, cultural and voluntary organisations). In Campania, until 1991, the relationship between the Camorra and the local political elite (based on the exchange of votes for state contracts and protection) was tacitly accepted by the population and could not be studied by political scientists due to the lack of reliable source material. In 1991, a law was introduced which gave generous remission of sentences to criminals who became state-witness. Many members of the Camorra revealed important aspects of criminal, economic and political activities in Campania. This new material permitted a reexamination of the Camorra. This thesis on the Camorra hopes to fill a gap in the study of the relationship between politics and criminal organisations which so far has concentrated on the Sicilian Mafia. Part One is a general introduction and presents the theoretical model and methods adopted. The documentation available allowed us to adopt an agency-structure approach derived from Giddens's structuration theory (1984). This was complemented by Easton's systems analysis (1965) to understand the wider, macro-environment. We elaborated an 'interaction model' to analyse the changing nature of the Camorra's activities: from a simple social-criminal practice in the 1930s to a dynamic and secret cartel enacting a political-criminal practice in the 1980s. To test this model we applied it to case-studies of criminals using original judicial documents. In Part Two we look at the possible motives of people who join the Camorra. We analysed the agent's internal and external structure in both decades and concluded that the macro-environment as an influencing factor had changed more than the individual-agent. Part Three examines the lives of camorristi in the 1950s and 1980s in order to determine how far their criminal practice has been transformed. Part Four investigates the wider picture of system-interaction between the Camorra's social subsystem and the political system. Focussing on the relationship between camorristi and the political elite in the 1950s and 1980s we highlight the radical changes that occurred. This thesis presents a theoretical discussion of how to study organised crime and social behaviour in general and at the same time a detailed empirical study, in particular of the political role of a criminal organisation in a concrete historical situation, that of Naples over the last forty years.
9
Furphy, Patricia. "Multivariate analysis of war crime behaviour : implications for the International Criminal Court." Thesis, Liverpool John Moores University, 2015. http://researchonline.ljmu.ac.uk/4409/.
Testo completoAbstract (sommario):
To prosecute perpetrators of war crimes the International Criminal Court (ICC) must connect the physical actions of the offence and ‘most responsible’ offenders charged with planning, instigating and intent on carrying out crimes of genocide, crimes against humanity, war crimes and crimes of aggression. To date there has been no empirical study of the types of physical actions that make up this offence. There is no baseline knowledge to contextualize the offence and enable the ICC to make links between the actions on the ground and a perpetrator’s culpability. The purpose of this study was to produce the first multivariate model of war crime ground action using cases of war crime offences in Cambodia and Rwanda. The aim was to first identify a representative range offence behaviours, and secondly determine if ground actions could be differentiated into distinct forms of offending that indicate culpability, that is, knowledge and intent in carrying out the crime. Lastly, offence behaviours assessed to determine if external factors could account for variances in offender behaviour, and help the ICC account for variances in behaviour when making inferences from the models. This was achieved through content analysis, cluster analysis, smallest space analysis and multivariate analysis of variance. It was found that as many as 44 different killing and disposal methods are used over the course of war crimes in Cambodia and Rwanda and that these offence actions can be classified into four distinct themes of behaviour. The indentified conservative, expressive, integrative and adaptive theme demonstrates that offenders were committing war crime offences in different ways. Using the underlying theories attached to each mode the ICC can infer the culpability of an offender based on which theme their actions fall into. In this case offenders subscribing to the conservative theme are likely to reflect the planning and instigation components of a war crime and offenders whose actions fall within the expressive theme are likely to be using war crimes as a cover for personal gratification and gain. Finally it was found that variances of behaviour can be attributed to the geographical location and timing of the event, and helps the ICC target their investigations to locations and periods linked to conservative behaviour, the offender who performs it and thus their culpability. This study shows that multivariate analysis can contextualize ground actions in manner that allows the ICC to make informed decisions of perpetrator culpability during war crimes.
10
Perrin, Teresa Thomas. "Crime and order in San Antonio during the Civil War and Reconstruction." Full text (PDF) from UMI/Dissertation Abstracts International, 2001. http://wwwlib.umi.com/cr/utexas/fullcit?p3035163.
Testo completo
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Sanjithkumar, Nishanth V. "WAR CRIME VICTIMIZATION EXPERIENCES OF SRI LANKAN TAMIL MAKAL: A QUALITATIVE ANALYSIS." OpenSIUC, 2017. https://opensiuc.lib.siu.edu/dissertations/1495.
Testo completoAbstract (sommario):
Researchers have given considerable attention to war crimes across nations. Numerous anthropologists, political scientists, and economists have conducted research on the ethnic conflict in Sri Lanka; however, there is scant literature exploring violations of international law as experienced by the minorities (i.e., Tamils) from sociological and criminological perspectives. The purpose of this study is to offer an insight into how masculinity and war crimes by the military and the paramilitary forces affected the Tamils from the Northern and the Eastern provinces in Sri Lanka. I explored victimization experienced by the Tamil Diaspora populations, the construction of victimization avoidance strategies, the social forces that motivated them to leave Sri Lanka, the short and the long-term effects of victimization (i.e., sexual, economic, physical, mental), the process the refugees adopted to assimilate themselves into new space, and the resources available from Sri Lanka and place of new residence to meet their needs. Finally, I explored within gender differences and similarities of victimization as experienced by the refugees. I employed qualitative methods to collect the data, where I gathered a sample of Tamils Diaspora population from Canada and the United States of America by way of snowball sampling via advocates who worked with refugees. I used open-ended questionnaires during the face-to-face interviews. I audio-taped most of the interviews and I manually transcribed them. I took written notes of a couple of the interviews when the participants did not permit audio recording. Finally, I analyzed the collected data and present the findings. This approach informs the scientific community of how people understand and give meanings to their life experiences (Orbuch, 1997; Mishler, 1986). The findings indicate that several types of social forces contributed to how families operated during the war. For instance, the war impacted the quality of available education, the quality of available shelter, and the social and family pressures for expected roles within the community. I specifically looked at victimization experiences, the social forces that motivated them to leave Sri Lanka, the short and long-term effects of war related victimization, the process of assimilation, resources available in Sri Lanka and their new place of residence, and gender differences or similarities of war crime victimization as experienced by the refugees. The research question I explored revealed that many faced financial/economic strain, secondary victimization, sexual abuse, mental/ emotional abuse, and physical abuse. When I explored victimization avoidance strategies, the data revealed that some participants submitted while others’ social bonds allowed them to evade victimization. Next, I explored the coping strategies employed by the participants during and post-civil war. The themes that emerged to explain their coping strategies were medical/counseling assistance, deference to God, and gendered roles. I also explored the social forces that drove the participants out of the country. The data revealed that it was the impact of the internal conflict on various infrastructures that stimulated the participants’ exodus from the country. I also explored the assistance the participants received in Sri Lanka and their new place of residence. The data revealed that many of the participants received most of their help from the paramilitary. All of the participants indicated they received aid from their new place of residence. Finally, I conclude by providing theoretical discussions of the findings, limitations of the study, future recommendations, and implications. This study unveils how the Sri Lankan Tamil refugees experienced and gave meaning to their lived experiences due to the war.
