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1
Plakhtii, V. M., О. А. Leonenko e M. V. Kravets. "DEVELOPMENT OF THE INSTITUTE OF CRIMINAL RESPONSIBILITY OF MILITARY SERVANTS AS ONE OF THE ELEMENTS OF COUNTRY SECURITY". Scientific Herald of Sivershchyna. Series: Law 2022, n. 1 (31 marzo 2022): 103–13. http://dx.doi.org/10.32755/sjlaw.2022.01.103.
Testo completoAbstract (sommario):
The article is devoted to the study of international legal aspects of the settlement of crimes related to military service and crimes committed during hostilities. The analysis of the international legislation and the legislation of Ukraine, their evolution and development in different periods of history concerning the essence of war crimes is carried out. In addition, it was noted that there are problems in defining the term crime, which in modern criminal law does not have a generally accepted definition. The most popular view is that crime is a category created by law. Therefore, a crime is anything that does not comply with the law. One of the proposed definitions is the following: a crime or misdemeanor (criminal offense) is an act that harms not only the individual but also the community, society or state. At the same time, the article mentions the international legal aspect in the regulation of war crimes, namely the Geneva Conventions: the Convention on the Treatment of Prisoners of War, the Convention for the Protection of Civilian Persons in Time of War, which in 1949 (after World War II) improving the fate of the wounded and sick. Conventions also define acts that are crimes. It is noted that the development of military law has also led to changes in the understanding of the concept of war crime and the introduction of appropriate responsibility for crimes against humanity and war crimes committed in the occupied territories. It is also emphasized that the issue of war is currently the most relevant for the realities of Ukraine and the world as a whole. Namely, the situation with the southern part of our country – Crimea and the events taking place in the east force us to react urgently to new threats and stand in the way of counteracting new problems of criminal law. Key words: military criminal offense, military criminal law, military service, serviceman, criminal liability.
2
Allahverdiyev, Alovsat. "Criminological specificity of war crimes, their difference from crimes against humanity and genocide". Journal of the National Institute of Justice, n. 4(67) (febbraio 2024): 54–60. http://dx.doi.org/10.52277/1857-2405.2023.4(67).08.
Testo completoAbstract (sommario):
At the present day sometimes crime of genocide is practically described as a crime against humanity, and the latter is characterized as war crimes. Although some similarity does exist between these kinds of crimes, they have different peculiarities by their constituent elements. These peculiarities possibly may be linked with warfare, but it wouldn’t be correct to bind them entirely with warfare. This difference can be found even in the charters of international criminal tribunals, particularly in various articles of Statute of the International Criminal Court: crime of genocide in Article 6, crimes against humanity in Article 7, and war crimes in Article 8 respectively. Unlike war crimes, crimes against humanity and crime of genocide can be perpetrated both in times of warfare and peace. It’s always important to distinguish the latter from war crimes.
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Odigwe, Chibuzo. "War crime". BMJ 328, Suppl S5 (1 maggio 2004): 0405202. http://dx.doi.org/10.1136/sbmj.0405202.
Testo completo
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Eldridge, Claire, e Julie M. Powell. "War/Crime". French Historical Studies 47, n. 2 (1 maggio 2024): 171–85. http://dx.doi.org/10.1215/00161071-11025095.
Testo completo
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Zubanskiy, M. K. "The concept and composition of war crimes in the context of international criminal law". Actual problems of improving of current legislation of Ukraine, n. 58 (28 febbraio 2022): 47–56. http://dx.doi.org/10.15330/apiclu.58.47-56.
Testo completoAbstract (sommario):
The article conducts a comprehensive study of the legal category of «War Crimes» in the context of the provisions of international criminal law and international regulations. To date, the concept of war crime has not received clear legal regulation in the provisions of international law, but has become widespread and applied in practice a list of acts that are recognized as war crimes under the Rome Statute of the International Criminal Court and the Geneva Convention.A full analysis of the category of «war crime» is impossible without studying the legal features of war crimes based on the provisions of international humanitarian law and the security doctrine of the international community, through the prism of the practice of international law.War crimes are characterized by the significance of those features of a criminal offense that are irrelevant in ordinary crimes and in war crimes allow to correctly classify a socially dangerous act and determine the rules of international law applicable to a person committing a war crime. A special feature of the subject of the crime is the presence of a special subject of war crimes, namely combatants or non-combatants. From a subjective side a military crime is accomplished consciously and with the intentional form of guilt. Marked, that during the estimation of publicly-dangerous act as military crime an important value has research of signs of perfect act through the prism of signs of soldiery crimes, that is certain the norms of Genevan convention and also Roman charter of the International criminal court. It is thus summarized that as a military crime the feasance of international or domestic conflict comes forward a subject or by the persons of act, that consists in gross, mass violation of norms of international humanitarian law and also in gross violation of rights and freedoms of persons, that participate battle actions or are in the district of realization of battle actions, equated with them.
6
Krychun, Yu. "WAR AND MILITARY CRIMES IN CRIMINAL LAW OF UKRAINE: FEATURES AND RELATIONSHIP WITH INTERNATIONAL CRIMINAL LAW AND FOREIGN LEGISLATION". Scientific Notes Series Law 1, n. 13 (marzo 2023): 109–14. http://dx.doi.org/10.36550/2522-9230-2022-13-109-114.
Testo completoAbstract (sommario):
The study deals with the conceptual and categorical apparatus of the field of criminal law, which relates to military and war crimes. It is noted that the concept of a war crime became enshrined in international legal acts relatively recently, namely in 1945 in the Statute of the Nuremberg Tribunal, but certain rules related to the prevention of war crimes existed from the time of the ancient slave-owning states of civilizations. The main norms regarding war crimes in the first modern sense of the codified act on the rules of war, the status of war victims, the rules of hostilities, namely the Liber Code of 1863, are given. Attention is focused on the Rome Statute of the International Criminal Court of 1998, where war crimes are defined as gross violations of the Geneva Conventions of August 12, 1949, as well as 26 other serious violations of the laws and customs of war, most of which have been considered crimes by states since the Second World War. Definitions of war crimes by various Ukrainian researchers are given: M. Piddubna, V. Repetsky, V. Lysyk, and others. The article points to the normative consolidation and definition of military criminal offenses and norms on war crimes in the Ukrainian national legislation. The foreign national legislation of Taiwan, the USA, and Poland regarding the regulation of the issue of military and war crimes is also analyzed. In conclusion, the main differences between war crimes and war crimes are given. It is also summarized that in democratic liberal legal states, different approaches to the regulation of offenses committed by military personnel during their service, that is, regarding war crimes, have developed. In English-language law, you can find the use of the terms "military crime" (as war crimes) and "war crime" (war crime). Punishment for war crimes can be defined as in the United States, where there is a separate Code dedicated to the offenses of military personnel of the US Army and the National Guard, which at the same time has its own military justice system.
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Ghosh, Arnab Kumar. "War Crimes and Crime of Genocide: Does the Laws really prevent Crimes in the Modern Society". International Journal for Research in Applied Science and Engineering Technology 10, n. 5 (31 maggio 2022): 4452–61. http://dx.doi.org/10.22214/ijraset.2022.43428.
