scholarly journals International Aspects of the Protection of Victims' Rights in the Conditions of Armed Conflict in Ukraine

2021 ◽  
Vol 39 (71) ◽  
pp. 433-457
Author(s):  
Olha Sosnina ◽  
Oleksandr Mykytiv ◽  
Halyna Mykytiv ◽  
Tetiana Kolenichenko ◽  
Andrii Holovach
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
Armed Conflicts ◽  
Crimes Against Humanity ◽  
Military Force ◽  
Human Settlements ◽  
Comparative Methodology ◽  
Almost All ◽  
International Aspects

Using a comparative methodology based on documentary, the objective of the research was to analyze the international aspects involved in the defense of the rights of the victims of the armed conflict in eastern Ukraine. The priority of using military force to resolve questionable issues, national contradictions of an ethical, religious, political, territorial, economic, etc. nature that are in dispute, remains one of the essential characteristics of today's realities. Everything allows us to conclude that in almost all regions where there are armed conflicts, laws are violated and prohibited means and methods of warfare are used, related to the violation of the principles of distinction, of proportionality admitted in the process of artillery rocket attacks and air attacks of rockets and bombs, recruitment, training, financing and/or use of mercenaries in military activities, destruction of human settlements, executions in the form of intentional killings for reasons of hatred or political, ideological, racial, national, religious enmity, torture, among other inhumane behaviors and appalling atrocities, which by their nature and degree of brutality cannot go unpunished and constitute war crimes and crimes against humanity.

scholarly journals Amnesty for combatants involved in armed condlicts: between peace and justice

2020 ◽  
pp. 418-421
Author(s):  
Diana Ivzhenko
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Criminal Liability ◽  
War Crimes ◽  
Armed Conflicts ◽  
Crimes Against Humanity ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Post Conflict ◽  
Peace And Justice

The article deals with amnesty for combatants, who committed crimes in international armed conflicts or armed conflicts of non-international character in foreign countries, there are also explored conclusions and recommendations of international government and non-government organisations on exemption combatants from criminal liability. It’s obviously, that amnesty does not apply to the perpetrators of such crimes as genocide, crimes against humanity, war crimes, torture, enforced disappearances, and some others. Considering the extended armed conflict in the east of Ukraine, it’s extremely necessary to examine the institution of amnesty within the context of diplomatic and peaceful measures of ending the conflict. As far as Ukraine is concerned, amnesty in Ukraine is a step towards general reconciliation of the society given serious work and understanding within the society is completed. Moreover, in article discussed the question on specificities of amnesty's implementation in context of armed conflict on temporary occupied territories of Donetsk and Luhansk regions. Special attention is focused on binding terms of amnesty for combatants. As a conclusion, author of this article states on some necessary conditions for implementing the amnesty for combatants in post-conflict society. These conditions are: Disarmament, demobilisation, reintegration. This is one of the most controversy and difficult steps. Combatants only then are going to be disarmed when they feel their safety under international and national law. There is a list of human rights violations that may not be pardoned by the amnesty: genocide, crimes against humanity and war crimes. The nation and victims of the armed conflict have to know the truth about all violations of human rights according to international humanitarian law and international human rights law. It’s important to understand, that amnesty is one of the institutions in oust-conflict society, that aimed for the end of the conflict, stabilisation of the politica; situation in the country, disarming and reintegration.

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.

scholarly journals Przedterminowe zwolnienie z kary pozbawienia wolności skazanych za ludobójstwo, zbrodnie przeciwko ludzkości i wojenne na mocy orzeczeń międzynarodowych trybunałów karnych „ad hoc” oraz ich sukcesora w postaci Mechanizmu Rezydualnego ONZ

2021 ◽  
Vol 43 (3) ◽  
pp. 209-226
Author(s):  
Małgorzata Szwejkowska
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Armed Conflicts ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Early Release ◽  
International Crimes ◽  
Domestic Law