12
Sothcott, Keir. "Crime, fear of crime and social order in a post-war British new town : a humanistic contribution to environmental criminology." Thesis, Middlesex University, 2009. http://eprints.mdx.ac.uk/6256/.
Testo completoAbstract (sommario):
This study examines the continuing viability of the New Town Idea – an influential post-war Town Planning Model – in relation to current government imperatives that all future urban developments contribute to crime prevention and the diminishment of fear. The study advances an 'urbanism from below' by considering how residents of Harlow, one of the first built New Towns, experience their everyday environment and the impact it has upon their perceptions of crime, fear and disorder. By focusing upon the 'lived experiences' of a whole urban environment and its compatibility with human need, the study offers a 'Humanistic' approach to Environmental Criminology. It should, therefore, interest not only those responsible for current and future urban development but also those hoping to move Environmental Criminology beyond a narrow concern with risk reduction. The thesis suggests that the New Town Idea, as manifest in Harlow, is a weak foundation for establishing a strong urban public realm. This is probably a major reason why the town has a crime rate incommensurate with the idea's original utopian aspirations. Nevertheless, the same idea succeeds in enhancing a 'sense of place' which residents of Harlow experience in a way that reduces fear of crime. Especially important is the experience of 'mystery' and local familiarity within a context of environmental legibility and coherence that simultaneously satisfies ontological and bio-psychological human needs for security and risk. Thus, the study concludes that the New Town Idea, contrary to the claims of its many detractors, does retain a partial viability. Some important modifications to the Idea, however, are necessary. The study finishes, therefore, by suggesting that the New Town Idea may successfully combine with the principles of New Urbanism in the development of towns with both 'safe' and pleasurable environments.
13
Passos, Anaís Medeiros. "The military mystique : democracies and the war on crime in Brazil and Mexico." Thesis, Paris, Institut d'études politiques, 2018. http://www.theses.fr/2018IEPP0036.
Testo completoAbstract (sommario):
Cette thèse étudie pourquoi et comment les forces armées déploient des activités anticriminelles, et évalue l'impact de ces interventions sur les régimes démocratiques. À partir de l’institutionnalisme historique et de la théorie du choix rationnel, la thèse porte sur deux villes, Rio de Janeiro (Brésil) et Tijuana (Mexique), où les gouverneurs de l'Etat ont demandé aux militaires d’assister dans les tâches de sécurité publique entre 2007 et 2014. À partir de l'analyse des 100 entretiens semi-structurés, des archives historiques et des informations obtenues grâce à des lois sur la liberté d'information, la recherche suit les différentes phases des opérations militaires en matière de sécurité, de la prise de décision à la mise en œuvre de ces politiques. L'analyse systématique des statistiques criminels avant et après les opérations montre que ces actions ont un effet très limité sur la réduction permanente de la violence criminelle. En autre, les interventions militaires sont généralement suivies d'une série d'actions sociales susceptibles d'améliorer la réputation des forces armées au détriment de l'image des agences civiles. Finalement, la recherche montre que ces interventions militaires transforment la législation, la juridiction, la doctrine militaire et l’éducation, et entraînent des changements permanents dans la portée des activités militaires et des actions policières. En raison de ces modifications institutionnelles, les politiciens de façon générale et les gouverneurs des États en particulier sont plus que jamais tentés d’utiliser les forces armées pour obtenir des gains politiques à court terme, même au détriment de la dimension libérale de la démocratie<br>This thesis investigates why and how Armed Forces deploy anti-crime activities, and it assesses the impact such interventions entail for democracies. Combining historical institutionalist and rational choice approaches, the thesis focuses on two cities, namely, Rio de Janeiro (Brazil) and Tijuana (Mexico), where the state governors requested the military to assist public security efforts from 2007 to 2014. Relying on analysis of 100 semi-structured interviews, archival sources and information obtained through freedom of information acts, this research tracks the different phases of military operations in security, from decision-making to policy implementation. The systematic analysis of criminal statistics before and after operations indicate that such actions have a limited effect on permanently reducing lethal violence. Moreover, military interventions are usually followed by a set of social actions that will potentially improve the reputation of the Armed Forces to the detriment of the image of civilian agencies. Finally, and contrary to conventional wisdom that military urban patrols are merely temporary events, the research in this thesis demonstrates that military interventions in anti-crime activities transform legislation, jurisdiction, military doctrine and education, and that they bring long-lasting changes in the scope of military and police actions. Due to institutional modifications, politicians in general, and state governors in particular, are more tempted than ever to rely on Armed Forces for short-term political gains, even at the expense of the liberal dimension of democracy
14
Ashfaq, Muhammad. "The crime of aggression : a critical historical inquiry of the just war tradition." Thesis, University of St Andrews, 2018. http://hdl.handle.net/10023/13671.
Testo completoAbstract (sommario):
Why has international society been unable to develop political and judicial collective-security arrangements to limit external aggression? The thesis argues that efforts to limit aggression in moral and legal theory have created an unjust order in which great powers have used these theoretical traditions to reinforce their power in the global order. The thesis argues that is not a new development but can be found in one of the oldest traditions of moral reflection on war, the just war tradition. To substantiate this point, the thesis critically surveys the philosophers of the ancient Greek, Roman, Medieval Christian Renaissance, and early modern theorists of just war and demonstrates that their just war ideas contain assumptions about exclusion, identity and power reflecting their cultural superiority which underlie the practices and theories of the leading states and justifications of their aggressive wars. The thesis connects these moral reflections to the emergence of modern international law and the European pluralist international society of states based on mutual respect for sovereignty and the norm of non-intervention, highlighting how justifications of its colonial aggression against non-Europeans established an unjust solidarist order against them which persists in the post-Cold War era. To conclude it presents suggestions for improvement in the current pluralist international arrangements to address the issue of aggression.
15
O'Callaghan, Margaret Mary. "Crime, nationality and the law : the politics of land in late Victorian Ireland." Thesis, University of Cambridge, 1989. https://www.repository.cam.ac.uk/handle/1810/272301.
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Dourado, Maria Teresa Garritano. "A história esquecida da Guerra do Paraguai: fome, doenças e penalidades." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/8/8138/tde-08122010-135132/.
