In 2018, Pre-Trial Chamber I of the International Criminal Court (ICC) held that conduct preventing the return of members of the Rohingya people to Myanmar could fall within Article 7(1)(k) of the ...Statute, on the grounds that denial of the right of return constitutes a crime against humanity. No international tribunal has prosecuted this conduct as a discrete violation, but given the significance of the right of return to Palestinians, it can be expected that such an offence would be of central importance should the ICC investigate the situation in Palestine. This comment will review the recognition of this crime against humanity during the process prompted by the Prosecutor's 2018 Request for a ruling as to the Court's jurisdiction over trans-boundary crimes in Bangladesh/Myanmar. It will consider the basis for the right of return in general international law, with a specific focus on the Palestinian right of return. The final section will review the elements of the denial of right of return as a crime against humanity, as proposed by the Office of the Prosecutor in its 2019 Request for Authorization of an investigation in Bangladesh/Myanmar.
SH has received royalties from Berghahn Books for The Anatomy of Murder, honoraria from educational institutions for lectures about medicine and anatomy in Nazi Germany, and is an unpaid member of ...the Harvard Human Remains Research Review Committee and the American Association for Anatomy Task Force on Legacy Collections. AT has received royalties from Cambridge University Press for the book Social Mendelism: Genetics and the Politics of Race in Germany, 1900–1948, and an honorarium from the University of Leeds (Leeds, UK) for a lecture titled “Mendeling Jews: a history of racial genetics”. MKW has received a grant from the Macy Foundation for the implementation of this Lancet Commission's first teacher training fellowship; has received honoraria from educational institutions for lectures on medicine and the Holocaust, which he donates to his institution's fund to support programmes related to this history; serves as Co-Chair of the American Medical Association's Truth, Reconciliation, Health and Transformation Task Force (for which he receives an annual honorarium that he donates to his university); and is an unpaid member of the Fellows Council for the Hastings Center and the Advisory Council for Physicians for Human Rights.
Armed conflicts have increasingly been characterized by a phenomenon of massive violence against civilians. Beyond a certain point, the question becomes whether such violence is properly ...characterized as incidental to the pursuit of hostilities or should be seen as conceptually detached from it. This article looks at the competing cases for dealing with this phenomenon of massive violence against civilians from the perspective of war crimes or crimes against humanity. The focus of war crimes particularly when committed as part of a policy at the International Criminal Court has further diminished the difference with crimes against humanity. This article finds that, given the dense overlap of both categories when it comes to massive violence against civilians in times of war, the expressivist finalities of international criminal justice are better served by emphasizing the fundamental nature of such violence as a crime against humanity. This better makes sense of the genealogy of international criminal law as emerging from a tradition of human rights and recuses any notion that systematic attacks against civilians have, in fact and in principle, anything to do with the pursuit of war.
The Investigator Dzuro, Vladimír; Del Ponte, Carla
2019, 2019-11-01
eBook
The war that broke out in the former Yugoslavia at the end of the twentieth century unleashed unspeakable acts of violence committed against defenseless civilians, including a grizzly mass murder at ...an Ovčara pig farm in 1991. An international tribunal was set up to try the perpetrators of crimes such as this, and one of the accused was Slavko Dokmanović, who at the time was the mayor of a local town. Vladimír Dzuro, a criminal detective from Prague, was one of the investigators charged with discovering what happened on that horrific night at Ovčara. The story Dzuro presents here, drawn from his daily notes, is devastating. It was a time of brutal torture, random killings, and the disappearance of innocent people. Dzuro provides a gripping account of how he and a handful of other investigators picked up the barest of leads that eventually led them to the gravesite where they exhumed the bodies. They were able to track down Dokmanović, only to find that taking him into custody was a different story altogether. The politics that led to the war hindered justice once it ended. Without any thoughts of risk to their own personal safety, Dzuro and his colleagues were determined to bring Dokmanović to justice. In addition to the story of the pursuit and arrest of Dokmanović, The Investigator provides a realistic picture of the war crime investigations that led to the successful prosecution of a number of war criminals. Visit <a href=https://warcrimeinvestigator.com/ target=blank>warcrimeinvestigator.com for more information or <a href=https://www.youtube.com/watch?v=LdxD1SRnjFM&feature=youtu.be target=blank>watch a book trailer.
