The Law of Pillage, Conflict Resources, and Jus Post Bellum

2017 ◽  
Author(s):  
Olivia Radics ◽  
Carl Bruch
Keyword(s):  
Natural Resource ◽  
War Crimes ◽  
Economic Crime ◽  
Government Officials ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
The Law ◽  
Practical Implications ◽  
Conflict Period

This chapter explores the role of the law of pillage in the emerging body of jus post bellum with respect to temporal considerations as to its application; its relationship to the law of occupation; the scope of actors to whom pillage applies; and the legal and practical implications of approaching pillage as an economic crime. The chapter discusses questions such as to what extent does the law of pillage continue to apply during the post-conflict period and to whom does it apply? Would it include unelected transitional government officials who might be found liable for making decisions on natural resource concessions? Does the law of pillage apply to occupying forces having de facto or de jure control over a country? How would it relate to immovable state property in occupation? The chapter discusses the viability of war crimes prosecutions for pillage as well as of alternative avenues of accountability.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

Lying and the Law

2018 ◽  
pp. 482-494
Author(s):  
Stuart P. Green
Keyword(s):  
Social Context ◽  
Legal Regulation ◽  
Government Officials ◽  
Political Candidates ◽  
Chilling Effect ◽  
Criminal Sanctions ◽  
The Social ◽  
The Media ◽  
The Law

This chapter considers the various ways in which the law regulates lies and other forms of deception. In the case of offenses such as perjury, fraud, and rape by deception, it takes a hard line, subjecting offenders to serious criminal sanctions. With respect to deception used by the police (during interrogations) and lawyers (in litigation), the law is more tolerant. And lies told by the media and by political candidates are sometimes regarded as constitutionally protected and therefore beyond the scope of permissible legal regulation entirely. The main point is that the law’s treatment of deception varies significantly depending on the role of the person deceiving (e.g., private individuals versus government officials), the social context in which the deception occurs (e.g., courtrooms, the marketplace, police stations, and sexual encounters), the harms the deception is believed to cause, and the chilling effect its regulation might entail.

The financial intelligence unit and money laundering control in Tanzania

2019 ◽  
Vol 22 (3) ◽  
pp. 543-562
Author(s):  
Eugene E. Mniwasa
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Research Approach ◽  
Institutional Reforms ◽  
Content Type ◽  
Essential Component ◽  
The Law ◽  
Financial Intelligence ◽  
Practical Implications

Purpose This paper aims to explore the role of the financial intelligence unit in Tanzania in fighting against money laundering and its predicate offences, examine its potential in controlling the problem and describe factors that undermine its efficacy. Design/methodology/approach The doctrinal research approach is used to analyse Tanzania’s anti-money laundering law and appraise its effectiveness in facilitating operations of the financial intelligence unit in fighting against money laundering and its predicate offences. The law-in-context approach is applied to interrogate the anti-money laundering law and describe non-law factors that impinge on the efficiency of Tanzania’s financial intelligence unit. Findings The law vests the financial intelligence unit with powers to perform a number of functions that are significant in fighting against money laundering and its predicate offences in Tanzania. The unit has been instrumental in curbing money laundering. The efficacy of this anti-money laundering agency, which is at its infancy stage, is emasculated by law-related, institutional and non-law factors. These factors undercut the potency of the agency. Practical implications There is a need for Tanzania to undertake policy, legislative and institutional reforms to augment the efficacy of the financial intelligence unit. The reforms should be implemented concurrently with other measures, which will enhance the country’s anti-money money laundering regime. Originality/value This paper applies the legal and non-law perspectives to evaluate the effectiveness of the financial intelligence unit as an essential component of Tanzania’s anti-money laundering regime. It proposes law-related and non-law approaches to augment the efficiency of the unit and the country’s anti-money laundering regime in general.