Testo completoAbstract (sommario):
Abstract: The term Genocide and War Crimes is as old as the existence of the first social groups formed in human society which started happening throughout the generation. Each of those concepts has followed its own path and definition but sometimes there are considerable overlaps among them. These overlaps require progressive codification where both confirmed and reaffirmed in an effort to stop and punish the commission of such acts. It’s a very obvious question when the term war crime was used for the first time and when the first war crimes were committed during history by some famous empire that termed it in their own primitive societies. It was very common in between the wars or battles that were concluded by sacking a particular region after defeating them, and by slaughtering the soldiers’ and capturing the civilians. But at that time it was common war behavior by the successor party and never thought of considering it as war crimes. As far as genocide is concerned, this crime was first time codified under International Law and acted more swiftly than war crimes as some nightmare incident happened during World War II done by world’s greatest Nazi party. These crimes are also severe inhuman offenses which are committed in the most brutal way of violation of any human law. I have also tried to discuss the recent conflicts between Russia and Ukraine related to NATO discussion and how superpower countries using their powers just to make ensure their countries are as safe as heaven. These all wars led to War Crimes rise of War Criminals, and thousand to genocide cases. These atrocities crimes effect the future generation physically, mentally and with chemical sediments of those immigrants. Till date it is a major problem throughout the globe and especially in our country, which directs us to different riots, protests and other events without declaring it as genocide or any crime towards society. In this paper, I have tried to explore some facts and crime in detailed manner by covering the entire concept and how this concept of war crime and genocide affects the society, the social health and mental health of the people and some various definitions and law which till date people are unaware to such type of incident by calling them a simple crime or murder. Thus, this paper tries to analyze the difference which will help to understand the wholesome meaning and ideas of this atrocity crime. Keywords: Genocide, War, Generation, Crime, Atrocity.
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Fierieva, Natalia. "DIFFERENTIATION THE CRIME ACCORDING TO THE ART.405 OF THE CRIMINAL CODE OF UKRAINE WITH OTHER RELATED CRIMES AND OFFENSES". Slovo of the National School of Judges of Ukraine, n. 1-2(38-39) (21 novembre 2022): 196–208. http://dx.doi.org/10.37566/2707-6849-2022-1-2(38-39)-18.
Testo completoAbstract (sommario):
The article analyzes separate issues of the qualification of a war crime, provided for in Art. 405 («Threat or violence against a superior») of the Criminal Code of Ukraine. It considers a military crime, which provides for criminal liability in case of encroachment by subordinates on superiors and commanders in connection with their performance of military service duties. At the same time, judicial statistics maintained by the State Judicial Administration of Ukraine shows that with the beginning of hostilities in the East of Ukraine, the level of military crime has significantly increased, in particular, comparing with 2013. Thus, in 2017, the amount of servicemen convicted of war crimes (now military criminal offenses) increased more than in 15 times. And although it gradually decreased in the following years, it nevertheless remains stably high. In the system of military criminal offenses, war crimes against the order of subordination according to Art. 405 of the Criminal Code of Ukraine. During the period of 2011-2021, 184 servicemen were convicted of committing the specified crime, which indicates an unsatisfactory level of military discipline among a separate category of servicemen, whose criminal actions are aimed at violating the principle of subordination, as one of the fundamental principles in the construction of a military formation. Therefore, correct qualification of the specified military crime is extremely important, which requires relevant knowledge and experience in law enforcement activities. Key words: crimes against the established order of military service, war crimes, threat or violence against a superior, composition of the crime, objective side, qualification of war crimes.
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Sokurenko, Vitalii. "Military-Aggressive Crime as A Subject of War Criminology". Archives des Sciences 74, n. 2 (15 maggio 2024): 133–39. http://dx.doi.org/10.62227/as/74219.
Testo completoAbstract (sommario):
The article is devoted to the study of military-aggressive crime as a subject of war criminology. It is established that military-aggressive crime is an extensive system of criminal practices based on crimes of aggression. Armed aggression against Ukraine as a foreign policy manifestation and consequence of the functioning of the Russian fascist political regime has as its consequence and accompanying manifestations a number of violent war crimes, crimes against humanity, as well as genocidal practices. They determine a backlash in the form of a system of violent war-related crimes. On this basis, two epistemological blocks are distinguished in the structure of military-aggressive crime: crimes of action and reaction. They are interconnected. The first determines the second. A number of war criminals among Ukrainian combatants, as well as civilians, who commit aggressive and violent hate crimes are caused by previous crimes against them, representatives of their community. It is stated that there is a paradoxical international legal situation when ongoing aggression as an internationally wrongful act of the State is recorded in various formats and at various levels, including the highest level of the UN, but at the same time, the international community does not respond to the crime of aggression in the forms inherent in criminal justice.
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Cataleta, Maria Stefania. "The crime of aggression in the Ukrainian war". europa ethnica 79, n. 3-4 (2022): 142–45. http://dx.doi.org/10.24989/0014-2492-2022-34-142.
Testo completoAbstract (sommario):
The prosecutability of Putin for the crime of aggression against Ukraine raises procedural issues. The ICC has not jurisdiction for the crime of aggression in the Ukrainian war, except for genocide, crimes against humanity and war crimes. All these crimes have been abundantly documented also by media. The Russian military attack against Ukraine does not need evidence, it is in re ipsa. However, the possibilities of effectively launching an investigation for such conduct are few and uncertain.
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Bundz, Rostyslav, e Diana Yarovyk. "War crimes in criminal law of Ukraine". Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, n. 39 (22 agosto 2023): 162–67. http://dx.doi.org/10.23939/law2023.39.162.
Testo completoAbstract (sommario):
The article highlights the concepts, signs and classifications of war crimes. Disclosure of the meaning of the concept of "war crime" taking into account the provisions of international criminal law. Attention is focused on revealing the meaning of the concept of "war crime" taking into account the provisions of international criminal law. Ukraine is going through a difficult period of history associated with the armed conflict in the east of the country. This creates a serious need for the study and regulation of war crimes in the context of national criminal law. The formulation of the problem focuses attention on war crimes as an object of research. This allows us to determine the specificity of these crimes and the need for their separate legal regulation. Criminal acts in the context of armed conflict have their own characteristics and may differ from crimes committed in peacetime. Further research of this problem may include an analysis of the legal regulation of war crimes in Ukraine, a comparison with international norms, a study of the practice of prosecution of war crimes, as well as the development of proposals for improving legislation in this area. The article reveals the concept of a war crime in the criminal law of Ukraine, its characteristics, the list of war crimes provided for by the Criminal Code of Ukraine. Information is provided on the legal status and concept of war crimes according to Ukrainian legislation, as well as an analysis of international norms that regulate this problem. The problems of war crimes, the ways of their solution and regulation are disclosed. Analysis of sanctions for the commission of war crimes provided for in accordance with the legislation of Ukraine. Analysis of ensuring the rights of suspects and accused in war crimes, as well as compliance with international standards. Classification of war crimes of Ukrainian criminal law, which includes: crimes against peace, crimes against civilians and war crimes. Analysis of the protection of the rights of an individual, as well as ensuring a fair trial for suspects and accused persons.
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Felbab-Brown, Vanda. "Crime–War Battlefields". Survival 55, n. 3 (29 maggio 2013): 147–66. http://dx.doi.org/10.1080/00396338.2013.802859.
