Abstract
In many cases, and, in particular, in cases concerning crimes committed in the Syrian conflict, an overlap can be identified between international criminal law and counter-terrorism criminal ...law. The reason for this is the approximative and normative intertwining of these two areas in German criminal law. By way of counter-terrorism criminal law, Germany implemented an organizational crime of membership in an organization whose objective or activities are directed towards the commission of, inter alia, genocide, crimes against humanity, and war crimes, as well as murder. As a consequence, non-state armed groups active in a non-international armed conflict are considered terrorist groups. While this allows for cumulative prosecution, charging, and conviction, in this article an argument will be made that the increasing intertwining of German international criminal law and counter-terrorism criminal law has a problematic side. It blurs the historical, conceptual, and normative differences between the two areas of criminal law. Eventually, this further deepens the asymmetry in the prosecution of state and non-state actors for international crimes.
This article discusses the main reasons behind the reluctance of most Arab countries to ratify the Rome Statute and to cooperate with the International Criminal Court (ICC). There are legal, ...political, and practical restraints, as well as cultural barriers, to incorporating principles of individual criminal responsibility for international crimes into the domestic laws of most Arab countries. Moreover, many Arab states adopt a security-based approach to war crimes and crimes against humanity, which are thus prosecuted mainly under anti-terrorist laws, rather than a rule of lawbased approach to holding those most responsible for international crimes accountable. Further, when political considerations are at stake, states' commitment to address the most serious crimes appears eroded, thus becoming inconsistent with the objective of the Rome Statute of ending impunity for perpetrators of international crimes. It is becoming ever more necessary for the ICC to gain recognition and acceptance in the Arab world by garnering effective participation of those Arab states undergoing major transitions, where international justice, arguably, is most needed.
This article explores the use of remorse as a source of leniency at international criminal tribunals. It outlines the difficulties that beset international tribunals' attempts to develop a clear, ...consistent conceptualization of the idea of remorse. Using a range of perspectives, it offers ways forward in terms of both comprehending remorse, as experienced by perpetrators of international crimes, and incorporating remorse into the present international criminal legal framework. In particular, it analyses how sincere expressions of remorse within the international criminal courtroom can signal and produce transformative effects for different players operating in the terrain of international criminal justice.
60 JAHRE MAUERBAU Bergsdorf, Harald
Politische Studien,
07/2021, Letnik:
72, Številka:
498
Journal Article
Am 13. August 2021 gedenkt die gesamtdeutsche Bundesrepublik des Mauerbaues vor 60 Jahren. Die Erinnerung daran mahnt, weiterhin sowohl über das mörderische Bauwerk als auch die SED-Diktatur als ...solche aufzuklären. Gerade nach den singulären NS-Massenverbrechen gegen die Menschlichkeit gilt es, jegliche Menschenrechtsverletzungen zu analysieren und zu ächten. Das bleibt bedeutsam.
El propósito de la investigación consistió en analizar las normas legales y constitucionales, además los instrumentos internacionales. Este artículo realiza una observación directa a los delitos de ...lesa humanidad desde una perspectiva diferente; es tomar en cuenta los conflictos sociales como jurídicos que generan debates sobre la aplicación de la ley en torno a este tipo de crímenes que afectan a la integridad de las personas. Los resultados evidenciaron la necesidad de dar solución a la problemática sobre los crímenes de lesa humanidad a nivel internacional y aquellos ocurridos en Ecuador, que trascendieron las normativas. Se concluyó que el derecho penal internacional ha reconocido tres tipos de crímenes: el genocidio, los crímenes de guerra y de lesa humanidad.
Whether and how violence can be controlled to spare innocent lives is a central issue in international relations. The most ambitious effort to date has been the International Criminal Court (ICC), ...designed to enhance security and safety by preventing egregious human rights abuses and deterring international crimes. We offer the first systematic assessment of the ICC's deterrent effects for both state and nonstate actors. Although no institution can deter all actors, the ICC can deter some governments and those rebel groups that seek legitimacy. We find support for this conditional impact of the ICC cross-nationally. Our work has implications for the study of international relations and institutions, and supports the violence-reducing role of pursuing justice in international affairs.
A new report by eyeWitness to Atrocities, Insecurity Insight, Media Initiative for Human Rights, Physicians for Human Rights, and Ukrainian Healthcare Center documents the scale of attacks on ...Ukraine's health-care centres and staff by Russian forces. According to Ukraine's Ministry of Health, 1035 medical facilities have been damaged over the past 11 months, and another 171 have been demolished beyond repair, with the eyeWitness report saying that US$15·1 billion is needed to scale up essential health services and restore health infrastructure. Russian civilian and military leadership, including Vladimir Putin, are being investigated for war crimes and crimes against humanity in Ukraine by the International Criminal Court, as well as a parallel special tribunal backed by the European parliament and the German and UK Governments.
In the eighteenth century, Bridgetown, Barbados, was heavily populated by both enslaved and free women. Marisa J. Fuentes creates a portrait of urban Caribbean slavery in this colonial town from the ...perspective of these women whose stories appear only briefly in historical records. Fuentes takes us through the streets of Bridgetown with an enslaved runaway; inside a brothel run by a freed woman of color; in the midst of a white urban household in sexual chaos; to the gallows where enslaved people were executed; and within violent scenes of enslaved women's punishments. In the process, Fuentes interrogates the archive and its historical production to expose the ongoing effects of white colonial power that constrain what can be known about these women.
Combining fragmentary sources with interdisciplinary methodologies that include black feminist theory and critical studies of history and slavery,Dispossessed Livesdemonstrates how the construction of the archive marked enslaved women's bodies, in life and in death. By vividly recounting enslaved life through the experiences of individual women and illuminating their conditions of confinement through the legal, sexual, and representational power wielded by slave owners, colonial authorities, and the archive, Fuentes challenges the way we write histories of vulnerable and often invisible subjects.
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