Necessity and Proportionality in International Peace and Security Law

2020 ◽  
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Military Force ◽  
Post Conflict ◽  
Self Defense ◽  
Military Necessity ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Principle Of Proportionality

Necessity and proportionality hold a place in the international law governing the use of force by states and in the law of armed conflict (LOAC). However, the precise contours of these two requirements are uncertain and controversial. This book explores in 5 parts how necessity and proportionality manifest under the law governing the use of force and the LOAC. First, the book introduces the reader to how necessity and proportionality factor in the debate about the interaction between morality and law in the use of military force. Second, the book addresses the issue of how proportionality in the law governing the use of force relates to proportionality in the LOAC. Third, the book addresses a number of pressing legal issues including: how proportionality and necessity are linked under international law, the controversial “unwilling and unable” test, drones and targeted killing, their application during civil war, and the need for further transparency in states’ justification for the use of force in self-defense. Fourth, the book analyzes the role of military necessity within the LOAC on the battlefield. This includes discussions about the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in a proportionality analysis. Finally, the book concludes with a discussion on the potential role of proportionality in the law governing post-conflict contexts.

A New Generation of Disappearances: Gangs and the State in El Salvador

2021 ◽  
pp. 189-202
Author(s):  
María José Méndez
Keyword(s):  
El Salvador ◽  
State Government ◽  
Psychological Impact ◽  
Government Officials ◽  
Post Conflict ◽  
Mara Salvatrucha ◽  
State Agents ◽  
Salvadoran Civil War ◽  
New Generation ◽  
Conflict Period

Around 17,000 Salvadorans have disappeared in the third decade of the post-conflict period (2010-2020). This number more than doubles the estimated 8,000 people who disappeared during the Salvadoran Civil War (1980-1992). Despite its astounding scale, the phenomenon of disappearance in El Salvador has garnered little attention from the international community and has yet to be fully examined. This chapter redresses this invisibility by contrasting a top-down and a bottom-up view on the phenomenon. According to state government officials, disappearances primarily occur at the hands of the Mara Salvatrucha and Barrio 18 gangs. Those inhabiting the peripheries of El Salvador and suffering the deep psychological impact of having a missing relative also hold transnational gangs responsible. However, they connect the phenomenon to abuses by state forces and to complex entanglements between state agents and gangs. Drawing on fieldwork conducted in El Salvador in 2018, this chapter argues that the new generation of disappearances in El Salvador must be analysed in relation to a broader continuum of state violations and state-criminal relations. It also points to the crucial need to engage the perspectives of relatives of the disappeared to make fuller sense of the phenomenon

Occupation as Liberation: International Humanitarian Law and Regime Change

2004 ◽  
Vol 18 (3) ◽  
pp. 51-64 ◽  
Author(s):  
Simon Chesterman
Keyword(s):  
Security Council ◽  
Regime Change ◽  
Use Of Force ◽  
The United States ◽  
Military Occupation ◽  
Humanitarian Law ◽  
Post Conflict ◽  
Un Security Council ◽  
The Law

The U.S. invasion of Iraq in 2003 has been the subject of much discussion for its impact on the use of force outside of UN Security Council authorization. Less commented upon is the fact that the so-called “Operation Iraqi Freedom” resurrected a body of international law that had been dormant through the second half of the twentieth century: the law of military occupation. Developed at a time when war itself was not illegal, this doctrine became something of an embarrassment after the UN Charter established a broad prohibition on the use of force. Nevertheless, through the 1990s the United Nations itself had become involved in operations in Kosovo that looked distinctly like military occupation. Even the most liberal reading of the instruments governing occupation law, however, finds it hard to reconcile this law with military intervention and post-conflict occupation premised on regime change. This article first surveys the law of military occupation before briefly examining the role of the UN Security Council in post-conflict administration. It then turns to the ambiguous responsibilities accorded to the United States and Britain as occupying powers in Iraq in 2003–2004.

scholarly journals Beneath the Veneer of Peacebuilding

2017 ◽  
Vol 8 ◽  
pp. 96-110
Author(s):  
Erin Troy
Keyword(s):  
Great Lakes ◽  
Great Lakes Region ◽  
Rwandan Genocide ◽  
Innovative Methods ◽  
Post Conflict ◽  
Middle Powers ◽  
Taking Action ◽  
Conflict Period ◽  
New Framework