Testo completoAbstract (sommario):
Conhecida como Guerra do Paraguai, Guerra da Tríplice Aliança e Guerra Grande, foi o conflito bélico de grande repercussão na história latino-americana quer quanto à mobilização, quer quanto à perda de homens. A longa duração da guerra, de dezembro de 1864 a março de 1870, analisada através de corpus documental expõe, de maneira brutal o tratamento dado aos soldados e demais participantes que lutavam não contra o inimigo comum paraguaio e sim pela sobrevivência nos campos de batalha: sem água e alimentos suficientes e adequados, sem instrumental médico-cirúrgico preparados para enfrentar as grandes batalhas que produziam milhares de feridos. Na capital do Império do Brasil e em outros portos das duas capitais aliadas como Buenos Aires e Montevidéu soldados recém-convocados, feridos e doentes transitavam sem qualquer orientação sobre cuidados sanitários e vacinação, disseminando, dessa forma, doenças muitas delas incubadas, que logo seriam transmitidas a milhares de outros soldados e civis nos campos de batalha e nas cidades para onde eram levados para tratamento. A concentração de grande massa de combatentes e não combatentes de um acampamento militar exigiu a necessidade de garantir a ordem e a disciplina. As deserções, os atos de covardia e de insubordinação, os homicídios, as brigas, os roubos, os atentados contra a propriedade, as violações e outros delitos estavam longe de serem raros, muito pelo contrário, eram bastante frequentes e constam numa profusa documentação. Analiso, além da fome e das epidemias, o funcionamento da Justiça Militar durante a Guerra do Paraguai em um acampamento do exército brasileiro e em navios da armada imperial onde se vivia sob indispensáveis regras disciplinares, muitas vezes quebradas, privilegiando fontes como memória de combatentes (oficiais e praças) e ordens do dia, entre muitas outras, em arquivos públicos e particulares. Investigo a origem dos batalhões de soldados e marinheiros destinados aos campos de batalhas, bem como o seu recrutamento e estratégias de resistência, analisando também as consequências que isso acarretou em todos os anos que durou a guerra. Procuro demonstrar que as penalidades eram resultantes diretas da fome e das doenças que grassavam nos acampamentos do exército e nos navios da esquadra imperial, interferindo, de maneira crucial, nos resultados da guerra.<br>Variously known as the War of Paraguay, the War of the Triple Alliance and the Big War, this bellicose conflict inflicted a significant repercussion on Latin American history in both logistics and in human mortality. The long duration of the war, from December of 1864 to March 1870, is analyzed through a body of documented works that brutally expresses the treatment of soldiers and other participants in the war. These people struggled not against a common enemy, but for survival on the battlefields. They faced shortages of water and food as well as the necessary medical-surgical supplies to support the thousands of wounded from the ferocious battles. In the capital of the Brazilian Empire as well as in the two allied capital cities of Buenos Aires and Montevideo, recently conscripted soldiers, the wounded and the sick, passed without any orientation regarding sanitation or vaccination. As a result, diseases, many of them in various stages of incubation, were transmitted to thousands of other soldiers and civilians, on the battlefields and in the cities where some were brought for treatment. A concentrated mass of combatants and support personnel in any military camp requires order and discipline. However, desertion, cowardice, insubordination, murder, fights, robbery, assaults, violations and other crimes were frequent and profusely documented. I analyze not only the hunger and epidemics, but the function of Military Justice during the War of Paraguay in a Brazilian army camp and in an imperial armada where the necessary disciplinary rules were often disregarded, according to sources such as the memoirs of combatants (both officers and conscripts) and in daily order records in public and private archives. I investigate the origins of the battalions of soldiers and sailors destined for the battlefields as well as the recruiting efforts and strategies for resistance, analyzing the consequences of such throughout the years of the war. I strive to demonstrate that the direct penalties were the hunger and the illness that flourished in the army camps and on the imperial naval ships thus affecting, in a crucial manner, the outcome of the war.
17
Scheiber, Christine. "Between crime and war : illicit flows and the institutional design of international policy responses." Thesis, London School of Economics and Political Science (University of London), 2006. http://etheses.lse.ac.uk/1833/.
Testo completoAbstract (sommario):
While the reasons why states create international institutions have attracted sustained academic interested in international relations for more than three decades, the question why states design these institutions in such a variety of ways is only emerging on the academic agenda. This study seeks to contribute to the institutional design debate by transferring the principles of transaction cost economics theory from the context of in- ter-firm to that of inter-state cooperation. Transaction cost economics shares with other functionalist design theories the core assumption that actors adopt the design that best addresses the specific hazards a given problem poses to their cooperative undertaking, whereby they have to balance the merits and drawbacks associated with individual design options. Specifically, states face a dilemma between adopting a mode of governance, which fosters higher levels of compliance (hard law with high levels of obligation, precision and delegation) and one, which allows for flexible adjustments to changing circumstances (soft law). Which type of design is most appropriate, depends on the underlying problem constellation-categorised here based on the three variables asset specificity, behavioural uncertainty, and environmental uncertainty. This study hypothesises that 'harder' governance structures are pertinent when the intensity of asset specificity (the incentives to shirk and the vulnerability to shirking by others) and behavioural uncertainty (the difficulty involved with detecting non-compliance) are high. In contrast, 'softer' institutions are required as the possibility of unforeseen changes in the understanding of the causes, consequences or remedies of a problem increases (environmental uncertainty). Whether form does indeed follow function according to this logic will be tested qualitatively on the basis of four international institutions established between 1988 and 2003. These institutions have in common that they all seek to tackle problems arising at the fuzzy border between crime and war, such as conflict diamonds, the trafficking in narcotic drugs and small arms and light weapons, and money laundering. These institutions differ from each other, however, in terms of their design, spanning the full spectrum from high to low degrees of legalisation.
18
Bacharach, Marc N. "War Metaphors: How President’s Use the Language of War to Sell Policy." Miami University / OhioLINK, 2006. http://rave.ohiolink.edu/etdc/view?acc_num=miami1154105266.
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Munazi, Muhimanyi Cyprien. "La répression des crimes relevant du statut de la Cour pénale internationale par les juridictions nationales et le principe de complémentarité : l’exemple de la République démocratique du Congo." Thesis, Montpellier, 2018. http://www.theses.fr/2018MONTD039.