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Kvasha, Oksana, e Babanly Rasim. "International crimes in the conditions of war in Ukraine: problems of justice and criminal justice". Yearly journal of scientific articles “Pravova derzhava”, n. 34 (1 agosto 2023): 485–95. http://dx.doi.org/10.33663/1563-3349-2023-34-485-495.
Testo completoAbstract (sommario):
Introduction. Ukraine's victory in the on going war against Russia depends, among other things, on the mobilization of the entire domestic criminal justice system for effective investigation and prosecution of those guilty of crimes against the Ukrainian people. Russia's aggression in Europe did not begin in 2022 with a full-scale invasion of Ukraine, and not even in 2014 with the annexation of the Autonomous Republic of Crimea and the occupation of part of the Donetsk and Luhansk regions, but in 2008,when military operations were launched in Georgia. Unfortunately, neither in 2008 nor in 2014 did the international security system and the world react properly and mobilize efforts to prevent a full-scale war in the heart of Europe, a war with signs of genocide, terrorism and barbarism, the death of thousands of civilians, the destruction of critical infrastructure European state. The aim of the article is to determine the state of response to Russia's armed aggression by national and international legal means. Conclusions. Mechanisms for the administration of justice in connection with the commission of crimes currently exist at the national and international levels. The latter, in turn, has two directions: one of them is at the stage of collecting materials, recording and investigating war crimes, crimes against humanity and genocide; the second – in its infancy – at the stage of finding a concept and its further implementation regarding the creation of an international tribunal on the crime of aggression. It is necessary to find mechanisms to bring the representatives of the aggressor state and accomplice states (the Republic of Belarus, Iran) to justice. Since, in general, the entire Ukrainian society is a collective victim of the crime of aggression on the part of Russia, international institutions should be involved in order to carry out fair justice both for the leadership of the aggressor state, accomplice states (aiders), and every military person who committed crimes in Ukraine. Key words: international justice, international crime, aggression, internationaltribunal, fair justice, war crime, court, genocide, national security, state security,collective victim, International Criminal Court, crimes against humanity, complicity, self-defense.
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Šimić, Goran, e Amila Ferhatović. "PARAMILITARY AND WAR CRIMES COMMITTED IN BOSNIA AND HERZEGOVINA / PARAVOJNE JEDINICE I RATNI ZLOČINI POČINJENI U BOSNI I HERCEGOVINI". Pregled: časopis za društvena pitanja / Periodical for social issues 64, n. 1 (29 settembre 2023): 3–17. http://dx.doi.org/10.48052/19865244.2023.1.2.3.
Testo completoAbstract (sommario):
The last armed conflict in Bosnia and Herzegovina, which took place between 1992 and 1995, was a bloody one. Not only was lots of real blood were spilled, but metaphorically speaking, it resulted in millions of displaced persons, hundreds of mass graves, hundreds of places of detention, hundreds of thousands of prisoners of war, hundreds of thousands of tortured and destroyed lives. During the aftermath of the war, around 700 war crime cases were prosecuted, spanning one thousand defendants, and including all possible war crimes, including genocide. These war crime trials could be observed from different perspectives. While most of these crimes were committed by soldiers and police officers, among those who were not soldiers or police officers, one category is to be particularly observed, the paramilitary. Members of the paramilitary, not soldiers or civilians, according to the database of war crimes, were charged in some 5% of all war crimes cases. But then, if these persons are not soldiers or civilians, the question is who were they, and why they do what they did? Furthermore, what interest did they have in behaving in a way that is characterized as criminal, more precisely, a war crime. Among number of the war crimes committed by the paramilitary groups in Bosnia and Herzegovina, this paper will analyze ones including most serious crimes and those of most significance. By doing that, this paper will contribute to the better understanding of the position and behavior of the paramilitary groups involved in committing war crimes, further legal regulation of their position, and social understanding of the nature of paramilitary forces in and after the armed conflict.
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Krzysztof Krajewski. "Crime in second Polish Republic in the light of statistical data". Archives of Criminology, n. XXXIV (1 gennaio 2012): 531–67. http://dx.doi.org/10.7420/ak2012m.
Testo completoAbstract (sommario):
After Poland regained independence in 1918, the system of crime statistics had to be organised from scratch and unified. At the same time, until new criminal code became effective, there were three criminal laws each of them with different scopes and forms of criminalization. Because of this in 1924 – 1934, crime statistics were based on classification drafted by the State Police Headquarters. Only since 1934 the statistics were base on the classification of the new criminal code. There was also a problem of separating statistical data concerning more serious crimes, defined by L. Radzinowicz as “true crime” from petty offences (which today are subject to Offences Code). As far as crime dynamics is concerned, the interwar period should be divided into three subperiods of 1924-1930, 1931-1934, and 1934-1938. In the first period crime intensity fluctuated yet with an overall increasing tendency. In 1931-1943 there was an explicit increase, particularly in 1931 and 1931. Reasons for this should be sought in the influence of the Great Depression. Since 1935 there was a decrease in reported crimes. In the last year of available statistics, that is 1938, crime level was 22,3% lower than in 1934. What draws one’s attention is the differences in reported crime levels before and after the war. Particularly, in the 1950s and 1960s crime levels were comparable to those in 1920s, that is before the Great Depression. It fell below this level only in 1970s, and in 1980s it increased again to the level comparable with 1920s. Reported crime levels throughout the period of communist Poland was however lower than in most of 1930s before the war. At the same time, it is clear that present crime levels are much higher than any of those in the interwar period. Data concerning intensity and dynamics of murders between 1924-1937 are particularly interesting. In 1920s number of murders increased similarly to increase of overall crime figures. After 1930 number of murders fluctuated only and its dynamics diverged from an explicit increase in overall crime. This fact made L. Radzinowicz conclude that the Great Depression – unlike it influenced crimes against property – did not influence violent crimes in an the same way. A decrease in violent crimes during an economic depression can be related, according to the author, with decreased alcohol consumption resulting from lower incomes of the population. There are many signs that murders are related to differences in the level of civilization, economic, and cultural life of particular parts of the country before the war and not to the economy cycle. What is interesting in the light of this is that the number of murders in post-war Poland never approached the number of crimes which were observed before the war. Dynamics of robbery was much different. Number of robberies in 1920s uninterruptedly decreased, and it increased since 1930s. But in comparison to the post-war period, robberies seem almost marginal.
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Storchi, Alessandro. "Sexual Slavery as a War Crime: A Reform Proposal". Michigan Journal of International Law, n. 42.2 (2021): 369. http://dx.doi.org/10.36642/mjil.42.2.sexual.
Testo completoAbstract (sommario):
For the first time in the history of international criminal law, the ICC Elements of Crimes included a statutory definition of sexual slavery as a war crime and as a crime against humanity. Such definition is derived from, and in fact almost identical to, the definition of enslavement in the same text. In July 2019, that language for the first time was adopted and applied in the conviction of general Bosco Ntaganda, the first ever conviction for sexual slavery as a war crime and as a crime against humanity at the ICC, as part of the situation in the Democratic Republic of Congo. This note argues for a reform in the language of the crime of sexual slavery as present in the ICC Elements of Crimes. The present formulation of such crime fails to correctly provide an independent standing for sexual slavery: that is, it does not adequately characterize the sexual nature of the crime as opposed to the broader category of enslavement. The note will focus on the drafting history that led to the present language, as well as on the problems arising from the Ntaganda decision. The note highlights the theoretical and practical limits of the present formulation, and it will address the academic critiques the language already received. It will then provide for an alternative wording for the first element of the crime, a wording that is more reflective of the purpose arising from the negotiating history at Rome and that emphasizes the sexual nature of the offense.