Silent power, audible impunity Dales, Hollie
Journal of global faultlines,
05/2024, Volume:
11, Issue:
1
Journal Article
Peer reviewed
Open access
“Silent power, audible impunity” examines conflict-related sexual violence (CRSV) against male detainees, in Abu Ghraib and in Camp Breadbasket, following the 2003 invasion of Iraq by the US–UK ...coalition. The article explores three contributing factors to the abuse: the impunity of the Western perpetrators, the justification of the abuse through “War on Terror” narratives, and the gender norms within the military. It argues that it is imperative to ensure accountability for crimes against humanity, to cultivate a minimally harmful political discourse, and to address the impact of gendered discussions surrounding CRSV.
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.
De Nuremberg à la Haye, un hiatus existait entre implication effective des individus et des personnes morales dans la commission des crimes contre l’humanité et possibilité de mettre en jeu la ...responsabilité de ces deux catégories d’acteurs. Cette asymétrie flagrante entre responsabilité de l’individu et irresponsabilité de la personne morale traduisait le sentiment diffus que le voile de la personnalité morale était un ticket d’accession à l’impunité. L’adoption, par la Commission du droit international (CDI), en 2017, du projet d’articles sur les crimes contre l’humanité, dont l’une des innovations majeures est la responsabilité des personnes morales, marque un changement de paradigme. Toutefois, l’efficacité de ce tournant majeur nécessite une définition d’un modèle propre d’imputation et une harmonisation de la sanction. Définir des critères d’imputation propres implique que l’on dépasse objectivement la conception d’une imputation fondée uniquement sur le substratum humain pour élaborer subjectivement une culpabilité propre aux être collectifs articulée autour des défaillances dans l’organisation de l’entité ou dans le devoir de surveiller les comportements des membres de l’entité. Le projet de la CDI laisse le soin aux États le choix de la sanction. L’option de l’alternative de la sanction présente de nombreux inconvénients qui nécessitent l’élaboration des règles de compétence globales et cohérentes. Les règles de compétence retenues par la CDI ont vocation à saisir les actes posés par les individus, elles sont silencieuses lorsque l’auteur est une personne morale. Il importe alors de définir des règles de compétence de nature à faire échec à la territorialité et de mettre en oeuvre la responsabilité directe des personnes morales. A cet égard, le choix d’une compétence concurrente entre les juridictions de l’État d’origine de la société mère et celles de l’État d’accueil de la filiale parait pertinent.
Thank you, Dean Scharf, for your generous introduction. Being honored with the Klatsky Humanitarian Award is humbling given the distinguished individuals who have received it in prior years. It is ...also special to be here today with you, as we have collaborated on many projects in the past, including during the very early stages of the Crimes Against Humanity Initiative,1 the subject of today's lecture. I would also like to thank Mr. Bruce Klatsky2 for his kind words, service on the Board of Human Rights Watch, and generous support of this award and associated endowed lecture series.
The Case Western Reserve Journal of International Law's 56th volume features articles from the 2023 annual symposium titled "Climate Change and International Law at a Crossroad." The symposium ...brought together experts to address key questions related to climate change, such as the enforcement of the newly recognized human right to a healthy environment, the viability of ecocide as an international crime, the entitlement of environmental migrants to refugee status, and the possibility of suing corporations for climate change. The volume includes articles discussing these topics, as well as the nexus between climate change and national security, the protection of climate-displaced peoples, and the legal obligations of states in the context of climate change. The publication also features the 2023 Klatsky Lecture on crimes against humanity and concludes with student notes covering various international law topics. The symposium and publication were made possible by the support of Bruce J. Klatsky and the efforts of the Case Western Reserve Journal of International Law's student editors. Plans are already underway for the 2024 Cox Center Conference, which will focus on the need for a new Geneva Convention for the challenges of the 21st century.
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