Testo completoAbstract (sommario):
Au cours d’un peu plus de deux décennies, la RDC, située au cœur de l’Afrique, dans la région des grands lacs, a été le théâtre des crimes de masse les plus violents. De nombreux rapports relatent les violations à grande échelle des droits de l’homme et du doit international humanitaire commises dans ce pays démontrent. Ils démontrent l’horreur innommable infligée aux populations civiles dans la partie Est du pays. ll s'agit notamment, de Bukavu, Fizi, Uvira Mugunga, Goma, Bénie, Rusthuru,Lubero, Walikale, Kisangani, Tingi-Tingi, Makobola, Ituri, Kiwanja, Kasai, Maniema, Shaba. Dans un contexte global de conflit et de trouble persistant, d’instabilité socio-économique et de crise politique profonde, la commission des crimes graves se trouve exacerbée par la présence des centaines de groupes armés politico-militaro-affairistes, des Forces Armées de la R.D.C., tous soutenus par des troupes étrangères et multinationales. L'environnement politique et sécuritaire empêche la justice congolaise d'évaluer dans la sérénité la quasi-totalité d’éléments de crimes sur le territoire en vue d’identifier les auteurs, d’établir les responsabilités, procéder à leur répression, assurer la réparation des nombreuses victimes et la réconciliation nationale. L'association d'autres formes de justice serait plus que nécessaire, toujours à travers la logique de la complémentarité de la CPI<br>. For almost over two decades, the DRC, located in the heart of Africa, in the Great Lakes region, has benn the scene of the most violent crimes. Tremendous public and non government organizations have reported the large-scale violations international humanitarian law and human rights committed in this country. They display the horror inflicted upon the civilian populations in the eastern part of the country. These include amonsgt others the areas of Bukavu, Fizi, Uvira Mugunga, Goma, Béni, Rusthuru, Lubero, Walikale, Kisangani, Tingi-Tingi, Makobola, Ituri, Kiwanja, Kasaï, Maniema, Shaba. In a global context of conflict and persistent turmoil, socio-economic instability and deep political crisis, the commission of serious crimes is exacerbated by the presence of hundreds of armed politico-military-mercenary groups, the Armed Forces of the DRC, all supported by foreign and multinational troops. The currently political and security environment prevents the Congolese justice system from smoothly assessing all elements of crimes on the territory in order to identify the perpetrators, establish the responsibilities, carry out investigation and prosecution as well as legal proceedings, ensure the reparations to millions of victims and the national reconciliation at large. The combination of other forms of justice would be more than ever necessary through the logic of the complementarity of the ICC
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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.
Testo completoAbstract (sommario):
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.
21
Gassama, Diakhoumba. "Accountability and prosecution in the Liberian transitional society: lessons from Rwanda and Sierra Leone." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=init_3458_1180416748.
Testo completoAbstract (sommario):
<p>In the aftermath of World War Two, the International Community has shown a renewed commitment towards the protection of human rights. However, whether during wars or under dictatorial regimes, numerous human rights abuses occurred everywhere in the world, from Latin America to Eastern Europe and from Southern Europe to Africa. Countries which experienced oppressive governance or outrageous atrocities has to address the legacies of their past on the return of democratic rule or peace. In other words, they had to emerge from the darkness of dictatorship or civil war in order to establish a democracy. Today, after 14 years of civil war, Liberia is faced with the challenge of achieving a successful transition where the imperatives of truth, justice and reconciliation need to be met. The purpose of this research paper was to make some recommendations on the way the accountability process in Liberia should be shaped as far as prosecution is concerned.</p>
22
Olubokun, Charles Oluwarotimi. "The future of prosecutions under the International Criminal Court." Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/11075.
Testo completoAbstract (sommario):
This thesis examines prosecutorial challenges of the International Criminal Court (ICC/the court) in relation to the dwindling legitimacy prosecuting under Article 5 of the Rome Statute and other relevant international law principles. The study attempts a prognosis of the future shape of ICC prosecutions in light of the challenges and proposes reforms to the operations of the Court and its constitutive instrument to improve the dispensation of justice. The focus of the study is substantive international criminal law, developments in relevant case laws of international courts and tribunals, structure and procedures of the ICC and relevant principles within the context of elements of the Crime of genocide, crimes against humanity, war crimes and the Crime of aggression. The thesis further evaluates the role of the Court as it ensures international cooperation with domestic efforts to promote the ‘Rule of law’, uphold the principles of international humanitarian law, human rights law and combat impunity being the first permanent treaty-based international criminal court with the intent and purpose of ending impunity for perpetrators of the most serious crimes of concern to the international community and thus contributes to the prevention of such crimes. Additionally, the International Criminal Court advances international criminal justice, particularly with regard to victims by providing not only legal justice but also participation in the process and restorative justice to rebuild the society after mass violence. The thesis is an analysis of the prosecutorial challenges at the International Criminal Court, using its legal framework and jurisprudence to establish facts and reach new conclusions.
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Chinen, Biesen Sheri Lynn. "Film noir and World War II : wartime production, censorship, and the "red meat" crime cycle /." Digital version accessible at:, 1998. http://wwwlib.umi.com/cr/utexas/main.
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Obradovic, Jelena. "Victimhood discourse and denial of war crime : Serbian national mythology in narratives of ethnic conflict." Thesis, University of Birmingham, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.532294.
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Mitchell, David Scott. "Voicing the Silent War Crime: Prosecuting Sexual Violence in the Special Court for Sierra Leone." Miami University Honors Theses / OhioLINK, 2006. http://rave.ohiolink.edu/etdc/view?acc_num=muhonors1146448301.
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Bacharach, Marc N. "War metaphors how president's use the language of war to sell policy /." Oxford, Ohio : Miami University, 2006. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=miami1154105266.
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Penachioni, Júlia Battistuzzi. "Violência sexual em conflitos armados e em ataques generalizados ou sistemáticos: a criminalização pelo Tribunal Penal Internacional." Pontifícia Universidade Católica de São Paulo, 2017. https://tede2.pucsp.br/handle/handle/19843.
Testo completoAbstract (sommario):
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Previous issue date: 2017-02-20<br>Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES<br>This dissertation seeks to analyze how sexual violence in armed conflicts and in widespread or systematic attacks has become an international crime, and is criminalized especially by the International Criminal Court (ICC), responsible for characterizing it as a crime against humanity and a war crime, in addition to allowing it to be understood as a form of genocide. For a long time, sexual violence has been seen as an inevitable part of war, notion that will change with the new forms of global accountability — such as individual criminal accountability, contemplated by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda, Courts that contributed to bring sexual violence in armed conflict to prominence, as well as opening important precedents for what would later be understood by the ICC — together with the construction of a solid normative basis, which strengthened the legal foundations that culminated in the formation of the Rome Statute of the ICC<br>A presente dissertação busca analisar de que maneira a violência sexual em conflitos armados e em ataques generalizados ou sistemáticos tornou-se um crime internacional, sendo criminalizada sobretudo pelo Tribunal Penal Internacional (TPI), responsável por caracterizá-la como um crime contra a humanidade e como crime de guerra, além de possibilitar que fosse entendida como uma forma de genocídio. Durante muito tempo a violência sexual foi considerada como uma parte inevitável da guerra, concepção que vai se alterar a partir das novas formas de prestação de contas global — como a responsabilização penal individual, observada no Tribunal Penal Internacional para a antiga Iugoslávia (TPII) e no Tribunal Penal Internacional para Ruanda (TPIR), Cortes que contribuíram para que a violência sexual em conflitos armados fosse colocada em evidência, além de abrir precedentes de grande relevância para o que mais tarde seria entendido pelo TPI — em conjunto com a construção de uma base normativa sólida, que fortificou os fundamentos legais que culminaram na formação do Estatuto de Roma do TPI
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Emanuel, Elizabeth Frances. "Writing the oriental woman : an examination of the representation of Japanese women in contemporary Australian crime fiction." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/64475/1/Elizabeth_Emanuel_Exegesis.pdf.
