Death Sentence Despite the Law: A Secret 1962 Crimes-against-Humanity Trial in Kiev

2013 ◽  
Vol 27 (2) ◽  
pp. 299-312 ◽  
Author(s):  
L. Simkin
Derrida Today ◽  
2013 ◽  
Vol 6 (2) ◽  
pp. 222-239
Author(s):  
Lynn Turner

While it is Derrida's late work on the ‘animal question’ that brought his insistence on limitrophy between species to wider attention, it is also named as the general condition of the limits in the much earlier text, ‘Tympan’. There, in dislocating the tympanum, the margins of philosophy are eaten. Equally, given the rhythmic address of the tympanum, we might say that the margins of philosophy are beaten. This paper considers the persistent play on rhythmic sounds in Lars von Trier's Dancer in the Dark as a ‘tympanising’ or derision of the limits, notably of the limits of the law in both juridical and symbolic senses, as they also work the edges of the film's two styles (broadly, realism and musical). In a provocative analysis of this film, Cary Wolfe suggests that we might understand Selma's vocal style (given singular expression by Bjork) as a refusal of the phallic imposition of language, and that her virtually suicidal submission to the death sentence allows for a notion of a ‘posthuman feminine’. ‘Tympan Alley’ redirects this tantalising term ‘posthuman feminine’ through a more consistently Derridean line of thought to sound out the implications of b/eating the limits through Selma's oblique ear.


2020 ◽  
Vol 9 (2) ◽  
pp. 155
Author(s):  
Zainul Arifin

Kedudukan hukuman mati terhadap pengedaran narkotika di Indonesia  sebagai strategi penanggulangan terhadap pengedaran narkotika  masih menimbulkan pihak yang menyetujui dan menolaknya. Pihak yang  menolak hukuman mati dikenakan pada pengedar nakotika dengan alasan hak asasi manusia atau hak keberlanjutan hidup terpidana, sedangkan ada kelompok yang menyetujui pelaksanaan hukuman mati yang juga dengan alasan demi kepentingan hak asasi manusia. Pihak yang menyetujui hukuman untuk pengedar ini menilai, bahwa sanksi yang dikenakan berupa hukuman mati dapat membuat jera atau takut calon-calon pelaku yang bermaksud mengedarkan narkotika atau hak hidup banyak generasi muda ikut diselamatkan menjadi korban kecanduan narkotika akibat ketakutan di kalangan calon-calon penjahat. hukuman mati bagi pengedar narkotika dalam kajian hukum positip sudah diatur dalam Undang-Undang Nomor. 35 tahun 2009 tentang Narkotika.Kata kunci: narkotika, hukuman, akibat, kedudukan, urgensi The death penalty for narcotics distribution in Indonesia as a counter strategy against narcotics distribution still raises those who approve and reject it. Parties that reject the death penalty are imposed on narcotics distributors on the grounds of human rights or the right to a life sentence, while there are groups that approve the execution of the death sentence as well as for the sake of human rights. The party who approved the sentence for the distributor ruled that sanctions imposed on the death penalty could scare or intimidate potential perpetrators who intend to distribute narcotics or livelihoods for many young people to be rescued as victims of narcotics addiction due to fear among potential criminals. the death penalty for narcotics traffickers in a positive legal study is set out in the Law of Numbers. 35 of 2009 on Narcotics. Keywords: narcotics, punishment, consequences, position, urgency


Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt ◽  
Helena Wray

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter considers the provisions whereby an individual can be excluded from refugee status because of their conduct. These are as laid down in the Refugee Convention and the EC Qualification Directive. The chapter discusses up-to-date case law on exclusion from refugee status based on crimes against humanity, serious non-political crimes, and acts against the purpose and principles of the United Nations. It deals with the issue of complicity and the relationship with the UK’s anti-terrorism legislation. It also deals with the situations in which refugees can be removed from the host country.


Author(s):  
Mettraux Guénaël

The law of international crimes has become increasingly dense over the years, which has rendered the law of international crimes more sophisticated and more complex. This is perhaps most apparent in relation to the law of crimes against humanity. From a single paragraph in Article 6 of the Nuremberg Charter, the law of crimes against humanity has grown into dozens of interacting definitional elements and an extensive body of practice. As part of this development, crimes against humanity have established their own normative identity with a distinctive chapeau or contextual element and a broad range of underlying offences, including discrimination-based crimes, penal translations of what are in effect serious human rights violations, a series of gender-based crimes and a residual offence of ‘other inhuman acts’. The combined effect of a sophisticated body of criminal law, international obligations directed at ensuring accountability and a multiplication of judicial venues competent to adjudicate upon such crimes, carries with it the hope that crimes against humanity could become an effective enforcer of international justice. However, resistance to full and universal accountability for such crimes is still a powerful political reality that undermines the possibility of justice and the institutions that are devoted to it. The present volume hopes to contribute to achieving that goal as the law of crimes against humanity is as important and relevant today as it was when first enforced. As it stands today, that law is a testimony to the efforts of many who have strived to ensure that atrocities should not remain unpunished.


Author(s):  
Tilman Rodenhäuser

When considering which kinds of armed groups could form the entity behind crimes against humanity, legal debate has turned around the question of whether these groups need to be ‘state-like’ or not. As the law could support different interpretations, this first chapter on crimes against humanity engages with the rich philosophical debate on the crime’s main characteristics. Discussing a variety of philosophical works on this issue, this chapter develops a new approach, arguing that crimes against humanity should be understood as large-scale crimes committed in a context in which victims are deprived of any effective protection. It shows that such situations not only occur if states are involved in the crime, but also if armed groups commit large-scale crimes and the state is either unwilling or unable to halt them.


2010 ◽  
Vol 23 (4) ◽  
pp. 855-873 ◽  
Author(s):  
CLAUS KRESS

AbstractAt the beginning of the renaissance of international criminal law in the 1990s, the law on crimes against humanity was in a fragile state. The International Criminal Tribunal for the former Yugoslavia (ICTY) decisively contributed to the consolidation of customary international law on crimes against humanity and paved the way for its first comprehensive codification in Article 7 of the Statute of the International Criminal Court (ICC). At the same time, the ICTY in its early decisions already showed a certain inclination to broaden the scope of the application of the crime by downgrading its contextual requirement. More recently, this tendency culminated in the complete abandonment of the policy requirement. While this ‘progressive’ facet of the ICTY's jurisprudence largely took the form of obiter dicta, the Situation in the Republic of Kenya has confronted the ICC with the need to ‘get serious’ about the present state of the law. This has led to a controversy in Pre-Trial Chamber II about the concept of organization in Article 7(2)(a) of the Statute. While the majority essentially follows the path of the more recent case law of the ICTY, the ICTR, and the Special Tribunal for Sierra Leone and supports a liberal interpretation, Judge Kaul prefers to confine the term to state-like organizations and generally calls for caution against too hasty an expansion of the realm of international criminal law stricto sensu. This comment agrees with the main thrust of the Dissenting Opinion and hopes that it will provoke a thorough debate.


2014 ◽  
Vol 8 (4) ◽  
pp. 46-52
Author(s):  
Mihai Floroiu

Crimes against humanity committed by dictators obsessed with power have been constant throughout history. The front impunity for the most heinous crimes is something that causes immense social unrest and brings the message that the law does not reach those who are in power. States, begun striving to find mechanisms to punish those guilty of crimes against humanity and establish a permanent international criminal jurisdiction.


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