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Статті в журналах з теми "General Council for Jewish Rights"
1
Battenberg, J. Friedrich. "Normative Entwicklungen der christlich-jüdischen Beziehungen in Frankfurt im Spätmittelalter." Aschkenas 32, no. 1 (April 27, 2022): 1–31. http://dx.doi.org/10.1515/asch-2022-0006.
Повний текст джерелаАнотація:
Abstract Social historical research assumes that Jewish living conditions of the imperial city Frankfurt had substantially deteriorated since their ghettoization in 1462. This deterioration announced itself normatively thirty years before against the backdrop of ecclesiastical demand for visible division regarding clothing and housing. It is a fact less known. This development had started with citizenship no longer being granted by the city council to Jews but they were mere inhabitants (»Beisassen«) protected by »Stättigkeit« which was then valid for all Jews. By which, in its first general version 1424, the old state of rights was still mirrored in order to limit successively from 1439 the rights of Frankfurt’s Jews. Finally, in the version of 1474, the council abandoned its autonomous municipal statuary law for ruling Jewish matters as far as it was not in accord with »Christian order« and »common law« which is canon law and Roman law, »Ius Commune«. So this meant in fact that the council submitted to the norms of Adversus-Judaeos of Papal church. The continuing imperial »Kammerknechtschaft« (Chamber serfdom) which was to secure the influence of emperor and empire could not keep back this process of detoriation of law.
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Battenberg, J. Friedrich. "Normative Entwicklungen der christlich-jüdischen Beziehungen in Frankfurt im Spätmittelalter." Aschkenas 32, no. 1 (April 27, 2022): 1–31. http://dx.doi.org/10.1515/asch-2022-0006.
Повний текст джерелаАнотація:
Abstract Social historical research assumes that Jewish living conditions of the imperial city Frankfurt had substantially deteriorated since their ghettoization in 1462. This deterioration announced itself normatively thirty years before against the backdrop of ecclesiastical demand for visible division regarding clothing and housing. It is a fact less known. This development had started with citizenship no longer being granted by the city council to Jews but they were mere inhabitants (»Beisassen«) protected by »Stättigkeit« which was then valid for all Jews. By which, in its first general version 1424, the old state of rights was still mirrored in order to limit successively from 1439 the rights of Frankfurt’s Jews. Finally, in the version of 1474, the council abandoned its autonomous municipal statuary law for ruling Jewish matters as far as it was not in accord with »Christian order« and »common law« which is canon law and Roman law, »Ius Commune«. So this meant in fact that the council submitted to the norms of Adversus-Judaeos of Papal church. The continuing imperial »Kammerknechtschaft« (Chamber serfdom) which was to secure the influence of emperor and empire could not keep back this process of detoriation of law.
3
HUL, Olha. "A COMPLAINT MADE BY THE LVIV JEWISH COMMUNITY AGAINST JUDGE JAN ZAIDLICH (1571)." From the history of Western Ukraine 18 (2022): 95–109. http://dx.doi.org/10.33402/zuz.2022-18-95-109.
Повний текст джерелаАнотація:
The struggle of the Jewish community of Lviv for the expansion of its rights in the field of judicial autonomy in the second half of the 16th century is traced. It is noted that according to the statute of Boleslaw the Pious (1264), which was based on the activities of Jewish communities in the Crown of the Kingdom of Poland, Jews could not submit to the authorities of Magdeburg law, but recognize the supremacy of Zemstvo law. It has been established that the privilege of King Casimir the Great in 1367 to confirm and extend the effect of the statute to the territory of Lesser Poland and the south-eastern territories of the kingdom was of decisive importance for the development of the judicial autonomy of the Jewish community of Lviv, because since then the Jews of Lviv could be subject not to the local wójt, but to the royal court. It is noted that in practice, the Jewish judiciary belonged to the competence of the voivode, who represented the interests of the monarch on the ground. It was emphasized that due to the large volume of work, the voivode was physically unable to deal with these cases, therefore, an additional position was created - a Jewish judge. It is indicated that this official usually belonged to the middle-affluent nobility, often performed other Zemstvo functions at the same time, and considered the position of judge as an opportunity for additional income. It is noted that the published document reproduces the protest of the Jews against their judge Jan Seidlich, who was not only a rich merchant from Lviv, but also a royal servitor (servant) and nobleman. It has been investigated that he came to the forefront of Lviv's historical events in the early 1570s and was the main leader of the public protest of Lviv residents against the city council in 1576–1577, for which in 1578 he was deprived of city rights, that is, effectively removed from city society. It was concluded that Jan Zaidlich, being in close relations with the nobility of the Russian voivodeship and the then voivode Mykolai Sinyavskyi, was appointed to this position due to his knowledge of the legal aspects of city and Zemstvo rights, but he failed to establish relations with representatives of the Jewish community, who depended on their court proceedings were handled by persons sympathetic to them. Keywords: Jewish community, Jewish jurisdiction, palatine, Jewish judge, burghers, city council, Jan Zaidlich
4
Kattan, Victor. "The Nationality of Denationalized Palestinians." Nordic Journal of International Law 74, no. 1 (2005): 67–102. http://dx.doi.org/10.1163/1571810054301004.
Повний текст джерелаАнотація:
AbstractOne in three refugees in the world today is Palestinian. The majority of these refugees have no nationality because they were denationalised by Israel's Nationality Law in 1952 after they had fled or been expelled from their homeland in 1948. Israel has refused to allow the majority Palestinian refugees, being displaced in 1948, the right to return to their homes in contravention of U.N. General Assembly Resolution 194 (III). Israel has also refused to allow the majority of Palestinians displaced in 1967 the right to return to their homes despite appeals from the International Committee of the Red Cross and despite calls from the UN Security Council. Since then Israel has manipulated the laws of occupation by transferring its civilian population into the territory it occupies whilst subjecting the indigenous Palestinian population to military law. In 2003, Israel enacted racially discriminatory legislation in the form of the Nationality and Entrance into Israel Law which the U.N. Human Rights Committee has specifically requested Israel revoke. This legislation restricts nationality and residency rights for Arabs resident in the Occupied Palestinian Territories whilst specifically excluding Jewish settlers from its application. These are some examples of the lengths to which the State of Israel is prepared to go – in order to maintain a Jewish majority in the country – even if they violate international law. This paper will examine whether the forced displacement and denationalization of Palestine's original non-Jewish inhabitants – including an examination of Israel's Nationality and Entrance into Israel Law (2003) – are compatible with the basic principles of international law today.
5
Özer, Utku, and Burcu Taşkın. "The Human Rights Action Plan and Turkey’s Non-Muslim Minorities." Journal on Ethnopolitics and Minority Issues in Europe 22, no. 1 (August 23, 2023): 63–93. http://dx.doi.org/10.53779/sbxx5423.