Testo completoAbstract (sommario):
This study considers the challenges in representing women from other cultures in the crime fiction genre. The study is presented in two parts; an exegesis and a creative practice component consisting of a full length crime fiction novel, Batafurai. The exegesis examines the historical period of a section of the novel—post-war Japan—and how the area of research known as Occupation Studies provides an insight into the conditions of women during this period. The exegesis also examines selected postcolonial theory and its exposition of representations of the 'other' as a western construct designed to serve Eurocentric ends. The genre of crime fiction is reviewed, also, to determine how characters purportedly representing Oriental cultures are constricted by established stereotypes. Two case studies are examined to investigate whether these stereotypes are still apparent in contemporary Australian crime fiction. Finally, I discuss my own novel, Batafurai, to review how I represented people of Asian background, and whether my attempts to resist stereotype were successful.
My conclusion illustrates how novels written in the crime fiction genre are reliant on strategies that are action-focused, rather than character-based, and thus often use easily recognizable types to quickly establish frameworks for their stories. As a sub-set of popular fiction, crime fiction has a tendency to replicate rather than challenge established stereotypes. Where it does challenge stereotypes, it reflects a territory that popular culture has already visited, such as the 'female', 'black' or 'gay' detective. Crime fiction also has, as one of its central concerns, an interest in examining and reinforcing the notion of societal order. It repeatedly demonstrates that crime either does not pay or should not pay. One of the ways it does this is to contrast what is 'good', known and understood with what is 'bad', unknown, foreign or beyond our normal comprehension. In western culture, the east has traditionally been employed as the site of difference, and has been constantly used as a setting of contrast, excitement or fear. Crime fiction conforms to this pattern, using the east to add a richness and depth to what otherwise might become a 'dry' tale. However, when used in such a way, what is variously eastern, 'other' or Oriental can never be paramount, always falling to secondary side of the binary opposites (good/evil, known/unknown, redeemed/doomed) at work.
In an age of globalisation, the challenge for contemporary writers of popular fiction is to be responsive to an audience that demands respect for all cultures. Writers must demonstrate that they are sensitive to such concerns and can skillfully manage the tensions caused by the need to deliver work that operates within the parameters of the genre, and the desire to avoid offence to any cultural or ethnic group. In my work, my strategy to manage these tensions has been to create a back-story for my characters of Asian background, developing them above mere genre types, and to situate them with credibility in time and place through appropriate historical research.
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Papadopoulos, Alexandros. "A violent archaeology of dreams : the aesthetics of crime in austerity Britain, c.1944-1950." Thesis, University of Manchester, 2011. https://www.research.manchester.ac.uk/portal/en/theses/a-violent-archaeology-of-dreams-the-aesthetics-of-crime-in-austerity-britain-c19441950(657c8798-e850-4154-90c8-ff2a00e93e0b).html.
Testo completoAbstract (sommario):
In the immediate post-Second World War period, London's criminal cultures generated popular understandings of fantasy and cinematic escapism as a modern mode of life, a pleasure-seeking activity and a form of rationality. These narratives centred on increasingly visible but enigmatic genres of urban transgression: notably the phenomenon of spivery. Mixing petty crime, gambling and the black market with proletarian dandyism, urban waywardness and celebrity posturing, the cultural iconography of spivery was also associated with the deviant lifestyles of confidence tricksters, army deserters, good-time girls and mass murderers. Drawing on cinema, popular literature, courtroom drama, autobiography and psychiatry, this thesis explores how debates about the escapist mentalities of the spiv shaped the public discussions of crime as a socio-aesthetic practice. The central aim is to explore the cultural and symbolic associations between street-wise forms of deviant illusion and the cinematic representation of fantasising criminals in 1940s London. The thesis reveals how contemporary historical actors and cultural institutions understood the imagination as a popular and contested form of knowledge about the self, social change and erotic life. The method interweaves intertextual analysis of a key cinematic subgenre of crime, 'spiv films', with a historical focus on two 'true crime' stories: the cleft chin murder (1944) and the serial killings carried out by John George Haigh (1944-45). Utilising the criminals' self-confessions, trial transcripts, autobiography and popular journalism, these cases studies show how spivery was rooted in the experience and representation of everyday metropolitan life. The interdisciplinary examination of cinematic text and historical evidence emphasises how Hollywood aesthetics and indigenous national culture co-determined the public construction of 1940s crime as an embodiment of the contradictions of post-war British modernity.
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Kuner, Janosch O. A. "The war crimes trial against German Industrialist Friedrich Flick et al - a legal analysis and critical evaluation." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1823_1363782732.
Testo completoAbstract (sommario):
<p>This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The <br>proceedings and the decision itself are the subject of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialists after World War II. Seen from present-day perspective, the question will be raised whether any conclusions can be drawn from the Flick case in respect of the substance of present-day international criminal law. <br />
 <br></p>
31
Ball, Stephen Andrew. "Policing the land war : official responses to political protest and agrarian crime in Ireland, 1879-91." Thesis, University of London, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.326088.
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Reynolds, Diana Elizabeth. "The prosecution strategy of the ICC office of the prosecutor recast : a hand up not a hand out." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112608.
Testo completoAbstract (sommario):
The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has taken steps to define and develop its prosecution policies. Review of these policies reveals that the OTP prefers to act on referrals of situations by states and the Security Council, rather than to employ its proprio motu investigatory powers. While the OTP has effectively defined the threshold for the gravity of the crimes that it will prosecute, a number of other discretionary criteria that inform the OTP's exercise of jurisdiction remain undefined. Additionally, the OTP's acceptance of state 'waivers of complementarity' moves in the direction of establishing a quasi-exclusive jurisdiction for the OTP. This thesis will critically evaluate these policies, and propose a recasting of the OTP's prosecution strategy towards the promotion of domestic war crimes prosecutions. It posits that the ICC OTP can act as a catalyst for domestic war crimes prosecutions, by serving in an advisory and support role. The OTP thus has the opportunity to breathe life into the complementarity regime and advance the global struggle against impunity.