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McGregor, Rafe. "A Literary Aesthetics of War Crime". Croatian journal of philosophy 21, n. 61 (21 maggio 2021): 135–53. http://dx.doi.org/10.52685/cjp.21.1.8.
Testo completoAbstract (sommario):
In order to develop a literary aesthetics of war crime, I examine the phenomenon of moral immunity in military memoir. Using three paradigmatic examples of memoirs of unjust wars characterised by the routine perpetration of war crimes, I argue that moral immunity is achieved by means of three literary devices: literary irresponsibility, ethical peerage, and moral economy. I then employ the proposed literary aesthetics of war crime to provide an answer to the perennial question of the relationship between literature and morality as well as to two specific instantiations of this question, the value interaction debate in literary aesthetics and the ethics of reading in literary theory. My conclusion is that the literary aesthetics of war crime demonstrates both that there is a systematic relationship between aesthetic value and moral value and that there is no systematic relationship between literary ambiguity and moral uncertainty.
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Oikya, Upal Aditya. "Wartime Sexual Acts as Prosecutable War Crimes". DÍKÉ 2020, n. 2 (11 marzo 2021): 108–23. http://dx.doi.org/10.15170/dike.2020.04.02.08.
Testo completoAbstract (sommario):
Human history is littered with the mass rape of women particularly as a military strategy in warfare, dating back centuries from ancient Greek, Roman, and Hebrew concubines through the Middle Ages to the 20th century ‘comfort women’ of the 2nd World War. Ancient literature explicitly refers to rape or the seizure of vanquished women, who were regarded as the enemy’s property, to become wives, servants slaves, or concubines. The plight of women worsened in the twentieth century when civilian women suffered the most consequences of armed conflicts including rape. Rape served as an oppressive and humiliating tool to severe family identity to dominate, demoralize, and destroy the entire enemy society and way of life. In the past, there appeared to be no international law that specifically dealt with rape in armed conflicts. This was caused by the ambivalent relationship between the law of armed conflict and gender-based crimes. Rape was overlooked as an unfortunate yet inevitable by-product of war. Both international humanitarian and human rights laws did not initially recognize rape as a serious war crime and a fundamental breach of human rights. This deafening legal silence and gap are being addressed through an ongoing evolutionary process by criminalizing wartime predatory sexual acts as a war crime, crimes against humanity, and even genocide. However, with the developments of international law and its practice, for the first time in the history, mass rape and sexual enslavement in the time of war be regarded as ‘crimes against humanity’ in a landmark ruling from the Yugoslav War crime tribunal in the Hague on 22 February 2001. But, even before that, some prior legal instruments for example the Lieber Code, promulgated during the American Civil War regarded [wartime] rape as war crime with capital punishment. Thus, this paper aims to analyze how the historical legal instruments have articulated the extend of criminality and culpability of wartime rapes and other sexual violence and their nexus with crimes of humanity, genocide, and war crimes within the corpus of international norms and criminal prohibitions as well as the historical development of wartime sexual acts as prosecutable war crimes.
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Simeunovic-Patic, Biljana, e Vesna Nikolic-Ristanovic. "Deconstruction of organised crime and research of war victimisation". Temida 27, n. 1 (2024): 7–27. http://dx.doi.org/10.2298/tem2401007s.
Testo completoAbstract (sommario):
There are many indications that various aspects and factors of large-scale war victimization could be made visible through the collection and analyses of data on organized crime in post-conflict societies. War victimisation could be understood as an outcome of opportunistic criminal activity: war conditions offer the unique opportunity to criminals and criminal groups (especially those involved in military or paramilitary formations) not only to restrain their destructive personal potentials but also to attain a new identity as ?national heroes? and gain a significantly better economic position as advantageous ?investments? to post-war criminal business. Crimes in war as well as war crimes, often perceived as basically launched by nationalistic (?blood and belonging?) ideology, could be examined from a broader hypothetical framework: nationalist ideologies should be considered not only as drives but also as means. By identifying themselves primarily as members of a specific nation who ?defend? (or victimize) a specific ethnic group, criminals of war provide not only the legitimization of crimes against other nations/ethnic groups but also of crimes against (primarily political) opponents within their ethnic group. The main aim of this paper is to argue for research on the continuity of organised criminal activities before, during and after ethnic conflicts in the Former Yugoslavia. This kind of research is argued to be a promising tool for the assessment of links between war and organized crime victimization as a way of getting a more comprehensive picture of the recent past. Research findings may further be used as the basis for creating comprehensive regional security strategies. Moreover, although the focus of this paper is on organised crime committed during the wars on the territory of the former Yugoslavia, its analyses and conclusions may be applicable to other similar contexts, including contemporary armed conflicts in different parts of the world.
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Guevara Bermúdez, José Antonio, e Lucía Guadalupe Chávez Vargas. "La impunidad en el contexto de la desaparición forzada en México = Impunity in the context of enforced disappearance in Mexico". EUNOMÍA. Revista en Cultura de la Legalidad, n. 14 (19 marzo 2018): 162. http://dx.doi.org/10.20318/eunomia.2018.4161.
Testo completoAbstract (sommario):
Resumen: La impunidad se define como la ausencia de castigo a los responsables de cometer delitos. En el caso de México, destaca la impunidad por el crimen de desaparición forzada de personas. La desaparición forzada se ha manifestado en México al menos en tres periodos: la Guerra Sucia, el conflicto Zapatista y la guerra contra las drogas. Los crímenes que se han cometido en esos contextos permanecen sin castigo, por lo que las víctimas permanecen sin ser reparadas de manera integral.El artículo busca dimensionar el caso mexicano sobre el crimen de la desaparición forzada a la luz de los elementos que componen el concepto de impunidad. Además, plantea una serie de propuestas tendientes a contribuir a la erradicación de la impunidad por graves violaciones a derechos humanos.Palabras clave: Derechos Humanos, impunidad, desaparición forzada, crimen, violencia.Abstract: Impunity is defined as the absence of punishment for those responsible for committing crimes. In the case of Mexico, impunity stands out for the crime of enforced disappearance of persons. The enforced disappearance has manifested in Mexico in at least three periods: the Dirty War, the Zapatista conflict and the war on drugs. The crimes that have been committed in those contexts remain unpunished, so that the victims remain without an integral reparation.The article seeks to analyze the Mexican case on the crime of forced disappearance considering the elements that make up the concept of impunity. In addition, it explores a series of proposals tending to contribute to the eradication of impunity for serious human rights violations.Keywords: Human Rights, impunity, forced disappearance, crime, violence.
21
Martin, Theodore. "War-on-Crime Fiction". PMLA/Publications of the Modern Language Association of America 136, n. 2 (marzo 2021): 213–28. http://dx.doi.org/10.1632/s003081292100002x.