In the last decade of the 20th century, a war in the former Yugoslavia broke out, once again making Europe a witness to an armed conflict. Almost at the same time, another local ethnic bloodshed started, but this time in distant Africa — in Rwanda. Both these events included the most horrifying international crimes against humanity: genocide and war crimes. To prosecute the most important commanding figures involved in these conflicts and hold them criminally responsible, two ad hoc United Nations tribunals were created: International Criminal Tribunal for the former Yugoslavia in Hague and International Criminal Tribunal for Rwanda in Arusha. They finished their operation in 2017 and 2015, respectively. The tasks of conducting and completing all ongoing proceedings, including law enforcement, after the completion of their mandates have been entrusted to the UN International Residual Mechanism. One of the crucial assignments of the tribunals and later the Redisual Mechanism was to deal with the request on behalf of the convicted for granting them early release. Although none of the statutes of the aforementioned courts provided any ground for early release, soon it was accepted that both tribunals, as well as their successor, were entitled to proceed despite this issue. As soon as in 2001, the first convict was granted early release, but with no conditions. It is estimated that, to date, more than 2/3 of all convicted by the Tribunals have been released before the termination of their sentence. This should raise the question of how to rehabilitate that kind of offender, convicted of genocide, war crimes, or crimes against humanity, to ensure they do not pose a threat to society anymore. Especially since the offenders serve their punishment outside the country of their origin — meaning, different rules apply according to the domestic law regulation of the state that voluntarily agreed to enforce the sentence. This article analyzes the juridical approach of the tribunals and the Residual Mechanism on the issue of early release of the convicts involved in the armed conflicts in the former Yugoslavia and Rwanda.

Amnesties and international humanitarian law: Purpose and scope

2018 ◽  
Vol 101 (910) ◽  
pp. 357-363
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
Armed Conflicts ◽  
Universal Jurisdiction ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Additional Protocol ◽  
Geneva Conventions

States party to the 1949 Geneva Conventions and Additional Protocol I of 1977 have an obligation to take measures necessary to suppress all acts contrary to their provisions. Moreover, States must investigate war crimes allegedly committed by their nationals or on their territory, and other war crimes over which they have jurisdiction, such as on the basis of universal jurisdiction, and, if appropriate, prosecute the suspects. In accordance with these obligations and the limits they impose, States may adopt certain measures during and in the aftermath of armed conflicts to promote reconciliation and peace, one of which is amnesties. International humanitarian law (IHL) contains rules pertaining to the granting and scope of amnesties. Specifically, Article 6(5) of Protocol II additional to the Geneva Conventions relating to non-international armed conflicts (NIACs) provides that, at the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict. Importantly, under customary IHL (as identified in Rule 159 of the ICRC customary IHL study), this excludes persons suspected of, accused of, or sentenced for war crimes in NIACs.

Part VI Impact, ‘Legacy’, and Lessons Learned, 47 The Deterrent Effect of the ICC on the Commission of International Crimes by Government Leaders

2015 ◽  
Author(s):  
Grono Nick ◽  
Wheeler Anna de Courcy
Keyword(s):  
Armed Conflict ◽  
Large Degree ◽  
War Crimes ◽  
Lessons Learned ◽  
Deterrent Effect ◽  
Crimes Against Humanity ◽  
Policy Options ◽  
International Crimes ◽  
Atrocity Crimes

This Chapter examines in which circumstances, and under what conditions, the prospect of prosecution by the ICC may act to curtail the actions of government or rebel leaders by shifting the strategic calculus in favour of avoiding war crimes or crimes against humanity. It studies ICC engagement and its impact in Uganda, the DRC, Colombia, Sudan, Kenya, and Mali. It argues that success or failure of ICC deterrence rests to a large degree on its ability to pursue successful prosecutions. It concludes that potential to deter future atrocity crimes may not exist in all cases, and probably not in the midst of armed conflict, but could exist in those situations where the commission of crimes is one of a series of policy options available to a leader facing a challenge to his or her authority.

Genocide

2012 ◽  
Author(s):  
Christine Byron
Keyword(s):  
World War Ii ◽  
20Th Century ◽  
Armed Conflict ◽  
International Crime ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Genocide Convention ◽  
Legal Concept ◽  
Civilian Population