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Paoli, Marco. "The evolution of crime in post-war Italy in the works of Carlo Lizzani and Giorgio Scerbanenco." Thesis, University of Salford, 2010. http://usir.salford.ac.uk/26852/.
Testo completoAbstract (sommario):
This study discusses the evolution of crime in Italy during the period from 1944 to the late 1960s, as represented in the works of film director Carlo Lizzani and author Giorgio Scerbanenco. This study pays particular attention to the viewer's or reader's engagement with the scenarios and the fictional characters portrayed. The introduction outlines the implications of the emerging forms of criminality, which were so closely linked to Italy's post-war economic, political and social transformation, as a context for the discussion that follows. Part One focuses on three key films. In // gobbo (1960), the director gives a description of the chaotic period 1944-46 during which criminals such as Giuseppe Albano ('II Gobbo del Quarticciolo') established a form of dominion over whole areas of Italian cities. Through the filter of comedy, La Celestina P.. R.. (1965) highlights criminal activities during the years of the economic miracle and its aftermath, such as prostitution and bribery, as a rapid means to success. Banditi a Milano (1968), gives a portrayal of the infamous Cavallero gang, their initial political frustration and the influence of capitalist values in turning proletarian rebels into 'managers' of violent criminal organizations. Part Two discusses the way in which Italian literature, and in particular detective fiction, depicted the evolution of crime in the 1960s, focusing in particular on Scerbanenco's representation of criminal environments in his Duca Lamberti series (1966-69). Two innovative aspects characterising 1960s Italian detective fiction will be analysed: Scerbanenco's portrayal of the urban space and its oppressive and alienating influence on characters, and the author's representation of violence and its cognitive and emotional impact on the reader. The conclusion highlights the parallels and contrasts between the way in which Lizzani and Scerbanenco portrayed the evolution of the crime and the influence of criminality upon society in the post-war period.
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Al-Ali, Hamed H. H. "Al-Dhahabī's Tanqīḥ : a critical edition, translation and commentary on the sections on crime, punishment and war." Thesis, University of Edinburgh, 2002. http://hdl.handle.net/1842/23328.
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Sonczyk, Barbara. "The anatomy of the war crime of attacking peacekeepers under international humanitarian law and international criminal law." Thesis, University of Westminster, 2014. https://westminsterresearch.westminster.ac.uk/item/964w0/the-anatomy-of-the-war-crimeof-attacking-peacekeepersunder-internationalhumanitarian-law-andinternational-criminal-law.
Testo completoAbstract (sommario):
This thesis is concerned with the analysis of the war crime of attacking peacekeeping missions under international humanitarian law and international criminal law. The Rome Statute of the International Criminal Court criminalises “(…) intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict”. However, the exact scope of application of this war crime is unclear and controversial due to the overlap of three different fields of international law: international criminal law, international humanitarian law and United Nations law. These distinct bodies of law have their own principles, objectives and logic and might not necessarily be in perfect harmony with each other at this particular point. Major complexities linked to it include the definition of a peacekeeping mission in accordance with the Charter of the United Nations, the status of peacekeeping personnel and objects under international humanitarian law, and the scope of peacekeepers’ right to self-defence. The central research question that this thesis addresses is about the compatibility of this war crime with the system of international law. This is answered in the affirmative. The contribution to knowledge that this thesis offers relates to critical studies on international criminal law, international humanitarian law and the United Nations system. The thesis clarifies the scope of application of the war crime of attacking personnel and objects involved in a peacekeeping mission in accordance with the United Nations Charter. This is the first comprehensive analysis of the overlap of legal regimes with respect to this war crime, which can assist courts in application of the rules relating to the protection of peacekeeping missions.
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Silvester, Philip. "Characterisation and ideology in recent crime fiction set in the First World War: a novel and exegesis." Thesis, Curtin University, 2016. http://hdl.handle.net/20.500.11937/1703.
Testo completoAbstract (sommario):
This thesis consists of two parts: a creative component, the novel “Watershed”, and a theoretical essay: the exegesis. Both address the question: What narrative strategies of characterisation might be utilised to represent the detective figure as a bearer of ideological significance in crime novels set in the First World War?
37
Bridges, Lee H. (Lee Hammond). "Anti-Semitism and Der Sturmer on Trial in Nuremberg, 1945-1946: The Case of Julius Streicher." Thesis, University of North Texas, 1997. https://digital.library.unt.edu/ark:/67531/metadc279213/.
Testo completoAbstract (sommario):
The central focus of this thesis is to rediscover Julius Streicher and to determine whether his actions merited the same punishment as other persons executed for war crimes. Sources used include Nuremberg Trial documents and testimony, memoirs of Nazi leaders, and other Nazi materials. The thesis includes seven chapters, which cover Streicher's life, especially the prewar decades, his years out of power, and his trial at Nuremberg. The conclusion reached is that Streicher did have some influence on the German people with his anti-Semitic newspaper Der Sturmer, but it is difficult to ascertain whether his speeches and writings contributed directly to the extermination of the Jews in World War II or simply reflected and magnified the anti-Semitism of his culture.
38
Hershewe, Mary. "Racializing Spaces: Harlem, Housing Discrimination, and African American Community Repression in the War on Drugs." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/scripps_theses/214.
Testo completoAbstract (sommario):
This thesis explores how government and society are invariably against the racial sharing of spaces. It examines how impoverished Black communities are created, sustained and perpetuated. The thesis is concerned with two main theories about race repression, race castes and racialization of space, both of which posit race as the main factor shaping the existing power relations. The work first draws upon the era of de jure segregation to highlight features of castes and racialized space. The first chapter looks at how housing discrimination caused Harlem to develop into a ghetto space. In the post-de jure era, the second chapter examines how the economics of racialized space access continued to inform a national framework defined by race-neutrality. It examines how, against the wake of Civil Rights era and community rioting, politicians discursively campaigned by demonizing and criminalizing Black rioters and Black culture. The War on Drugs, which emerged against the backdrop of Rights activism, called for crime control in Black communities. By targeting Blacks already isolated in “ghetto” spaces, politicians ensure that they over-compensate White communities with the public benefits and economic resources that are taken away from Blacks spaces. In media as well as in politics, our nation continuously fails to contextualize the costs of the War on Drugs on Black communities. The final chapter examines a film to show how popular depictions of Black ghettos and misconceptions about the War on Drugs, continue to feed our ideological and actual understandings of racialized space and privileged access.