Testo completoAbstract (sommario):
AbstractThis essay tells the story of how the War on Crime helped remake American crime fiction in the 1960s and 1970s. Amid starkly racialized public anxieties about rising crime rates and urban uprisings, Lyndon B. Johnson officially launched the War on Crime in 1965. The cultural logic of Johnson's crime war infiltrated various kinds of crime writing in the ensuing decade. Tracking the crime war's influence on the police procedurals of Joseph Wambaugh; the Black radical novels of Sam Greenlee, John A. Williams, and John Edgar Wideman; and the vigilante fiction of Donald Goines and Brian Garfield, I argue that crime fiction in the War-on-Crime era emerged as a key cultural site for managing divergent political responses to a regime of social control that worked by criminalizing both race and revolt. By studying how novelists responded to the formative years of the War on Crime, we can begin to understand the complex role that literature played in alternately contesting and abetting the postwar transformation of the United States into a carceral state.
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Humbat Musayev, Erkin Humbat Musayev. "INTERNATIONAL CRIMINAL LAW AND AR (AZERBAIJAN REPUBLIC) LEGISLATION GENOCIDE CRIME AND ITS COMPARATIVE ANALYSIS WITH OTHER INTERNATIONAL CRIMES". SCIENTIFIC WORK 53, n. 04 (28 febbraio 2020): 48–52. http://dx.doi.org/10.36719/aem/2007-2020/53/48-52.
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Baly, Monica. "Nazi war crime nurses". Nursing Standard 5, n. 27 (27 marzo 1991): 41. http://dx.doi.org/10.7748/ns.5.27.41.s47.
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Pannocchia, David. "War, Crime and Disease". Groundings Undergraduate 9 (1 aprile 2016): 72–87. http://dx.doi.org/10.36399/groundingsug.9.199.
Testo completoAbstract (sommario):
Since 9/11 and the declaration of the War on Terror, terrorism has featured prominently in the 21st century security agenda. As a result, a wide range of counterterrorist measures have been developed in order to provide security in states across the globe. Yet their intensification, while ostensibly diminishing one threat, has arguably increased the threat to another: civil liberties. By adopting Sederberg’s typology of counterterrorist measures into war, crime and disease approaches, the following analysis seeks to determine the degree to which they alter the balance between security and liberty. Drawing upon evidence from counterterrorist strategies in the US, UK, EU, France and Norway, this article demonstrates that liberal democracies should refrain from securitising or de-politicising terrorism, as either approach would come at a cost to liberty and security, respectively. Rather, the politicisation of counterterrorism, found particularly within the crime approach, offers the most practicable balancing solution to the ‘double threat’ of terrorism.
25
Krychun, Yuriy. "War crime in the conditions of the Joint Forces Operation: a criminological description". Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, n. 3 (30 settembre 2020): 179–85. http://dx.doi.org/10.31733/2078-3566-2020-3-179-185.
Testo completoAbstract (sommario):
The article is devoted to the study of the concept of war crime and analysis of its forensic characteristics. The study analyzed the concepts of crime, war crime and the probable reasons for their commission. It is determined that military service is an extremely important type of activity, as it is designed to ensure state security and protection of the state border of Ukraine. The main military formation in Ukraine is the Armed Forces of Ukraine, the procedure of which is determined by the relevant legislation, according to which the Armed Forces is an independent state and legal institution, a reflection of modern Ukrainian society, but with its specific demographic, organizational, social, psychological and legal features. It is established that any crime is a negative social phenomenon that poses a threat to both society and the state. The social danger of each crime is manifested in the task or the creation of the danger of causing significant harm to public relations: the interests of the individual, society, state, which are protected by criminal law. But in war crimes behind these relations are the interests of a higher order – the military security of the state: the state of combat capability of the Armed Forces, other military formations, the ability to perform tasks set by the state, and ultimately protect the country from possible military aggression. Any crime against military service undermines the combat capability of military units, as a consequence, causes significant damage to the combat capability of the Armed Forces of Ukraine and, ultimately, to the military security of the state. Thus, the social danger of war crimes finds its expression in the task or in the creation of a threat of significant damage to the interests of military security of the state in the field of its defense and, therefore, is characterized by an increased degree of public danger. For Ukraine, in terms of the Operation joint forces, war crimes are extremely negative, as these are the factors that undermine combat readiness, military discipline and legal consciousness of the servicemen, creates the conditions for the loss of military personnel, military property, and therefore requires the authorities to use all necessary resources to fight and prevent the Commission of war crimes. Thus, the data on the person that has committed war crimes, as an element of criminalistic characteristics are of fundamental importance because they are a solid information base, which later during the establishment of corresponding co-dependent relationships will determine the other unknown elements of criminalistic characteristics.
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Prashad, Ritesh. "Reducing Genocide to Law Definition, Meaning, and the Ultimate Crime By Payam Alhavan". Jindal Journal of International Affairs 3, n. 1 (1 ottobre 2013): 169–77. http://dx.doi.org/10.54945/jjia.v3i1.45.
Testo completoAbstract (sommario):
Who will say that 'genocide is not an ultimate crime'? Here is an author who thinks reasonably different and challenges the authority of such labelling in the international criminal law. He argues that as per taxonomy of crime genocide , as it sounds to be barbarous, monstrous, and as a crime of crimes, can be placed on equal footing with war crimes and crimes against humanity. He questions the jurisprudential veracity and power of the word genocide and argues that its genesis is beyond criminal jurisprudence
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Kvasha, O. O. "Actual problems of the criminal and legal policy of Ukraine in the conditions of war". TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, n. 14 (1 settembre 2023): 41–47. http://dx.doi.org/10.33663/2524-017x-2023-14-41-47.
Testo completoAbstract (sommario):
Scientific research in the field of criminal and legal counteraction to corruption should be aimed at achieving such a result as minimizing the causes and conditions of corruption and corruption-related offenses, reducing their destructive impact on the already weakened economy, as well as the welfare of the Ukrainian population, the inevitability of being drawn to criminal liability of all persons involved in corruption. The norms on collaborationism, which were adopted in a hurry, have already been criticized by domestic scientists and need improvement. After the de-occupation of all our territories, it is impossible to allow unjustified prosecution of Ukrainian citizens who did not participate in collaborative activities. After the victory in this war, Ukraine, as a victim of the most brutal crime of aggression by Russia in the 21st century, having already some experience in countering the commission of international crimes and their investigation, should initiate the creation of the Code of International Crimes. Protection of victims from crimes is an actual area of criminal law policy. Despite the fact that the term «victim» is used by other sciences of the legal cycle, its meaning is directly related to criminal law. In recent years, the issue of classifying the victim as a subject of material criminal law relations has been actively discussed. Current problems of the criminal law policy of Ukraine, the most important in the conditions of war, can be divided into three groups. The first is the traditionally priority areas that only increased their relevance during the war (fighting corruption, terrorism, organized crime, etc.). The criminal law protection against corruption in all spheres, primarily in the sphere of defense, is the important factor that will contribute to the victory of our state over Russia. The most recent are directions that became relevant during the war (combating international and military criminal offenses, crimes against the foundations of national security (against the state), expanding the list of circumstances that exclude the criminal illegality of an act). The concept of self-defense as legitimate defense comes from domestic law, primarily criminal law. Necessary defense against the actions of an aggressor should be considered as legitimate socially beneficial violence. The predicted directions, which are actualized during the period of post-war reconstruction of the state, are countermeasures against the increase in the level of violent crime, suicides, and crimes related to the use of weapons. Key words: criminal law policy, counteraction, corruption, organized crime, violence, necessary defense, fair justice, international crime, war crime, crimes against the foundations of national security of Ukraine, criminal organization, terrorism, collaborationism, state security, victim.
