scholarly journals Moving Beyond Abstract Typologies? Overview of State and State-Corporate Crime

2020 ◽  
Vol 1 (1) ◽  
pp. 7-15
Author(s):  
Dawn L. Rothe
Keyword(s):  
Human Rights ◽  
Corporate Crime ◽  
Status Quo ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
Special Issue ◽  
The Core ◽  
Price Gouging

The core focus of politicians, citizens, and the majority of criminologists continues to be on the most banal forms of lawbreaking street crimes. Yet state crimes occur vastly more often and are portentously harmful and costly—socially, politically, economically, culturally, and environmentally. As such, I suggest having a foundation for understanding and identifying what are often hidden “crimes” is as pertinent, if not more so today, as we continue to hear daily of atrocities, antitrust violations, tainted products, collusion, price gouging, crimes against humanity, human rights violations, to name just a few, by states and corporations. In addition, the topics covered in this special issue should not be seen as distinct, but rather as part of the overall broader system of power, neoliberalism, and the perpetuation of the inept status quo.

scholarly journals Reframing Indigenous Territories: Private Property, Human Rights and Overlapping Claims

2014 ◽  
Vol 38 (4) ◽  
pp. 3-28 ◽  
Author(s):  
Brian Thom
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Private Property ◽  
Indigenous Rights ◽  
The State ◽  
Human Rights Violations ◽  
The Core ◽  
Indigenous Territories ◽  
The Government ◽  
Government Of Canada

This paper considers the implications of the powerful "overlapping territories" map produced by the government of Canada in its attempt to refute human rights violations charges brought by Hul'qumi'num Treaty Group at the Inter-American Commission on Human Rights. The map is at the core of Canada's defense in that it suggests that overlapping indigenous territories negate claims of exclusivity over the land and therefore any kind of obligations the state may have in respect of human or other indigenous rights in those lands. Revealing the limits of cartographic abstractions of indigenous spatialities, as well as the perilous stakes for indigenous peoples when engaging in conventional discourses of territoriality, these issues have broad significance.

scholarly journals Pelanggaran Berat HAM dalam RUU KUHP: Tinjauan dari Hukum Internasional (Gross Violations of Human Rights in the Criminal Code Bill: an Overview from International Law)

2020 ◽  
Vol 11 (2) ◽  
pp. 125-144
Author(s):  
Bernhard Ruben Fritz Sumigar
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
Criminal Code ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
Legal Challenges ◽  
International Obligations

The spirit of the drafter of the Criminal Code Bill (CCB) to fully codify all criminal provisions, including those relating to the gross violations of human rights, into a single legally binding instrument is marked with the inconsistency of its formula with the standard provided in numerous instruments under international law. In light of this situation, this article is presence to discuss legal challenges arising from the stipulation of gross violations of human rights under CCB. By using qualitative and descriptive normative methods, this article finds three fundamental problems between the provisions of CCB and the international legal framework. The problems in question are related to (i) the inaccuracy of the use of the term “Serious Crimes against Human Rights” in CCB, as well as misregulation of (ii) crimes of genocide and (iii) crimes against humanity in CCB with international law. On this basis, this article concludes that the provisions of gross human rights violations in CCB are contrary to the provisions of international law which are binding and applicable to Indonesia, and therefore, this article is prepared to provide recommendations for policymakers to reconsider the formulation of the provisions of gross human rights violations in CCB in order to be compatible with Indonesia’s international obligations to comply with the provisions of international law. AbstrakSemangat perumus Rancangan Undang-Undang KUHP (RUU KUHP) untuk melakukan kodifikasi total semua ketentuan pidana, termasuk yang berkaitan dengan pelanggaran berat HAM, ditandai dengan ketidak-konsistenan antara rumusan yang diatur dengan standar dalam sejumlah instrumen hukum internasional. Berdasarkan hal tersebut, artikel ini disusun untuk mendiskusikan tantangan hukum yang akan timbul dari pengaturan tentang pelanggaran berat HAM dalam RUU KUHP. Dengan menggunakan metode kualitatif dan deskriptif normatif, artikel ini menemukan 3 (tiga) permasalahan antara ketentuan RUU KUHP dan kerangka hukum internasional, yaitu (i) istilah “Tindak Pidana Berat terhadap HAM” yang tidak tepat (ii) kejahatan genosida, dan (iii) kejahatan terhadap kemanusiaan. Berdasarkan 6pembahasan, artikel ini menyimpulkan bahwa ketentuan pelanggaran berat HAM dalam RUU KUHP bertentangan dengan ketentuan hukum internasional yang mengikat dan berlaku bagi Indonesia. Oleh karena itu, artikel ini memberikan rekomendasi bagi pembuat kebijakan untuk merumuskan kembali ketentuan pelanggaran berat HAM dalam RUU KUHP agar sepadan dengan ketentuan hukum internasional.

