Repräsentationen von Massengewalt

2017 ◽  
Author(s):  
Joachim C. Savelsberg
Keyword(s):  
Field Theory ◽  
Comparative Analysis ◽  
Criminal Law ◽  
International Criminal ◽  
Humanitarian Aid ◽  
International Criminal Law ◽  
Mass Violence ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Foreign Ministries

With the expansion of international criminal law, the causation and exercise of mass violence is increasingly criminalized. However, the fields of humanitarian aid and diplomacy generate representations completely different from what criminal law suggests. A comparative analysis of eight countries reveals variable susceptibilities for these competing narratives. The empirical evidence is based on a content analysis of more than 3,000 newspaper articles on violence in Darfur and on interviews with African correspondents and specialists in non-governmental organizations and foreign ministries of the eight countries. The analysis suggests differentiations in argumentation concerning field theory as well as theories of globalization.

scholarly journals The Quiet Expansion of Universal Jurisdiction

2019 ◽  
Vol 30 (3) ◽  
pp. 779-817 ◽  
Author(s):  
Máximo Langer ◽  
Mackenzie Eason
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
Universal Jurisdiction ◽  
International Criminal Law ◽  
International Crimes ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Institutional Learning ◽  
Geographical Scope

Abstract Based on an original worldwide survey of all universal jurisdiction complaints over core international crimes presented between 1961 and 2017 and against widespread perception by international criminal law experts that universal jurisdiction is in decline, this article shows that universal jurisdiction practice has been quietly expanding as there has been a significant growth in the number of universal jurisdiction trials, in the frequency with which these trials take place year by year and in the geographical scope of universal jurisdiction litigation. This expansion is likely the result of, among other factors, the adoption of International Criminal Court implementing statutes, the creation of specialized international crimes units by states, institutional learning by states and non-governmental organizations (NGOs), technological changes, new migration and refugee waves to universal jurisdiction states, criticisms of international criminal law as neo-colonial and the search of new venues by human rights NGOs. The expansion of universal jurisdiction has been quiet because most tried defendants have been low-level, universal jurisdiction states have not made an effort to publicize these trials and observers have wrongly assumed that Belgium and Spain were representative of universal jurisdiction trends. The article finally assesses positive and negative aspects of the quiet expansion of universal jurisdiction for its defenders and critics.

INTERNATIONAL CRIMINAL LAW AND AR (AZERBAIJAN REPUBLIC) LEGISLATION GENOCIDE CRIME AND ITS COMPARATIVE ANALYSIS WITH OTHER INTERNATIONAL CRIMES

2020 ◽  
Vol 53 (04) ◽  
pp. 48-52
Author(s):  
Erkin Humbat Musayev Humbat Musayev ◽  
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Key Words ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
Transnational Crime ◽  
International Criminal Law ◽  
International Crimes

Key words: international law, international criminal law, genocide, war crimes, transnational crime

How Propaganda Works: Nationalism, Revenge and Empathy in Serbia

2020 ◽  
Vol 20 (5) ◽  
pp. 403-431
Author(s):  
Jordan Kiper ◽  
Yeongjin Gwon ◽  
Richard Ashby Wilson
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Expert Witness ◽  
Causal Link ◽  
Bayesian Regression ◽  
International Criminal Law ◽  
Mass Violence ◽  
Brain Sciences ◽  
War Propaganda ◽  
Legal Judgments

Abstract What is the relationship between war propaganda and nationalism, and what are the effects of each on support for, or participation in, violent acts? This is an important question for international criminal law and ongoing speech crime trials, where prosecutors and judges continue to assert that there is a clear causal link between war propaganda, nationalism, and mass violence. Although most legal judgments hinge on the criminal intent of propagandists, the question of whether and to what extent propaganda and nationalism interact to cause support for violence or participation remains unanswered. Our goal here is to contribute to research on propaganda and nationalism by bridging international criminal law and the behavioral and brain sciences. We develop an experiment conducted with Serbian participants that examines the effects of propaganda as identified in the latest international speech crime trial as causing mass violence, and thereby test hypotheses of expert witness Anthony Oberschall’s theory of mass manipulation. Using principal components analysis and Bayesian regression, we examine the effects of propaganda exposure and prior levels of nationalism as well as other demographics on support for violence, ingroup empathy, and outgroup empathy. Results show that while exposure to war propaganda does not increase justifications of violence, specific types of war propaganda increase ingroup empathy and decrease outgroup empathy. Further, although nationalism by itself is not significant for justifying violence, the interaction of increased nationalism and exposure to violent media is significant for altering group empathies. The implications of these findings are discussed with respect to international criminal law and the cognitive science of nationalism.