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Jug, Jadranko. "Odgovornost za štetu i naknada štete počinjene ratnim zločinom". Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, n. 1 (2018): 601–28. http://dx.doi.org/10.30925/zpfsr.39.1.20.
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<span>War crimes are the most serious criminal offences, which in terms of their characteristics are related to violations of the rules of international law during a war, armed conflict and occupation. One of the consequences of the commission of war crimes is material and non-material harm, caused as a rule to a large number of people. Therefore liability for damages and reparation of the harm caused to the victims of war crimes is equally as important as the criminal prosecution of the perpetrators themselves. In the territory of the Republic of Croatia and neighbouring Bosnia and Herzegovina, wars and armed conflicts were waged in recent history, and war crimes were committed. Still today criminal proceedings and proceedings for payment of damages and reparation for the harm that was caused are being conducted against the perpetrators and the responsible persons. Regarding liability for damages for the war crimes committed, the state will very often appear alongside the wrongdoer as the responsible person, and as a result the question will arise of the expiration of the statute of limitations for reparation towards a state. It is also important to differentiate war damage and acts of terrorism from a possible war crime and, regarding payment of damages to victims of war crimes, it is necessary to conduct rapid and efficient compensation proceedings. The subject of this paper is an analysis of the legislation and case law related to liability for damages and the harm caused by war crimes. The paper first explains the terminology and the differences between a war crime, war damage and an act of terrorism, and then liability is discussed for the harm caused by war crimes and reparation of that harm.</span>
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Potemkina, M. N. "ECONOMIC CRIME IN MAGNITOGORSK DURING THE GREAT PATRIOTIC WAR: THE INFORMATION CAPACITY OF HISTORICAL SOURCES". Bulletin of Udmurt University. Series History and Philology 29, n. 4 (25 agosto 2019): 656–59. http://dx.doi.org/10.35634/2412-9534-2019-29-4-656-659.
Testo completoAbstract (sommario):
The sources on the history of economic crime during the Great Patriotic War are considered in this article. They relate to an important industrial rear town - Magnitogorsk. The documentary materials of central and local archives, as well as publications in the local press of the war period, containing information that can be used for scientific purposes to study the problems of economic crime in the Soviet rear under extreme conditions of war, are examined. The revealed materials contain statistical data, descriptions of various types of economic crimes, analysis of the factors of their reproduction, change in the legislative base of the state counteraction to crime. It was concluded that, despite the incomplete preservation and dispersion of documents in various archives and funds, the identified materials have a high informative value and their scientific use will contribute to the integrated disclosure of the problem of economic crime in a rear industrial city of strategic importance.
30
Zhang, Beixiang. "On the development and research of crimes against humanity in international criminal Law". Academic Journal of Management and Social Sciences 2, n. 1 (24 marzo 2023): 72–75. http://dx.doi.org/10.54097/ajmss.v2i1.6373.
Testo completoAbstract (sommario):
After World War II, international crimes against humanity were officially established. And it is on its way to becoming an international crime. Therefore, at present, crime against humanity is still in the development stage, and its concept is not perfect enough. Many relevant systems are not clear enough. For example, in crime against humanity, many behaviors cannot be interfered by domestic and foreign criminal laws, so how to judge whether a crime or an act should be under domestic jurisdiction or international jurisdiction? There needs to be a clear institutional demarcation line within the jurisdiction. In addition, as a crime of international criminal law, the content of crimes against humanity may conflict with other contents of international crimes, so it is very necessary to distinguish the difference between the two. Through the analysis of the concept of crimes against humanity and the elements of crime, this paper carries out research to make the concept of crimes against humanity in international criminal law clearer.
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Andrukhiv, Oleh. "Legal assessment of russian crimes in Ukraine". Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, n. 17(29) (12 giugno 2024): 19–24. http://dx.doi.org/10.33098/2078-6670.2024.17.29.19-24.
Testo completoAbstract (sommario):
Purpose. The purpose of our research is to form a legal assessment of Russian war crimes in Ukraine, including on the basis of the historical retrospective of human rights violations that took place in the Soviet era. Method. The methodology includes the complex use of scientific approaches and principles, as well as general scientific, philosophical and special scientific methods. Results. It was established that during the more than ten-year period of Russia's military aggression against Ukraine, many violations in the field of international law were committed, related to the violation of human rights and international humanitarian law. Many of these violations can be equated to war crimes and crimes against humanity. Among them, deliberate killings of both civilians and prisoners of war occupy an important place. In our opinion, it is worth paying attention to the most revealing «war crimes» committed by Russia in Ukraine and which require its prosecution, namely the deportation of minors; execution of prisoners of war; the crime of ecocide; mass killings and abuse of the civilian population. It was established that the national legislation does not provide for the definition of «war crimes» at all and operates only with the concept of «war crimes», which does not fully reflect the essence of the problem. As a result, it is now necessary not only to harmonize the norms of national and international legislation in the context of defining the content of such types of crimes as war crimes, crimes against humanity and the crime of aggression, but also to intensify the attention of international institutions responsible for their investigation. Scientific novelty. An analysis of national legislation on the qualification of war crimes committed and committed by Russia in Ukraine was carried out. Practical significance. The results of the research can be used in further historical and legal studies, preparation of special courses.
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Dragonenko, A. "CONCEPTS AND SIGNS OF WAR CRIMES IN INTERNATIONAL CRIMINAL LAW". Scientific Notes Series Law 1, n. 12 (ottobre 2022): 151–57. http://dx.doi.org/10.36550/2522-9230-2022-12-151-157.
Testo completoAbstract (sommario):
The article examines the norms of current international criminal law, from the standpoint of the lack of a conceptual definition of the concept of "war crimes", which, in turn, is a gap in international law. Considering war crimes from the current point of view, given the accumulated positive scientific achievements and law enforcement practice, it is reasonable to define them as gross violations of international humanitarian law committed during armed conflicts (international and non-international), entailing individual criminal responsibility for international right. It is clarified that war crimes are a type of crime against the peace and security of mankind, in connection with which they have common features for these crimes: increased degree of public danger; the orientation of such criminal acts on the interests protected by international law; their criminalization and punishment are carried out in accordance with international law. It is proved that war crimes are characterized by special (peculiar only to them) features: it can be committed only during an armed conflict; the object of encroachment is the procedure of armed conflict established by international law and the security interests of persons (individuals) protected by international law; gross nature of the violation; the consequences for the rights and interests protected by international humanitarian law; peculiarities of the subjective side - along with the features inherent in all crimes against peace and security of mankind, it is necessary for the perpetrator to be aware of the fact of armed conflict; the perpetrator of a war crime must be aware of the factual circumstances that indicate the protected status of persons - victims of the crime. Given these special features of war crimes, their detailed definition is proposed: socially dangerous, criminal acts committed during armed conflicts (international or non-international) that encroach on the established by international humanitarian law, the interests and security of defenders, and entail individual criminal liability in accordance with the rules of international criminal law.
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Marchesi, Diletta. "The War Crimes of Denying Judicial Guarantees and the Uncertainties Surrounding Their Material Elements". Israel Law Review 54, n. 2 (23 marzo 2021): 174–204. http://dx.doi.org/10.1017/s0021223721000030.