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Winters, Veronica Jane. "State-Corporate Crime in the Democratic Republic of Congo." Scholar Commons, 2013. http://scholarcommons.usf.edu/etd/4615.
Testo completoAbstract (sommario):
This study addresses the need for a parsimonious theoretical model to explain state-corporate crime. The Integrated Theoretical Model of State-Corporate Crime will be compared to the Integrated Theory of International Criminal Law Violation to determine which model provides the most accurate theoretical depiction of state- corporate crime, while retaining parsimony. For this comparison, the models will be applied to Democratic Republic of Congo case study. Using a secondary analysis of qualitative data and preexisting literature, it was found that the Integrated Theoretical Model of State-Corporate Crime displays a representative depiction of all state-corporate crime actors and their catalysts for action in a more parsimonious manner than the Integrated Theory of International Criminal Law Violation.
40
Yankulije, Hilaire. "Le contentieux international pénal dans les pays inter-lacustres d’Afrique : de la guerre froide a la cour pénale internationale." Thesis, Perpignan, 2017. http://www.theses.fr/2017PERP0058.
Testo completoAbstract (sommario):
L’objectif majeur de ce travail est de dresser un bilan de l’ensemble des litiges soumis et susceptibles d’être soumis aux juges relevant du droit international pénal ayant eu lieu dans les pays inter lacustres d’Afrique. Il articule autour des quatre axes principaux. Le premier axe consiste à placer le droit international pénal dans l’ensemble du droit international moderne. Le deuxième axe consiste à situer la criminalité de masse de la sous-région des pays inter lacustres d’Afrique dans le temps et dans l’espace tout en s’attardant sur le contexte politique et social dans lequel elle a eu lieu, son ampleur et son inhumanité. Le troisième axe quant à lui, s’attarde à la démonstration de quelles formes (chapeaux des crimes, et crimes sous-jacents) les crimes contre la paix et la sécurité de l’humanité se sont manifestés dans la sous-région des pays inter lacustres d’Afrique. Le quatrième et le dernier axe étudie les modes de participation aux crimes. Autrement, Il s’agit de passer en revue de la jurisprudence pour voir sous quels types de responsabilité les criminels des pays inter lacustres d’Afrique répondaient à leurs actes. Le présent travail permet d’étudier de long en large le génocide des Tutsis au Rwanda et s’attarde sur les éléments constitutifs des massacres perpétrés contre les communautés des hutus au Burundi, au Rwanda et au Congo dont l’hypothèse du génocide est fort avancée par le monde académique et diplomatique. Cela terminé, cette recherche analyse la jurisprudence des cours et tribunaux internationaux pour étudier les éléments contextuels et les crimes sous-jacents aux crimes de guerre et des crimes contre l’humanité. Il permet de comprendre d’une manière typique et circonstanciée les groupes protégés par les conventions internationales de droit humanitaires et les scénarios dans lesquels ce droit a été violé. En dernière analyse, ce travail étudie les modes de participation aux crimes contre la paix et la sécurité de l’humanité qui ont enclenché les responsabilités des criminels des pays inter lacustres d’Afriques. Les modes collectifs tels que les entreprises criminelles communes et la responsabilité du chef hiérarchiques sont succinctement étudiés en prenant pour cas d’études les massacres ayant eu lieu dans la région susmentionnée<br>This thesis aims at making an update compilation of the all crimes perpetrated in Democratic Republic of Congo, in Burundi in Uganda and in Rwanda. The above said crimes are those related to the international law judged and those to be judged by international criminal courts and tribunals. Our thesis articulates around four main sub topics. The first consist of studying the high moments of international criminal law and the place of this branch of law in international law arena. The second studies the high moments of mass killings in the inter-lacustrine region of Africa while the third identifies the crimes against the peace and security of humanity perpetrated in the above-mentioned region. These crimes include genocide, crimes against humanity and war crimes. The fourth and final area of focus demonstrates the forms of international criminal responsibility developed by Law case in International Criminal tribunal for Rwanda and in International criminal court as well. The present research explores broadly the genocide perpetrated against Tutsi in Rwanda and focuses on the elements of the massacres perpetrated against the hutu communities in Burundi, Rwanda and Democratic Republic of Congo on which genocide hypothesis is highly advanced by international community and some scholars. Moreover, this research has analyzed the jurisprudence of international courts and tribunals to study contextual elements and additional infractions to war crimes, and crimes against humanity. It provides a typical and comprehensive understanding of the groups protected by the international humanitarian law conventions and the scenarios in which this right has been violated. At the end, this work examines the liability in the crimes against the peace and security of humanity that have triggered the responsibility of criminals. The collective types of participation including joint criminal enterprises and command responsibility by taking the cases of study the massacres perpetrated in the above-mentioned region
41
Lewis, Mark. "International legal movements against war crimes, terrorism, and genocide, 1919-1948." Diss., Restricted to subscribing institutions, 2008. http://proquest.umi.com/pqdweb?did=1710343761&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.
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Rios, Contreras Viridiana. "How Government Structure Encourages Criminal Violence: The causes of Mexico's Drug War." Thesis, Harvard University, 2012. http://dissertations.umi.com/gsas.harvard:10752.
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Paula, Luiz Augusto Módolo de. "Genocídio e o Tribunal Penal Internacional para Ruanda." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-26032012-114115/.
Testo completoAbstract (sommario):
A presente dissertação de mestrado analisa a atuação do Tribunal Penal Internacional para Ruanda, corte com sede na Tanzânia, criada sob os auspícios da ONU e encarregada de processar as pessoas responsáveis por sérias violações ao Direito Internacional Humanitário cometidas durante o genocídio da população tutsi organizado por membros do governo e do exército de Ruanda em 1994, e que vitimou mais de 800.000 civis. Estuda-se a evolução do Direito Internacional Penal ao longo do século XX até a criação do Tribunal e a história e a organização política de Ruanda até a eclosão da guerra civil e do genocídio. Apresenta-se a estrutura, a competência e a dinâmica dos julgamentos, promove-se o estudo de quatro casos paradigmáticos julgados, e verificam-se os resultados concretos alcançados pelo Tribunal para impedir a impunidade, apontando este órgão judicial como importante precursor do Tribunal Penal Internacional criado pelo Estatuto de Roma em 1998. O trabalho também ambiciona perpetuar a lembrança de um dos maiores massacres da história, comparável ao próprio Holocausto, e o tratamento dado pelo Direito e pela comunidade internacional ao episódio<br>This dissertation examines the performance of the International Criminal Tribunal for Rwanda, Tanzania-based court, created under the auspices of the UN, in charge of prosecuting people responsible for serious violations of International Humanitarian Law committed during the genocide of the Tutsi population, organized by members of the government and the army of Rwanda in 1994, which killed over 800,000 civilians. It is studied the evolution of International Criminal Law over the twentieth century until the establishment of the Court, and also the history and the political organization in Rwanda until the outbreak of civil war and genocide. This dissertation presents the structure, competence and dynamics of the trials, promotes the study of four paradigmatic cases tried, and verifies the concrete results achieved by the Court to prevent impunity, pointing this judicial body as an important forerunner of the International Criminal Court created by the Rome Statute in 1998. The study also aspires to perpetuate the memory of one of the greatest massacres in history, comparable to the Holocaust itself, and treatment given by the law and by the international community to the episode
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Gowlett, Benjamin. "Justice denied? : the trial of general Yamashita Tomoyuki /." [St. Lucia, Qld.], 2004. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18980.pdf.
