The Victimology of State Crime

2021 ◽  
Author(s):  
Rick A. Matthews
Keyword(s):  
Human Rights ◽  
Critical Criminology ◽  
The State ◽  
State Crime ◽  
Human Rights Law ◽  
Significant Progress ◽  
Solid Foundation ◽  
Crime Literature

States have been committing crimes and victimizing people since the advent of the state itself. Yet it has only been since the 1990s that criminologists have turned their attention to describing, theorizing, and analyzing state crimes. While the study of state crime has made significant progress since then, the same is not true for the victimology of state crime. Currently, the victimology of state crime does not represent a cohesive subfield within criminology or victimology. Nevertheless, drawing upon essential works from criminology, victimology, other disciplines like human rights law, as well as established subfields like critical criminology, critical victimology, and the state crime literature, the victimology of state crime offers essential insights into the nature of mass victimization by states. Although much work remains, the victimology of state crime literature has created a solid foundation for lines of future scholarship and inquiry.

Jurisdictional Immunities of the State for Serious Violations of International Human Rights Law or the Law of Armed Conflict

2013 ◽  
Vol 50 ◽  
pp. 243-287 ◽  
Author(s):  
Paul David Mora
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
The State ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Customary International Law ◽  
Law Of Armed Conflict ◽  
International Human

SummaryIn its recent decision in Jurisdictional Immunities of the State (Germany v Italy: Greece Intervening), the International Court of Justice (ICJ) held that Italy had failed to respect immunities enjoyed by Germany under international law when the Italian courts allowed civil actions to be brought against Germany for alleged violations of international human rights law (IHRL) and the law of armed conflict (LOAC) committed during the Second World War. This article evaluates the three arguments raised by Italy to justify its denial of immunity: first, that peremptory norms of international law prevail over international rules on jurisdictional immunities; second, that customary international law recognizes an exception to immunity for serious violations of IHRL or the LOAC; and third, that customary international law recognizes an exception to immunity for torts committed by foreign armed forces on the territory of the forum state in the course of an armed conflict. The author concludes that the ICJ was correct to find that none of these arguments deprived Germany of its right under international law to immunity from the civil jurisdiction of the Italian courts.

Part 1 Freedom of Religion or Belief, 1.3.2 Places of Worship

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
The State ◽  
Religious Communities ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Sacred Sites ◽  
The Relationship

This chapter discusses various human rights violations that arise in the context of constructing, owning, accessing, using, protecting, and preserving places of worship or other religious sites. When members of religious communities wish to construct and own places of worship they often face restrictions that are imposed by the State or competing claims by other religious communities. In this context, the conversion of places of worship as well as their confiscation and unfair restitution provisions may lead to further problems for religious communities. Furthermore, access to religious sites and their use is often unduly restricted by the State, impeded in practice by non-State actors, or hampered by religious precepts which discriminate against some people within the same religious or belief community. The chapter also discusses issues of interpretation, including the relationship between international human rights law and international humanitarian law in the context of religious sites, the obligations of various duty-bearers, and sacred sites of indigenous peoples.

BETWEEN EXCLUSION AND FAMILIARITY: AN ETHNOGRAPHY OF THE MEDITERRANEAN MISSING PROJECT1

2018 ◽  
Vol 40 (2) ◽  
pp. 28-31
Author(s):  
Giorgia Mirto
Keyword(s):  
European Union ◽  
Human Rights ◽  
Data Collection ◽  
The State ◽  
Post Mortem ◽  
The European Union ◽  
Human Rights Law ◽  
The Mediterranean ◽  
Ethnographic Analysis ◽  
Future Work

Abstract For decades, migrants have continued to die or go missing in the Mediterranean, while the European Union and Italy continue to exhibit a policy vacuum around the issue of the missing, despite the duties on states imposed by human rights law. The investigation of deaths is inadequate, the Italian judicial authorities demonstrate disinterest to proceed with investigations in the identification of deceased migrants, and the inefficient post-mortem data collection seriously compromise every effort to restore names and dignity to the dead. This attitude seems to confirm the theory of “necropolitics,” which views the state as a racist and excluding sovereign entity. But ethnographic analysis of the work of some of the involved actors reveals recognition of the deceased and missing migrants based on a sense of familiarity and closeness. Here, the experience of the Mediterranean Missing Project is discussed, with an emphasis on future work prospects for both academia and practitioners.

scholarly journals Perkawinan Sejenis Menurut Hak Asasi Manusia Dalam Perspektif Hukum Islam

2016 ◽  
Vol 16 (1) ◽  
pp. 77-83
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Secondary Data ◽  
The State ◽  
Human Rights Law ◽  
Marriage Law ◽  
Men And Women ◽  
Legal Principles ◽  
Homosexual Marriage

Purpose of this study is to analyze that the homosexual marriage in accordance with human rights which is just and civilized, and to determine the homosexual marriage according to the marriage act and the perspective of Islamic law. The method used is a method normative considering that this study emphasizes that the secondary data that is studying and reviewing principles, materials and positive legal principles that of the materials libraries that exist in legislation marriage law and human rights law in Indonesia. Results from this study showed that the homosexual marriage in the name of human rights it violates human rights itself. Because the rights that should be fought is right according to the nature of natural and ordained by God, since man was created in pairs regarding marriages recognized by the state is only marriages between men and women can also be seen in Article 34 paragraph (1) of the Act Number 23 the Year 2006 concerning population administration.

14 Human Rights in Armed Conflict

2021 ◽  
Author(s):  
Kleffner Jann K
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
The State ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Legal Relationship ◽  
The Law ◽  
The Individual

This chapter explains the application of human rights in armed conflicts. International humanitarian law has much in common with the law of human rights, since both bodies of rules are concerned with the protection of the individual. Nevertheless, there are important differences between them. Human rights law is designed to operate primarily in normal peacetime conditions, and governs the vertical legal relationship between a state and its citizens and other persons subject to its jurisdiction. Human rights law applies primarily within the territory of the state that is subject to the human rights obligation in question. International humanitarian law, by contrast, is specifically designed to regulate situations of armed conflict. These differences between human rights law and international humanitarian law have led some to argue that human rights law is only intended to be applicable in time of peace. However, it is now generally accepted that human rights continue to apply during armed conflict. Hence, international humanitarian law and human rights law can apply simultaneously in situations of armed conflict.

scholarly journals The State Responsibilities Relating to Human Rights Violations to The People with Stateless Persons Status in Rohingnya Crisis

2018 ◽  
Vol 7 (2) ◽  
pp. 154
Author(s):  
I Putu Dwika Ariestu
Keyword(s):  
Human Rights ◽  
The State ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Conceptual Approach ◽  
Citizenship Status ◽  
The People ◽  
The Right ◽  
Legal Consequences

Human Rights and the State could not be separated from one another. Both are interconnected in terms of how to ensure internal stability in a country. With the existence of human rights, it is hoped that state is not arbitrary to treat its people and is obliged to protect everyone in its territory including in this case Stateless persons mentioned in Article 7 paragraph 1 of the Convention relating Status of Stateless Persons in 1954. This study aims to analyze the obligations the State must take in relation to the protection of persons with stateless persons status, and to recognize the legal consequences and responsibilities of States in the event of omitting acts of human rights violations against people with stateless persons status. This paper using normative research methods with statute approach and conceptual approach. The study shows that in relation to the obligation of the state that each State shall be obliged to provide protection to persons with stateless persons status as stipulated in the 1954 Convention and the provisions of the International Human Rights Law, the obligations of state protection include the protection of the right to life, the right to employment and even the right to obtain citizenship status. The international legal consequences accepted by the state are listed in Article 39, Article 41, and 42 of the UN Charter. Then for state responsibility are listed under Article 35, Article 36, and Article 37 of UNGA 56/83 of 2001.   Hak Asasi Manusia dan Negara tidak bisa dipisahkan satu sama lain. Keduanya saling terkait dalam hal bagaimana menjamin stabilitas internal di suatu negara. Dengan adanya hak asasi manusia, diharapkan negara tidak sewenang-wenang memperlakukan rakyatnya dan berkewajiban melindungi semua orang di wilayahnya termasuk dalam hal ini para warga negara yang disebutkan dalam Pasal 7 ayat 1 Konvensi terkait Status Orang Tanpa Negara di tahun 1954. Tulisan ini bertujuan untuk menganalisis kewajiban yang harus diambil Negara sehubungan dengan perlindungan orang-orang dengan status orang tanpa kewarganegaraan, dan untuk mengakui konsekuensi hukum serta tanggung jawab negara dalam hal melakukan  tindakan pelanggaran hak asasi manusia terhadap orang-orang dengan status  tanpa kewarganegaraan. Tulisan ini menggunakan metode penelitian normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Hasil studi menunjukkan bahwa sehubungan dengan kewajiban negara bahwa setiap Negara wajib memberikan perlindungan kepada orang-orang dengan status orang tanpa kewarganegaraan sebagaimana diatur dalam Konvensi 1954 dan ketentuan-ketentuan Hukum Hak Asasi Manusia Internasional, kewajiban perlindungan negara termasuk perlindungan hak untuk hidup, hak untuk bekerja dan bahkan hak untuk mendapatkan status kewarganegaraan. Konsekuensi hukum internasional yang diterima oleh negara tercantum dalam Pasal 39, Pasal 41, dan 42 Piagam PBB. Kemudian untuk tanggung jawab negara tercantum di bawah Pasal 35, Pasal 36, dan Pasal 37 UNGA 56/83 tahun 2001.

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