Suchergebnisse

Crimes against humanity are crimes that are of such gravity that shock the international community as a whole. Every state is entitled to prosecute such crimes due to their seriousness. In fact, the International Criminal Court (ICC) was established to ensure that such crimes are prosecuted when states are unwilling or unable to do so. However, such crimes often go unpunished for a variety of reasons. This is especially the case when crimes are committed by or with the aid of multiple actors. One example that is rising in importance but has not yet received enough attention is the case of Libya and its vicious cycle of human rights violations against migrants. This paper aims at analysing the (ill-)treatment of migrants who are trying to leave Libya towards the EU. It further seeks to evaluate the behaviour of various political actors, including those within EU Member States, according to the rules of criminal liability in International Criminal Law (ICL). Specifically, it demands the prosecution of not only Libyan but also EU Member State officials for crimes against humanity since the trafficking of human beings as a form of enslavement is acknowledged as an inhumane act in Art. 7 (2) (c) of the Rome Statute. The practice of repeated smuggling and trafficking of migrants is carried out by Libyan actors, however, initiated and/or aided and abetted by EU Member State officials, through their policies. It is therefore not the question, if the events in the Mediterranean Sea are crimes against humanity, but rather who exactly ought to be prosecuted under which mode of liability. Above all, it is concluded that the EU and its Member States has frustrated all hopes to vindicate its founding values and instead became an actor in the systematic mistreatment of migrants in Libya and the Mediterranean. ; N/A

The ratio of ageing person population is increasing in all over the world. Due to better health system. Due to this the world community institution faces many problems related their safety and security. So many government of the world and many institution has been work for ageing person safety & security and human right also, large number of ageing person. living alone and without their near and dear relatives this is the main reason crime against ageing person due to loneliness, ageing person soft targeted of criminals. In many metro city of India and the world the rate of crime against ageing person is so high due to their loneliness. The globalization and urbanization is the main reason of breaking of collative family concept, and it increased the concept of single family, due to this the loneliness of ageing person increased, Present main stream media and News-paper full of crimes again ageing person. government policy should be how to stop crime against ageing person and how to protect them from crime. Which is spread very quick all around the world. It is duty of the government and the society to protect the elderly from crime, and give them phycological physical, social and economic assurance and avoid the circumstances of crime.

Few events have caused more shock and condemnation in recent years than the images of the destruction of cultural heritage in Syria. International law expressed since the early times a great concern for preservation of cultural heritage in conflict scenarios, including effective tool to prosecute the most responsible. The necessity to provide protection for cultural heritage sites during armed conflicts and accountability for the perpetrators of crimes against cultural heritage lead to the development of a strong legal framework. The focal point of this work is to highlight how the attacks against cultural heritage occurred in Syria should not always be seen as isolated incidents but as aggressions that bear a relevance and a severe impact on the whole attacked population. Such consideration is paramount once the episodes are examined under the lenses of international criminal law, that criminalises the conducts as war crimes and crimes against humanity, while additionally giving them a relevance in the reconstruction of genocidal mens rea. Undoubtedly, some attacks, perpetrated by all sides of the conflict, had a political or military aim at their roots: prevention of the location's use, obstacles to other targets or to the creation of a path or convenient location. Examples are the damages to the Crac des Chevaliers castle, the shelling of the Old Souk of Aleppo and the city of Raqqa that are all characterised for their strategic position and their relevance in military operations. Furthermore, jihadist groups certainly operated a religious, cultural and iconoclastic-oriented destruction accompanied with a strong financial opportunistic component in the spread looting and selling of easily transferrable objects. However, limiting the episodes of destruction to iconoclasm and extremists' campaigns against "false idols" means ignoring the complexity behind attacks to tangible cultural heritage, both of universal and local value. Indeed, destruction was also part of cultural cleansing campaigns sought by extremist armed groups seeking to eradicate what is conceived as not concurrent with their vision and way of life. After a brief reconstruction of the framework concerning the protection of cultural heritage committed in Syria under ICL, three topical episodes occurred during the course of the conflict will be analysed to draw the attention on the double nature of intentions behind attacks against cultural property in Syria and Iraq, to highlight the coexistence of different international crimes and to give a comprehensive understanding of the actors involved and of the different reasons behind the attacks. The chosen episodes are: (a) Crac des Chevaliers; (b) the Old city of Palmyra; (c) the destruction of Yazidi cultural heritage and cultural cleansing occurred in Syria and Northern Iraq. The unprecedent extension of cultural eradication in Syria and Iraq requires immediate actions from the international community to avoid impunity for the committed crimes and, to conclude the analysis, a brief examination of the possible way forward will be provided.