Повний текст джерелаАнотація:
On March 2021, Turkey’s President announced a new Human Rights Action Plan (HRAP), supported by the Council of Europe, to reform the judiciary system and strengthen democratic participation. Although the rights claims of Kurds and Alevis have been prominent, HRAP mentions neither by name. Instead, it includes articles about improving the rights of religious minorities by fighting discrimination and hate, to advance pluralism, revising the Foundations Law regarding the establishment and election of boards of directors of non-Muslim community associations, and providing leave for religious holidays regardless of faith. Given the current distrust between non-Muslim groups and the Turkish state, this study analyzed the political attitudes of Turkey’s non-Muslim minorities to understand how they develop creative solutions to protect their rights. To do so, we interviewed Armenian deputies in Turkey’s parliament and prominent figures from the Greek-Orthodox, Armenian, and Jewish communities, and also reviewed the minority deputies’ parliamentary work in depth between 2015 and 2021. We found that HRAP was widely discussed by both minority and opposition parliamentary deputies. However, they did not strongly welcome any of its provisions because the government had previously ignored or delayed their demands.
6
Jaroszyński, Tomasz. "Glosa do Wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 17 grudnia 2020 r. w sprawie Centraal Israëlitisch Consistorie van België i in., C-336/19." Przegląd Sejmowy 4(171) (2022): 189–202. http://dx.doi.org/10.31268/ps.2022.131.
Повний текст джерелаАнотація:
A decree of the Flemish Region provided for the use of reversible stunning as regards ritual slaughter. The decree was challenged by several Jewish and Muslim associations, claiming that it breached the Council Regulation No 1099/2009. In this framework, the Belgian court made a reference to the CJEU for a preliminary ruling regarding the interpretation of this regulation. In the commented case the CJEU sought a balance between the protection of animal welfare, as set out in Article 13 TFEU and freedom of religion, as guaranteed by Article 10 of the Charter of Fundamental Rights of the EU. It ruled that Regulation No 1099/2009 does not preclude legislation of a Member State which requires, in the context of ritual slaughter, a reversible stunning procedure. The commentary discusses doubts about the motives of the CJEU’s ruling, in particular relating to unjustified prioritisation of animal welfare over freedom of religion, and concludes that the decree violates the right to freedom of religion protected by the Charter.
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Dedurin, G. G. "International legal determination of the national minorities’ status in the Central and Eastern European countries within the Versailles system." Bulletin of Kharkiv National University of Internal Affairs 97, no. 2 (June 30, 2022): 269–80. http://dx.doi.org/10.32631/v.2022.2.24.
Повний текст джерелаАнотація:
Peculiarities of the international legal status determination of the national minorities within the Versailles system have been studied using the example of a number of Central and Eastern European countries. The governments of Czechoslovakia, Poland, and Hungary were asked, based on the norms of international law, to develop appropriate provisions for the protection of the rights of national minorities in order to prevent new conflicts and threats to peace.
The system of treaties, declarations and agreements, which were supposed to ensure the observance of the rights of national minorities and whose guarantor was the League of Nations, has been analyzed. In practice, this was embodied in giving minorities the right to submit petitions to the Council or Assembly of the League of Nations, as well as in the activities of the Permanent Chamber of International Justice. The right to submit petitions was used at different times by representatives of the Ruthenian minority in Czechoslovakia, the Russian minority in Eastern Galicia, the Jewish minority in Hungary, the German minority in Poland, etc.
The weaknesses of this system have been identified, which prevented the creation of effective international mechanisms for the protection of the rights of national minorities in the specified regions of Europe. In particular, it has been emphasized that the majority of treaties, conventions, treatises, etc. were openly sabotaged by the countries that were supposed to fulfill them. The governments of the countries of Central and Eastern Europe considered the proposed system unequal, because its conditions did not apply to a number of other multinational states that had similar problems. Conflict situations surrounding the problem of national minorities continued to arise. They were caused by various factors: from divided loyalties and irredentist movements to manifestations of governmental and social discrimination.
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Anastasiia, Ivanova. "Law on National Personal Autonomy as part of the Сonstitution of Ukrainian People’s Republic: history of creation : on history of creation". Yearly journal of scientific articles “Pravova derzhava”, № 31 (2020): 144–52. http://dx.doi.org/10.33663/0869-2491-2020-31-144-152.
Повний текст джерелаАнотація:
Introduction. The article reconstructs the process of drafting the law of UPR "On National-Personal Autonomy" as part of the Constitution of UNR in 1918. The history of drafting the text of the bill, its discussion and adoption is considered. Particular attention is paid to the authorship of the law on national and personal autonomy prepared by a special commission of the Vice-Secretariat of Jewish Affairs, composed of M. Zilberfarb, I. Ya. Khurgin and M. Shats-Anin. The aim of the article is to reconstruct the history of the preparation of the law on national-personal autonomy. The author regards it as part of the Constitution of UNR. The author argues that the authorship of the law, and, this part of the Constitution of UNR, belongs to a separate commission consisting of representatives of the vice secretary for Jewish affairs chaired by Moses Zilberfarb. Methods and results. The process of drafting the law, as well as its subsequent discussion and adoption, are discussed in detail. The most painful issues were the scope of the powers of the National Union and their right to collect taxes with a corresponding narrowing of the tax capacity of the state. The draft law was first considered by the Jewish National Council, then on December 19, 1917, by the General Secretariat. The Ukrainian Central Rada began considering the law on December 30, 1917, continued on January 2, 1918, and finally adopted it on January 9, 1918. Despite the fact that some points of the law caused controversy between the factions, and some memoir sources mention the extremely negative perception of the members of the Central Election Commission represented at the session of the law at the level of the idea of national and personal autonomy, while voting on the law as a whole there was “no dissent” or “abstained”. Conclusions. Such an approach allows to deepen the traditional interpretation of the law on national-personal autonomy as a testimony to the liberality of national policy of the Central Rada. The experience of drafting a law on national personal autonomy and its subsequent discussion and adoption demonstrates a successful combination of a deep professional approach and political thinking, an active position in the defense of their own interests - by Jewish politicians, and state thinking, the ability to compromise, uphold national state priorities through the involvement of national minorities as "allies" – by pro-Ukrainian politicians. This combination is evidenced by the existence of a significant influence of the Jewish factor on the development of the legal system of the young Ukrainian republic. Along with the obvious dependence of Ukrainian Jewry on the decisions of the Ukrainian government, there is every reason to argue that there has been a noticeable reverse influence of Jewish politicians on Ukrainian law, and ultimately about the mutual influence of Ukrainian and Jewish factors in Ukrainian lawmaking 1917–1918.
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Raby, Chloe. "R [Jewish Rights Watch (t/a Jewish Human Rights Watch)] v Leicester City Council." Oxford Journal of Law and Religion 6, no. 2 (May 4, 2017): 416–17. http://dx.doi.org/10.1093/ojlr/rwx003.