Judging from a Guilty Conscience: The Chilean Judiciary's Human Rights Turn

2010 ◽  
Vol 35 (01) ◽  
pp. 99-135 ◽  
Author(s):  
Alexandra Huneeus
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Transitional Justice ◽  
Judicial Politics ◽  
Military Regime ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
International Human Rights ◽  
International Human ◽  
The Military

Since the detention of General Pinochet in London in 1998 on charges of crimes against humanity, Chile's judges have sentenced more former officials of the military regime for human rights violations than judges of any other country in Latin America. This article argues that the prosecutorial turn reflects the judiciary's attempt to atone for its complicity with the dictatorship. The London arrest created pressure for prosecution of Pinochet‐era human rights violations; but it is the contest over the judiciary's legacy, as an important piece of postauthoritarian memory struggles, that explains why Chile's notoriously illiberal judiciary ceded to that pressure. By reconceptualizing judicial culture as contested, heterogeneous, and dynamic, this article opens the door to richer understandings of judicial politics, transitional justice, and the reception of international human rights.

scholarly journals Time, DNA and documents in family reckonings

2015 ◽  
Vol 12 (1) ◽  
pp. 75-108
Author(s):  
Claudia Fonseca
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Political Movement ◽  
Dna Test ◽  
The Core ◽  
Brazilian Government ◽  
Political Events ◽  
The Family ◽  
Family Connections ◽  
Institutionalized Patients

In this paper, drawing on literature from both STS and the anthropology of kinship, we describe a political movement aimed at legal reparation for human rights violations perpetrated by the Brazilian government against children of the compulsorily institutionalized patients of Hansen's disease. We conduct our investigation by exploring the action of intertwining technologies -- narrated recollections, written documents, and the DNA test -- employed by major actors to "reckon" the family connections at the core of this drama. The notion of technologies helps underline not only the materiality of certain processes, but also the complex temporalities at play. Responding to a challenge proposed by Janet Carsten, our ultimate aim is to show how political events as well as collective institutionalized structures - operating through the mediation of these diverse technologies - produce a particular kind of sociality, interwoven with perceptions of family and community.

scholarly journals Violation of The Universal Declaration of Human Rights 1948 for Crimes Against Humanity in Myanmar and China

Jurnal Selat ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 200-217
Author(s):  
Fithriatus Shalihah ◽  
Muhammad Raka Fiqri ◽  
Mohd. Arief
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Secondary Data ◽  
Universal Declaration ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
Decent Life ◽  
The United Nations ◽  
The Government ◽  
The Right

Since the birth of the Universal Declaration of Human Rights in 1948, it has been a marker and guide in which it is hoped that in the future, there will be no more violations of human rights around the world, every human being has the right to a decent life and a peaceful life, free to embrace religion and life without discrimination, But this is not the case in Myanmar and China. So far, various facts have shown human rights violations committed by the Government of Myanmar and China, acts of discrimination, restrictions on freedom of religious rituals, and acts of severe crimes against humanity such as Genocide. Countries that should be the subject of international law that protects the human rights of their citizens are perpetrators of human rights crimes against them, international organizations such as the United Nations cannot do much in dealing with human rights violations and crimes against humanity that occur, this paper will discuss how the judicial review of UDHR violations against crimes against humanity that occurred in Myanmar and China and how the United Nations should play a role. The research method used is normative legal research using secondary data, primary legal materials, namely the 1948 UDHR and international legal instruments, and secondary legal materials of a literary nature such as books, journals, articles, and newspapers from internet sites that the author considers relevant related to the object written discussion.

Die strafrechtliche Verantwortung von Geschäftsführern für Menschenrechtsverletzungen nach dem Römischen Statut

2021 ◽  
Author(s):  
Frank F. Torres Mendoza
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Rome Statute ◽  
Criminal Liability ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
Judicial Decisions ◽  
Transnational Companies ◽  
Participation Theory

Transnational corporations are accused of involvement in the most serious human rights violations such as crimes against humanity and war crimes. The focus of thise investigation is to answer the question, whether directors of transnational companies can be held criminally responsible for the most serious human rights violations under the Rome Statute. The work focuses on the forms of perpetration, in particular on indirect perpetration by virtue of control over an organisation and complicity as well on the responsibility of civil superiors. In order to justify criminal liability, German criminal law dogmatics are first referred to, especially in the area of participation theory, because it has great importance for the Rome Statute. The author also evaluates the judicial decisions of the ICC and literature and then examines whether these legal figures apply to cases of human rights violations through business activities.

