Crimes Against Humanity

The concept of the “cultural heritage of all humankind” is often summarily dismissed by scholars, possibly due to the aura of unscholarly idealism it appears to emanate. However, it has long been claimed that the special status of objects of cultural, historical, or religious value is a consequence of their importance to the whole humanity rather than their economic or aesthetic value. Global outrage provoked by destruction of unique symbols of our shared past is proof that such claims are not unfounded. Considering that cultural heritage faces increasing risk of intentional destruction for ideological reasons, and the discriminatory intent inherent in such devastations poses a threat to the entire international community, it is opportune to initiate a discussion on the adequacy of the existing legal mechanisms for the protection of cultural heritage in armed conflicts and the perspectives it offers to address these challenges in a comprehensive and informed manner.

The indiscriminate killings of the Bengalis at the hands of the Pakistan military in 1971 can hardly be exaggerated. The Pakistan military committed one of the worst genocides in modern history in the eastern wing of Pakistan, now Bangladesh, from March to December 1971. As many as three million people were killed, thousands were raped, and some 10 million people were displaced and had to flee the country. The initial assault termed ‘Operation Searchlight’ began on 25 March 1971, in which the Pakistan military killed thousands of people within the first month of the genocide. Millions of people became refugees and took shelter in various refugee camps set up by the Government of India in West Bengal, Tripura, Meghalaya, Assam and other parts of India. The genocide lasted for nine months. It finally ended with the surrender of the Pakistan military to the Joint Command Forces of Bangladesh and India on 16 December 1971.
Although the international media, scholarly researchers, and some policymakers have highlighted the atrocities committed by the Pakistan military against the Bengalis in 1971, calling it “selective genocide,”19 “the bloodbath in Bengal”,20 “one of the bloodiest slaughters in modern times”21 and so on, the international community, particularly the United Nations, is yet to recognise the killing as ‘genocide.’ The Bangladesh Parliament has declared 25 March as “Genocide Remembrance Day” in 2017 to highlight the atrocities and commit Bangladesh to work relentlessly to put an end to genocide once and for all in this world. In this connection, several governmental and non-governmental institutions in Bangladesh have dedicated their time and activities to collecting evidence, carrying out research, and campaigning for the international recognition of the 1971 Bangladesh Genocide.

Allegations of criminal conduct have been made against UN peacekeeping personnel. While only a small number commit criminal offences, these personnel must be held accountable for their actions. Ensuring accountability is difficult due to jurisdictional issues, including in which jurisdiction (host state, sending state, or third state) to prosecute offenders. However, the possibility of the International Criminal Court exercising jurisdiction over peacekeeping personnel (civilian or military) has not really been considered. This article will examine the potential applicability of the substantive law of war crimes and crimes against humanity under the Rome Statute to crimes committed by peacekeeping personnel.

Transnational and international criminal law are bodies of law regulating cooperation between States, as well as between States and various institutions of international criminal justice, in the prevention, prosecution and punishment of individuals for transnational and international crimes. Ever since the Nuremberg and Tokyo trials after the Second World War, both transnational and international criminal law developed into full-scale branches of law dealing with the substantive and procedural aspects of combating such crimes as genocide, crimes against humanity, war crimes and other international and transnational crimes. The penalisation of the crime of aggression has been relatively less successful. In 2002, a permanent International Criminal Court (ICC) was established but it does not yet enjoy universal support, and alternative regional formats such as the Malabo Protocol are contemplated. With due regard to the principle of complementarity, the indirect enforcement of international criminal law and transitional justice mechanisms will remain continually significant.

The role that Italy played in the Holocaust of the Jews of Thessaloniki has not been documented.  Jewish Greeks of Thessaloniki and other nearby locales did not benefit either by Italian or Spanish Diplomacy and the Diplomats.  The unfortunate indirect role that Italy played in the Annihilation of Jewish Greeks will be demonstrated.  The adaptability, along with the fortunes of war, and, consequently, its interpretation at will by the Spanish Administration, of the Spanish Citizenship (its rights and privileges) of Jewish Thessalonikians is also demonstrated.  It is regrettable that the self–evident and obvious duty of a Country – State to protect its own citizens had to be transubstantiated into and elevated to the realm of Humanity and Saving and Rescue.

The objective of the study is to find the major reasons behind emerging social crimes and their effects on modern society. There is a Sociological Perspective which cannot be identified as the legal rationale because there are several loopholes prevailing in the existing law. There is always a sociological rationale behind commission of a social crime because it is due to certain reasons such as social status, peer group pressure, discrimination outrage, family abandonment, economic freedom etc.To prevent such violent social crimes there should be social upliftment, social equality and social justice with economic freedom. When the society gives equal rights and opportunities to every citizen from every social group of the society the changes in the social crime statistics can be observed. The Doctrine of Legitimate Expectation and Doctrine of Proportion can be found from any legal Study on social aspect of crime scenario to discover the unfounded reasons of social crimes in the country.

In 2006 the Prosecutor released two statements addressing
communications received by his Office concerning allegations of crimes committed in Venezuela and Iraq. The February 2006 communication of the Prosecutor discusses allegations received by the Office of the Prosecutor concerning genocide, crimes against humanity, and war crimes in Iraq. This Article will address the Prosecutor's decision concerning these alleged war crimes; in particular, allegations concerning wilful killing or inhuman treatment of civilians. The crimes alleged include  mistreatment of prisoners, and multiple cases of unlawful
executions. The Prosecutor decided not to initiate an investigation into the alleged war crimes. Although he ultimately had reason to decide this way under the principle of complementarity, this Article will contend that the reasoning used in the decision was flawed, and many issues that should have been considered were not. Issues not addressed include the interests of victims, the interests of justice, and a broad consideration of the gravity of the alleged offences. The absence of such considerations from the communication has produced a dubious precedent in decisions concerning war crimes admissibility and the interests of victims in proceedings before the Court. Such elements should not be by-passed in future considerations by the Prosecutor of whether to initiate an
investigation.

The case “Guerrilha do Araguaia” is well known in Brazil in the view of the disappearances of oppositors to the military regime occurred between 1972 and 1974, in the region known as Araguaia. Despite the efforts made by the families of the victims to seek responsibility and redress, few progress has been done. In 1995, Brazil recognized its responsibilities for the deaths and established a Commission to provide compensation to the families of the victims. The Amnesty Law prevented the State to initiate the criminal proceedings related to the responsibilities of those involved in the disappearances, torture and killings. On December 2010, the Inter-American Court of Human Rights decided that Brazil is responsible for the enforced disappearances in the Araguaia's region and, following its previous jurisprudence, determined that the State initiate adequate investigation and criminal proceedings related to the facts that amount to crimes against the humanity. In the view of the determination of criminal responsibilities on the “Guerrilha do Araguaia”'s case, this article will examine the grounds of criminal liability of the alleged offenders under the international criminal law as well as under the Brazilian domestic law, analysing the limitations that arise from both jurisdictions.

PLEADINGS & AUTHORITIES

I. MR. ALBERT WISEMAN IS NOT GUILTY WITH INDIVIDUAL CRIMINAL RESPONSIBILITY FOR WAR CRIME OF UNLAWFUL CONFINEMENT.

II. MR. ALBERT WISEMAN IS NOT GUILTY WITH INDIVIDUAL CRIMINAL RESPONSIBILITY FOR CRIME AGAINST HUMANITY OF EXTERMINATION

Most post-Soviet States have introduced penal responsibility for crimes against humanity, either explicitly or under alternative headings. As a rule, their respective criminal laws are modeled after relevant provisions of the Draft Code of Crimes against the Peace and Security of Mankind or the Rome Statute of the International Criminal Court (ICC). The adoption of Draft Articles on Prevention and Punishment of Crimes against Humanity represents an appropriate occasion for post-Soviet States, which have not yet penalised crimes against humanity, to bring their criminal laws in fuller conformity with customary international criminal law.

The article analyses the crime of forced marriage, distinguishes it from other international crimes (especially enslavement and sexual slavery), demonstrates that forced marriage should be recognised as an international crime by virtue of its gravity, and examines the possibilities of prosecuting it before the ICC.

The Papon trial became a major media event for reasons having as much to do with its special place in the “second post-WW II purge” as with changes in the public’s understanding of France’s Vichy government. By breaking with traditional legal categories in many ways (time limits, the individual perspective), the notion of a “crime against humanity” became a powerful vector in turning the trial into an event. The definition of this particular crime made it possible for other “users” of the past to intervene, and thus led quite diverse groups to do so. The Papon trial can be seen as a sociohistorical event insofar as it testifies to decisive changes in the relations between law and society.

Niniejszy artykuł ma na celu pokazanie głównych trudności w utworzeniu Nadzwyczajnych Izb w Sądach Kambodży (Extraordinary Chambers in the Courts of Cambodia; Chambres Extraordinaires au sein des Tribunaux Cambodgiens), które mają osądzić Czerwonych Khmerów. W pierwszej części zasygnalizowano skalę i rodzaj zbrodni, jakich dopuszczano się na terenie Kambodży w latach 1975–1979.
Następnie przeanalizowano działania na rzecz osądzenia zbrodniarzy w latach 1979–1997 oraz etapy negocjacji statutu Nadzwyczajnych Izb w latach 1997–2003.
Omówiono również statut Nadzwyczajnych Izb, aby na końcu przedstawić pierwsze miesiące działalności tego organu.

This study assessed the campaign strategies against Motorcycle Riding in Tandem Criminals (MRC) in the province of Pangasinan and the adequacy of support in terms of human resources, financial, facilities and equipment, and LGU/community support; the status of the MRC cases against motorcycle riding in tandem criminals; degree of effectiveness of the strategies rendered by the PNP; and problems being encountered by the Pangasinan PNP.  The study came out with proposed measures to make PNP effective and efficient in responding against motorcycle riding criminals in the Province of Pangasinan; and proposed a policy recommendation to amendatory legislation of Republic Act No. 10054 and Republic Act No. 4136 to identify offenders.  This inquiry utilized the descriptive -evaluative research design to explore the activities of motorcycle riding criminals and how PNP is dealing with this particular situation.  The study covered 29 LGUs comprising of cities and municipalities in the province of Pangasinan where the MRC activities were recorded.  The researcher used a questionnaire survey supplemented by documentary analysis, and personal interview.
Based on the data gathered and analyzed, the following findings were evident
FINDINGS

1.  On the Adequacy of Support
1.1 Campaign Strategies.  The respondents registered  a “significantly adequate” rating (OAWM is 3.54) on their campaign strategies to counter the nefarious activities of MRCs.
1.2  Human Resources.  The respondents assessed  the  adequacy of human resources of the Philippine National Police against Motorcycle Riding Criminals as  “moderately adequate”  (OAWM 3.29 ).
1.3  Financial Support.  The adequacy of the financial support of the Philippine National Police Against Motorcycle Riding Criminals is believed to be “moderately adequate” (OAWM  2.75).
1.4 Support being Rendered by the LGUs and the Community,  the adequacy of support from LGUs and the Community registered a  “moderately adequate” (OAWM 2.80). 


2.    Status of the Cases Perpetuated by Motorcycle Riding
      Criminals in the Province of Pangasinan
        2.1  Shooting Incident Cases.  There were 250 shooting cases recorded by PNP from CY 2012 to September 2014.  The trend was observed to be decreasing from 89 in 2012 to 63 in 2014.  The total number of cases that were solved or cleared was 92 while about 157 cases are being investigated.
      2.2  Robbery Incidents Cases.  A total of 51 robbery incidents cases were recorded by PNP from 2012 to September 2014 with 10 cases cleared and solved while 41 cases are under investigation
3.  Effectiveness of the Strategies Rendered by the PNP
      3.1 The degree of effectiveness of the strategies rendered by the PNP against Motorcycle Riding Criminals in the Province of Pangasinan was assessed  as  “significantly effective” ( OAWM is 4.14). 
4.  Problems Encountered
      4.1. The problems encountered against Motorcycle Riding Criminals in the Province of Pangasinan . was assessed by the  respondents  as  “ moderately  serious” (OAWM 3.31). 
CONCLUSIONS
On the bases of the findings of this inquiry, the following conclusions have been developed.
1.   The PNP provided an average. support in their program  against Motorcycle Riding Criminals in terms of: Campaign Strategies, Human Resources, Financial, Facilities and Equipment.  The support coming from LGUs and the Community is likewise found to be modest.
2. There are more cases under investigation than solved  pending  review of all other available evidences
3.  The effectiveness of the strategies rendered by the PNP against Motorcycle Riding Criminals in the Province of Pangasinan is significantly high; nonetheless, it can be further improved   
4.  The problem encountered  can be addressed by the proposed measures and policy recommendation as stated in Chapter 4
RECOMMENDATIONS
Taking into account the aforementioned findings and conclusions, the following recommendations is hereby forwarded:
1. The proposed measures are recommended for adoption by PNP, LGU and Community. An essential role of local government is to ensure community safety. Elected and appointed local government officials who are held accountable for public safety need to understand how local government can effectively control and prevent common public safety.
2. The policy recommendation be forwarded to PNP and Congress as regulatory input to Republic Act No. 10054 and Republic Act No. 4136 as amended by BP 43 with the end view of contributing to crime reduction  committed by  motorcycle riding criminals in the Province of Pangasinan.
3. The need to provide better means of identification of the MRC including the motorcycle itself by witnesses and/or CCTVs, through their external features such as the helmet and the Number Plate of the motorcycle, and also the need to profile buyers and transferees of motorcycle.
4. Additional funding must be given to PNP specifically for MRC use.

In the International Criminal Court case of The Prosecutor v. Ahmad Al Faqi Al Mahdi, neither the Prosecutor nor the Court addressed the issue of whether attacks on cultural heritage can be tried as crimes against humanity under Article 7 of the Rome Statute of the ICC, provided that they are part of a widespread or systematic attack against the civilian population and are committed with knowledge of such attack. Even though his actions were part of a wider persecutory plan against the civilian population, Al Mahdi was held responsible only for war crimes for the intentional destruction of historical buildings during the Islamist occupation of the Malian city of Timbuktu, be- tween April 2012 and January 2013. This raises the question whether one should conclude that at- tacks on cultural heritage simply cannot be tried as crimes against humanity before the ICC. This paper argues that the Al Mahdi judgment does not prevent attacks on cultural property from being tried as crimes against humanity, and that the categorization of certain attacks on cultural heritage as crimes against humanity may have practical implications for the selection and prioritization of cases by the Office of the Prosecutor.

Axis Rule in Occupied Europe, published in November 1944, was the first place where the word "genocide" appeared in print.
Raphael Lemkin coined the new word "genocide" in 1943 (see the book's preface, dated November 15, 1943) both as a continuation of his 1933 Madrid Proposal and as part of his analysis of German occupation policies in Europe. In this 670 page book, Axis Rule, Lemkin introduced and directly addressed the question of genocide in 16 pages of Chapter IX entitled "Genocide" (below).
Lemkin uses the word genocide broadly, not only to describe policies of outright extermination against Jews and Gypsies, but for less immediate Nazi goals as well. In Lemkin's analysis Nazi Germany had undertaken a policy for the demographic restructuring of the European continent. Therefore he also used the word genocide to describe a "coordinated plan of different actions" intended to promote such goals as an increase in the birthrate of the "Aryan" population, the physical destruction of the Slavic population over a period of years, and policies to bring about the destruction of the "culture, language, national feelings, religion" and separate economic existence (but not physical existence) of non-German "Aryan" nations thought to be "linked by blood" to Germany.
In recent years the word "genocide" has most often been used to refer to the destruction of groups within a single country ("domestic genocide"). In Axis Rule, however, the word applies to occupation polices conducted across an entire continent. Policies within Germany are addressed only to the extent that these policies impacted Austria, and those parts of Belgium, Czechoslovakia, France, the Memel Territory and Poland formally incorporated into Germany.

Discourses can be seen as a social practice through the use of language. Language is constructed in a social context but may also construct the society as social phenomena is constructed through the use of language. Discourse is thus both productive and has the ability to create meaning. Socially constructed norms, values and knowledge constructs discourse, which in turn may lead to a corresponding reaction. Reaction may, furthermore, result in action. The purpose of this thesis is to investigate how discourses on atrocities may open or close possibilities for intervention. The main argument of the thesis is that if you speak about a situation in a specific way, you will treat it as such. Such reaction is built upon the knowledge that is generated through language, a process which in turn may create social context. The thesis consists of a discourse analysis on the atrocities of the Darfur Conflict in which a selection of material is analysed with respect to how the conflict was interpreted and how such interpretations may enable or prevent intervention. The thesis uses Darfur to exemplify the problem of the relationship between discursive and social practice. Furthermore, genocide and crimes against humanity will be used as terms of reference when analysing in what direction discourses may enable intervention. The thesis uses a constructivist approach to International Relations as a  theoretical foundation. The methodological perspective is based on the approach to discourse analysis that is developed by Norman Fairclough; namely, Critical discourse analysis. The thesis found that the elements that are prominent within the discourses corresponds with the elements of the definitions of genocide and crimes against humanity. However, within the discourses, the two concepts are not used as frequently as their consisting elements are. Since the atrocities are spoken about as having elements that correspond with either crimes against humanity and genocide, we may treat the situation as such and thus act accordingly. However, since the concepts of genocide and crimes against humanity possess a greater power to create and to destroy, than the elements of the two concepts do, an absent use of the two may prevent intervention. The elements may, indeed, open for possibilities for intervention, but only to a certain extent, since the elements does not solely belong to genocide and crimes against humanity but to other types of atrocities as well; meaning that the elements can be related to whichever type of conflict and we will thus think about the situation only as being similar to genocide or crimes against humanity.

This research aims to bring questions of performativity – which emerged from Philosophy and Performance Studies – into dialogue with the processes of Transitional Justice. To this end, I analyse audiovisual records from the trial of former Guatemalan dictator Efraín Ríos Montt and his intelligence director Mauricio Rodríguez Sánchez for genocide and crimes against humanity committed against the Maya-Ixil population [Juicio Ixil, 2013]. The first genocide trial to be conducted in a domestic court anywhere in the world, this landmark process assembled a diverse cross-section of Guatemalan society to debate the country’s recent historical and political past. These judicial interrogations mediated a dispute that went far beyond the ‘merely’ legal; they staged a reenactment of the struggle of historical memory that framed the counterinsurgency dictatorship of Ríos Montt (1982-83) within the longue durée of colonialism of the Mayan people and reread this tragic history through the legal term of ‘genocide’.
My analysis draws on the deconstructive perspectives of Jacques Derrida, specifically his critique of the metaphysics of presence and the oppositional regime that have organised Western metaphysics and its characteristic ethnocentrism. In analysing the theatricality of this specific judicial ritual, I foreground different levels of complexity concerning the performative and documentary character of human bodies and the performative use of archives. With these, the trial becomes a lens to study the sedimentation of historical tragedies arising from the interventions of the actors in the trial. As such it can offer fresh insights into the putative opposition that has traditionally located performance and bodies in the realm of the ephemeral and the immediate, and understood reproduction and the archive as a terrain of mere repetition and permanence. I begin by interrogating the different forms of writing (écriture), among them, the human body, in order to highlight the documentary, medial and performative role of body surfaces, as well as the performative dimension that defines archives. The complexity that emerges from this interrogation provides fertile ground for thinking not only about the past, but also its role in the present and the future.