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Stone, Suzanne Last. "A Jewish perspective on human rights." Society 41, no. 2 (January 2004): 17–22. http://dx.doi.org/10.1007/bf02712700.
Повний текст джерелаДисертації з теми "General Council for Jewish Rights"
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Milli, Ece. "Assessing The Human Rights Regime Of The Council Of Europe In Terms Of Economic And Social Rights." Master's thesis, METU, 2012. http://etd.lib.metu.edu.tr/upload/12615020/index.pdf.
Повний текст джерелаАнотація:
This thesis seeks to answer the question whether economic and social rights have the same status with civil and political rights under the human rights regime of the Council of Europe. To this end, the thesis examines the assumptions with regard to the nature of economic and social rights, on the one hand, and civil and political rights, on the other. Second, it seeks to find out whether the nature of economic and social rights is different from that of civil and political rights. Third, it examines how the protection of and approach to the two sets of rights developed in the Council of Europe. Finally, it assesses the contemporary protection of economic and social rights in the Council of Europe in comparison to protection of civil and political rights.
2
Kovalyova, Yelena. "Protection of cultural rights of national minorities: critical analysis of the Council of Europe legal framework under the capabilities approach." Thesis, IMT Alti Studi Lucca, 2021. http://e-theses.imtlucca.it/345/1/Kovalyova_phdthesis.pdf.
Повний текст джерелаАнотація:
The dynamics characterizing the coexistence of numerous cultural systems within the European continent have been put under the test with increasing globalization, resulting in unprecedental scale and pace in the movement of people. Besides positive outcomes, these phenomena endangered the existence of grass-roots cultures of groups
in vulnerable positions, including the national minorities. The
challenges that minority groups face are not only triggered by counteractions from majority groups, state-driven resistence and growing fundamentalism, but also by modern mass-culture driven
unification. That all require support for sustainable development of minority cultures. As a human rights organization with jurisdiction over 47 states, characterized with diverse cultural profiles, the Council of Europe, is the agent expected to develop the effective solution for the protection mechanism. This research examines the Council of Europe legal framework as to its capacity to provide effective protection to cultural rights of national minorities. This question is approached from two perspectives. The
legal entitlements and their normative scopes are examined based on the analysis of the four leading Council of Europe conventions, two of which are specifically dedicated to cultural rights, one to human rights and one is specific to minority rights. The research deconstructs the good practices and standards, including the requirements to the domestic legal frameworks and policy instruments, posed by the Council of Europe to ensure effective protection of cultural rights of national minorities nationally. The convergencies between invoked
rights are examined under capability theory to establish the fertile functions facilitating the cultural capabilities of the rights-holders, including in cases when such fertile functionings are used by the
implementing bodies to cover the legislative lacunae. The analysis is conducted using historical, contextual, semantic and teleological interpretations of legal acts, based on the travaux preparatoires to the primary regulatory sources and the implementation practice, based on reports, country opinions, and the ECtHR case-law. The research determines strategy for the lex ferenda and future cultural policy frameworks. The thesis examines the changing approach of the
Council of Europe to safeguard the uniqueness of the cultural identities of national minorities internationally and within the States domestic systems, and examines how it correlates with the European identity concept and the value systems that constitute the corner stone of the Council of Europe statutory system.
3
Anyikame, Hans Awuru. "The role and effect of small arms in the recruitment of child soldiers in Africa: can the international law be strengthened?" Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5815_1365584973.
Повний текст джерелаАнотація:
It is an unfortunate and cruel reality that both government and armed groups used child soldiers during armed conflict. Child soldiers have become an integral part of government forces as well as insurgent groups in Africa and elsewhere. Most of them are being exploited as combatants, while others perform functions, such as porters, spies who are able to enter small spaces, cooks, messengers, lookouts, and even suicide bombers. Some of the most disturbing aspects of child soldiering are that some of them are being forced to kill or are themselves killed, sexually abused and are exposed to drugs. The use of child soldiers in conflicts is not a recent phenomenon and has indeed become a common practice that characterises modern conflicts. Recruitment is usually carried out forcefully or voluntarily by both government and rebel forces. The difference between these two types of recruitment is not always clear since their decision to join is always influenced by external factors. Examples of such reasons for voluntary recruitment include the desire to revenge, adventure, peer pressure, and need for belonging and survival. Concerning the reason for survival, some argue that, the children do not actually choose freely to become combatants, but are rather forced by circumstances. There are numerous reasons for the continuous targeting of children by armed forces and armed groups. These include shortage of combatants, the fact that children are easy to train physically and psychologically, and also that children are obedient and are readily available. The recruited children are compelled to take part in brutal induction ceremonies, where they are threatened and forced to kill or witness the killing of someone they know.
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Racho, Tania. "Le système européen de protection des droits fondamentaux." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020042/document.
Повний текст джерелаАнотація:
C’est par un regard systémique que sont abordés dans cette étude les rapports entre les ordres juridiques européens, Union européenne et Conseil de l’Europe, et les ordres juridiques nationaux sur le terrain spécifique de la protection des droits fondamentaux. L’ensemble des interactions a atteint un degré de sophistication tel qu’il est devenu difficile d’organiser leur analyse. L’approche par l’identification d’un système européen de protection des droits fondamentaux permet de dégager des règles, qui se présentent comme des effets de ce systèmes pour les ordres juridiques précités. Ainsi, la présomption de protection équivalente entre les droits fondamentaux est envisagée comme un élément déclencheur, formalisant les interactions entre les ordres juridiques dans un système. Celui-ci fonctionne grâce aux principes de subsidiarité, de proportionnalité et de sécurité juridique. Ces trois principes sont les règles du système, révélées par le regard englobant du système. Dans l’ensemble, il apparaît que l’adhésion de l’Union européenne à la Convention européenne des droits de l’homme serait pertinente mais ne représente pas une étape indispensable. En revanche, il serait souhaitable d’avancer vers une harmonisation matérielle plus poussée, qui pourrait être réalisée par les juges européens. Il suffirait d’élaborer des notions européennes communes et des obligations positives identiques à la charge des États, afin d’assurer une protection effective des droits fondamentauxThe relationship between the two european legal order, the European Union and the Council of Europe, and national legal orders is analysed through a systemic vision, on the specific field of protection of Fundamental rights. Their relation has become so intense that it is hard to organise a study about them. That is why the systemic approach helps consider those relations as a whole. The first step, that shifts the interaction between the legal orders mentioned into a system is the presumption of equivalent protection. Follows the discovery of the rules of the system, that are also an effect of this system. More precisly, the rules are the principle of subsidiarity, proportionality and legal certainty. It appears that there is no need for the European Union to acceed to the European Convention of Human Rights, even if it would make the legal relation easier. However, it could be useful for the effectiveness of Fundamental Rights to deepen the substantial harmonisation between the european legal orders through the identification by the judges of european autonomous concept and common positive human rights obligations
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Lindová, Jitka. "Možnosti didaktického využití Židovského muzea v Praze pro výuku v rámci občanského a společenskovědního základu RVP G." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-346716.
