Restructuring: A Unified Liability Theory for Atrocity Speech Law

2017 ◽  
Author(s):  
Gregory S. Gordon
Keyword(s):  
Structural Changes ◽  
Rome Statute ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
The Core ◽  
History Of ◽  
Practical Implications

Chapter 11 explains that discrete fixes of individual atrocity speech offenses are not sufficient. It begins by considering the history of haphazard atrocity speech offense formulations and the resultant systemic incoherence in this area of law. From there, it considers how certain macro-structural changes can be made to realize the crucial speech-specific prevention, systematization, and expressive goals emphasized throughout this book. In the end, it proposes a “Unified Liability Theory” for atrocity speech law. That theory posits that the core atrocity offenses—genocide, crimes against humanity, and war crimes—should be methodically attached to each type of liability—inciting, speech (abetting a proposed new offense for noncatalytic speech), instigating, and ordering. And this proposed change can be operationalized via treaty and/or a modification of the Rome Statute, as well as any other relevant legal instruments. The chapter concludes with consideration of the theoretical and practical implications of this proposed change.

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.

The Ashkenazi Élite at the Beginning of the Modern Era: Manuscript versus Printed Book

1997 ◽  
pp. 85-98
Author(s):  
Elchanan Reiner
Keyword(s):  
Structural Changes ◽  
Central Issue ◽  
Literary Canon ◽  
General Attitude ◽  
Transmission Of Knowledge ◽  
The Core ◽  
European Culture ◽  
History Of ◽  
The Impact ◽  
Modern Era

This chapter evaluates the effect of printing on the Ashkenazi cultural élite. The shift from script to print in the sixteenth century heralded a reshaping of Ashkenazi literary models. The chapter traces some reactions amongst Ashkenazi intellectuals to this shift, which are indicative of their general attitude to the structural changes in patterns of the transmission of knowledge during the period. It focuses on certain developments within intellectual circles, primarily in connection with changes in the way halakhic literature — the core of the Ashkenazi literary canon — was written and transmitted. While the impact of the making of books and printing has long been a central issue in the history of European culture in general, it is genuinely surprising that Jewish culture, which is so profoundly literary, has not been examined in this light up to now.

s.VIII Boundaries, Ch.33 The Core Crimes of International Criminal Law

2020 ◽  
Author(s):  
Schwöbel-Patel Christine
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Crimes ◽  
The Core ◽  
History Of ◽  
Political Economic

The ‘core’ crimes set out in the International Criminal Court’s Rome Statute - the crime of genocide, war crimes, crimes against humanity and aggression - are overwhelmingly assumed to be the most important international crimes. In this chapter, I unsettle the assumption of their inherent importance by revealing and problematising the civilizational, political-economic, and aesthetical biases behind designating these crimes as ‘core’. This is done by shedding light on discontinuities in the history of the core crimes, and unsettling the progress narrative ‘from Nuremberg to Rome’. More specifically, crimes associated with drug control are placed in conversation with the accepted history of the International Criminal Court (ICC) to exemplify a systematic editing of the dominant narrative of international criminal law.

scholarly journals Prosecutor v. Omar Hassan Ahmad Al-Bashir, Judgment in the Jordan Referral re Al-Bashir Appeal

2020 ◽  
Vol 114 (1) ◽  
pp. 103-109
Author(s):  
Angela Mudukuti
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Arrest Warrant ◽  
Head Of State

In 2009, the International Criminal Court (ICC) stepped into uncharted waters as it issued its first arrest warrant for a sitting head of state, then President of Sudan Omar Al-Bashir. Following the UN Security Council's referral of the situation in the Darfur region of Sudan to the ICC, Al-Bashir was charged by the Court with war crimes and crimes against humanity, and in 2010, he was also charged with genocide. As a consequence, all of the states parties to the Rome Statute had a duty to arrest Al-Bashir. Several states have nonetheless failed to arrest him during country visits, allowing Al-Bashir to evade the ICC. This has given rise to a number of cases before the ICC Chambers, including this Appeals Chamber judgment regarding the Hashemite Kingdom of Jordan.

scholarly journals PERBUDAKAN SEKSUAL (SEXUAL SLAVERY) SEBAGAI KEJAHATAN KEMANUSIAAN DAN PERANG DI BAWAH HUKUM INTERNASIONAL

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Arif Rohman
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Rome Statute ◽  
War Crimes ◽  
Internal Conflict ◽  
Crimes Against Humanity ◽  
Sexual Slavery ◽  
Geneva Conventions ◽  
Set Up ◽  
International Instruments