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In July 2020 the International Criminal Court opened the trial in the Al Hassan case. For the first time in the history of international criminal justice a defendant is being tried with the charge of the war crime of sentencing or execution without due process in the context of a non-international armed conflict. Together with its equivalent in international armed conflicts – the war crime of denying a fair trial – this offence falls within the category of the war crimes of denying judicial guarantees. Although there are differences in their constitutive elements, both offences prohibit states and armed non-state actors from depriving prisoners of war and civilians of certain minimum judicial guarantees. The provisions that regulate these two crimes, however, present interpretative and practical issues which, so far, have not received sufficient consideration. Most notably, the material elements of the offences raise a range of interpretative doubts and are of cumbersome application. The objectives of the article are (i) to identify the issues posed by the material elements of the war crimes of denying judicial guarantees, (ii) to warn of the pitfalls hidden by the interpretation of the offences, and (iii) to trigger the debate on the issues that the crimes raise.
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OVCHINNIKOV, R. "War crimes: legal regulation and ways to improve the criminal legislation of Ukraine". INFORMATION AND LAW, n. 4(23) (14 dicembre 2017): 122–27. http://dx.doi.org/10.37750/2616-6798.2017.4(23).273133.
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The article will interpret the concept of a war crime, the types of these crimes and the responsibility for their commission. The views of different scholars on the legal regulation of criminal legislation on this topic are analyzed and ways of improvement are considered. The attention is also concentrated on the problems of the application of criminal law in relation to war crimes.
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Kestenbaum, Jocelyn Getgen. "All Roads Lead to Rome Combating Impunity for Perpetration of Slave Trade and Slavery Crimes". Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence 5, n. 1 (25 giugno 2024): 177–202. http://dx.doi.org/10.7590/266644724x17174924229768.
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The Republic of Sierra Leone has proposed amendments to the Rome Statute of the International Criminal Court (ICC) to include, inter alia, provisions for the slave trade as a crime against humanity and has recommended that the General Assembly include the slave trade as an enumerated crime in the Draft articles on Prevention and Punishment of Crimes Against Humanity (CAH) (Draft articles). This declaration came nearly five years after Cardozo's Benjamin B Ferencz Human Rights and Atrocity Prevention Clinic, on behalf of slavery crimes expert Patricia Viseur Sellers, sent commentaries to the United Nations International Law Commission (ILC) to revise in a similar fashion the Draft articles. The Rome Statute creates a wide impunity gap by omitting the slave trade entirely as a war crime and crime against humanity and by including only those conflict-related slavery acts that include causing someone to engage in an act of a sexual nature. Specifically, the Rome Statute does not enumerate the slave trade or slavery under Article 8 as war crimes. It does not define the slave trade within the crime of enslavement under Article 7(g) as a crime against humanity or explicitly enumerate the slave trade within the context of a widespread or systematic attack against a civilian population. War crimes conduct is not captured fully or explicitly under ICC jurisdiction because the Rome Statute sanctions only persons exercising powers attaching to the rights of ownership who also cause that person to engage in an act of a sexual nature. Crimes against humanity conduct also escapes legal sanction when perpetrators transport or otherwise engage in any slave trade acts without exercising powers attaching to the right of ownership over a person. Furthermore, the Rome Statute's bifurcation of enslavement and sexual slavery lead to non-factual, incomplete, and discriminatory results. Sexual slavery is enslavement; its separate enumeration as a crime against humanity has required some victims to prove additionally that they were caused to engage in an act of a sexual nature in violation of non-discrimination and others' slavery harms to escape legal characterization altogether.
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Kaluzhna, Oksana, e Kateryna Shunevych. "LIABILITY MECHANISMS FOR WAR CRIMES COMMITTED AS A RESULT OF RUSSIA’S INVASION OF UKRAINE IN FEBRUARY 2022: TYPES, CHRONICLE OF THE FIRST STEPS, AND PROBLEMS". Access to Justice in Eastern Europe 5, n. 3 (13 agosto 2022): 178–93. http://dx.doi.org/10.33327/ajee-18-5.2-n000324.
Testo completoAbstract (sommario):
Ukrainian law enforcement agencies are investigating more than 18,000 war crimes and crimes of aggression, including 18,177 violations of the laws and customs of war, more than 5,000 murders and 6,000 civilian injuries, and about 23,000 destructions of civilian infrastructure. We note these figures without considering the number of crimes committed in the occupied territories and the places of active hostilities. The number of crimes increases every day. War crimes are a type of international crime, along with the crime of aggression, crimes against humanity, and genocide, which russia[1] is committing in Ukraine. However, in the article’s title, the term ‘war crimes’ is used in a unifying context. The researchers outline the range of war crimes and note the lack of systematisation due to the non-ratification of the Rome Statute by Ukraine, which significantly complicates the qualification of crimes for practicing lawyers. The authors then analyse such mechanisms of bringing the military, officers, and officials of russia to justice as: а) the International Criminal Court (ICC), b) ad hoc tribunals, с) the European Court of Human Rights (ECtHR), d) national judicial systems on the principle of universal jurisdiction e) criminal proceedings of Ukraine, f) eclectic forms of cooperation of justice bodies of Ukraine with foreign and international partners, together with the chronology of the first steps for each. The rationality of the establishment of a special international ad hoc tribunal exists because of the duration of the proceedings in the IСС, the ІСС workload and lack of funding, and the non-extension of the ICC jurisdiction to the crime of aggression due to Ukraine’s non-ratification of the Rome Statute; ensuring the impartiality of the court in the eyes of the international community. The authors draw the attention of the Ukrainian legislator to the need to improve the logistics of using foreign forensic experts’ opinions in criminal proceedings on war crimes in Ukraine by amending the Criminal Procedure Code (CPC) on the procedure for its verification as sources of evidence. The research methodology includes logical, historical, statistical, comparative law, and system-structural methods. The information base consisted of international legal acts, national legislation, official resources of authorities and international institutions, and other open data.
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Franco, Jean. "Rape and Human Rights". PMLA/Publications of the Modern Language Association of America 121, n. 5 (ottobre 2006): 1662–64. http://dx.doi.org/10.1632/pmla.2006.121.5.1662.
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According to the report of the United Nations commission on Human Rights, rape is the least condemned war crime (coomaraswamy, Further Promotion 64n263). Although wartime rape was listed as a crime against humanity by the Nuremberg Military Tribunals and by the Geneva Conventions, it was not until 2001 that the International Criminal Tribunal for the former Yugoslavia identified rapists as war criminals. In that year the tribunal sentenced three men for violations of the laws or customs of war (torture, rape) and crimes against humanity (torture, rape) committed during the war in Bosnia during the 1993 takeover of Foca, where women were systematically raped and killed, the purpose being “to destroy an ethnic group by killing it, to prevent its reproduction or to disorganize it, removing it from its home soil.”
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Angel Hernández, Greta E. "Terror through rape: Sexual violence inflicted in the context of the Mexican drug war". Civitas Hominibus. Rocznik Filozoficzno-Społeczny 18 (16 novembre 2023): 61–72. http://dx.doi.org/10.25312/2391-5145.18/2023_05ga.