Повний текст джерелаАнотація:
This diploma thesis is focused on possibilities of civil and social/scientific basis education along with use of activities of the Jewish museum in Prague and its action. Theoretical part of the thesis compares three different perspectives of the museum as an institution and represents museological, pedagogical and museum- pedagogical knowledge. Furthermore, this part describes the relation between the museum and school as well as the museum and society. This part also contains characteristics of the Jewish museum activities and its history. Last passage of theoretical part includes a presentation of project education as a form of teaching. Practical part involves education project on human rights subject for students of secondary school. Theoretical part of the diploma thesis is based on study of technical literature, practical part comes out from Framework Education Programme for Secondary General Education. KEYWORDS Framework Education Programme for Secondary General Education, museum education, project teaching, Jewish Museum in Prague, human rights.
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Hilmy, Hanny. "Sovereignty, Peacekeeping, and the United Nations Emergency Force (UNEF), Suez 1956-1967: Insiders’ Perspectives." Thesis, 2015. http://hdl.handle.net/1828/5888.
Повний текст джерелаАнотація:
This research is concerned with the complex and contested relationship between the sovereign prerogatives of states and the international imperative of defusing world conflicts. Due to its historical setting following World War Two, the national vs. international staking of claims was framed within the escalating imperial-nationalist confrontation and the impending “end of empire”, both of which were significantly influenced by the role Israel played in this saga. The research looks at the issue of “decolonization” and the anti-colonial struggle waged under the leadership of Egypt’s President Nasser. The Suez War is analyzed as the historical event that signaled the beginning of the final chapter in the domination of the European empires in the Middle East (sub-Saharan decolonization followed beginning in the early 1960s), and the emergence of the United States as the new major Western power in the Middle East.
The Suez experience highlighted a stubborn contest between the defenders of the concept of “sovereign consent” and the advocates of “International intervention”. Both the deployment of the United Nations Emergency Force (UNEF) and its termination were surrounded by controversy and legal-political wrangling. The role of UNEF and UN peacekeeping operations in general framed the development of a new concept for an emerging international human rights law and crisis management. The UNEF experience, moreover, brought into sharp relief the need for a conflict resolution component for any peace operation. International conflict management, and human rights protection are both subject to an increasing interventionist international legal regime. Consequently, the traditional concept of “sovereignty” is facing increasing challenge.
By its very nature, the subject matter of this multi-dimensional research involves historical, political and international legal aspects shaping the research’s content and conclusions. The research utilizes the experience and contributions of several key participants in this pioneering peacekeeping experience. In the last chapter, recommendations are made –based on all the elements covered in the research- to suggest contributions to the evolving UN ground rules for international crisis intervention and management.Graduate
hilmyh@uvic.ca
Книги з теми "General Council for Jewish Rights"
1
Elazar, Daniel Judah. The Jewish polity: Jewish political organization from Biblical times to the present. Bloomington: Indiana University Press, 1985.
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2
Human rights monitoring mechanisms of the Council of Europe. Milton Park, Abingdon, Oxon: Routledge, 2011.
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3
Center for U.N. Reform Education. Managing change at the United Nations: Security Council reform, revitalization of the General Assembly, system-wide coherence, Secretariat and management reform, Human Rights Council. New York, N.Y: Center for UN Reform Education, 2008.
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4
General Council of the Bar (England and Wales). Rights of audience and rights to conduct litigation in England and Wales: The way ahead : the response of the General Council of the Bar. [London?]: The Council, 1998.
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5
Jacobs, Melissa. Lexi James & the council of girlfriends. New York: Avon Books, 2005.
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6
United Nations. International Commission of Inquiry on Darfur. Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General: Pursuant to Security Council resolution 1564 of 18 September 2004. Geneva: United Nations, 2005.
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7
M, Winter J., and Cassin René 1887-1976, eds. René Cassin et les droits de l'homme, le projet d'une génération. [Paris, France]: Fayard, 2011.
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8
Westheimer, Ruth K. Surviving salvation: The Ethiopian Jewish family in transition. New York: New York University Press, 1992.
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9
Conference, International Council on Archives Eastern and Southern Africa Regional Branch. Archives and the protection of people's rights: Proceedings of the XVth General Biennial Conference of the Eastern and Southern Africa Regional Branch of the International Council on Archives, Zanzibar, 26-30 July 1999. [Zanzibar]: The Council, 1999.
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10
Bar Council. Human Rights Committee., ed. Hanging by a thread: Human rights in Guatemala : report of the April 1993 visit to Guatemala by a delegation of the Human Rights Committee of the General Council of the Bar of England and Wales. London: Bar Council, 1993.
Знайти повний текст джерелаЧастини книг з теми "General Council for Jewish Rights"
1
Beretka, Katinka. "Critical Analysis of the Linguistic Rights Strategies of the Hungarian National Minority Council in Serbia." In Realising Linguistic, Cultural and Educational Rights Through Non-Territorial Autonomy, 121–37. Cham: Springer Nature Switzerland, 2022. http://dx.doi.org/10.1007/978-3-031-19856-4_9.
Повний текст джерелаАнотація:
AbstractThe Hungarian National Minority Council (HNMC)—the non-territorial autonomy body of Hungarians living in Serbia—has developed its activities since the first democratic elections held in 2010, to include a creative strategic framework in the field of official languages of communication in Hungary. Its first mid-term (five-year) strategy for the development of the linguistic rights of Hungarians was adopted in 2012, its primary goal being to improve the legal background for official communication in minority languages in general in the country, to enhance the efficiency and effectiveness of the application of the relevant rules by the public authorities and to develop the linguistic awareness of Hungarian national minorities by raising their awareness of language rights. These strategic goals were supported by a range of programmes primarily focused on information, financing, providing law enforcement and assistance, etc.; some of them were copied by other minority councils in Serbia as examples of good practice. The second Linguistic Rights Strategy was adopted in 2021, after a delay of a few years. Besides containing similar provisions as the first document from 2012, with respect to strategic programmes in the field of official communications, its subject matter also covers some other spheres, such as the use of Hungarian in education, information or culture, and it relies much more on the benefits of information technology. Because each strategy is only worth as much as it has accomplished, this paper aims to present and critically analyse the valid Linguistic Rights Strategy of the HNMC in light of its possible practical implications in the future, with special regard to the existing experience gained during the realisation of the previous strategy.
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Kostakos, Georgios. "The United Nations and the Russian-Ukrainian War." In Polarization, Shifting Borders and Liquid Governance, 383–95. Cham: Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-44584-2_23.
Повний текст джерелаАнотація:
AbstractWhatever was left of the good feelings resulting from the end of the Cold War came crashing down with Russia’s invasion of Ukraine in February 2022. Intense fighting, uncompromising rhetoric, and even threats of nuclear war have been the characteristics of this conflict, which can potentially escalate to World War III. This chapter provides an overview of UN efforts to prevent and/or stop the Russian invasion of Ukraine and/or help de-escalate the violence and find a peaceful solution. With the war still raging as of January 2023, when this chapter is being finalized, the findings about the inability of the UN to prevent such a major and largely foreseen conflict are concerning, particularly the failure of the UN Security Council to deal with a conflict that involves one of its five permanent members as an aggressor. While robust political responses from the UN General Assembly and the Human Rights Council have partly compensated for this, the UN Secretary-General, the top-most official associated with global peacemaking, has been unable or unwilling to engage beyond statements of principle and humanitarian support. All this bodes poorly for the UN and, more importantly, the world, which faces increasing geopolitical rivalries among significant powers that undermine efforts to achieve global goals for peace and sustainable development.
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Čtvrtník, Mikuláš. "Personality Rights, Privacy, and Post-mortem Privacy Protection in Archives: France and United Kingdom." In Archives and Records, 55–90. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-18667-7_3.
Повний текст джерелаАнотація:
AbstractThe chapter concentrates on personality rights, privacy, and post-mortem privacy protection in France and the United Kingdom. The French archival system applies several tools to protect the personality and privacy of the actors of archival materials. One of the tools at the basic level is the system of closure periods. On the one hand, France liberalised access to records, in a ground-breaking move in 2008, when it removed general closure periods which prevented access to the archives for 30 years after the record was created. However, France has maintained several closure periods for certain selected groups of archives. The second level of protection is represented by the French specific system of access to public archives under the “accès par dérogation”, which will be, among other things, examined in this chapter. Alongside France, the chapter will analyse the situation in the United Kingdom characterised by a highly decentralised system of access to public records, archives, and information in general. The specificity of the British model of access to archives and data protection lies in the establishment of multiple, multi-layered, and multi-faceted testing and examining public interest in the area of access to public records and archives. This is done in several phases; the first phase is carried out by the record and information creator, and the second phase then in the case of historical records (i.e., in the British legal system, records created more than 20 years ago) by the archives and at certain points at the national level by a specialised independent body: the Advisory Council on National Records and Archives. The chapter will demonstrate in detail the specificity of the British approach characterised by multi-faceted control and the existence of a range of mechanisms that guarantee the application of multiple public interests entering the field of access to records and information from different sides and perspectives.
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Levin, Geoffrey. "Zionists for Palestine." In Our Palestine Question, 186–216. Yale University Press, 2023. http://dx.doi.org/10.12987/yale/9780300267853.003.0007.
Повний текст джерелаАнотація:
The 1967 war shed new light onto the Palestinian problem, leading to the creation of a new group in 1973. Called Breira: A Project of Concern in Diaspora-Israel Relations, it became the first national American Jewish organization to endorse the creation of a Palestinian state alongside Israel. The chapter shows how political currents emanating from Israel brought about Breira’s rise, and later, its fall. Breira’s young American Jewish founders had spent time in Israel, where encounters with occupied Palestinians and inspiration from Israeli peace activists led them to conclude that Palestinian self-determination served Israel’s long-term interests. Once founded, Breira championed the pro-peace Israeli Council for Israeli-Palestinian Peace, led by Israeli General Matti Peled, who in 1976 negotiated with moderate members of the Palestine Liberation Organization (PLO). Following Peled’s lead, two Breira members met with those same PLO moderates. Israeli officials leaked a report from that meeting, forcing Breira to defend itself and the PLO meeting and eliciting a crisis from which the organization would never recover. American Jewish communal leaders now took a clear stand on even self-identified Zionist support for Palestinian rights, seeing it as counter to Jewish safety and Jewish life in Israel and across the world.
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Paasivirta, Esa, and Thomas Ramopoulos. "UN General Assembly, UN Security Council and UN Human Rights Council." In Research Handbook on the European Union and International Organizations, 58–81. Edward Elgar Publishing, 2019. http://dx.doi.org/10.4337/9781786438935.00010.
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Sorkin, David. "Civil Rights in Western Europe." In Jewish Emancipation, 72–79. Princeton University Press, 2019. http://dx.doi.org/10.23943/princeton/9780691164946.003.0006.
Повний текст джерелаАнотація:
This chapter focuses on how western European states introduced limited changes to the Jews' status in the eighteenth century. England introduced a policy of naturalization for Jews in its colonies in part to compete with Holland's successful free port (St. Eustatius). However, only the wealthy could aspire to naturalization. The merchant elite's effort to gain easier naturalization with the “Jew Bill” (1753) failed when it became embroiled in the general Whig-Tory conflict. In France, the Jews of Bordeaux reached the acme of corporate privileges by gaining residential and commercial freedom throughout the kingdom. In contrast, Alsatian Jewry continued to suffer from major restrictions. The privileges it brought from the Holy Roman Empire were at odds with a centralizing French administration. Moreover, occupational and residential restrictions that forced Alsace's Jews into moneylending and petty trade created enduring tensions with the surrounding populace. Louis XVI's patents (1784) removed one demeaning law but otherwise imposed harsher laws on most Jews while further privileging the wealthy. Since Louis XVI's Edict of Toleration for Protestants (non-Catholics) did not apply to Jews, his government attempted, but failed, to produce legislation for Jews modeled on Joseph II's.
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"I General Introduction." In Council of Europe Manuals - Human Rights in Culturally Diverse Societies (2 vols.), 1–5. Brill | Nijhoff, 2009. http://dx.doi.org/10.1163/ej.9789004172746.i-232.4.
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Rosman, Moshe. "Jewish Autonomy in Poland and the Polish Regime." In Categorically Jewish, Distinctly Polish, 183–200. Liverpool University Press, 2022. http://dx.doi.org/10.3828/liverpool/9781906764852.003.0012.
Повний текст джерелаАнотація:
This chapter explores Jewish autonomy in the Polish–Lithuanian Commonwealth. The Jewish community in the early modern period was renowned for its autonomous rights, which formed the framework within which it conducted its affairs. Foreign Jewish observers were impressed by the structure of the Polish Jewish system of autonomy, which was composed of institutions at three levels: the kahal (communal council) which managed the kehilah (individual local community), the va'ad galil (regional council), and the two national councils: the Polish Va'ad Arba Aratsot (Council of Four Lands) and the Lithuanian Va'ad Medinat Lita (Council of the [Jewish] State of Lithuania). These same observers marvelled at the scope of Jewish authority. The Jews judged themselves, taxed themselves, legislated for themselves, administered their own communal affairs, set up supervisory bodies, enjoyed meaningful powers of enforcement, and conducted negotiations and diplomacy.
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Williams, Abiodun. "Human Rights." In Kofi Annan and Global Leadership at the United Nations, 77–96. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/9780191939754.003.0005.
Повний текст джерелаАнотація:
Abstract Chapter 4 focuses on Kofi Annan’s promotion and elevation of human rights in the work of the UN. It examines his vision for human rights; the use of the moral authority of the Secretary-Generalship in support of human rights; and mainstreaming human rights within the organization. He believed that democracy provides an environment for the protection and realization of human rights, and that the UN should nurture the conditions of democracy rather than fixate on its forms. He persuaded member states to create the Human Rights Council, alongside the Security Council and the Economic and Social Council, in order to establish human rights at their proper level within the system. The chapter includes a case study of his response to a human rights crisis in the Democratic Republic of the Congo in his first year as Secretary-General, and his efforts to ensure respect for human rights during the campaign against terrorism after the 9/11 attacks in the US.
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Connors, Jane. "19. United Nations." In International Human Rights Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198767237.003.0019.
Повний текст джерелаАнотація:
This chapter examines the work of the United Nations in the field of human rights. Particular attention is given to the Human Rights Council and its special procedures, as well as the treaty bodies that consider progress in the implementation of UN human rights treaties. In addition, the roles of the Office of the High Commissioner for Human Rights, the General Assembly, Security Council, Secretary-General, and International Court of Justice are considered.
Тези доповідей конференцій з теми "General Council for Jewish Rights"
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Ахметова, А. А., and Елена Олеговна Тулупова. "THE EUROPEAN COURT OF HUMAN RIGHTS AND RUSSIA: THE EVOLUTION OF RELATIONS, THE PROBLEM OF INTERACTION AND THE LEGAL CONSEQUENCES OF THE RUSSIAN FEDERATION'S WITHDRAWAL FROM THE COUNCIL OF EUROPE." In ИНСТИТУТЫ ЗАЩИТЫ ПРАВ ЧЕЛОВЕКА И ГРАЖДАНИНА В ИСТОРИИ РОССИИ. Crossref, 2022. http://dx.doi.org/10.56777/lawinn.2023.41.28.002.
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В данной научной работе рассмотрен процесс вступления России в Совет Европы и развития сотрудничества между страной и Советом Европы, проведен анализ возможных правовых и экономических последствий выхода России из Совета Европы. Актуальность исследования обусловлена тем, что на момент исключения России из Совета Европы, в Европейском Суде по правам человека на рассмотрении находилось около 17 тысячи жалоб, поданных против России. Цель данной работы включает в себя следующие задачи: анализ юридических последствий выхода России из Совета Европы; дальнейшая судьба конвенций и соглашений, подписанных и ратифицированных Россией в рамках сотрудничества с Советом Европы. Методология исследования представляет собой совокупность общенаучных т частнонаучных методов познания: историко-правовой, формально-юридический, метод сравнения. В результате выявлено: Россия выходит из Совета Европы, перестает быть стороной Конвенции о защите прав человека и основных свобод 16 сентября 2022 г. This research paper examines the process of Russia's accession to the Council of Europe and the development of cooperation between the country and the Council of Europe, analyzes the possible legal and economic consequences of Russia's withdrawal from the Council of Europe. The relevance of the study is due to the fact that at the time of Russia's exclusion from the Council of Europe, the European Court of Human Rights was considering about 17 thousand complaints filed against Russia. The purpose of this work includes the following tasks: analysis of the legal consequences of Russia's withdrawal from the Council of Europe; the further fate of conventions and agreements signed and ratified by Russia within the framework of cooperation with the Council of Europe. The research methodology is a set of general scientific and private scientific methods of cognition: historical-legal, formal-legal, comparison method. As a result, it was revealed: Russia is withdrawing from the Council of Europe, ceases to be a party to the Convention for the Protection of Human Rights and Fundamental Freedoms on September 16, 2022.
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Bachanovic, Oliver, and Natasha Peovska. "THE DIRECTIVE OF THE EUROPEAN UNION ESTABLISHING MINIMUM STANDARDS ON THE RIGHTS, SUPPORT AND PROTECTION OF VICTIMS OF CRIME AND MACEDONIAN CRIMINAL PROCEDURE LAW." In SECURITY HORIZONS. Faculty of Security- Skopje, 2020. http://dx.doi.org/10.20544/icp.11.01.20.p20.
Повний текст джерелаАнотація:
In 2012, the European Union Directive (2012/29 EU) was adopted establishing minimum standards on the rights, support and protection of the victims of crime replacing the Council Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings. Both documents are legally binding of the general kind, the first of that kind, when it comes to victims of crime and EU legislation. The purpose of this paper is to introduce the importance of this Directive for promotion of the position and rights of the victim of crime and the necessity for its implementation in national legislation. Moreover, the Republic of North Macedonia, as a country that has already started the accession negotiations for EU membership, must take into account the minimum standards on the rights, support and protection of victims of crime as one of the conditions for gaining this status in the EU in the framework of harmonization of national with European legislation. In this regard, we can point the implementation of the Victims’ Rights Directive as one of the priorities of Serbia in the negotiations for its accession to the EU (specifically foreseen in the Action Plan for Chapter 23 - Judiciary and Human Rights). The main method used in this paper will be the content analysis of the Victims' Rights Directive and of domestic legislation regarding the (non) existence of provisions which imply its consistent application. Keywords: EU Victims’ Rights Directive of Crime (2012), minimum standards, national legislation, harmonization of legislation
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Peka, Nejla. "Guarantee of the Right to Online Education in Exceptional Situations: Case Study of the COVID-19 Pandemic." In Eighth International Scientific-Business Conference LIMEN Leadership, Innovation, Management and Economics: Integrated Politics of Research. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2022. http://dx.doi.org/10.31410/limen.2022.371.
Повний текст джерелаАнотація:
Covid-19 came as a challenge in human being life. After the announcement of the state of the world pandemic on March 11, 2020, by the World Health Organization, the government reacted to this situation, undertaking a series of measures considering the general interruption of social and economic activities such as closing schools, the prohibition of mass gatherings in closed or open places, the restriction or prohibition of other movements inside and outside the country, which brought the country into total quarantine for about three months. Among other things, the government also presented an action plan for the prevention and response to Covid-19 in May 2020, which provided three pillars of action: prevention, response, and recovery, to continue providing health services to the entire population. While the government’s response has necessarily been swift in terms of protecting health and guaranteeing the right to life, the pandemic situation brought a new challenge, in terms of children’s well-being and the effective exercise of their rights, especially in the most vulnerable children. In the situation of the global pandemic, international institutions have addressed a series of recommendations and statements for the protection and guarantee of the rights of children and their families. In April 2020, ENOC 2 calls on governments, the European Commission and the Council of Europe to take all appropriate actions to ensure that the rights of all children are guaranteed in accordance with the United Nations Convention on the Rights of the Child. Children’s rights and, the comments of the United Nations Committee on the Rights of the Child, should be respected during the Covid-19 health care crisis.
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Nikolovski, Marjan, Mila Shibak-Dimkovska та Frosina Nikolovska. "MONEY TRACК IN THE FUNCTION OF DETECTION AND PROVING CORRUPTION CRIMES". У SECURITY HORIZONS. Faculty of Security- Skopje, 2021. http://dx.doi.org/10.20544/icp.2.5.21.p06.
Повний текст джерелаАнотація:
des of the Republic of North Macedonia on Corruption", conducted by the Faculty of Security in Skopje in the period 2013-2017. The emphasis will be on tracking the money trail for the purpose of detecting, preventing and proving corruption offenses. The campaign to point out the dangers of corruption (which threatens to break the foundations of the state's economic-legal system and endanger fundamental human rights) is increasingly becoming a necessity in the Republic of North Macedonia. At the same time, tackling corruption as a negative social phenomenon is increasingly present in the activities of international organizations such as the United Nations, the Council of Europe, the Organization for European Co-operation and Development, the World Bank and the European Bank for Reconstruction and Development. The results of the research indicate that the Republic of North Macedonia is a country where corruption is still high in all spheres of human life. The presence of corruption is slowing the further economic progress of the state. Corruption is also a reason for changing more political structures, as well as establishing specialized institutions for prosecuting corruption and organized crime, but the general impression of citizens is that corruption is still prevalent. When it comes to preventing corruption, it is especially important to detect the financial means acquired by corruption offenses, and to track them at home and abroad, as well as to confiscate them. It thus acts as a disincentive to future planned corruption offenses and protects the state budget. Keywords: corruption, money trail, prevention, disclosure
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Matić Bošković, Marina, and Milica Kolaković Bojović. "NEW APPROACH TO THE EU ENLARGAMENT PROCESS – WHETHER COVID-19 AFFECTED CHAPTER 23 REQUIREMENTS?" In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22433.
Повний текст джерелаАнотація:
The EU enlargement policy requires creation of the new institutional organization, alignment of legal acts, increasing capacities of administration in the candidate countries. In relation to the Western Balkans the conditionality has an increased focus on good governance criteria, particularly maintenance of the rule of law, an independent judiciary, and an efficient public administration. To address raised concerns of the EU accession process in the Western Balkans as a box-ticking exercise, the European Commission in February 2018, adopted the Credible Enlargement Perspective for an Enhanced EU Engagement with the Western Balkans’ strategy, which introduced some renewed policy objective on the future enlargement of the EU including fundamental democratic, rule of law and economic reforms. In March 2020 the Council of the EU officially endorsed Commission proposal for a new enlargement methodology that is based on grouping the negotiation chapters in clusters, based on their interconnection, which requires tangible progress in all chapters merged to a cluster. The above-mentioned introduction of a new methodology and the decisions of the WesternBalkans candidate countries to apply it, correspond in time with the ongoing Europe and worldwide struggle to overcome challenges imposed by COVID-19 outbreak. The response to the pandemic influenced on the functioning of judiciary across the world and the rule of law in general. To respond to pandemic EU members states accepted new standards in relation to judiciary which tend to be threat or suspension for fundamental rights protection and right to fair trial. Outbreak of COVID-19 revealed new trends in rule of law like limited access to the lawyer in criminal cases, use of IT tools for trials, and cancelation or limitation of public hearings. The scope and modalities of such rule of law exemptions differ across the EU member states. Introduced measures and responses shed a completely new light on the issues of relevant standards in the accession process and modality to be addressed and implemented in the candidate countries. Finally, this also triggers the issue of evaluation and assessment of the reform achievements in candidate countries by EC when measuring the progress. In the analysis of the abovementioned issues the authors assessed whether derogation of the well-established rule of law principles influenced on EU accession requirements towards candidate countries and whether they temporary changed understanding and implementation of the fundamental rights or made permanent transformations in understanding of rule of law requirements.
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Pejović, Aleksandar-Andrija. "“WOULD MONEY MAKE A DIFFERENCE?”: HOW EFFECTIVE CAN THE RULE-OF-LAW-BASED PROTECTION OF FINANCIAL INTERESTS IN THE EU STRUCTURAL AND ENLARGEMENT POLICY BE?" In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18362.
Повний текст джерелаАнотація:
In recent years, the rule of law and, especially, its “proper” implementation has become one of the most debated topics in Europe in recent years. The “Big Bang Enlargement” marked the beginning of dilemmas whether the new EU Member States fulfil the necessary rule of law criteria and opened the way for divergent views on how to implement TEU Article 2 values in practice. Furthermore, constant problems and difficulty of the candidate countries to fulfil the necessary rule of law criteria added to the complexity of the problem. In turn, the European institutions have tried to introduce a series of mechanisms and procedures to improve the oversight and make the states follow the rules - starting from the famous Treaty on the European Union (TEU) Article 7, the Rule of Law Mechanism, annual reports on the rule of law and the most recent Conditionality Regulation. The Conditionality Regulation was finally adopted in December 2020 after much discussion and opposition from certain EU Member States. It calls for the suspension of payments, commitments and disbursement of instalments, and a reduction of funding in the cases of general deficiencies with the rule of law. On the other hand, similar provisions were laid out in the February 2020 enlargement negotiation methodology specifying that in the cases of no progress, imbalance of the overall negotiations or regression, the scope and intensity of pre-accession assistance can be adjusted downward thus descaling financial assistance to candidate countries. The similarities between the two mechanisms, one for the Member States, the other for candidate countries shows an increased sharing of experiences and approaches to dealing with possible deficiencies or breaches of the rule of law through economic sanctioning, in order to resolve challenges to the unity of the European union. The Covid-19 pandemic and the crisis it has provoked on many fronts has turned the attention of the Member States (i.e. the Council) away from the long running problematic issues. Consequently, the procedures against Poland and Hungary based on the Rule of Law Mechanism have slowed down or become fully stalled, while certain measures taken up by some European states have created concerns about the limitations of human rights and liberties. This paper, therefore, analyses the efforts the EU is making in protecting the rule of law in its Member States and the candidate countries. It also analyses the new focus of the EU in the financial area where it has started to develop novel mechanisms that would affect one of the most influential EU tools – the funding of member and candidate countries through its structural and enlargement policy. Finally, it attempts to determine and provide conclusions on the efficiency of new instruments with better regulated criteria and timing of activities will be and how much they would affect the EU and its current and future member states.
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Saeed Ghafoor Ahmad, Kosar, and Amanj nasih qadir omer. "Prosecuting the perpetrators of the Camp Speicher crime according to Iraqi laws or the jurisdiction of the International Criminal Court." In Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/45.
Повний текст джерелаАнотація:
"This work includes talking about the crime of Camp Speicher, in which 1,700 students of the Iraqi army of the Sheea creed were killed by the gangs of the terrorist organization ISIS, with the aim of eliminating the members of this sect because of the misleading ideology carried by those gangs. On 6-12-2014, Iraqi soldiers at Camp Speicher (Speicher Air Base) in Tikrit were subjected to murder and enforced disappearance by terrorist organizations because of their affiliation to the Sheea creed. This crime was among a series of brutal crimes for the genocide of Sheeas in Iraq. This is similar to what happened in the Badoush prison crime in the province of Mosul, which the Iraqi Parliament considered it as a crime of genocide, in which these gangs executed about (400) members of the prison inmates of the Sheea component. After ISIS took control of the city of Tikrit in Iraq, and one day after they took control of the city of Mosul, they captured (2000-2200) soldiers and led them to the presidential palaces in Tikrit, and they shot them there and in other areas and buried some of them alive. This disaster had a negative impact on the families of the victims of the Speicher where they went out in demonstrations demanded that the leaders who handed over the victims of Speicher to ISIS must be prosecuted, and in one of the demonstrations they managed to enter Parliament and demanded that the leaders who handed over Speicher to ISIS be held accountable. After that, many demonstrations took place by the families of the victims, some of which led to the closure of a bridge in Baghdad a few times Protesting the government's delay in clarifying the fate of their children or taking quick measures. The Iraqi parliament and government recently considered the Speicher incident “genocide” in reference to the premeditated murder of Badoush Prison inmates in Nineveh Governorate and the unarmed Speicher military base, the premeditated murder of members of the Albu Nimr, Jabour, al-Lahib, and al-Ubaid tribes, and the killing and displacement of civilians from Kurds, Christians, Yazidis and Shabaks in Sahel Nineveh, Sinjar, deliberate killing and displacement of Turkmens in Tal Afar and Bashir. This decision paves the way for obtaining international recognition from it as a ""genocide"" as stipulated in the Contract of the United Nations in 1948, and Iraq signed it in the fifties of the last century. This study attempts to explain the Al-Ikhnasas Court in looking into the crimes of genocide committed by ISIS against the bereaved students of the Air Force Base (Speicher) due to what this issue raised from the national and international public opinion, especially after the involvement of the Iraqi army leaders in this massacre, according to what witnesses reported in that area and what was reported by soldiers who survived the incident, in addition to the involvement of some members of the Sunni tribes in these crimes with the terrorist organization ISIS. The importance of this study lies in the following aspects: - That ISIS elements were tried according to Anti-Terrorism Law No. 13 of 2005, and from our point of view that the aforementioned law is vague and broader than it should be, and it applies to serious and simple crimes from murder to crimes of sabotage, and the list of crimes punishable by the death penalty according to the aforementioned law is a long list and spacious. - The Iraqi government has embarked on an attempt to develop a legal framework to prosecute ISIS elements, and its mission focused on understanding the procedures and results drawn from those judicial efforts, and its mission also focused on showing the efforts taken by the Iraqi government to address violations in the field of the right to life, including those committed by affiliated forces government as well as other international and domestic actors. The International Criminal Court is specialized in considering specific crimes under Article (5) of its Statute, which are war crimes, aggression and crimes against humanity, which necessitates the adaptation of Speicher's crime within any of the mentioned types of crimes. The assumption of the International Criminal Court in relation to the Speicher crime, includes several positive matters and results at the same time a set of negatives, which must be presented to those positives and negatives in order to give preference between them and the choice of authorizing the court to consider the crime or not. The terrorist organization ISIS has committed serious systematic violations, including war crimes and others, and perhaps those that are not under its control, and that none of these crimes can be addressed within the anti-terrorism law, which cannot address human rights violations. The international community has recognized the heinous violations committed by ISIS against the citizens of Iraq by adopting Resolution (2370) in September of 2017, issued by the Security Council, which authorizes the Security Council to appoint an investigation team to support local efforts to hold ISIS elements accountable by collecting and preserving evidence in Iraq, which can rise to a high level, and it was committed by the elements of the organization. It considers that the decision constitutes a burden and an obligation on Iraq to investigate all allegations of violations committed by government forces for the purpose of holding them accountable, as well as requiring the establishment of special courts and trained judges in relation to ISIS crimes to deal with them. Terrorism is a global curse that has recently spread horizontally to all countries of the world and its effects have been concentrated vertically in some countries, and no one denies that the parties to this phenomenon are increasing (perpetrators and victims) and the United Nations in particular and the international community in general has not succeeded in reducing it despite the fact that the resolutions of the UN Security Council It is increasing, but the proportionality is absent between these decisions and the practical reality. The phenomenon of terrorism is spreading rapidly, and the perpetrators of terrorist acts are on the rise, corresponding to an increase in the victims of terrorism. Also, the circumstances and events that Iraq is going through, especially after 2003, put it at the forefront of countries which suffers from terrorism that has killed the people, using methods and forms that were not previously known and brutal and bloody cruel. ) for the year 2005, and since terrorism was not limited to Iraq, but included many countries, and was not specific to a place or time, nor was it recent in terms of composition. In addition, the aforementioned law cannot be aware of all violations of international and humanitarian law, as we mentioned previously, which requires the necessity of referring the criminals to a competent court. The Court conducts its rule under Article (13) of its Statute when referred to it by a state party to the same system or by the Security Council or when the Public Prosecutor conducts the investigation on his own, and then how does the Court take its measures regarding the aforementioned crime if we take a look Considering that the State of Iraq is not a member of the Statute of the Court. The rule of the court is free from the death penalty, which makes the idea of authorizing the court to consider the crime rejected by most Iraqis, especially the families of the victims. What are the negative aspects of the Iraqi national judiciary’s view of the Speicher crime, and how can it be avoided if the International Criminal Court plays this role? What are the guarantees provided by the court in the event that it proceeds with its procedures regarding this crime? The research on this subject is according to the appropriate method, which is the analytical and comparative method, which works on studying and comparing topics by analyzing ideas and jurisprudential rulings, and the positions of the governments of countries and the United Nations, as well as the resolutions of the Security Council and the General Assembly, and comparing arbitration between Iraqi courts. And the international courts regarding the trial of the perpetrators of the Speicher base crime, and then come up with a set of conclusions and recommendations."
Звіти організацій з теми "General Council for Jewish Rights"
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Burniske, Jessica, Naz Modirzadeh, and Dustin Lewis. Armed Non-State Actors and International Human Rights Law: An Analysis of the Practice of the U.N. Security Council and U.N. General Assembly. Harvard Law School Program on International Law and Armed Conflict, June 2017. http://dx.doi.org/10.54813/gtze6629.
Повний текст джерела