Abstrac Almost every case of armed conflict both internal conflict and inter-state conflicts, violations that fall into the category of crimes against humanity. One such crime is sexual slavery. Nevertheless, the true multiple instrument products have set about sexual slavery, but in fact violations still occur, so how to regulate the instrument set up and how the application of the instrument. The approach used in this study a statutory approach and approach the case, it is intended to determine the international instruments which regulate and application of the crime of sexual slavery. Sexual slavery has been set up in several instruments and is a violation of the Fourth Geneva Conventions of 1949, Additional Protocol II of 1977, the Universal Declaration of Human Rights, the Rome Statute, anti-torture convention so that it can be regarded as war crimes. Sexual slavery is expressed as slavery not as rape. Evidently some tribunal (ICTY, ICTR, Tokyo Tribunal, and ICC) which has been in effect and entrap the perpetrators of sexual slavery was found guilty.Key words: Sexual slavery, Crime Humanity, War Crimes and International Law

Complementarity as a Catalyst for Gender Justice in National Prosecutions

2017 ◽  
Author(s):  
Amrita Kapur
Keyword(s):  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Gender Justice ◽  
Gender Based Violence ◽  
International Crimes ◽  
Gender Based ◽  
And Gender

This chapter explores the opportunities present in the Rome Statute to promote justice for victims of sexual and gender-based violence in the International Criminal Court (ICC). It focuses on the concept of complementarity to show the ICC’s potential for reform and to catalyze the prosecution of international crimes (genocide, crimes against humanity and war crimes). It then describes the ICC’s broader approach to sexual violence and gender, as well as the domestic impact of this jurisprudence. The chapter concludes by suggesting that the Rome Statute’s standards should be introduced into national law. This could create broader benefits for women and victims of sexual and gender-based violence beyond the prosecution of criminal perpetrators.

scholarly journals Methodological Flaws in the ILC's Study on Exceptions to Immunity Ratione Materiae of State Officials from Foreign Criminal Jurisdiction

AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 9-15 ◽  
Author(s):  
Qinmin Shen
Keyword(s):  
International Law ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
General Assembly ◽  
Draft Article ◽  
Criminal Jurisdiction ◽  
International Crimes ◽  
The Core ◽  
Un General Assembly ◽  
International Law Commission

In July 2017, the UN International Law Commission (ILC) provisionally adopted Draft Article 7 on exceptions to immunity ratione materiae of state officials from foreign criminal jurisdiction, by a recorded vote of twenty-one votes in favor, eight votes against, and one abstention. In the view of the majority of ILC members, immunity ratione materiae does not apply to the six international crimes listed in the draft article—genocide, crimes against humanity, war crimes, apartheid, torture, and enforced disappearance—either because of a limitation or because of an exception. The unusual practice of adopting a draft article by recorded vote demonstrated the deep controversy among the ILC members themselves. After all, exceptions to official immunity lie at the core of the project of “Immunity of State Officials from Foreign Criminal Jurisdiction” that was started a decade ago by the ILC. This divisive Draft Article 7 naturally garnered criticism and equally deep controversy among states in discussions on the ILC's work report at UN General Assembly Sixth Committee in late October 2017.

Leaving Nuremberg: America’s love/hate relationship with international law

2008 ◽  
Vol 34 (3) ◽  
pp. 425-443
Author(s):  
LINDA S. BISHAI
Keyword(s):  
International Law ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Legal Realism ◽  
Legal Thought ◽  
History Of ◽  
Legal Thinking

AbstractThe official US attitude towards the prosecution of crimes against humanity and war crimes changed dramatically from the universality of Nuremberg to the exceptionalism of the Rome Treaty negotiation. This article argues that the history of US legal thinking indicates that both stances are the result of a conceptual battle between legal realism and legal idealism – strains of international legal thought that pose a battle of opposites which is never fully resolved into a coherent approach. Although Nuremberg would seem to illustrate the idealist extreme and the abstention from Rome the realist one, in fact both stances were the culmination of intense negotiation and argumentation between the two strains of thought.

Some Comments on the Elements of Crimes for the Crimes of the ICC Statute

2000 ◽  
Vol 3 ◽  
pp. 273-288
Author(s):  
Herman von Hebel ◽  
Maria Kelt
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Time Limit ◽  
Crimes Against Humanity ◽  
Limit Set

On 30 June 2000, the Preparatory Commission for the International Criminal Court (ICC) adopted by consensus the draft Elements of Crimes for the crimes of genocide, crimes against humanity and war crimes, as defined in Articles 6, 7 and 8 of the Rome Statute of the International Criminal Court (the Statute). Herewith, the Preparatory Commission fulfilled its mandate to elaborate such elements in accordance with the time-limit set out in resolution F of the Final Act, adopted by the Rome Conference on 17 July 1988.

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