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This essay examines the violent conflict between the Mexican government and cartels operating inside Mexico, which is still not legally recognized as a war. The result is the inability to punish soldiers-aggressors who commit rape as an official crime against humanity. Keywords: sexual violence, war crimes, conflict, feminism
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NAZARENKO, Pavlo, Liliia BAIEVA e Anna SEMENIUK-PRYBATEN. "Criminal responsibility for war crimes in the context of armed aggression against Ukraine". Economics. Finances. Law 7, n. - (28 luglio 2023): 6–9. http://dx.doi.org/10.37634/efp.2023.7.1.
Testo completoAbstract (sommario):
Introduction. Armed conflicts are one of the important problems of our time. They lead to social tension because the rights of not only military personnel, but also the civilian population are violated. At the international level, more and more attention is paid to such issues as war crimes during armed aggression. For Ukraine, the issue of criminal responsibility at the state and international level is relevant. The purpose of the paper is to analyze issues related to criminal responsibility for committing crimes during armed aggression in Ukraine. Results. War crimes during the armed aggression of Russia against Ukraine have been ongoing since 2014. However, with the beginning of a full-scale invasion, they acquired a systematic character. In international humanitarian law, a gross intentional violation of the laws and customs of war is considered a war crime. War crimes are one of the main crimes of international law. The four Geneva Conventions of August 12, 1949 and Additional Protocol I to them of June 8, 1977 oblige states to criminalize serious violations of international humanitarian law in their national legislation. Ukraine fulfills this requirement primarily by adding Article 438 "Violation of laws and customs of war" to the Criminal Code of Ukraine. The definition of criminal responsibility for committing war crimes is also contained in such an international act as the Rome Statute. The widest list of war crimes is enshrined in the Statute of the International Criminal Court, the so-called Rome Statute. The more discovered facts of war crimes in Ukraine appear in the public space, the more the term "genocide" sounds from various international bodies and public figures. The Verkhovna Rada also demanded that war crimes of the Russian Federation should be recognized as genocide against the Ukrainian people. Conclusions. For Ukraine, the problem of criminal responsibility for war crimes is and will be relevant. In the conditions of martial law, it is important that each such crime is discovered and investigated separately. After all, those who commit crimes against humanity should know that they cannot escape criminal responsibility. The specified features of war crimes will allow to distinguish them from other crimes in the future, and will allow to better specify and implement international criminal responsibility for their commission.
40
Dannenbaum, Tom. "Starvation and international crime". Revista Diecisiete: Investigación Interdisciplinar para los Objetivos de Desarrollo Sostenible. 09, OCTUBRE 2023 (3 ottobre 2023): 135–56. http://dx.doi.org/10.36852/2695-4427_2023_09.07.
Testo completoAbstract (sommario):
One of the most pernicious causes of the backsliding on global hunger is the human infliction of deprivation, whether in the form of belligerents’ decisions about how to wage war or governments’ decisions about how to exercise control over populations. Some of these decisions are criminal, but accountability is rare. Change requires building the confidence of prosecutors and investigators in the viability of the legal tools available, despite the relative graduality of the effects of deprivation as compared to other atrocity crimes, the challenges associated with establishing the cause of those effects in complex and multivariate conditions, and the fact that many of those subject to mass deprivation endure torturous suffering without dying. Given that context, the agents of international criminal accountability would do well to focus on the war crime of starvation of civilians as a method of warfare and the crime against humanity of “other inhumane acts.” This article explains why those crimes are most expressively and evidentiarily apt and charts the contours of the relevant law.
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Wijaya, Massulthan Rafi, e Ridwan Arifin. "Cyber Crime in International Legal Instrument: How Indonesia and International Deal with This Crime?" IJCLS (Indonesian Journal of Criminal Law Studies) 5, n. 1 (17 maggio 2020): 63–74. http://dx.doi.org/10.15294/ijcls.v5i1.23273.
Testo completoAbstract (sommario):
Cybercrime is a new type of crime arising from globalization in this world. This crime is more dangerous than other crimes because the impact can cause world war. It is undeniable that this crime in the present has grown as time goes by until now, there are many cases of this crime. All countries compete to advance their technology for positive things, but many people abuse it for negative actions. We must be vigilant if we want to use technology because there are many bad people out there, if we are negligent then we can be affected by those bad people. Then the lack of public attention now that there is a new type of crime that is more dangerous than other crimes. We must protect each other so that we are not affected by cybercrime. This crime does not only have one sector but can be in all sectors, because this crime can be said to be an extraordinary crime.
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Baranauskas, Andrew J. "War Zones and Depraved Violence: Exploring the Framing of Urban Neighborhoods in News Reports of Violent Crime". Criminal Justice Review 45, n. 4 (6 aprile 2020): 393–412. http://dx.doi.org/10.1177/0734016820915638.
Testo completoAbstract (sommario):
This study examines the role that the news media play in casting certain urban neighborhoods as particularly violent areas. It is possible that the news media serve as a key source of information about urban neighborhoods to the general public, just as the media are the main source of crime information to those who do not directly experience crime. Based on a thematic content analysis of newspaper reports of violent crime in four American cities, this study explores the language used by journalists to describe urban neighborhoods and the crimes that occur within them in reports of violent crime. Findings suggest that newspaper articles reporting crime in disadvantaged Black neighborhoods are likely to use intense language to describe the normalcy of crime and the terrible nature of crime in these areas. Reports of crime originating in affluent White neighborhoods are likely to highlight the unusual, shocking nature of the violence. Implications for perceptual and policy reactions to crime in urban neighborhoods are discussed.
43
Rawlings, Frank. "War Crime Investigation in Norway". Police Journal: Theory, Practice and Principles 58, n. 4 (ottobre 1985): 329–35. http://dx.doi.org/10.1177/0032258x8505800409.
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Czajewski, Stephen. "War on Crime in Canada". Probation Journal 41, n. 4 (dicembre 1994): 250. http://dx.doi.org/10.1177/026455059404100423.
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SCHLESINGER, PHILIP, e HOWARD TUMBER. "FIGHTING THE WAR AGAINST CRIME". British Journal of Criminology 33, n. 1 (1993): 19–32. http://dx.doi.org/10.1093/oxfordjournals.bjc.a048288.
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McGarry, Ross. "War, Crime and Military Victimhood". Critical Criminology 23, n. 3 (25 gennaio 2015): 255–75. http://dx.doi.org/10.1007/s10612-015-9268-5.
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Jodoin, Sébastien. "Terrorism as a War Crime". International Criminal Law Review 7, n. 1 (2007): 77–115. http://dx.doi.org/10.1163/156753607x181622.
Testo completoAbstract (sommario):
AbstractInternational humanitarian law (IHL) defines terrorism in a prima facie apolitical manner as acts or threats of violence committed by either States or non-States against certain non-combatants with the primary purpose of terrorizing them. It thus leaves some space for the use of violence by parties to a conflict, all the while holding them to respect certain fundamental principles. This distinctive brand of moral pragmatism is ideally suited to meeting the normative and moral challenge of terrorism and could prove useful to international efforts geared toward the suppression of terrorism through its influence over discourse and through direct prosecutions of the war crime of terrorism. To be effective though, certain limitations tied to the use of IHL must be overcome, relating notably to its scope of application. As the primary purpose of IHL is the limitation of chaos and human suffering, it has the potential to address the anarchy and anguish caused by terrorism.
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