Namibia and Blanket Amnesties: Challenging the Namibian Blanket Amnesties on the basis of International Law in the Namibian Courts

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Atilla Kisla
Keyword(s):  
Human Rights ◽  
International Law ◽  
Truth And Reconciliation Commission ◽  
International Standards ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
Political Rights ◽  
Truth And Reconciliation ◽  
International Crimes ◽  
Before And After

Amnesty laws issued by Administrator General Pienaar in 1989 and 1990 still show their effect by preventing prosecutions and investigations of situations that occurred before Namibia’s independence. Unlike South Africa, Namibia did not establish a truth-finding body such as the Truth and Reconciliation Commission. The result is a situation of silence, oblivion and impunity without any kind of accountability. On this basis, crimes such as international crimes or serious human rights violations have never been prosecuted or even investigated. As this article argues, the amnesty laws from 1989 and 1990 qualify as blanket amnesties. Up until today, Namibians as well as the members of the South African Defence Force benefit from those amnesties. Against this backdrop, the question of whether the Namibian blanket amnesties apply in relation to international crimes and grave human rights violations will be addressed. This article argues that based on international law, the application of the Namibian blanket amnesties can be challenged in a potential criminal case that deals with international crimes or grave human rights violations in the Namibian courts. Therefore, this article illustrates how international law applies in the Namibian legal system. In this context, Namibia follows a monist approach which makes it quite receptive of international law and international standards. On this basis, this article points out binding international law at the time before and after Namibia’s independence as well as examining Namibia’s binding treaty obligations which arise under the Geneva Conventions, Torture Convention and the International Covenant on Civil and Political Rights. In the next section, an examination of domestic and international jurisprudence lays the foundation for the argument that the Namibian blanket amnesties can be challenged in a Namibian court when the crimes in question constitute international crimes, such as crimes against humanity or war crimes.

The Rohingya Refugee Crisis and Human Rights: What Should ASEAN Do?

2018 ◽  
Vol 19 (1) ◽  
pp. 1-26
Author(s):  
Zezen Zaenal Mutaqin
Keyword(s):  
Human Rights ◽  
International Community ◽  
State Sovereignty ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
Refugee Crisis ◽  
International Crimes ◽  
State Security ◽  
Refugee Issues

This article will argue that there are three related issues of concern regarding the Rohingya crisis: (1) a singular focus on persecution and nationality in Myanmar; (2) statelessness and displacement in the region; and (3) grave human rights violations amounting to international crimes including genocide and crimes against humanity. This article will discuss active steps that ASEAN should take. To ensure that Myanmar will willingly accept the responsibility to address the source of the problem, the international community, particularly ASEAN, has to stand firm against Myanmar’s gross violation of human rights. At the same time, ASEAN must deal with the refugee crisis by formulating a workable regional framework. This article will deal with the underlying conflict paradigm in all refugee issues: how to reconcile state sovereignty vis-á-vis responsibility and how to ensure protection of both human rights and state security.

scholarly journals The Close Relationship Between Serious Human Rights Violations and Crimes Against Humanity: International Criminalization of Serious Abuses

2017 ◽  
Vol 1 (17) ◽  
pp. 145 ◽  
Author(s):  
Juan Pablo Pérez-León Acevedo
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
Criminal Courts ◽  
Legal Concept ◽  
Human Rights Abuses ◽  
Close Relationship ◽  
The Relationship

This article aims to evidence both the existence of a close relationship between the notions of serious human rights violations and crimes against humanity, and how this works in international law. To do so, international legal sources such as the United Nations practice, case-law of international and hybrid criminal courts and tribunals, and case-law of the Inter-American Court of Human Rights and other human rights bodies are taken into account. Thus, this article analyses how these and other international sources have examined the above-mentioned relationship, i.e., inter alia the similarities and differences between serious human rights abuses and the legal objective and subjective elements of crimes against humanity. Accordingly, it is found that, although some differences exist, the notion of serious human rights violations underlies the legal concept of crimes against humanity. In turn, this is linked to the relationship between those two categories of international law.

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