Since sufferings of civilian populations during the First World War in Eu-rope, especially war crimes perpetrated against civilians, have-unlike the political and military history of the Great War-only recently become an object of scholarly interest, there still are considerable gaps in our knowledge, the Balkans being a salient example. Therefore, suggesting a methodology that involves a comparative approach, the use of all available sources, cooperation among scholars from different countries and attention to the historical background, the paper seeks to open some questions and start filling lacunae in our knowledge of the war crimes perpetrated against Serb civilians as part of the policy of Bulgarization in the portions of Serbia under Bulgar-ian military occupation.

La perspectiva de Vladimir Jankélévitch ha abordado ampliamente el “perdón” como problema filosófico, ético-moral y político. Atento a los acontecimientos que marcaron a fuego el siglo XX, sus reflexiones reescribirán tanto la vivencia de la Segunda guerra mundial, que lo proscribe profesionalmente y lo compromete en la Resistencia francesa, como la experiencia de formar parte de una sociedad que, años más tarde, abrirá el debate acerca de la “prescriptibilidad” de los crímenes contra la humanidad. La hipótesis que organiza este artículo es que habría dos momentos, dos tiempos del perdón en la perspectiva de este autor, que estarían atravesados por estas experiencias biográficas e históricas. Estos dos tiempos, no secuenciables, marcarían, de un modo más profundo e insondable, una tensión paradójica que atravesará el pensamiento de V. Jankélévitch: el perdón, verdadero y puro, puede ser concebido en el horizonte de una ética hiperbólica, pero, también es legítima la posibilidad de no perdonar como modalidad política de la justicia. De esta manera, enmarcando este estudio en una articulación entre filosofía y vida, exponemos una heurística profunda de distintas fuentes bibliográficas primarias y secundarias, a fin de reconocer los ‘dos tiempos’ en el modo de abordar la cuestión del perdón en la perspectiva jankélévitchiana.

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Published in A.Cassese, P.Gaeta, J.Jones (eds.), The Rome Statute of the the International Criminal Court. A Commentary, Oxford, Oxford University Press, 2002, vol.I, 527-541

Summary of contents: 1. Nuremberg and Tokyo: the Reasons for Punishing the Vanquished and for Declaring the Criminality of Nazi
Organizations - 2.The International Criminal Tribunals for Former Yugoslavia and Rwanda: In Search of Universal Jurisdiction over Natural Persons - 3. The ICC Personal Jurisdiction: the Need for a Compromise Solution - 4. The Question of 'Incidental or Ancillary' Jurisdiction over States and/or Persons: the Blaskic Case and its Legacy - 5. Final
Remarks.

This thesis investigates the crimes against humanity and state crimes committed by the Japanese against Chinese civilians during the Second-Sino Japanese War between 1937 and 1945. The Japanese government continues to deny that these crimes have occurred and have left the Chinese victims without an apology for decades. Additionally, these war crimes have been mostly unanalysed by Western academia, as many of the sources on harms are in Chinese. The methodology section includes the use of qualitative analysis and the discussion of why it is using this type of research method important. Furthermore, how the data is gathered will be explained throughout the table of victims. Lastly, the use of narrative analysis and the theoretical framework of state crime is also discussed throughout the methods chapter. Finally, the analysis chapter examines in two sections. The first section talks about analysing crimes against humanity, and the second section investigates the state crime continuum. The findings of the victims and how they are connected to the crimes are explained in the discussion section. Hence, it is important to educate the younger generation worldwide about the Second-Sino Japanese War in order to prevent similar atrocities from occurring in the future.

The Preliminary Chapter will start with exposing and unveiling the existing challenges in the context of piracy and armed robbery at sea – which differences will also be covered after having exposed the main international instruments regulating piracy today. Such challenges pertain, inter alia, to the difficulty to apprehend and bring alleged pirates to trial, because of issues of jurisdiction as well as some triggered by the current definitions provided by international law. These challenges extend to the struggle of some States to prosecute and detain convicted pirates. These matters will be covered from an international point of view in Section 1 of the Preliminary Chapter, and in the specific example of the piracy phenomenon in Africa in Section 2 of the same Chapter. Section 3 of the Preliminary Chapter will in turn describe the unexpected consequences briefly cited in the previous paragraph, meaning, inter alia, an apparent displacement of the issue and the subsequent – too many perhaps – regional initiatives that were established to try and fight piracy. Chapter 2 and Chapter 3 will then explore the possibilities of piracy being covered by international criminal law. Considering the challenges and, in many cases, subsequent impunity in the context of piracy, this thesis will try to answer the following question: could, or should piracy be covered by international criminal law in order to tackle the too many challenges surrounding this crime efficiently and on a long-term basis?

(…)

The second part of this thesis will therefore focus on whether piracy could be considered an international crime, notably to be covered by the Rome Statute of the International Criminal Court (Rome Statute). Leaving aside the crimes of aggression and of genocide which specific features do not appear to coincide with the crime of piracy, Chapter 2 and Chapter 3 will respectively assess whether piracy could be considered as a war crime or as a crime against humanity. Chapter 2 will first address the existence of a nexus between piracy and armed conflicts, then compare war crimes under the Rome Statute and what types of behaviours are covered under acts of piracy. It will then draw an analogy between child pirates and child soldiers, showing yet another similarity between piracy and war crimes based on the specific example of child pirates. Chapter 3 will first define crimes against humanity and will then compare them under the Rome Statute to acts of piracy. In this context, the requirements for crimes to amount to crimes against humanity will be exposed and compared to the specificities of the crime of piracy, in order to assess whether these chapeau requirements could be considered fulfilled or not. A comparison between certain crimes against humanity and some behaviours amounting to acts of piracy will also be performed in order to assess whether piracy itself could be considered a crime against humanity, and added as such in the Rome Statute.

The last military dictatorship in Argentina was characterized by gross and systematic
human rights violations. After the restoration of democracy in 1983, President Raúl
Alfonsín put the military juntas on trial. Criminal prosecution of the abuses was later
halted through laws and decrees. In 2003, under the Néstor Kirchner administration,
the trials were resumed and some of the sentences incorporated the idea that the crimes
had been committed in the framework of genocide. This article reconstructs the history
of the uses and re-significations, furthered by local and transnational actors, of the category of genocide and the ways in which it was incorporated to characterize the crimes
committed by the Argentine dictatorship. I argue that the use of this category shows
the long presence of the Shoah paradigm in the country and the adoption of the international framework of human rights by actors involved in pro-accountability and memorialization processes.

Taking into account the severity of the offences, the long lasting impact on the safety and security of societies, the large number of victims and communities affected, genocide, crimes against humanity and war crimes are considered the most serious forms of offences. The crime of genocide, crimes against humanity and war crimes are “unimaginable atrocities that deeply shock the conscience of humanity” and are deemed to “threaten the peace, security and well-being of the world”.  They may involve hundreds and thousands of victims directly, can be perpetrated by multiple individuals and a plethora of witnesses; they can be committed with extreme and repeated brutality. 
And while the aforementioned statement suggests the hierarchy of the crimes, placing war crimes on the bottom-line compared to crimes against humanity and genocide, bearing in mind that all these crimes tried by the Tribunals are extremely serious international crimes, in this paper I will look into the nature and general characteristics of each of these crime, which will be followed by a brief discussion on whether the intent and special characteristics of those crimes can be a reason for the creation of hierarchy of crimes. Further, I will discuss the relevant case law of International Criminal Tribunals for the former Yugoslavia (ICTY) and International Criminal Tribunals for Rwanda (ICTR), to understand what the approaches of the Tribunals are when it comes to the hierarchy of crimes, and whether ICTY or ICTR do, in practice, consider war crimes to be less severe and less serious than genocide and crimes against humanity.

https://www.toaep.org/ps-pdf/38-qcci This book offers detailed analyses on how the investigation and preparation of fact-rich cases can be improved, both in national and international jurisdictions. 24 chapters organized in 5 parts address, inter alia, evidence and analysis, systemic challenges in case-preparation, and investigation plans as instruments of QC.

The authors include Antonio Angotti, Devasheesh Bais, Olympia
Bekou, Gilbert Bitti, Leïla Bourguiba, Thijs B. Bouwknegt, Ewan Brown, Eleni Chaitidou, Cale Davis, Markus Eikel, Shreeyash Uday Lalit, Moa Lidén, Tor-Geir Myhrer, Trond Myklebust, Matthias Neuner, Christian Axboe Nielsen, Gilad Noam, Gavin Oxburgh, David Re, Alf Butenschøn Skre, Usha Tandon, William Webster and William H. Wiley, in addition to the four co-editors, Morten Bergsmo, Carsten Stahn, Simon De Smet and Xabier Agirre Aranburu.

There are also forewords by Fatou Bensouda (ICC Prosecutor) and Manoj Kumar Sinha, and a prologue by Gregory S. Gordon.

The book follows from a conference at the Indian Law Institute, and is the main outcome of the third leg of a research project of the Centre for International Law Research and Policy (CILRAP)

A XXXIV. OTDK Állam- és Jogtudományi szekciójába (nemzetközi jog tagozatra) nevezett pályamunka. A szerző dolgozatot egyetemistaként írta, 2017-ben. A versenyre 2019-ben került sor.
Jelen dolgozat, s egyben a kutatás célja az emberiesség elleni bűncselekmények bemutatása, mely deliktum a nemzetközi bűncselekmények egyik, önálló kategóriája. A dolgozat feltárja e tényállást a nemzetközi és a hazai jogi szabályozás, valamint szakirodalom tükrében, különös tekintettel a nemzetközi judikatúrára. A  kutatás középpontjában a definíciók precíz meghatározásának kísérlete állt, amelynek eredményeként egy kristálytiszta képet ad az emberiesség
elleni bűncselekmények alapvető fogalmait illetően. Ennek érdekében az értekezés először, röviden szemlélteti a nemzetközi büntetőjog kialakulásának, fogalmának és intézményrendszerének körülményeit, majd ezt követően elemzi az emberiesség elleni bűncselekmények megjelenését, az egyes nemzetközi büntetőbíróságok statútumában. Majd éles elhatárolásra került a fent nevezett deliktum az egyes, hasonló bűncselekményektől, nevezetesen az etnikai tisztogatástól, a népirtástól és a háborús bűncselekményektől. A hazai jogirodalomban
sokáig argumentáció folyt afelől, hogy e bűncselekmény megnevezésének mely magyar fordítás a megfelelő: emberiség vagy emberiesség? Ennek kapcsán vizsgálásra került a 2012. évi C. törvény, a Büntető Törvénykönyvről szóló törvény (a továbbiakban: Btk.) és a Római Statútum e tényállásra vonatkozó rendelkezései. A vizsgálódás produktuma kettős. Egyfelől, a magyar büntetőjog történetében először került szabályozásra önálló bűncselekményként az emberiesség elleni bűncselekmények. Így a magyar büntetőjogi kódex, jelentős lépés a
helyes irányba, mivel nagyrészt megszüntette Magyarország nemzetközi jogi kötelezettségvállalásai és belső jogi szabályozása közötti koherencia zavart. Másfelől, megállapítható, hogy a Btk. XIII. fejezete, illetőleg a Btk. 143. §-ának megjelölése azonos. Mind a kettő emberiesség elleni bűncselekmények címét viseli, mely a jogalkalmazás számára problematikus. Célszerű volna - de lege ferenda - a Btk. XIII. fejezetét emberiség elleni bűncselekményeknek nevezni, az önálló deliktumcsoportot pedig emberiesség elleni bűncselekményeknek.

The paper explored the Constitutional grant, given to the President, to declare martial law-- when and how it should be evoked, as well as the alternatives to it. The paper explained why martial law is not the proper remedy  against personal crimes (i.e. rape, homicide, murder, etc.), and crimes against property (i.e. theft, robbery, arson, etc.). The law specifically provides the grounds in declaring martial law, and it is not merely a tool to "discipline" the public to refrain from committing common crimes.