Hate Crimes and the Need for Stronger Federal Legislation
... S. Winer, Hate Crimes, Homosexuals, and the Constitution, 29 HARV. C.R.-C.L. L. REV. 387, 413-14 (1994) (citing as
one reason why homosexuals are reluctant to report the exposure of their sexual orientation and the resulting stigma
and treatment by others that would result); LAWRENCE, supra note 27, ...
Lubanga and its Implications for Victims Seeking Reparations at the
... restorative justice through the ICC case-based reparations framework. The following analysis
seeks to bring out the issues in this regard.
Lubanga was charged and found guilty of conscripting and enlisting child soldiers under the
age of 15 and “using them to participate actively in hostilities”4 in ...
Giving Amnesties a Second Chance
... In the past hundred years the world has witnessed atrocities on a scale
never before contemplated. Nazi Germany committed acts so heinous that the
international community had to develop a new expression to describe them:
crimes against humanity. Joseph Stalin killed millions of Soviet citizens. Pol ...
Collective Crime and Collective Punishment
... a colorful and highly individual figure. The last thing
one expects of him is the surrender of individual identity to an anonymous submersion in the collective. Yet
doctrinally he is a collectivist. In his recent writings, he
has been seeking to collectivize just about everything:
action, responsibi ...
positioning hybrid tribunals in international criminal justice
... more uniform justice.18
The creation of the ICTY and ICTR reflects the view that
it is both politically desirable and legally justified to conduct
such trials at the international level in light of the interstate
interests implicated by the nature and extent of the atrocities
at issue.19 Such inters ...
... than a million people from the west- early 2003, it took until July of this Arab, and not all Arab groups particern Darfur region of Sudan left home- year for the U.S. government and the ipated in the killings. 9
less by rampaging nomadic militia- international community to back up
Yet critics in Co ...
Particularly Serious Crime.
... Indiana Criminal Code §35-42-2-2 (2008) and of Class C reckless homicide, pursuant to
Indiana Criminal Code §35-42-1-5 (2008). Respondent was sentenced to 3 years and 545
days, respectively. She was permitted to serve her sentences concurrently and was
released from criminal custody after serving ap ...
11149 bytes - US Court of Appeals, Tenth Circuit Opinions
... court sentenced Novitskiy to eighteen months in prison.
Because Novitskiy is an alien, removal proceedings were instituted. After a
hearing, an immigration judge (IJ) found Novitskiy removable because unequivocal
evidence showed he was an alien who committed an aggravated felony, as defined by 8
The Genocide Convention at Fifty - United States Institute of Peace
... difficult to make under the convention definition, because the victims were Chilean
political activists, not an identifiable ethnic group. But Spain has opted for a
broader definition than the one that is internationally recognized, one that comprises political and other groups. Ethiopian law is sim ...
Omar Khadr: Military Commission Trial of Ex
... charged with war crimes, he could be prosecuted in US federal court rather than a military
However, Khadr has not actually been charged with offenses recognized as war crimes. The
crimes he is charged with could be considered domestic law violations susceptible of
prosecution in a domest ...
Separate Opinion by Judge Blair - ICC
... any construction of the foregoing rules of land warfare. The control and operation of Germany under the Allied Powers' occupation is provisional. It does not transfer any sovereign power of
Germany other than for the limited purpose of keeping the peace
during occupancy, and for the ultimate rectifi ...
Response to Ambassador Macharia Kamau`s Statement to the 69th
... were thwarted by politicians, resulting in the ICC’s intervention, while a recently proposed
International Crimes Division of the High Court of Kenya is still not operational. Given the Director
of Public Prosecution’s public admission that he is unable to proceed to prosecute any cases
resulting f ...
Transitional Justice: A Balanced Approach An Essay in answer to
... The Cold War ended and “the bipolar structure of the world disappeared” which signified
the cooling of tension between the United States and the Soviet Union (Kaufman, Parker, Howell
& Doty 347). As a result these polar opposites no longer needed their satellite partners. This left
many partner stat ...
