The Implementation of Crimes Against the Peace and Security of Mankind in the Penal Legislation of the Republic of Kazakhstan

2019 ◽  
Vol 10 (1) ◽  
pp. 1-11
Author(s):  
Sergey SAYAPIN
Keyword(s):  
International Law ◽  
War Crimes ◽  
Criminal Code ◽  
Armed Conflicts ◽  
Crimes Against Humanity ◽  
Peace And Security ◽  
The Republic

AbstractThe penal legislation of the Republic of Kazakhstan includes a number of crimes against the peace and security of mankind. Among these are most of the traditional “core” crimes under international law—genocide, war crimes, and the crime of aggression—as well as some other crimes. Crimes against humanity are not included in the Criminal Code so far but some of their definitional features are shared by so-called “extremist crimes”. In addition to other customary crimes against the peace and security of mankind—such as deliberately attacking internationally protected persons and organizations and abusing internationally protected emblems—the Code also includes more novel crimes, such as participation in foreign armed conflicts. This paper analyses the relevant provisions of the Criminal Code of Kazakhstan in the light of corresponding treaty-based and customary rules of international law, and suggests further improvements to be made to the Code.

scholarly journals The General Principles of International Criminal Law in the Criminal Code of the Republic of Kazakhstan

2018 ◽  
Vol 9 (1) ◽  
pp. 1-9 ◽  
Author(s):  
Sergey SAYAPIN
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Code ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Peace And Security ◽  
The Republic

AbstractInternational Criminal Law [ICL] contains a number of general principles, which form the foundations of and conditions for holding individuals criminally responsible for crimes under international law (genocide, crimes against humanity, war crimes, and the crime of aggression), and other crimes against the peace and security of mankind. Most general principles of ICL have been adequately implemented in the current (second) edition of the Criminal Code of the Republic of Kazakhstan. This paper assesses the quality of and identifies the lacunae in the implementation of Kazakhstan’s Criminal Code, with a view to suggesting further improvements to this Code.

Crimes against the Peace and Security of Mankind in the Revised Edition of the Criminal Code of the Republic of Uzbekistan

2020 ◽  
Vol 45 (1) ◽  
pp. 36-58
Author(s):  
Sergey Sayapin
Keyword(s):  
Best Practices ◽  
International Law ◽  
Working Group ◽  
Criminal Code ◽  
Peace And Security ◽  
The Republic

The Criminal Code of Uzbekistan, which was adopted in 1994 and entered into force in 1995, was the country’s first post-Soviet Criminal Code. In 2018, the President of Uzbekistan called for adoption of a revised edition of the Criminal Code whose provisions should correspond more closely to international law, and would be more appropriately suited to modern realities. The article offers an overview of the draft Chapter on crimes against the peace and security of mankind, as proposed by the author in his capacity as a member of the Working Group for revision of the Criminal Code. It draws upon the best practices of a number of States, and offers a concise article-by-article commentary on the draft Chapter.

The Agreement on the Establishment of the Extraordinary African Chambers within the Senegalese Judicial System Between the Government of the Republic Of Senegal and the African Union and the Statute of the Chambers

2013 ◽  
Vol 52 (4) ◽  
pp. 1020-1036 ◽  
Author(s):  
Roland Adjovi
Keyword(s):  
International Law ◽  
War Crimes ◽  
Judicial System ◽  
Crimes Against Humanity ◽  
African Union ◽  
International Crimes ◽  
The Republic ◽  
The Government

On August 22, 2012, the Republic of Senegal and the African Union (AU) signed an agreement to create a tribunal within the Senegalese judicial system to prosecute the perpetrators of international law violations in Chad between 1982 and 1990. To be called the Extraordinary African Chambers (Chambers), the tribunal is the result of years of political and judicial bargaining around Hissein Habré, the former President of Chad. The Chambers were inaugurated in February 2013, following the agreement upon a Statute of the Chambers in January 2013. On July 2, 2013, Hissein Habré was charged with crimes against humanity, torture, and war crimes, and placed in pre-trial detention. To date, Habré is the only indictee, but the Prosecutor reportedly intends to seek the indictment of five officials of Habré’s administration suspected of having committed international crimes.

scholarly journals The Crisis of International Criminal Law in Africa: A Regional Regime in Response?

