A Hope for the Future? Prosecuting Crimes Against Humanity in Russia's Courts

2007 ◽  
Vol 7 (1) ◽  
pp. 45-76 ◽  
Author(s):  
Alexandra Orlova

AbstractThe abuses of Chechen civilians by Russian federal forces and pro-Kremlin Chechen security forces have once again attracted international attention. This article discusses some of the legal and social difficulties that make the prosecution of disappearances and other abuses against Chechen civilians virtually impossible under the rubric of crimes against humanity in Russian domestic courts. Such prosecutions are imperative, however, if the goal is to truly "normalize" the situation in Chechnya and to prevent the spread of terrorist activity within and outside of the Chechen borders.

2020 ◽  
pp. 1-24
Author(s):  
Mark S. Berlin

Why do governments take atrocity offenses, like genocide, war crimes, and crimes against humanity, from international law and legislate them into domestic criminal law, empowering national courts to prosecute their own, and sometimes other states’, government and military officials? The question is important, because the international community has constructed an international legal regime to prosecute the most serious human rights violations, but that regime is designed to rely primarily on domestic criminal courts to try offenders. To fulfill this role, domestic courts often require specific legislation that defines and criminalizes these offenses in national law. Yet, the adoption of national atrocity laws is puzzling, since in a number of ways, these laws appear to threaten states’ interests. This introductory chapter highlights the puzzle of atrocity criminalization and discusses its importance for the functioning of the international atrocity regime. It then situates this study in existing literatures and highlights the book’s contributions to research on atrocity justice, human rights, and international law. Next, it summarizes the book’s main arguments and details the study’s multi-method research design, which combines quantitative analyses of new, original datasets with in-depth qualitative case studies of Guatemala, Colombia, Poland, and the Maldives.


1989 ◽  
Vol 23 (2-3) ◽  
pp. 216-279 ◽  
Author(s):  
Mordechai Kremnitzer

The principal significance of the Landau Commission Report lies in its conclusion that, under the provisions of the necessity defence, the exertion of a moderate measure of physical pressure is both justifiable and permissible in the interrogation of persons suspected of hostile terrorist activity (HTA). This conclusion extends both forward to the future and backward to the past. For the future, it licenses the employment of physical pressure in such investigations; as to the past, it lends significant support to another of the Commission's conclusions, that no proceedings be instituted against persons who were found by the Commission to bear prima facie responsibility for serious criminal offences (i.e., perjury at the very least). In my opinion, the Commission's central conclusion and its implications are unjustified. It is based upon factual findings and evaluative judgments which are, as I shall attempt to demonstrate, problematic.Before embarking, however, I should like to sketch a synoptic view of the Report for the reader, which will then enable me to expand upon the connection between the Commission's factual and evaluative findings and its normative conclusions. Regarding the facts, the Commission determined that: 1) GSS interrogators had systematically employed physical pressure on HTA suspects; and 2) interrogators had lied about this fact to the courts. The Commission's normative conclusions were that it is permissible to employ physical pressure in HTA interrogations, but forbidden to lie to the court.


2021 ◽  
Vol 13 (1) ◽  
pp. 20-23
Author(s):  
Sophie Ryan

Abstract This article considers the legal tests for establishing genocide and crimes against humanity in relation to the situation in Xinjiang. It suggests that the currently available evidence is likely sufficient to establish atrocity crimes and that the situation in Xinjiang requires urgent international attention, regardless of the precise legal label applied to it.


Elem Sci Anth ◽  
2018 ◽  
Vol 6 ◽  
Author(s):  
Anna Pigott

This article explores how the Welsh Government’s recent policy innovations in climate change and environmental sustainability can be read in terms of their imaginative capacity for transformation. The Welsh Government is one of only a few governments in the world to have a legal duty to sustainable development, which includes the pioneering Well-being of Future Generations Act (2015). The legislation has received international attention and praise from the United Nations but, as yet, the Welsh Government’s imaginaries of socioecological transformation have received little scrutiny regarding the kinds of ideas about the future and possibilities for change they set in motion. The article considers imaginaries as providing the very grounds of possibility for transformation, being comprised of stories and narratives about what kinds of futures are possible and desirable, intermingled with emotional-affective “atmospheres” that can promote or hinder people’s engagement with environmental issues. The article focuses on three aspects of the Welsh Government’s imaginaries related to socioecological transformation, namely; resilience and anticipatory discourse, linear time, and “conspiracies of optimism”. A number of tensions are drawn out that highlight how the Welsh Government’s seemingly progressive rhetoric risks being undermined by the conceptions of time and change it employs. Thus, the article contributes to wider critical analyses of how new politics and modes of governance of and for the (proposed) Anthropocene are taking shape.


2019 ◽  
Vol 13 (1) ◽  
Author(s):  
Nicole Messner ◽  
Andrea Woods ◽  
Agnes Petty ◽  
Parveen K. Parmar ◽  
Jennifer Leigh ◽  
...  

Abstract Background The Rohingya ethnic minority population in northern Rakhine state, Myanmar, have experienced some of the most protracted situations of persecution. Government-led clearance operations in August 2017 were one of many, but notably one of the most devastating, attacks on the population. The study aimed to conduct a multiphase mixed-methods assessment of the prevalence and contexts of violence and mortality across affected hamlets in northern Rakhine State during the August 2017 attacks. This publication describes qualitative accounts by Rohingya community leaders from affected hamlets, with a focus on the events and environment leading up to and surrounding the attacks. Methods Qualitative in-depth interviews were conducted with Rohingya community leaders representing 88 northern Rakhine state hamlets across three townships affected by the August 2017 attacks (Maungdaw, n = 34; Buthidaung, n = 42; Rathedaung, n = 12). Prior quantitative surveys conducted among representative hamlet leaders allowed for preliminary screening and identification of interview candidates: interviewees were then selected based on prior reports of 10 or more deaths among Rohingya hamlet community members, mass rape, and/or witness of mass graves in a hamlet or during displacement. Recorded interviews were transcribed, translated, and thematically coded. Results Rohingya leaders reported that community members were subjected to systematic civil oppression characterized by severe restrictions on travel, marriage, education, and legal rights, regular denial of citizenship rights, and unsubstantiated accusations of terrorist affiliations in the months prior to August 2017. During the attacks, Rohingya civilians (inclusive of women, men, children, and elderly) reportedly suffered severe, indiscriminate violence perpetrated by Myanmar security forces. Crimes against children and sexual violence were widespread. Bodies of missing civilians were discovered in mass graves and, in some cases, desecrated by armed groups. Myanmar Armed Forces (Tatmadaw), consisting of the Army, Navy, and Border Guard Police continued to pursue, assault, and obstruct civilians in flight to Bangladesh. Conclusions Qualitative findings corroborate previously published evidence of widespread and systematic violence by the Myanmar security forces against the Rohingya. The accounts describe intentional oppression of Rohingya civilians leading up to the August 2017 attacks and coordinated and targeted persecution of Rohingya by state forces spanning geographic distances, and ultimately provide supporting evidence for investigations of crimes against humanity and acts of genocide.


2000 ◽  
Vol 99 (637) ◽  
pp. 195-199
Author(s):  
Peter Rosenblum

Chad has come to the center of international attention as the World Bank, international oil companies, and NGOs struggle over the development of the country's oil reserves.… The results will affect not only Chad's future but also the future of other countries dealing with issues of accountability and development in the face of multinational corporations and world financial institutions.


2020 ◽  
Vol 20 (1) ◽  
pp. 97-126
Author(s):  
Kirsten Ortega Ryan

SummaryEl Salvador is currently one of the most violent countries in the world with rates of violent death second only to Syria. With gangs running rampant and state security forces unchecked, the streets have become “urban killing fields”1 while the rest of the world has turned a blind eye to the atrocities. It is time for the international community to refocus on El Salvador and work towards a solution to this dire humanitarian crisis. To that end, it is imperative that the gang violence in El Salvador should be understood by the global community as an internal “armed conflict” under international humanitarian law. By recognizing the violence in El Salvador as an “armed conflict,” international attention to resolving this human rights tragedy will increase, and Salvadoran gang leaders and government forces can be prosecuted internationally for war crimes and crimes against humanity.


Author(s):  
Muli wa Kyendo

The argument in this Chapter is that the key to bringing about lasting ethnic peace and harmony in Kenya – and in the rest of Africa – lies in understanding the attitudes and values found in community folktales. Folktales reflect a community's attempt to give form and shape to its hopes and fears and answers to its important questions. They touch on the very core of who they are, both personally and corporately. When it comes under threat, a community will return to its traditional stories to look for direction and to regain a sense of what made it great in the past and what will nurture it into the future. The Chapter uses examples from Kenya where a disastrous post-election ethnic violence in 2008 landed several prominent Kenyans at International Criminal Court in The Hague charged with crimes against humanity.


Author(s):  
Pocar Fausto

This chapter focuses on criminal prosecution. Traditionally, in domestic law, criminal prosecution has been regarded as a tool capable of contributing to peaceful and secure governance. Under international law, however, recourse to criminal prosecution as a safeguard for maintaining international peace and security is very recent and still limited, and in many respects disputed. This is the case both when international rules are applied by international jurisdictions and when they are directed at soliciting the exercise of criminal prosecution by domestic courts. The chapter looks at the Rome Statute of the International Criminal Court (ICC Statute), which expressly provides that the jurisdiction of the Court ‘shall be limited to the most serious crimes of concern to the international community as a whole’, and identifies these crimes as the crime of genocide, crimes against humanity, war crimes, and the crime of aggression. Given that the ICC Statute does not merely codify customary international law, but also partially develops or restricts it, its adoption has produced some degree of fragmentation of international criminal law, which further impacts on the existing international case law.


Sign in / Sign up

Export Citation Format

Share Document