Module 2 * Sexual Violence as an International Crime
... Sexual violence is a war crime in both international and noninternational armed conflicts (different legal frameworks can
have multiple and/or different definitions for each of these types
of armed conflict)
Unlike other war crimes, it is not necessary to prove that a victim
of sexual violence was a ...
Other Material\War Crimes Law And The Vietnam War
... other countries and wars of aggression in violation of international laws and treaties.
The condemnation of wars of aggression was nothing new and had been specifically
outlawed in the Kellogg-Briand Pact of 1928. The determination of exactly what
constitutes a “war of aggression” is of course the c ...
Texas Prosecution 101 - 79th Judicial District Attorney
... OAG’s prosecution of a criminal case.
Despite the original criminal jurisdiction granted to local prosecutors by the state
constitution, nothing prohibits an official in one branch of government from lending assistance to
officials in other branches of government. Accordingly, the Texas Legislature ...
... Universal Moral Principles –
1. Not to intentionally harm others with one’s actions,
words or thoughts.
2. To use one’s words and one’s mind for the welfare of
others; benevolent truthfulness.
3. Not to take what rightfully belongs to others, and not
to deprive others of what is the ...
The Nuremberg Trials and Crimes Against Humanity
... exposure similar acts of aggression received in the press, coupled with the failure of the Leipzig
and Ottoman Trials to effectively punish the perpetrators, exposed a need for additional legal
protections for noncombatants in future conflicts. In response, an international group of delegates
at the ...
Types of Crime
... In cases of corporate crimes it is difficult to pinpoint anyone as the criminal. Though the cost in
terms of money and lives is very high, court cases are very rare.
However it is public opinion which can decrease corporate crimes because if people know their
health is being endangered they will try ...
proyecto de agenda - Organization of American States
... we will offer monetary rewards—of up to $5 million—for information that leads to the arrest or
conviction of specific foreign nationals accused by international criminal tribunals of atrocity-related
crimes, including the ICC as well as mixed or hybrid tribunals.
Just last week, the United States an ...
Genocide Information Questions
... religious group with the intent to destroy the entire group, came into general usage only after
World War II, when the full extent of the atrocities committed by the Nazi regime against the
Jews of Europe during that conflict became known. In 1948, the United Nations declared
genocide to be an inter ...
State crime - Manor Sociology
... It’s power to make the law means that it can avoid its own harmful actions
being defined as criminal.
It can also use the criminal justice system to control and persecute it’s
Universal jurisdiction allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation with the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as the concept of jus cogens – that certain international law obligations are binding on all states. The concept received a great deal of prominence with Belgium's 1993 law of universal jurisdiction, which was amended in 2003 in order to reduce its scope following a case before the International Court of Justice regarding an arrest warrant issued under the law, entitled Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium). The creation of the International Criminal Court (ICC) in 2002 reduced the perceived need to create universal jurisdiction laws, although the ICC is not entitled to judge crimes committed before 2002.According to Amnesty International, a proponent of universal jurisdiction, certain crimes pose so serious a threat to the international community as a whole, that states have a logical and moral duty to prosecute an individual responsible therefor; no place should be a safe haven for those who have committed genocide, crimes against humanity, extrajudicial executions, war crimes, torture and forced disappearances.Opponents, such as Henry Kissinger, argue that universal jurisdiction is a breach on each state's sovereignty: all states being equal in sovereignty, as affirmed by the United Nations Charter, ""Widespread agreement that human rights violations and crimes against humanity must be prosecuted has hindered active consideration of the proper role of international courts. Universal jurisdiction risks creating universal tyranny – that of judges."" According to Kissinger, as a practical matter, since any number of states could set up such universal jurisdiction tribunals, the process could quickly degenerate into politically driven show trials to attempt to place a quasi-judicial stamp on a state's enemies or opponents.The United Nations Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, ""Reaffirm[ed] the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity"" and commits the Security Council to action to protect civilians in armed conflict.