Refusal to Save Lives: A Perspective from International Criminal Law

2013 ◽  
Vol 13 (3) ◽  
pp. 627-663
Author(s):  
Josh Scheinert
Keyword(s):  
South Africa ◽  
Criminal Law ◽  
International Criminal ◽  
Humanitarian Aid ◽  
International Criminal Law ◽  
Current Understanding ◽  
Life Saving ◽  
The Law ◽  
Cyclone Nargis ◽  
Hiv Aids

This article examines whether or not the refusal to accept life-saving humanitarian aid can qualify as a crime against humanity in international criminal law. By looking at the refusal to accept a certain HIV/AIDS drug in South Africa, and humanitarian aid in the wake of Cyclone Nargis in Burma, this article seeks to test the limits of the current understanding and conception of what a crime against humanity is. After a thorough review of the jurisprudence the article turns to apply the law to what transpired in South Africa and to Burma, and concludes that those situations do comport with the crime against humanity of ‘other inhumane acts’.

s.VIII Boundaries, Ch.30 International Criminal Law and the Subordination of Emancipation: The Question of Legal Hierarchy in Transitional Justice

2020 ◽  
Author(s):  
Fletcher Laurel E
Keyword(s):  
Social Justice ◽  
Criminal Law ◽  
Transitional Justice ◽  
International Criminal ◽  
Point Of View ◽  
International Criminal Law ◽  
Mass Violence ◽  
The Rule Of Law ◽  
Social Project ◽  
High Degree

This chapter is a critique of international criminal law (ICL) from the point of view of transitional justice, interrogating the former’s increasingly hegemonic role in relation to the latter. International criminal ‘legalism’, as this chapter argues, diverts attention from broader, emancipatory, social justice aims to address rights of victims or the structural, systemic dimensions that fuelled mass violence. It points out that the goals of transitional justice have always been framed more broadly, whereas ICL’s own goals are, at least nominally, much narrower (punishing individuals) and somewhat detached from their social finality. Yet for all its limitations, ICL does continue to command a high degree of authority, even within the field of transitional justice itself. This is in no small part because transitional justice is grounded in a rights-based approach that is itself committed to accountability. The chapter then tests this argument by looking at the Darfur crisis. It ends with a note of skepticism about the power of legalism, beyond its undeniable contribution to upholding the rule of law, to formulate an emancipatory social project.

Tracking Hate Speech Acts as Incitement to Genocide in International Criminal Law

2017 ◽  
Vol 30 (2) ◽  
pp. 523-548 ◽  
Author(s):  
SHANNON FYFE
Keyword(s):  
International Law ◽  
Ethnic Group ◽  
Criminal Law ◽  
Speech Acts ◽  
International Criminal ◽  
Hate Speech ◽  
Criminal Liability ◽  
International Criminal Law ◽  
Mass Violence ◽  
Public Speech

AbstractIn this article, I argue that we need a better understanding of the theoretical underpinnings of the current debates in international law surrounding hate speech and inchoate crimes. I construct a theoretical basis for speech acts as incitement to genocide, distinguishing these speech acts from speech as genocide and speech denying genocide by integrating international law with concepts drawn from speech act theory and moral philosophy. I use the case drawn on by many commentators in this area of international criminal law, the trial of media executives for the roles they played in the Rwandan genocide through public speech acts by media entities insulting an ethnic group or advocating violence against an ethnic group. Each of these men were institutional leaders and were charged with using their positions within Rwandan society to distribute what I call genocidal hate speech, genocidal incitement speech, and genocidal participation speech. I argue for a distinction between these three types of speech, and a difference in individual criminal liability for the dissemination of each type of speech. I also argue that there should be a difference in individual criminal liability for speech acts within the context of an ongoing or recent genocide, and speech acts that can be separated from a site of mass violence.

scholarly journals Technique of war crimes regulation in the 1960 Criminal Code of the RSFSR

2021 ◽  
Vol 15 (4) ◽  
pp. 574-581
Author(s):  
Yulia O. Goncharova
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Liability ◽  
War Crimes ◽  
Criminal Code ◽  
International Criminal Law ◽  
Soviet Period ◽  
The Russian Federation ◽  
Criminal Legislation

The article analyses the technique of regulating war crimes in the Criminal Code of the RSFSR of 1960. The author notes the need for a retrospective analysis of the legislative technique of war crimes in order to consider this type of crime most holistically. Despite the existence of discussions in the theory of criminal law about the concept of legislative technique and the elements included in it, the author interprets legislative technique as a set of means and techniques used to give the content of legislative norms an appropriate form. This article also notes the need to distinguish the category of «war crimes» in the criminal legislation of the Russian Federation, as this term is widespread in international criminal law. The author attributes the following provisions of the Criminal Code to war crimes: Article 356 («Application of prohibited means and methods of warfare»), Article 357 («Genocide») and Article 359 («Menary»). The author conducts a comparative analysis of the legislative technique of the norms on criminal liability for war crimes of the current criminal legislation and criminal legislation of the Soviet period. From the analysis, some features of the technique of regulating war crimes of the Soviet period are revealed, namely: a) most of the elements of war crimes were designed using the casual reception of legislative equipment; b) the Soviet legislator used a direct way of presenting the norms without applying references; c) the note was used to build some formulations of war crimes, but did not This paper also examines a number of imperfections in the technique of regulating war crimes in the 1960 Criminal Code.

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