Genocide has been called the “crime of crimes” and the gravest violation of human rights it is possible to commit. It was developed as an international crime in reaction to the Nazi Holocaust and intended to provide for the prosecution of those who sought to destroy entire human groups. The word “genocide” was coined by a Polish lawyer, Raphael Lemkin, in his book Axis Rule in Occupied Europe (1944) to provide a legal concept for this unimaginable atrocity. The word is a hybrid of the Greek word genos, meaning race, nation, or tribe, and the Latin suffix cide, meaning killing. Although genocide is often spoken of in the same breath as war crimes and crimes against humanity, it is not the same thing. War crimes refer to violations of the law of armed conflict, while crimes against humanity, of which genocide is often seen as a more serious subset, require a widespread or systematic attack against a civilian population. Unlike war crimes, the crime of genocide does not have to take place during an armed conflict (although it often does), and unlike crimes against humanity, it may also be perpetrated against soldiers or prisoners of war from the targeted group (if it happens to take place during an armed conflict). Additionally, crimes against humanity do not have to be perpetrated against a specific human group, as is the case with genocide, but simply against a civilian population. While the concept of genocide was developed after World War II, it is unfortunately true that the mass killing of human groups is much older than the legal expression; indeed, the first genocide of the 20th century is widely thought to have been the German genocide of the Herero and Nama in German South West Africa (modern-day Namibia) between 1904 and 1907. The Genocide Convention of 1948 (officially the Convention on the Prevention and Punishment of the Crime of Genocide) declared that “genocide, whether committed in time of peace or in time of war, is a crime under international law which they, the contracting parties, undertake to prevent and to punish.” Nevertheless, the real development of systematic international trials and punishment for the crime of genocide waited for the end of the 20th century: the ad hoc tribunals for the former Yugoslavia and Rwanda and the inclusion of the crime of genocide in the Rome Statute of the International Criminal Court.

The International Criminal Court and Non-International Armed Conflicts

2000 ◽  
Vol 13 (2) ◽  
pp. 395-425 ◽  
Author(s):  
Heike Spieker
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Responsibility ◽  
War Crimes ◽  
Criminal Court ◽  
Armed Conflicts ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conflicts

Non-international armed conflicts are more numerous, more brutal and entail more blood-shed today than international ones. The Statute of the International Criminal Court explicitly upholds the traditional distinction between international and non-international conflicts, and armed conflicts will have to be characterized accordingly. But the tendency to adapt the international humanitarian law (IHL) regime for non-international conflicts to the rules for international ones emerges. Article 7 on Crimes Against Humanity and Article 8(2)(c) and (e) on War Crimes amount to real progress in this respect. Yet, the regulation on war crimes in particular does not provide for comprehensive criminal responsibility of individual perpetrators in non-international conflicts.

Removing or Reincarnating the Policy Requirement of Crimes against Humanity: Introductory Note

2010 ◽  
Vol 23 (4) ◽  
pp. 825-826
Author(s):  
LARISSA VAN DEN HERIK ◽  
ELIES VAN SLIEDREGT
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Introductory Note ◽  
Contextual Elements ◽  
Over Time

Of the three existing core crimes in international criminal law, crimes against humanity is the most elusive one, a chameleonic crime that can change colour over time, since it does not possess an unambiguous conceptual character. The characterizing element of genocide obviously is the specific intent to destroy. War crimes must have a nexus with an armed conflict. The identifying element of crimes against humanity is more difficult to pin down as the contextual elements have changed over time.

Domestic Adjudication of Sexual and Gender-based Violence in Armed Conflict: Considerations for Prosecutors and Judges

2011 ◽  
Vol 4 (1) ◽  
pp. 85-122
Author(s):  
Evelyn W. Kamau
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Gender Based Violence ◽  
International Crimes ◽  
Gender Based ◽  
And Gender ◽  
Perceived Challenge ◽  
Constituent Elements

AbstractThe increased domestication of international core crimes like genocide, crimes against humanity and war crimes has placed national prosecutors and judges on unfamiliar ground. Specifically, though very welcome, the recognition of acts of sexual and gender-based violence (SGBV) as constituting core international crimes poses a further challenge. The circumstances surrounding the commission of SGBV as international core crimes, coupled with their unique elements and manner of proof, makes their domestic prosecution seem that much more difficult. An understanding of how acts of SGBV constitute international core crimes, their constituent elements and the manner of proving them, coupled with how to treat victims and witnesses of SGBV, goes a long way in easing the perceived challenge of domestically prosecuting them. This article is geared towards achieving that and is directed at people who are involved in or are considering carrying out domestic prosecutions and adjudications of SGBV as international core crimes.

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

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