scholarly journals PERBUDAKAN SEKSUAL (SEXUAL SLAVERY) SEBAGAI KEJAHATAN KEMANUSIAAN DAN PERANG DI BAWAH HUKUM INTERNASIONAL

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Arif Rohman
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Rome Statute ◽  
War Crimes ◽  
Internal Conflict ◽  
Crimes Against Humanity ◽  
Sexual Slavery ◽  
Geneva Conventions ◽  
Set Up ◽  
International Instruments

Abstrac Almost every case of armed conflict both internal conflict and inter-state conflicts, violations that fall into the category of crimes against humanity. One such crime is sexual slavery. Nevertheless, the true multiple instrument products have set about sexual slavery, but in fact violations still occur, so how to regulate the instrument set up and how the application of the instrument. The approach used in this study a statutory approach and approach the case, it is intended to determine the international instruments which regulate and application of the crime of sexual slavery. Sexual slavery has been set up in several instruments and is a violation of the Fourth Geneva Conventions of 1949, Additional Protocol II of 1977, the Universal Declaration of Human Rights, the Rome Statute, anti-torture convention so that it can be regarded as war crimes. Sexual slavery is expressed as slavery not as rape. Evidently some tribunal (ICTY, ICTR, Tokyo Tribunal, and ICC) which has been in effect and entrap the perpetrators of sexual slavery was found guilty.Key words: Sexual slavery, Crime Humanity, War Crimes and International Law

scholarly journals The Crisis of International Criminal Law in Africa: A Regional Regime in Response?

2019 ◽  
Vol 66 (2) ◽  
pp. 287-311
Author(s):  
Eki Yemisi Omorogbe
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Crimes

Abstract This article considers the African Union’s (AU) proposal for a regional court for international crimes under the Malabo Protocol 2014 (Protocol). It places that within the AU’s rejection of the International Criminal Court’s (ICC) arrest warrants for African Heads of States that are not party to the Rome Statute and a more general protection of incumbents. It argues that the enthusiasm for establishing a regional criminal court, which lacks jurisdiction to prosecute incumbents, has not been sustained and African states remain committed to the ICC. It shows that nevertheless the Protocol’s provisions on genocide, crimes against humanity and war crimes, although imperfect, better address the specific character of armed conflicts in Africa than current international law, including the Rome Statute of the ICC. It concludes that the regional court for international crimes is unlikely to be established unless the ICC takes further action against incumbent leaders but that the Protocol’s provisions could be used in the development of a more Africa-centric international law.

scholarly journals TERMINOLOGI KEJAHATAN DALAM HUKUM PIDANA INTERNASIONAL

2018 ◽  
Vol 3 (1) ◽  
pp. 1-12
Author(s):  
Dewi Bunga ◽  
Dewi Bunga
Keyword(s):  
International Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
International Peace ◽  
International Crimes ◽  
The People ◽  
International Conventions

The globalization of crime incised a social reality where crimes can be committed across national borders and have an impact not only on the people of a country, but on the international community. Theoretically, there are several terms that are known to describe acts which are called crimes under international law, namely international crimes, transnational crimes, and national crimes with international dimensions. International crimes are crimes that threaten both directly and indirectly to international peace and security, affect many countries and have universal jurisdiction. The qualification of international crimes refers to crimes regulated in the Rome Statute of the International Criminal Court (Rome Statute circulated as document A / CONF.183 / 9 of 17 July 1998), namely crimes of genocide; crimes against humanity; war crimes; and crime of aggression. Transnational crimes are transnational crimes regulated in international conventions.

Case Analysis: Crimes Against Humanity After Tadić

2000 ◽  
Vol 13 (2) ◽  
pp. 373-393 ◽  
Author(s):  
Yoram Dinstein
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Rome Statute ◽  
Case Analysis ◽  
Crimes Against Humanity ◽  
Customary International Law ◽  
The Core ◽  
Legal Texts

Crimes against humanity were first defined, for the purposes of the Nuremberg Trial, in 1945. Since then, numerous international legal texts have incorporated the concept, the latest being the Rome Statute of the ICC, 1998. The different texts offer diverse definitions of crimes against humanity, which are traced in the article. Although the precise outlines of the crimes change from one definition to another, it is clear that the core has crystallized as an integral part of customary international law. In the Tadić case, the ICTY had to address several crucial issues relating to crimes against humanity. The judgments on appeal will serve as precedents for the removal of the linkage between crimes against humanity and armed conflict, the exclusion of isolated attacks against civilians and the irrelevance of the personal motives of the defendant.

scholarly journals CYBER-ATTACKS AS AGGRESSION CRIMES IN CYBERSPACE IN THE CONTEXT OF INTERNATIONAL CRIMINAL LAW

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Gianpiero Greco
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Cyber Attacks ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Peace ◽  
International Legal Order

The recent situation in the world shows that cyber-attacks could be one of the most dangerous threats to international peace and security. Offensive operations in cyberspace present unique challenges to the international legal order, which are faced by the international community. While it is consensual that international law applies to cyberspace, the debate about the qualification of cyber-attacks as fundamental crimes under International Criminal Law is still ongoing and has not produced definitive answers. Addressing the implications of transnational cyber threats from the perspective of International Criminal Law will perhaps require a further amendment of the Rome Statute. After briefly illustrating how cyber-attacks are commonly linked in the debate to war crimes, genocide and crimes against humanity, a more detailed analysis will be devoted to the admissibility of cyber-attacks as crimes of aggression, this being the crime most recently defined and, perhaps, the most controversial. <p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/edu_01/0711/a.php" alt="Hit counter" /></p>

scholarly journals REGULASI PENDAFTARAN MEREK INTERNASIONAL DALAM UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS

2018 ◽  
Vol 3 (1) ◽  
pp. 68-77
Author(s):  
Cokorda Istri Dian Laksmi Dewi
Keyword(s):  
International Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
International Peace ◽  
International Crimes ◽  
The People ◽  
International Conventions

The globalization of crime incised a social reality where crimes can be committed across national borders and have an impact not only on the people of a country, but on the international community. Theoretically, there are several terms that are known to describe acts which are called crimes under international law, namely international crimes, transnational crimes, and national crimes with international dimensions. International crimes are crimes that threaten both directly and indirectly to international peace and security, affect many countries and have universal jurisdiction. The qualification of international crimes refers to crimes regulated in the Rome Statute of the International Criminal Court (Rome Statute circulated as document A / CONF.183 / 9 of 17 July 1998), namely crimes of genocide; crimes against humanity; war crimes; and crime of aggression. Transnational crimes are transnational crimes regulated in international conventions.  

War Crimes and Other International ‘Core’ Crimes

2014 ◽  
Author(s):  
Paola Gaeta
Keyword(s):  
International Law ◽  
International Criminal ◽  
National Level ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
United Nations Security Council ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Set Up ◽  
The Cold War

Under the orthodox approach, war crimes were considered crimes under international law only as a means to enforce international rules of warfare at the national level. This basic principle of international law was challenged and eventually discarded following the trials of war criminals before the Nuremberg Tribunal and the Tokyo Tribunal. However, the revolutionary precedent established by the Nuremberg and Tokyo trials did not develop into a fully-fledged body of international criminal rules, known as ‘international criminal law’, until the end of the Cold War, when the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda were set up by the United Nations Security Council. This chapter focuses on the criminalization of war crimes under international law and compares it with the parallel criminalization of crimes against humanity and genocide.

7 Crimes Against Humanity and Other International Crimes

2020 ◽  
Author(s):  
Mettraux Guénaël
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Civilian Population ◽  
Community Or ◽  
International Crimes ◽  
Form Part ◽  
Core Features

This concluding chapter provides an overview of crimes against humanity. Crimes against humanity are characterized by several core features. First, they are crimes of scale insofar as they must involve and form part of a widespread or systematic attack against a civilian population. Second, similar to genocide but unlike war crimes, crimes against humanity may be committed in times of peace or in times of war. Third, the possibility of being a victim to a crime against humanity does not depend on the victim's nationality or on the victim's membership in any particular community or faction in an armed conflict. Fourth, crimes against humanity are intrinsically serious criminal offences and reflect some of the most important human interests protected by international law. Lastly, crimes against humanity are not subject to any statutory limitations as a matter of international law. The chapter then looks at the differences between crimes against humanity and other international crimes. These include war crimes, genocide, aggression, and terrorism.

Eco-Struggles

2017 ◽  
Author(s):  
Matthew Gillett
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Environmental Harm ◽  
Jus Post Bellum

This chapter examines the provisions of international criminal law applicable to serious environmental harm, particularly during non-international armed conflicts ('NIAC'). After describing incidents of serious environmental harm arising in armed conflicts, the analysis surveys the provisions of international criminal law applicable to environmental harm during NIACs, including war crimes, crimes against humanity, genocide, and aggression. It then examines the basis for extending to NIACs the protection against military attacks causing excessive environmental harm (set out in Art. 8(2)(b)(iv) of the Rome Statute), which is currently only applicable in IACs. The examination of this possible amendment of the Rome Statute covers a broad range of instruments and laws forming part of international and national legal codes, all addressing grave environmental harm. Finally, the analysis turns to accountability for environmental harm as a facet of jus post bellum, emphasizing the interconnected nature of environmental harm and cycles of violence and atrocities.

Human Rights in War: On the Entangled Foundations of the 1949 Geneva Conventions

2018 ◽  
Vol 112 (4) ◽  
pp. 553-582 ◽  
Author(s):  
Boyd van Dijk
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
History Of ◽  
History Of International Law ◽  
The 1960S ◽  
The Relationship ◽  
Cross Fertilization

AbstractThe relationship between human rights and humanitarian law is one of the most contentious topics in the history of international law. Most scholars studying their foundations argue that these two fields of law developed separately until the 1960s. This article, by contrast, reveals a much earlier cross-fertilization between these disciplines. It shows how “human rights thinking” played a critical generative role in transforming humanitarian law, thereby creating important legacies for today's understandings of international law in armed conflict.

scholarly journals SYRIA – “THE WAR WITH MULTIPLE PROXIES”. VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS

2021 ◽  
Vol 17 (1) ◽  
pp. 167-178
Author(s):  
Daniela Vetina Ene
Keyword(s):  
Human Rights ◽  
Civil War ◽  
International Conflict ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Amnesty International ◽  
Geneva Conventions ◽  
The Arab Spring

The civil war in Syria, triggered by the pro-democracy demonstrations of the "Arab Spring", was a complicated combination of religious, cultural and ethnic-identity contradictions. The non-international conflict was turned into a "battlefield" for foreign powers, which led to the transformation of a civil war into a "war with multiple proxies". The United Nations' efforts to mediate the conflict, based on a six-point plan, remained in the draft phase. Amnesty International and Human Rights Watch have denounced flagrant violations of human rights and international humanitarian law by the al-Assad regime, which has widely used non-discriminatory weapons banned in violation of the Geneva Conventions, 1949. The Bashār al-Assad regime is accused by the international community of being guilty of war crimes and crimes against humanity, but attempts to incriminate it have failed.

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