2019 ◽  
Vol 66 (2) ◽  
pp. 287-311
Author(s):  
Eki Yemisi Omorogbe
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Crimes

Abstract This article considers the African Union’s (AU) proposal for a regional court for international crimes under the Malabo Protocol 2014 (Protocol). It places that within the AU’s rejection of the International Criminal Court’s (ICC) arrest warrants for African Heads of States that are not party to the Rome Statute and a more general protection of incumbents. It argues that the enthusiasm for establishing a regional criminal court, which lacks jurisdiction to prosecute incumbents, has not been sustained and African states remain committed to the ICC. It shows that nevertheless the Protocol’s provisions on genocide, crimes against humanity and war crimes, although imperfect, better address the specific character of armed conflicts in Africa than current international law, including the Rome Statute of the ICC. It concludes that the regional court for international crimes is unlikely to be established unless the ICC takes further action against incumbent leaders but that the Protocol’s provisions could be used in the development of a more Africa-centric international law.

scholarly journals Wartime Sexual Acts as Prosecutable War Crimes

DÍKÉ ◽  
2021 ◽  
Vol 2020 (2) ◽  
pp. 108-123
Author(s):  
Upal Aditya Oikya
Keyword(s):  
Human Rights ◽  
International Law ◽  
Middle Ages ◽  
Capital Punishment ◽  
Evolutionary Process ◽  
War Crimes ◽  
Armed Conflicts ◽  
Crimes Against Humanity ◽  
Gender Based ◽  
Civilian Women

Human history is littered with the mass rape of women particularly as a military strategy in warfare, dating back centuries from ancient Greek, Roman, and Hebrew concubines through the Middle Ages to the 20th century ‘comfort women’ of the 2nd World War. Ancient literature explicitly refers to rape or the seizure of vanquished women, who were regarded as the enemy’s property, to become wives, servants slaves, or concubines. The plight of women worsened in the twentieth century when civilian women suffered the most consequences of armed conflicts including rape. Rape served as an oppressive and humiliating tool to severe family identity to dominate, demoralize, and destroy the entire enemy society and way of life. In the past, there appeared to be no international law that specifically dealt with rape in armed conflicts. This was caused by the ambivalent relationship between the law of armed conflict and gender-based crimes. Rape was overlooked as an unfortunate yet inevitable by-product of war. Both international humanitarian and human rights laws did not initially recognize rape as a serious war crime and a fundamental breach of human rights. This deafening legal silence and gap are being addressed through an ongoing evolutionary process by criminalizing wartime predatory sexual acts as a war crime, crimes against humanity, and even genocide. However, with the developments of international law and its practice, for the first time in the history, mass rape and sexual enslavement in the time of war be regarded as ‘crimes against humanity’ in a landmark ruling from the Yugoslav War crime tribunal in the Hague on 22 February 2001. But, even before that, some prior legal instruments for example the Lieber Code, promulgated during the American Civil War regarded [wartime] rape as war crime with capital punishment. Thus, this paper aims to analyze how the historical legal instruments have articulated the extend of criminality and culpability of wartime rapes and other sexual violence and their nexus with crimes of humanity, genocide, and war crimes within the corpus of international norms and criminal prohibitions as well as the historical development of wartime sexual acts as prosecutable war crimes.  

scholarly journals Parties to Offences under the Canadian Crimes against Humanity and War Crimes Act : an Analysis of Principal Liability and Complicity

2010 ◽  
Vol 50 (3-4) ◽  
pp. 967-1014 ◽  
Author(s):  
Fannie Lafontaine
Keyword(s):  
International Law ◽  
War Crimes ◽  
Criminal Code ◽  
International Criminal Law ◽  
Individual Responsibility ◽  
Crimes Against Humanity ◽  
International Crimes ◽  
Canadian Law ◽  
Legislative Choice ◽  
Domestic Law

The Crimes against Humanity and War Crimes Act presents an interesting mosaic of law applicable to the domestic prosecution of genocide, crimes against humanity and war crimes. The definitions of offences refer essentially to international law, whereas the available defences, justifications and excuses are those of both Canadian law and international law, and the modes of participation in offences are exclusively those of Canadian law. This raises the question of the relevance and effectiveness of the legislative choice to apply domestic law to the principles of liability for international crimes. The present study offers a preliminary and limited analysis of certain modes of participation in offences provided for by the Act, namely perpetration and complicity pursuant to section 21 of the Criminal Code. This analysis aims at assessing, in light of the principles developed in international criminal law with respect to individual responsibility, whether and how Canadian law may be adapted to the particular — collective — nature of international crimes.

The German Act to Introduce the Code of Crimes Against International Law

2003 ◽  
Vol 42 (4) ◽  
pp. 995-1009
Author(s):  
Elisabeth Handl
Keyword(s):  
International Law ◽  
International Criminal ◽  
War Crimes ◽  
Legal Framework ◽  
Criminal Code ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Federal Law ◽  
The Core ◽  
Legal Situation

On June 26,2002 the German Federal Parliament passed an Act to Introduce the Code of Crimes Against International Law (“the Act”), which subsequently entered into force on June 30,2002, the day after its promulgation in the German Federal Law Gazette. Article 1 of the Act contains the Code of Crimes Against International Law (“CCAIL”), which provides the legal framework for German courts to prosecute crimes for which the International Criminal Court (“ICC”) is competent, namely, genocide, crimes against humanity and war crimes (“the core crimes”). The remaining Articles of the Act contain, inter alia, amendments to the Criminal Code and the Code of Criminal Procedure, the primary purpose of which is to harmonize the general criminal law with the CCAIL.For a better understanding of the significance of the CCAIL on the national and international plane, it is important to recall briefly the legal situation in Germany regarding the prosecution of the core crimes prior to the entry into force of the Act

scholarly journals Odgovornost za štetu i naknada štete počinjene ratnim zločinom

2018 ◽  
Vol 39 (1) ◽  
pp. 601-628
Author(s):  
Jadranko Jug
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
War Crimes ◽  
Case Law ◽  
Armed Conflicts ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
The Subject ◽  
The Republic ◽  
Responsible Person

<span>War crimes are the most serious criminal offences, which in terms of their characteristics are related to violations of the rules of international law during a war, armed conflict and occupation. One of the consequences of the commission of war crimes is material and non-material harm, caused as a rule to a large number of people. Therefore liability for damages and reparation of the harm caused to the victims of war crimes is equally as important as the criminal prosecution of the perpetrators themselves. In the territory of the Republic of Croatia and neighbouring Bosnia and Herzegovina, wars and armed conflicts were waged in recent history, and war crimes were committed. Still today criminal proceedings and proceedings for payment of damages and reparation for the harm that was caused are being conducted against the perpetrators and the responsible persons. Regarding liability for damages for the war crimes committed, the state will very often appear alongside the wrongdoer as the responsible person, and as a result the question will arise of the expiration of the statute of limitations for reparation towards a state. It is also important to differentiate war damage and acts of terrorism from a possible war crime and, regarding payment of damages to victims of war crimes, it is necessary to conduct rapid and efficient compensation proceedings. The subject of this paper is an analysis of the legislation and case law related to liability for damages and the harm caused by war crimes. The paper first explains the terminology and the differences between a war crime, war damage and an act of terrorism, and then liability is discussed for the harm caused by war crimes and reparation of that harm.</span>

Eco-Struggles

2017 ◽  
Author(s):  
Matthew Gillett
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Environmental Harm ◽  
Jus Post Bellum

This chapter examines the provisions of international criminal law applicable to serious environmental harm, particularly during non-international armed conflicts ('NIAC'). After describing incidents of serious environmental harm arising in armed conflicts, the analysis surveys the provisions of international criminal law applicable to environmental harm during NIACs, including war crimes, crimes against humanity, genocide, and aggression. It then examines the basis for extending to NIACs the protection against military attacks causing excessive environmental harm (set out in Art. 8(2)(b)(iv) of the Rome Statute), which is currently only applicable in IACs. The examination of this possible amendment of the Rome Statute covers a broad range of instruments and laws forming part of international and national legal codes, all addressing grave environmental harm. Finally, the analysis turns to accountability for environmental harm as a facet of jus post bellum, emphasizing the interconnected nature of environmental harm and cycles of violence and atrocities.

From Reprisals to Criminal Accountability: State Bias and the Prospects of Limiting War Through Law

2020 ◽  
Vol 7 (2-3) ◽  
pp. 365-388
Author(s):  
Pablo Kalmanovitz
Keyword(s):  
International Law ◽  
Central Element ◽  
War Crimes ◽  
Armed Conflicts ◽  
Unintended Effects ◽  
Laws Of War ◽  
Institutional Conditions ◽  
Playing Field ◽  
The Past ◽  
State Agents

Abstract Over the past 25 years, criminal prosecutions for war crimes have become a central element in the long-standing project of governing hostilities in international law. According to many, the threat of criminal prosecutions can be a general deterrent against violations of the laws of war, and can contribute more broadly to the diffusion and domestic appropriation of humanitarian norms. This article discusses some unintended effects of this “anti-impunity turn” in the laws of war in the context of non-international armed conflicts. Specifically, it examines the consequences of the fact that states typically have a monopoly over the means of legitimate criminal investigation for alleged crimes committed in their territory. Far from operating on a level playing field, criminal investigations in war contexts must be undertaken under institutional conditions that tend to favor state agents over non-state opposition groups. The article spells out some implications of this form of state bias and argues that it can contribute to exacerbate conflict and prolong violence in war.

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