Special Tribunal for Lebanon and progressive development of international criminal law

The subject. The article analyses the practice of the Special Tribunal for Lebanon and its Judgement of 18 August 2020, rendered against those found guilty of a terrorist act and the impact on the progressive development of international criminal law.The purpose. This article seeks to define what goal the international community pursued in establishing the Special Tribunal for Lebanon from the perspective of international security law, international criminal justice, and counter-terrorism cooperation. The legal nature of the terrorist attack of 14 October 2005 is essential in this regard: is the crime is comparable in its gravity and consequences to the crimes of genocide or war crimes in the territory of the former Yugoslavia or Rwanda, which predetermined the subsequent establishment of ad hoc international criminal tribunals? Further, was the establishment of the Special Tribunal for Lebanon an attempt to make the crimes of terrorism an international crime in practice? Finally, was the establishment of the Tribunal an attempt to lay the groundwork for a new type of international judicial bodies with jurisdiction over crimes of terrorism? The methodology. The authors use such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods.The main results. The legal qualification and analysis of the circumstances of the terrorist attack do not enable the conclusion that the bomb explosion in Beirut was comparable in danger and consequences to any international crimes or was a threat to international peace and security. In its turn, the involvement of the Security Council in the establishment of the Tribunal does not unequivocally evidence its alleged attempt to create a purely international criminal structure.The choice of applicable law granted to Lebanon and the fact that the crime committed solely affected the interests of that State would qualify the Tribunal as an internationalized judicial body, whose work would focus on defining the crime of terrorism through a broader lens of interpreting national legislation. In other words, the impetus for development has been given not to international but national criminal law.The Tribunal was created neither to progressively develop international criminal law with regard to defining terrorism as an international crime nor to advance the international criminal justice system. Rather, it was an attempt to address Lebanon’s specific political and legal challenges.Conclusions. The outcome of the Tribunal’s work could have a rather negative impact on the development of international criminal law, discrediting the very idea of enabling “peace through justice” and uniform, consistent application and interpretation of international criminal law.

THE WAR AGAINST IMPUNITY FOR INTERNATIONAL CRIME: OPTICAL ILLUSION?

Deliberation on the imprescriptibility principle in international criminal law motivates determination towards the principle's function against impunity for international crimes. It is indeed a question of confronting this principle with judicial responsiveness, which relies on the speed of the criminal response. However, the current criminal response seems somewhat poorly considering the arising crimes. The poor execution enables criminals than the victims, which injures society. Therefore, it leads to inadmissibility. It is for this purpose that imprescriptibility arises and imposes itself comfortably. The research's conclusion attempts to demonstrate another facet of imprescriptibility. Imprescriptibility includes the impunity's ineffectiveness which passes irreversibly where ipso facto ensures impunity. This condition was perceived as a temporary and partial absence of justice that produced its socio-legal effects. Thus, the uncertainty of a judicial reaction resulting implicitly from this principle foster indolence in society. Over time, this would unsurprisingly lead to a denial of justice and eternal impunity.

Man Made Famines: an International Crime. A Critique to the Current Gaps in the International Legal Framework

There is a gap in the current legal framework that might result in the infringement of the human right to food and it is given by the lack of criminalisation of intentionally caused famines. Man-made famines should be recognised as crimes against humanity because after analysing the APs and the Rome Statute, we observe that they only mention starvation episodes, and several other behaviours and situations that would end with a famine are not considered at all. We are referring here to cases when a state has the capacity to predict a famine-related disaster and the resources to minimize its impact but it fails to mitigate the effects and to mobilize a response.Compared with starvation, famines are events that have much more severe repercussions for larger areas, larger social groups or even whole countries. Furthermore, they usually cover a much longer period of time such as seasons or even years. Moreover, the perpetrators have to be major players such as governments, organisations or groups with sufficient economic or military power.Finally, famines may be achieved through military actions, policies and other political actions influencing and altering the normal social processes connected to the production of food.

DEGENERATING DISCURSIVE ATTEMPTS IN THE BALKANS TO ALTER THE LEGAL DEFINITION AND CONTENT OF THE CONCEPT OF GENOCIDE

Raphael Lemkin, a Polish lawyer of Jewish ancestry, coined the term of genocide in 1944. The period in which Lemkin coined the term coincides with the Second World War. He started to write his most significant work, Axis Rule in Occupied Europe, in 1942. He formulated his work in Nazi Germany's and other Axis Power's occupation policy especially in Poland and the Soviet Union. Lemkin's central insight was to deduce from these occupation regulations that the Germans intended to reorganize Europe along racial lines, which would entail mass murder and the suppression of other cultures. Lemkin modified his initial proposals on genocide formulated in the Axis Rule in Occupied Europe and advocated that the newly formed United Nations should sponsor a treaty to prevent genocide and use its machinery to enforce it. On December 11, 1946, one year after the final armistice, the UN General Assembly unanimously passed a resolution which stressed that "The punishment of the crime of genocide is a matter of international concern."In the ensuing period, The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) was adopted by the General Assembly of the United Nations on 9 December 1948. According to the Genocide Convention, genocide is a crime that can take place both in times of war and in the time of peace. The concept of genocide, which Lemkin brought to the agenda and tried to make it an international crime, was fully established on a legal basis by adopting the legally binding Genocide Convention. The Genocide Convention should not be eroded, and the term genocide, which has a strict legal definition, should not be used randomly. Recently statements were made that will erode the genocide convention, especially in the Balkans. Statements by the President of Croatia, Zoran Milanovic, downplaying the Srebrenica Genocide are example. Speaking to the press in the city of Komija on the Croatian island of Vis, Milanovic, answering a question on whether he considered Srebrenica a genocide, recently said the following: "I say yes, but then for some more serious crimes, we have to invent another name. I respect other people's sacrifices, but not everything is the same. If everything is genocide, we will have to find another name for what the Nazis and the German machinery did to the Jews in the Second World War. It is the Holocaust, but it is also genocide. Not every victim is the same, it is relativization.'' Considering that certain EU countries have been recently bringing up revisionist views and suggestions regarding the Balkans, we cannot ignore the possibility that Milanovic will jump on the bandwagon of producing "brilliant" ideas. In this context, it suffices to recall the Slovenian Prime Minister's plan (as the Slovenian EU presidency) to dismember Bosnia and Herzegovina, reorganize the borders of Croatia, Serbia, Albania, and Kosovo..The statements of Milanovic in this respect are also noteworthy in that they seriously question the current legal basis and framework of the crime of genocide.These statements will inevitably have repercussions both in the Balkans and internationally. It should be noted that any misuse of the term genocide based on shallow political interests will constitute an utter disservice to the fundamental principles of maintaining international peace, security, and stability as enshrined in the UN Charter. In terms of the Balkans, as mentioned above, it is noteworthy that revisionist discourses have recently come from countries such as Slovenia and Croatia, which are both NATO and EU members. It is disappointing that these countries, instead of playing a role that strengthens security and stability in the Balkans, play a role that disrupts security and stability. Member states of these influential international and supranational organizations are naturally expected to be much more careful in ensuring and maintaining security and stability in the Balkans. If there is a danger of fire in an area, instead of throwing flammable materials into the area, it is necessary to try to prevent the fire hazard. As AVİM, we hope that rhetoric and policies to the contrary will not be accepted in both NATO and the EU.

Criminal law tools of combatting transnational corruptive criminality

One of the most serious problems in the field of combating crime is the fight against transnational corruption crime. This type of crime already (de facto and de jure) exists as international crime and has a specific subject composition, geography of commission and complex objective reasons. The core of transnational corruption crime is bribery widely used by transnational corporations for achieving their corporate purposes. Combatting such crimes by means of criminal law is carried out at various levels: international, interregional, regional, subregional, bilateral, and domestic. The purpose of this article is to characterize transnational corruption, which is one of the forms of self-determination of crime. The article provides a comprehensive classification of corruption crimes based on various criminal law and criminological criteria. The author pays special attention to the fact that all transnational corruption crimes can be divided into main and auxiliary. At the same time, these two types of offences are often inseparable. The author proposes the main directions of criminal law impact on transnational corruption crime, which could be used in both the General part and Special part of criminal law. The methodology of the article is based on the laws of materialist dialectics. The article rests on a wide range of Russian and foreign sources of scientific, legal, statistical, sociological, and other nature. The author applied the following research methods: analysis, synthesis, deduction, induction, systemic-structural method, logicallegal, and comparativelegal.

Human Trafficking: Trends and Methods of Counteraction

One of the serious and serious crimes of an international nature is human trafficking, which requires effective and enhanced interstate cooperation, since this phenomenon has not bypassed any State in the world. Human trafficking is an international crime. This type of crime occupies a significant place in the structure of criminal business. The authors of the article analyze the norms of criminal law that identify this type of criminal offense.

El Tribunal Especial para el Líbano y la sentencia Hariri. ¿Justicia selectiva?

The article analyses the complex relation between politics and justice in the international arena that is reflected in the Special Tribunal for Lebanon. The subject matters developed are its problematic establishment by means of Security Council resolution 1757 (2007) and its selective nature, as well as the legal-doctrinal dispute laid out in the Ayyash et al. case, also known as the Hariri case. It is stressed the importance of circumstantial factors, especially those triggered since 2004, with the aim to explain the internal division —with international protagonists— of the country into two blocks whose confrontation would serve as a pretext for starting-up a unique tribunal that would meet the interests of an international community captivated by the possibility of achieving a judicial terrorism sentence against Hizballah —and/or Syria— who was gathering momentum. The 2011 interlocutory decision of the Appeals Chamber seemed to reveal itself as a good omen in said direction when it stated the necessity to interpret the crime of terrorism established in article 314 of the Lebanese Criminal Code in accordance with an international crime of terrorism of customary nature. The revolutionary decision —together with the process that led to its publication— disclosed nevertheless, a certain hasty and opportunistic character, which the 2020 judgment finally rejected for being unnecessary and untrue. The article upholds that all the above has contributed to undermine the credibility of the Tribunal, which is a model of selective justice, and has demonstrated little deference towards the sovereignty of the Lebanese State.

The Impact of COVID-19 on Transport Crime

The COVID pandemic has intensified crime activity around the world. The article is devoted to the analysis of the impact of the pandemic on international crime. Particular attention is paid to strengthening the activities of cybercriminals, including in the transport industry.

Best Practice Guidelines and Recommendations for Health Care Providers

Human trafficking (HT) is a federal and international crime and is regarded as one of the most pressing human rights issues. Adult and minor victims are trafficked by force (rape, beatings, confinement), fraud, and coercion resulting in profound physical and psychological injuries (Chisolm-Straker et al., 2019, p. 72; Department of Homeland Security, 2020; Vera Institute of Justice, 2014, p. 6). Most clinicians fail to recognize HT victims (Egyud et al., 2017; Leslie, 2018; Mason, 2018; McDow & Dols, 2020; Mostajabian et al., 2019; Patient Safety Monitor Journal, 2017; Stevens & Dinkle, 2020). This policy brief’s purpose is to provide health care providers with a validated HT screening tool and best practice guidelines and recommendations to aid in victim identification. The strategies outlined are those published by the Vera Institute of Justice’s HT Victim Identification Tool and are endorsed by the Emergency Nurses Association and the International Association of Forensic Nurses (Chisolm-Straker et al., 2019; Egyud et al., 2017; Leslie, 2018; McDow & Dols, 2020; Mostajabian et al., 2019; Peck, 2020; Stevens & Dinkle, 2020, p. e1; Vera Institute of Justice, 2014). These proposals will increase the likelihood that patients experiencing sexual and labor exploitation will be identified (Chisolm-Straker et al., 2019; Egyud et al., 2017; Leslie, 2018; McDow & Dols, 2020; Mostajabian et al., 2019; Peck, 2020; Stevens & Dinkle, 2020, p. e1; Vera Institute of Justice, 2014)

Human and Nonhuman Rights to Water

All living kinds, human and nonhuman, require rights to water. A UN Declaration upholds rights to clean drinking water and basic sanitation for humans, and some environmental legislation seeks to assure minimal flows of water in ecosystems. However, such rights are situated within complex social and political relations that are often far from equal. The distribution and management of water is entangled in issues such as ethnicity, class, gender, and levels of enfranchisement, and is heavily dependent upon how beliefs and values about water are represented in dominant narratives. Although water has been regarded a “common good” for millennia, many forms of collective ownership of freshwater have been overridden by colonial appropriations and by attempts to enclose and privatize water resources and to reframe them as commercial assets. An accelerating global water crisis caused by climate change, intensifying farming, and the over-allocation of water resources reveals unsustainable pressures on freshwater ecosystems. There have been concomitant losses of access to water for less powerful human communities, and most particularly for nonhuman beings. As a result, approximately two hundred species become extinct every day. Widespread environmental degradation has caused indigenous communities to critique the exploitative practices of colonial societies and to promote alternate and more egalitarian visions of human-nonhuman relationships. Inspired by these alternate cultural beliefs and values, and sometimes in alliance with indigenous people, conservation organizations and environmental activists have sought ecological justice to protect nonhuman beings and their habitats. Many are demanding that the UN should declare “rights for nature” and that the International Court of Criminal Justice should define “ecocide” as an international crime. Anthropologists have challenged dominant dualisms about culture and nature, providing accounts of diverse cultural worldviews in which all living kinds inhabit a nonbifurcated world. They have underlined the fluid interelationalities between human and nonhuman beings and the material environment. Building on a strong disciplinary history of advocating for human rights, they are exploring ways to articulate nonhuman needs and interests, for example, in new forms of river catchment management. There is growing consensus about the need to encourage forms of “pan-species democracy” that will ensure that all living kinds have sufficient rights to water and to the conditions that enable them to flourish.