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Sarai, Sarbjeet Kaur. "The rape of the Balkan women, an argument for the full recognition of wartime rape as a war crime." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ45298.pdf.
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Price, Lisa S. "Making rape a war crime : the International Criminal Tribunal for the Former Yugoslavia and its treatment of sexual violence." Thesis, Leeds Beckett University, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.312977.
Testo completo
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Holm, Fanny. "Justice for victims of atrocity crimes : prosecution and reparations under international law." Doctoral thesis, Umeå universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-138761.
Testo completoAbstract (sommario):
This thesis takes its starting point from the need for a comprehensive approach towards justice following atrocities, and where not only the states in which the crimes were committed have a role to play. The thesis discusses atrocity crime (genocide, crimes against humanity and war crimes) prosecution and reparations procedures concerning individuals as two appropriate courses of action, through which non-territorial states may contribute to atrocity prevention and justice for the victims of atrocities. The analysis addresses whether, under international law, non-territorial states are allowed to, required to, or prohibited from facilitating prosecution and reparations procedures and includes an assessment of the extent to which international law relating to reparations fails to correspond to that applicable to prosecution. The implications of the lack of correspondence are analysed in light of the historical connection and separation of the two courses of action, the procedural and substantive legal overlaps between prosecution and reparations, and the underlying aims and functions of prosecution and reparations. The study covers a wide spectrum of international legal sources, most of them to be found in human rights law, humanitarian law and international criminal law. The study shows that while non-territorial states are included in both conventional and customary law as regards prosecution of atrocity crimes, the same cannot be said in relation to reparations procedures. This serious deficit and inconsistency in international law, is explained by the framing of reparations, but not prosecution, as a matter concerning victims and human rights, thereby leaving the enforcement of the rules to the discretion of each state. Reparation is also considered a private matter and as such falls outside the scope of the far-reaching obligations regarding prosecution. The study suggests taking further the responsibilities of non-territorial states in relation to atrocity crimes. Most urgently, measures should be considered that bring the legal space for reparations procedures into line with that for prosecution in, for instance, future discussions by human rights treaty-monitoring bodies and in the drafting of new international victims' rights, atrocity crimes or civil procedure instruments.
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Jansen, Elmo. "Violent Cities in Times of Peace : A Study on Reducing Criminal Violence in Post-War Urban Communities in South Africa." Thesis, Uppsala universitet, Institutionen för freds- och konfliktforskning, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-324942.
Testo completoAbstract (sommario):
The end of civil war does not equal the end of violence. Many post-war societies struggle with anoutburst of criminal violence in major cities, after armed conflicts have officially ended in peaceagreements. Crime control programs are a response to reduce criminal violence, but vary greatly interms of level of implementation, approach, and success. This study explores why some of thosecriminal violence control programs are successful in reducing violence, whereas others are not.Deriving from a theoretical framework of urban crime prevention, it is argued that a multi-sectoralcontrol program, targeting social and situational causes of crime, is more successful in reducingviolence in post-war urban communities than a single sector approach. Through a structuredfocused comparison, this hypothesis is tested on three urban communities in post-apartheid SouthAfrica, where high levels of criminal violence were addressed by three different types of crimecontrol. The results show that only the multi-sectoral approach correlates with a reduction ofcriminal violence levels. While the type of control program seems to impact the level of success,there are various other explanatory factors that correlate with a successful reduction of crime, suchas community participation and effective partnerships.
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Lawrence, Karen P. "The New Drug War or the New Race War: Incarceration's Impact on Minority Children, Families, and Communities." NSUWorks, 2014. http://nsuworks.nova.edu/shss_dcar_etd/16.
Testo completoAbstract (sommario):
This non-experimental study examines the issues of over-representation of minorities in the criminal justice system due to drug-related incidences, race relations, and the impact such representation has on families, children, and communities. The exploration of the current criminal justice efforts against drugs is presented through a meta-analysis qualitative lens in an effort to disseminate the information on those arrested, sentenced, and subsequently incarcerated for various drug offenses. In an attempt to understand the encyclical racial disparities that promulgate the criminal justice system, the study relies on information from several key theorists to cement the discussions in the research. Qualitative data from scholastic and governmental resources will be presented from which the exploration of how drug sentencing and race may be closely related. By examining various case studies, both historical and current, the goal is to clarify the various processes on which different actions have attempted to transform social relationships and the various constraints these movements faced when trying to implement and adapt these transformations.
The outcomes of this multi-layered study reveal the evolution of race relations and "identity formation" with which America attempts to change through various systematic processes. The study will examine how the implementation of governmental programs on incarceration impacts social classes and increases racial division. Three research strategies will be utilized: (1) qualitative analysis that covers racism from the media's portrayal of minorities, (2) review of the writings of theorists' addressing whether drug-related crimes or racism adds to disparity in the criminal justice system, and (3) examination of multiple case studies dealing with incarcerations' impact on minority children and communities. Data have been gathered from pre-published reports, newspapers, journals, and experiments conducted by social science theorists dealing with the new drug war and racism, and also the practices of restorative justice. This study suggests that racism is a phenomenon in the lives of every American or immigrant. Even with time and evident changes within society, racism still dominates and determines people's lives. Restoration is not inconsequential, and while various movements link social change with the governing of a new and different leader in America, this study will look at how it is possible to revisit race relations, and implement forgiveness through conflict resolution in an effort to enact systematic changes. These enactments have potential to preserve institutions and save future social infrastructure.
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Negash, Tesfamicael. "Accomplishments, shortcomings and challenges: evaluation of the Special Court for Sierra Leone." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4727_1183988504.
Testo completoAbstract (sommario):
<p>This thesis assessed the effectiveness of the Special Court in relation to the impact is has made in cultivating the rudiments of a human rights culture, dispensing justice, ending a culture of impunity, effecting unity and national reconciliation in post war Sierra Leone.</p>