There seems to be little doubt that modern international law embodies the principle that, in addition to the individual responsibility of those who may actually perpetrate such crimes, criminal liability will also accrue to any political or military superior who orders, colludes in, condones, or fails to take steps to prevent their commission or repress end punish the actual offenders.

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

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

In the 21st century Ukraine faced with horrific crimes against humanity that were known during World War II. Despite the Minsk agreements, on February 24, 2022 the Russian Federation started a full-scale invasion of Ukraine. The issue of combating crimes against humanity in the 21st century is considered. The commission of such crimes violates a number of international conventions and treaties, including the Rome Statute of the International Criminal Court of 17 July 1998, the Charter of the United Nations of 26 June 1945, the Universal Declaration of Human Rights of 10 December 1948, the Convention on the Protection of Human Rights and fundamental freedoms of November 4, 1950, etc. The international community should focus their attention on inadmissibility of violation of fundamental human rights and freedoms. The ratification of international instruments and the existence of institutions, aimed at ensuring peace in the modern civilized world, should prevent encroachments on the territory of other states, mass destruction of people and civilian buildings. The invasion of the Russian Federation into the territory of Ukraine, use of weapons of mass destruction, missiles and gunfire against the civilian population is not only an encroachment on the territorial integrity of Ukraine. This is an encroachment on European values, which have been built for centuries in response to the experience of war. The best way to deal with crimes against humanity and war crimes as well is integration and unity of the international community in combating these crimes. The existence of global problems, environmental and economic crises, epidemics, epizootics, poverty especially conditioned integration of the international community for peace. Last but not the least, the human rights standards should be complied with at prosecuting people who have committed and been involved in crimes against humanity

Although the concept of genocide was introduced into science in the last century, this inhuman act has very ancient roots. In this article, the author reveals how and when this concept is used, against which peoples, how many people were killed, and proves with facts that the crime of genocide is not limited to Azerbaijan and other peoples. However, he did not change his attitude towards the values of multiculturalism in his mentality. The term genocide was first used by Lemkin in the early twentieth century, but genocide and terrorist acts are still being committed in the modern, renewed, humanized world. Not only because of their nationality, but also because of their race, political views and religious beliefs, people are subjected to violence. There are many international courts and courts around the world that deal with crimes related to this genocide. But so far only a few crimes have been considered. No criminal has yet received a worthy sentence. The article explains that this crime has not yet been properly assessed, and calls on the younger generation to constantly fight the tragedy of genocide.

Western Sahara is occupied by Morocco. The referendum on the territory's final status set forth by the United Nations Mission for the Referendum in Western Sahara (MINURSO) has repeatedly been postponed and the so far brokered proposals have been rejected by both parties. Since the Moroccan occupation the Saharawis have been continuously repressed through arbitrary arrests, enforced disappearances, and attacks of the civilian population, persecution and oppression of peaceful demonstrations. The violation of fundamental human rights is an ongoing issue. It is argued that these violations may constitute crimes against humanity, further on this article suggests that the international community should act as soon as possible to end Moroccan impunity and to make greater efforts for a just and lasting solution of the question of Western Sahara.

Trafficking in human beings (THB) has gained heightened prominence on the international agenda over the past two decades. Whilst most attention has been put on the national and transnational level, there has also been increased attention placed on human trafficking occurring in situations of conflict and related situations. The relevance of international criminal law in addressing human trafficking is therefore gaining attention. Thus far, there appears to be a reticence to addressing human trafficking in the context of international criminal law. As Bradfield notes: 'the crime of trafficking in persons as a serious crime of international concern remains under-utilized and undercharged, at least within the Rome Statute framework and existing international caselaw'. This may in part be explained by misunderstandings of the requirements of trafficking (e.g., whether it requires a profit motive); the gravity of trafficking as a crime and its nature as a human rights violation, and its interaction with other crimes under international, transnational and domestic law. However, developments in the international criminal courts and tribunals have recently placed significant attention on the question and are ripe for greater consideration. In particular, the current ICC investigation into the situation in Libya has already raised the prospect of human trafficking being a matter of interest for the court. ; peer-reviewed

ABSTRACT: The crime against humanity is also part of the category of international crimes. The paper briefly presents the evolution of these illicit deeds, as well as the transition from the theory of international law to the practical approach. Serious deeds define this category of crimes that affect both people's life and physical and mental integrity. One of the conditions of crime against humanity is the civilian population, against which the attack is directed. An important role was played by the International Military Tribunal at Nuremberg, which tried the Trial of the Main War Criminals, paving the way for establishing an International Criminal Court with unlimited jurisdiction in The Hague. KEYWORDS: massacre, illicit deeds, criminal offence, International Military Tribunal, persecution

Abstract: Crime against women is an age old phenomenon deep rooted in the male dominated socio-economic – political -legal order. Since her birth women is in bondage of the patriarchal society. There is an attempt to control and intimidate women by controlling the decision making process this leads to crime against women. Since her birth till her death women struggles for an equal place along with men and to live her life with dignity in the society.

