Suchergebnisse

Crimes against humanity first emerged in international law in 1945, when the allied powers that won World War II—the United States, United Kingdom, the Soviet Union, and France—granted the International Military Tribunal at Nuremberg jurisdiction to prosecute German leaders for 'crimes against peace,' 'war crimes,' and 'crimes against humanity.' Since the Nuremberg trials, the concept of crimes against humanity has expanded dramatically, which other essays in this volume describe. Most notably, as highlighted in the next essay in this volume, international law has now affirmed that, unlike war crimes, crimes against humanity may be committed in times of formal peace. As William Schabas has put it, many colloquially view crimes against humanity as being analogous to serious violations of human rights, but 'in the case of breaches of international human rights law, it is the state that is held responsible, whereas in the case of crimes against humanity, individuals are the perpetrators and they are the ones who are held criminally responsible.' Thus, violations of human rights might trigger orders to cease certain actions or compensate victims, but violations of crimes against humanity can lead to the imprisonment of state officials, and even heads of state ; peer-reviewed

With reference to India.

Despite the promises made after World War II to eliminate the commission of
atrocities, crimes against humanity persist with horrifying ubiquity. Yet the
absence of a consistent definition and uniform interpretation of crimes against
humanity has made it difficult to establish the theory underlying such crimes and
to prosecute them in particular cases. In the 1990s, several ad hoc international
criminal tribunals were established to respond to the commission of atrocity
crimes,1 including crimes against humanity, in specific
regions of the world in conflict. Building on this legacy, in 1998 a new
institution—the International Criminal Court(ICC)— was established to take up the
task of defining crimes against humanity and other atrocity crimes and preventing
and punishing their commission.

"In 1946, the judges at the International Military Tribunal at Nuremberg declared 'crimes against peace' - the planning, initiation or waging of aggressive wars - to be 'the supreme international crime'. At the time, the prosecuting powers heralded the charge as being a legal milestone, but it later proved to be an anomaly arising from the unique circumstances of the post-war period. This study traces the idea of criminalising aggression, from its origins after the First World War, through its high-water mark at the post-war tribunals at Nuremberg and Tokyo, to its abandonment during the Cold War. Today, a similar charge - the 'crime of aggression' - is being mooted at the International Criminal Court, so the ideas and debates that shaped the original charge of 'crimes against peace' assume new significance and offer valuable insights to lawyers, policy-makers and scholars engaged in international law and international relations"--

A Crimes Against Humanity Convention after the establishment of the International Criminal Court / by Morten Bergsmo and Song Tianying -- Codifying the 'Laws of Humanity' and the 'Dictates of the Public Consciene': towards a new global treaty on crimes against humanity / by Leila Sadat -- The ICC case law on the contextual elements of crimes against humanity / by Eleni Chaitidou -- The Draft Convention on Crimes Against Humanity: what to do with the definition? / by Darryl Robinson -- Beyond territory, jurisdiction, and control: towards a comprehensive obligation to prevent crimes against humanity / by María Luisa Piqué -- The obligation to prevent in the Proposed Convention examined in the light of the obligation to prevent in the Genocide Convention / by Travis Weber -- State obligation to punish core international crimes and the Proposed Crimes Against Humanity Convention / by Julie Pasch -- Towards greater coherence in international criminal law: comparing protected groups in genocide and crimes against humanity / by Rhea Brathwaite -- The Proposed Convention on Crimes Against Humanity and human trafficking / by Christen Price -- The responsibility to protect and to prosecute: reflections on the Canadian experience and recommendations for the Proposed Crimes Against Humanity Convention / by Rita Maxwell -- U.S. role in the prevention and prosecution of and response to crimes against humanity / by Mary Kate Whalen -- The Proposed Convention on Crimes Against Humanity and aut dedere aut judicare / by Ian Kennedy -- The aut dedere aut judicare provision in the Proposed Convention on Crimes Against Humanity: assessment from a Chinese perspective / by Shang Weiwei and Zhang Yueyao -- The Proposed Convention on the the Prevention and Punishment of Crimes Against Humanity: developments and deficiencies / by Tessa Bolton

The Mediterranean Sea is considered to be the deadliest route for migrants seeking to reach the shores of the European Union. However, reaching EU territory does mean that the risks to their lives and wellbeing have ended. Thousands of migrants are illtreated in refugee camps, indefinitely detained, and deprived of basic necessities such as food and health care. Thousands are pushed back to third countries by EU actors or their cooperating partners to avoid the invocation of responsibility. In such situations, migrants are likely to fall prey to human traffickers, be recruited by militias, suffer torture and other inhumane acts. It is the mistreatment of persons at their most vulnerable, on a large scale. Such mistreatment is part of border control tactics based on the sole rationale of deterring other migrants from trying to make the same hazardous journey. Thus, sending a clear signal. ; peer-reviewed