This research turns a critical eye to peacebuilding in Rwanda, by revealing the negative outcomes of efforts undertaken by Paul Kagame’s regime. Evaluation of five key pillars of peacebuilding demonstrates that a veneer of peacebuilding has again put Rwanda on a dangerous trajectory towards civil war. Examining the role of international greenlighting as a causal factor of the Rwandan genocide offers a new framework through which to understand our own complicity and responsibility. This framework, in the current Rwandan context, underscores the importance of interrogating ongoing patterns of greenlighting in the post-conflict period, and how we continue to contribute to conflict in the Great Lakes Region of Africa. Middle powers like Canada bear an onus to generate innovative methods of peacebuilding assessment, in order to understand actual impact on the ground. This allows us to see beyond insincere peace work, and points us towards a place of taking action.

scholarly journals EXPERIENCE IN THE DEVELOPMENT OF TOURISM IN GEORGIA IN THE POST-CONFLICT PERIOD

2018 ◽  
pp. 23-33 ◽  
Author(s):  
Halyna Zavarika
Keyword(s):  
Tourism Industry ◽  
Practical Significance ◽  
The Public ◽  
Post Conflict ◽  
Current State ◽  
Strategic Goals ◽  
Historical Comparative ◽  
Tourism Organization ◽  
Conflict Period

Goal. The purpose of the paper is to provide a theoretical and methodological study of the experience of Georgia in the development of tourism in the period from 2009 to this time. Method. The methodological basis of the research is the basis of scientific dialectics. Expeditionary, historical, comparative-geographical, statistical methods of research have been applied. Results. The role of the public sector in the development of tourism in Georgia and the activities of the National Tourism Administration are analyzed. The current state of tourism of Georgia is highlighted, which has considerably improved after the conflict. The role of tourist information centers in the development of tourism of the country in the post-conflict period is determined. The strategic goals of development of tourism of Georgia were grounded, due to the implementation of which they managed to reach growth in the industry. It has been established that the development of infrastructure, marketers' efforts and attracting new investments has been the driving force behind the growth and progress in the tourism industry in Georgia. Scientific novelty. Scientific novelty is to begin systematizing the experience of various countries affected by the conflict, in the development of tourism. It is stressed that the experience of Georgia will be useful for Ukraine in this direction. Practical significance. The results of the study can be the basis for further analysis of the possibilities of developing tourism in the post-conflict period in other countries. Ukraine has many similarities with Georgia, especially in terms of overcoming the conflicts in the tourism industry. It is suggested to use the positive experience of Georgia in Ukraine in order to achieve high indicators of the level of tourism organization.

The Restatement and Beyond

2020 ◽  
Keyword(s):  
United States ◽  
Foreign Relations ◽  
Historical Context ◽  
The United States ◽  
Government Officials ◽  
Foreign Government ◽  
Domestic Courts ◽  
Domestic Jurisdiction ◽  
The Law

This book, The Restatement and Beyond, grapples with the most significant issues in contemporary U.S. foreign relations law. The chapters in this text respond to the recently published Fourth Restatement of the Foreign Relations Law. They review the context and assumptions on which that work relied, criticize that work for its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively, the essays in this book provide an authoritative study of the issues generating controversy today as those most likely to emerge in the coming decade. The book is organized in six parts. The first part provides a historical context for the law of foreign relations from the beginning of the twentieth century, when the United States first envisioned itself as a peer and competitor of the major European powers, to the present, when the United States, although a hegemon, faces deep unrest and uncertainty with respect to its position in the world. The next four parts look at contested issues in foreign relations law today, specifically the law of treaties, the role of domestic courts in interpreting and applying international law, the limits on domestic jurisdiction, and the law of immunity as to states, international organizations, and foreign government officials. The last part considers what this body of law might look like in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law’s development.

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