The article provides a legal analysis of existing rules for criminal liability for property crimes under Australian criminal law (both federal and state). In Chapter 7 of the Criminal Code of 1995 you can find a description of criminal offenses against property. The first of the property offenses of the Criminal Code of 1995 is reflected in section 131 - theft. This crime is committed by a person if the person dishonestly takes possession of property belonging to another, with the intention of permanently depriving another property and if the property belongs to a legal entity of the Commonwealth. Subsection 132 discloses other property offenses, in particular describing in detail: robbery, aggravated robbery, burglary, dishonest possession or retention of property, etc. It is quite interesting to consider the legal framework at the level of the states of the Union. Under Victoria's criminal law, there are a number of property offenses. Under Article 72 of the Crimes Acts of 1958 (Crimes Acts 1958), theft is defined as the dishonest appropriation of property belonging to another in order to permanently deprive another of property. According to Article 197 of the Law on Crimes, a crime with destruction or damage to property intentionally and without legal justification is described. This offense can be committed regardless of whether the property belongs to another person or to the accused. The maximum penalty for such an offense is 10 years in prison The question of burglary is interesting. Under Victoria law, if a person enters a building as an infringer with intent to steal or damage a building or property in a building, he or she is guilty of burglary. This offense is punishable by imprisonment for up to 10 years [5]. The same crime is described in Queensland law as follows: "Any person is subject to a criminal offense who enters or stays in another's home with intent to commit a crime. The maximum penalty is 14 years in prison. It has been proven that property offenses relate primarily to the destruction, ...

The foundation of ICC in 1998 and the fact that its Statute entered into force in 2002 allowed the international community to provide a permanent legal mechanism to dissuade and repress extreme violent and cruel acts. However, the change in international scenario after the USSR fell apart, which led to the increase in political violence - preventative war/pre-emptive war - and the affirmation of exceptional policies, has had a considerable impact in the negotiation of the Statute and later in the definition of the crime of aggression, approved in the Kampala Conference. The great powers structured their negotiation strategies in terms of their long term interests, which are made evident in the approved texts, namely in the possibility of human rights securitization and the preference for selective multilateralism that the Statute and the Kampala declaration were not able to prevent, thus raising questions as to the basis for the Court and its future. The text advocates that this arrogance should not be understood as a manifestation of US vitality, which can question the legitimacy of the ICC. In fact, this hostility is a strategy for political survival aimed at maintaining the freedom of strategic action in a strategic scenario increasingly dynamic and demanding.

This research intends to analyze general features and elements of criminal acts against humanity. Also in this paper, special attention was paid to the distinctive features that are crucial in the legal classification of crimes against humanity as offenses punished with international acts and legal regulations of each state. The term Crime against humanity first appeared in the London Agreement of 8 August 1945 establishing the International Military Tribunal. In the course of the preparatory work, it had become apparent that certain crimes committed during the Second World War were not, strictly speaking, war crimes. These were crimes whose victims were of the same nationality as the perpetrators, or nationals of an allied State and were committed for different motives. As early as March 1944, the representative of the United States of America on the Legal Committee of the United Nations War Crimes Commission proposed that crimes committed against stateless persons or any other person by reason of their race or religion should be declared "Crimes against humanity". It suggests, in at least two distinct ways, the enormity of these offenses of the other criminal offenses. First, the phrase "crimes against humanity" suggests offenses that aggrieve not only the victims and their own communities, but all human beings, regardless of their community. Second, the phrase suggests that these offenses cut deep, violating the core humanity that we all share and that distinguishes us from other natural beings. This double meaning gives the phrase potency, but also an ambiguity we may trace back to the double meaning of the word "humanity". "Humanity" means both the quality of being human-humanness-and the aggregation of all human beings-humankind. Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "Are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings". They are not isolated or sporadic events, but are part either of a government policy or of a wide practice of atrocities tolerated by a government or a de facto authority. The law traditionally distinguishes between crimes against persons, crimes against property, crimes against public order, crimes against morals, and the like. Murder, extermination, torture, rape, political, racial or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice.