1 Persecution as a Crime Under International Criminal Law Fausto Pocar * INTRODUCTION This article attempts to explore the origin and evolution of the concept of persecution as a crime against humanity in international law. In particular, I will focus on the latest jurisprudence on this matter and will try to highlight the major challenges ahead for tribunals both domestic and international when faced with charges of this kind. Due to the sensitivity of the concept, a terminological remark is in order when discussing the issue of crimes against humanity. The term crimes, in the expression crimes against humanity, clearly refers to the grave acts committed which require penal sanction. The meaning of the term humanity, however, is not as straightforward. Humanity may be understood as referring to either all human beings humankind or to the characteristic of being human humanness. 1 This is, in a sense, a fortuitous ambiguity, because crimes against humanity can then be interpreted to refer both to humankind and to the quality of being human. As such, crimes against humanity are currently considered to be particularly odious offenses because they constitute a serious attack on human dignity or a grave humiliation of one or more human beings. In order to fully understand these offenses, it is important to analyze their origin and development. The idea that some elementary principles of humanity should be adhered to in all circumstances, even during armed conflicts, has surfaced in various periods throughout history. While international law has historically not addressed obligations of individuals, international crimes have signaled a gradual but steady shift from this traditional stance. Today, the Tribunal for the former Yugoslavia (ICTY) and its sister institution, the International Criminal Tribunal for Rwanda (ICTR), carry on the legacy of the historic Nuremberg trials following the Second World War by, among other things, * Judge, International Criminal Tribunal for the former Yugoslavia (2000-present) and President of the Tribunal ( ). This article is based on a paper presented to the faculty of the University of the Pacific, McGeorge School of Law, on April 3, See ANTONIO CASSESE, INTERNATIONAL CRIMINAL LAW (2nd ed. 2008); David Luban, A Theory of Crimes Against Humanity, 29 YALE J. INT L L. 85, (2004); see also LE CRIME CONTRE L HUMANITÉ (Bruno Gravier & Jean-Marc Elchardus eds., 1996) (reflecting an interdisciplinary approach, particularly in the introduction to the volume and in the contribution by Mireille Delmas-Marty). 355
2 356 JOURNAL OF NATIONAL SECURITY LAW & POLICY [Vol. 2:355 challenging impunity for genocide and large-scale persecution. In fact, as one commentator put it, just as genocide has become the offence which represents what happened in Rwanda during 1994 so the crime against humanity of persecution has come to typify what happened in the territory of the former Yugoslavia. 2 Moreover, the international community is now endowed with another institution, the permanent International Criminal Court, based on the ICC Statute signed in Rome in While important countries, such as the United States, Russia, China, India, Pakistan, and Israel, as well as most Arab states, have not yet ratified this treaty, it is important to consider its impact on the fight against persecution, a prime example of a crime against humanity. I. HISTORICAL DEVELOPMENTS Persecution was first identified as a crime against humanity after the Armenian massacres of Although initially there were calls to try those responsible for the appalling crimes against the Armenian population, no provision was made in the final peace negotiations for those responsible to be brought to justice. The Versailles Peace Conference created a Commission on the Responsibilities of the Authors of the War and the Enforcement of Penalties, and, even though no prosecutions resulted, language in the Commission s report did advance to some degree the development of the concept of crimes against humanity. The two American members of the panel objected to even that modest effort, arguing that the laws and principles of humanity are not certain, varying with time, place, and circumstance, and accordingly, it may be, to the conscience of the individual judge. There is no fixed and universal standard of humanity. 4 However, during the Second World War, the Allied Powers decided that high-level German officials should be tried for crimes committed during the conflict not only against enemy combatants and civilians, but also for the massacres and other violent conduct against targeted groups within the German populace. But the latter crimes could not be considered criminal under the then-applicable laws of war, which essentially protected only the population located in enemy territory. Thus, the London Charter establishing the International Military Tribunal for the trial of major war criminals of the European Axis included 2. William J. Fenrick, The Crime Against Humanity of Persecution in the Jurisprudence of the ICTY, 32 NETHERLANDS YEARBOOK OF INT L L. 89, 89 (2001). 3. Rome Statute of the International Criminal Court, entered into force July 1, 2002, A/CONF.183/9, available at 4. UNITED NATIONS WAR CRIMES COMMISSION, HISTORY OF THE UNITED NATIONS WAR CRIMES COMMISSION AND THE DEVELOPMENT OF THE LAWS OF WAR (William S. Hein & Co. 2006) (1948) (quoting a Memorandum of Reservations dated Apr. 4, 1919).
3 2008] PERSECUTION AS A CRIME AGAINST HUMANITY 357 a provision on crimes against humanity. These crimes against humanity included persecution, but also murder, extermination, enslavement, deportation, and other inhumane acts. 5 The Nuremberg Charter therefore broke new ground, establishing persecution as a specific crime against humanity. The Nuremberg Charter, however, required that persecution be committed in association with a crime within the jurisdiction of the Nuremberg Tribunal. The practical consequence of this provision was that the Tribunal was effectively prevented from entering convictions for crimes against humanity not committed in association with the war itself. As a result, although the prosecutor tendered a significant amount of evidence about the pre-1939 persecution of Jews and other groups, no convictions were entered for these acts. Nonetheless, since crimes against humanity included crimes committed by Germans against other Germans within the boundaries of Germany, the Nuremberg Charter represented a turning point in international relations, albeit somewhat limited by the jurisdictional requirement just mentioned. II. PERSECUTION IN ICTY JURISPRUDENCE Even though persecution had been firmly established under international law as a crime against humanity, it was not until the conflicts in the former Yugoslavia and the subsequent prosecutions by the Tribunal that the substance of that crime was truly developed. 6 The crime of persecution was addressed in Tadiƒ, 7 the Tribunal s very first case. In the judgment, the Trial Chamber recognized that, while the crime of persecution was included in the Nuremberg Charter, it had never been clearly defined in international criminal law, nor was it known in the world s major criminal justice systems. 8 The 5. Charter of the International Military Tribunal art. 6, 59 Stat. 1546, 1547 (crimes against humanity are murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated. ), available at % See Ken Roberts, Striving for Definition: The Law of Persecution from its Origins to the ICTY, in THE DYNAMICS OF INTERNATIONAL CRIMINAL JUSTICE 257 (Hirad Abtahi & Gideon Boas eds., 2006). 7. Prosecutor v. Tadiƒ, Case No. IT-94-I-T, Opinion and Judgment (May 7, 1997), available at For a table that is useful in locating the opinions referred to in this article, see WILLIAM A. SCHABAS, THE UN INTERNATIONAL TRIBUNALS: THE FORMER YUGOSLAVIA, RWANDA, AND SIERRA LEONE x-xlv (2006). 8. Tadiƒ 694 ; see Roberts, supra note 6, at 270.
4 358 JOURNAL OF NATIONAL SECURITY LAW & POLICY [Vol. 2:355 Tribunal has further developed the elements of the offense, with the ICTR also making important contributions to the development of this crime. Persecution is now defined as follows. The actus reus of the crime consists of an underlying act which discriminates in fact and must deny a fundamental human right laid down in international law. The mens rea of persecution is discrimination on one of the listed grounds (at the ICTY, these are political, racial and religious grounds). 9 There is little controversy about this latter aspect from a legal standpoint, although prosecuting authorities find it difficult to prove this element beyond a reasonable doubt. Now, about fifteen years after their establishment, both Tribunals are in the process of drawing their proceedings to a close. All trials are scheduled to be completed by , with all appeals from trial judgments to be finished by The ICTY has indicted 161 persons, of which only two remain at large. To date, proceedings against 116 persons have been concluded, while 45 individuals are still involved in active proceedings. The Tribunal has considered the crime of persecution in most of these cases at both the trial and appellate levels. With each decision, further substance and clarity has been added to the contours of the crime. This improvement in understanding the crime of persecution and its various manifestations provides a significant contribution to the legal development of crimes against humanity in general. It will likely serve as an important source of guidance for both national and international courts in addressing this complex and heinous crime. As you might imagine, one of the most complex issues in relation to persecution is identifying the underlying acts it encompasses. Although the ICTY Statute was modeled on the Nuremberg Charter, the restriction mentioned before that persecution be committed in association with another crime reached by the Statute has been explicitly rejected by the ICTY. The Tribunal instead clarified that the crime of persecution, thanks to its development in the fifty years between Nuremberg and the first ICTY cases, consists of the intentional, gross, or blatant denial, on discriminatory grounds, of a fundamental right laid down in international customary or treaty law. 10 That is, persecution is not limited to crimes enumerated within the Statute of the ICTY, but encompasses other acts in violation of a fundamental right, as 9. Prosecutor v. Krnojelac, ICTY A, Judgement 185 (Sept. 17, 2003), available at 10. Prosecutor v. Kupreškiƒ, Case No. IT T, Judgement 621 (Jan. 14, 2000), available at Prosecutor v. Krnojelac, Case No. IT T, Judgment 434 (Mar. 15, 2002), available at org/x/cases/krnojelac/tjug/en/krn-tj020315e.pdf; Prosecutor v. Kvo ka, Case No. IT-98-30/1-A, Judgement 323 (Feb. 28, 2005), available at en/kvo-aj050228e.pdf.
5 2008] PERSECUTION AS A CRIME AGAINST HUMANITY 359 long as the persecutory acts reach the same level of gravity as other crimes against humanity for example, murder, extermination, enslavement, deportation, imprisonment, and torture. 11 Thus, it has finally been recognized that persecution can consist of the deprivation of a wide variety of rights, including attacks on political, economic, and social rights, as well as acts of harassment, humiliation, and psychological abuse. The importance of this expanded definition is clarified when considering situations such as the persecution of Jews and other groups in the 1930s, before the Second World War and exterminations began. If the underlying acts of persecution were only those acts that were also crimes under international law, the result would follow that many heinous discriminatory acts would not be considered persecution a result at odds with contemporary awareness and basic humanitarian principles accepted at the international level. Considering this example in detail, recall that on September 15, 1935, one of the infamous Nuremberg laws stripped German Jews of voting rights. On October 21, 1937, Himmler issued a decree providing for the arrest of German Jews who had emigrated abroad but had decided to come back to Germany. Between July and December 1938, legislative and executive provisions limited Jews access to various professions, barred Jews from schools, and imposed a collective tax of a billion Deutschemarks on Jewish communities. These acts, and I am mentioning only a few examples among a multitude of outrages, were not punishable before the Nuremberg Tribunal because they were not connected to the war and had not been committed in connection with other crimes within its jurisdiction. Even those acts that were committed after the Second World War began, such as the gradual imposition from October 1939 onwards of the requirement to wear a yellow star, would not have been considered serious enough in that legal context. While, in and of itself, the requirement to wear an identifying symbol may not be considered such a serious violation of a fundamental human right so as to amount to a crime, in the specific circumstances, few would disagree that it was intended to provoke even to facilitate and to instigate discrimination against Jews by security officials and by the population at large. Nobody would deny, I think, that such conduct should be considered a persecutory act. Similarly, one must consider policies such as discriminatory employment dismissals, denial of public services, and denials of justice as persecutory acts, particularly when committed in conjunction with one another. These policies, I would add, are exactly the ones we have found to have been implemented in many regions of the former Yugoslavia in preparation for 11. Prosecutor v. Blaškiƒ, Case No. IT A, Judgement 135 (July 29, 2004), available at
6 360 JOURNAL OF NATIONAL SECURITY LAW & POLICY [Vol. 2:355 ethnic cleansing there. They could even be considered typical warning signs that persecution through more serious criminal acts is likely to follow. I strongly believe that, as the ICTY has stated, the guiding principle in determining whether an act, such as one of harassment or humiliation, may amount to persecution is not a function of its apparent cruelty, but of the discriminatory effect the act seeks to encourage within the general populace. This is undoubtedly true now, although it was not so at the time of the Nuremberg Tribunal, due to the early stage of the development of crimes against humanity in general and of the crime of persecution in particular. III. HATE SPEECH AS PERSECUTION I know that I will spark an animated debate with this example, but in relation to persecution and the concepts just outlined, it would be useful to consider the recent judgment by the ICTR Appeals Chamber in Prosecutor v. Nahimana (the Media Case ). 12 The defendants are two individuals who founded a private radio company in Rwanda, and the editor-in-chief of a newspaper. The three men were accused of participating in the 1994 genocide through the control they exerted over the media. After lengthy and complex proceedings, which involved a number of legal and factual issues I need not explore here, they were convicted for, inter alia, inciting or aiding and abetting genocide, committing persecution, and aiding and abetting extermination through radio broadcasts and newspaper articles originating from their media outlets. In its judgment, the Appeals Chamber clarified that hate speech, infringing as it does the right to security and human dignity, may under certain circumstances amount to a persecutory act rising to the level of required gravity, either on its own or when taken in conjunction with other similar infringements. 13 In other words, hate speech targeting a population on one of the prohibited discriminatory grounds violates the right to respect for human dignity of the members of that group and thus constitutes discrimination in fact. Hate speech, such as in the Media Case, which is accompanied by incitement to commit genocide and is part of a massive campaign of other discriminatory acts including acts of violence against property and persons without any doubt does rise to the required level of gravity so as to amount to persecution. This legal finding is, in my view, firmly grounded in existing limitations on freedom of expression in 12. Nahimana v. Prosecutor, Case No. ICTR A, Judgement (Nov. 28, 2007). 13. Nahimana, Judgement 987.
7 2008] PERSECUTION AS A CRIME AGAINST HUMANITY 361 international law. 14 It has been argued that this notion conflates hate speech with incitement to violent crimes and makes protected speech an element of the crime of persecution. 15 I disagree with such a view. With all due respect, I believe that this approach does not, among other things, take into account the lack of consensus at the international level about what protection should be given to abusive language when it infringes upon the right to human dignity, and it does not adequately address the power of propaganda to incite when it takes place in situations of extended discrimination with an ethnic component. Hate speech may, and in the Media Case it did, amount to an underlying act of persecution. 16 On the other hand, the existence of stringent general requirements for crimes against humanity, such as the need for a widespread or systematic attack against the civilian population, warrants the conclusion that offensive or otherwise disagreeable speech will generally not form the basis for a conviction of this type. Only in extreme situations will some types of speech be considered underlying acts of persecution. IV. INTERACTION BETWEEN PERSECUTION AND THE LAWS OF WAR Another interesting facet of persecution that has been analyzed at length by the Trial Chambers and the Appeals Chamber of the ad hoc Yugoslavia and Rwanda Tribunals is the interaction between persecution and the laws and customs of war. This topic has not been analyzed much by scholars and commentators, but is in my opinion an extremely promising area of inquiry. I will touch upon only a few examples. Considering, for instance, what acts belligerents are permitted by the laws of war to commit during an armed conflict, could an accused use this body of law as a defense in proceedings related to crimes against humanity occurring 14. See, e.g., Faurisson v. France, Communication No. 550/1993, UN DOC. CCPR/C/ 58/D/550/1993, at 9.6 (Human Rights Committee 1996), available at tbs/doc.nsf/masterframeview/4c47b59ea48f f200352fea?opendocument ( To assess whether the restrictions placed on the author s freedom of expression by his criminal conviction were applied for the purposes provided for by the [International] Covenant [on Civil and Political Rights], the Committee begins by noting, as it did in its General Comment 10 that the rights for the protection of which restrictions on the freedom of expression are permitted by article 19, paragraph 3, may relate to the interests of other persons or to those of the community as a whole. Since the statements made by the author, read in their full context, were of a nature as to raise or strengthen anti-semitic feelings, the restriction served the respect of the Jewish community to live free from fear of an atmosphere of anti-semitism. The Committee therefore concludes that the restriction of the author s freedom of expression was permissible under article 19, paragraph 3(a), of the Covenant. ) (emphasis in original). 15. Nahimana, Partly Dissenting Opinion of Judge Theodor Meron Nahimana, Partly Dissenting Opinion of Judge Fausto Pocar 3.
8 362 JOURNAL OF NATIONAL SECURITY LAW & POLICY [Vol. 2:355 during a war? In other words, could an individual accused of, inter alia, dismissing persons on a discriminatory basis as part of a systematic attack against the civilian population plead military necessity as a valid defense? Such a case has quite recently surfaced before the ICTY. In April 2007, the Appeals Chamber issued its judgment in the Brpanin case touching upon this question. 17 Radoslav Brpanin was a member of the Bosnian Serb leadership intent on creating a separate Bosnian Serb state, from which most non-serb Bosnians would be permanently removed. He argued that Article 27 of the Fourth Geneva Convention allowed for the termination of employment of Bosnian Muslims and Croats for security reasons. Article 27 includes the statement that the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war. 18 Brpanin essentially averred that firing dozens of Bosnian Muslims amounted to a legitimate security measure in wartime. The Appeals Chamber upheld the dismissal of Brpanin s claim by the Trial Chamber, confirming that concerns of control and security cannot be considered outside of the context within which those terminations had taken place in other words, they should be considered in light of the illegal plan to ethnically cleanse the territory claimed by the Bosnian Serb authorities. It was clear from the text of the decisions by local authorities that the real reason for the dismissals was the ethnicity of the individuals involved. The Appeals Chamber essentially explained that, when it is proven that a transfer was made on discriminatory grounds, authorities may not attempt to justify it by invoking control and security concerns. This is of course a very important statement, which makes it clear that acts in furtherance of persecutory policies may not be cloaked by seemingly lawful measures in order to avoid individual criminal responsibility. A truly independent judge in such circumstances will have to assess the real import of the measures and their intended outcome, as well as incidental effects on the victims, and come to a conclusion that does not necessarily bow in deference to the exercise of military or civilian executive power. 17. Prosecutor v. Brpanin, Case No. IT A, Judgment (Apr. 3, 2007), available at 18. Convention (No. IV) Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, 6 U.S.T. 3316, 75 U.N.T.S. 135, available at 385ec082b509e76c e636d/ d c125641e004aa3c5, at art. 27.
9 2008] PERSECUTION AS A CRIME AGAINST HUMANITY 363 V. PERSECUTION IN THE ICC STATUTE Article 7 of the ICC Statute lists as crimes against humanity, with minor variations, the acts enumerated in the 1996 Draft Code and in the ICTY and ICTR Statutes. 19 It explicitly defines persecution as the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity. 20 The ICC Statute, however, defines some aspects of crimes against humanity, and therefore also of persecution, differently than the Statutes of the ad hoc Tribunals or customary international law. First, this provision only applies if the perpetrator engages in a course of conduct involving the multiple commission of covered acts while pursuing or furthering a State or organizational policy to commit an attack against a civilian population. 21 This places limits on existing customary international law. Second, the discriminatory grounds listed by the ICC Statute are not limited to political, racial, or religious grounds, but encompass also national, ethnic, cultural, gender, and other grounds that are universally recognized as impermissible under international law. 22 This is an expansion of the law as stated in the ICTY and ICTR Statutes, and should be welcomed despite its vagueness and the possible difficulty in application. The ICC Statute makes one further departure from existing international law, and one that is very relevant to the subject of this article. Persecution under the ICC Statute must be committed in connection with other acts or crimes within the jurisdiction of the ICC. 23 Thus, it would seem that Article 7 of the ICC Statute might signal a reversion to the idea, adopted in the Nuremberg Charter, that persecutory acts may only be punished if they are committed in connection with other acts or crimes within the Court s jurisdiction. Once again, policies of discrimination not specifically linked to war crimes, genocide, or other crimes against humanity might go unpunished. But will it be so? I think it will be interesting to see how the first cases before the ICC involving persecution are tried and adjudicated. While it is true that the Statute is a treaty and that State parties will consider its wording as binding in relation to the definition of crimes punishable under the Statute, I wonder whether Article 21 does not allow greater flexibility in the interpretation of the Statute in accordance with customary international law. 19. See Rome Statute, supra note 3, at art Id. art. 7(2)(g). 21. Id. art. 7(2)(a). 22. Id. art. 7(1)(h). 23. Id.
10 364 JOURNAL OF NATIONAL SECURITY LAW & POLICY [Vol. 2:355 Article 21(1) of the ICC Statute provides that the Court shall apply: (a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence; (b) In the second place, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict Subsection (b) no doubt requires judges to consider customary international law, which lacks the requirement of a link with other crimes for persecution, when assessing individual criminal responsibility of accused persons. While of course judges will not apply rules clearly inconsistent with the wording of the Statute, it has yet to be determined what the Statute means when it states that customary international law should be applied where appropriate. This is particularly so in cases where international law takes the form of jus cogens peremptory rules that are non-derogable by treaty or by simple custom. In such instances, the Court might decide that the ICC Statute has restricted the jurisdictional scope of the applicable law on crimes against humanity. However, the Court might rule to the contrary, finding that it is bound by the current developments in international customary law because it would be appropriate within the meaning of Article 21 to apply this law together with the Statute. Only practice will tell how the interaction will play out. Another interesting issue is the exercise of the Court s jurisdiction vis-à-vis crimes committed in States that have not ratified the Statute. For example, the situation in Darfur is under investigation, after it was referred to the ICC by the Security Council, 25 but Sudan is not a party to the ICC treaty. In such circumstances, will the Court apply international law only as set out in the Statute, considering that the Statute is not binding on States like Sudan, or will the judges start applying customary international law, arguably applicable to all States and other subjects of international law, regardless of whether they have ratified the Statute? If the Court is to apply custom in relation to States like Sudan, will it apply it even when it is in contrast with the letter of the Statute for example, in relation to the connection between persecution and other criminal acts? Once again, only practice will tell. 24. Id. art. 21(1). 25. Security Council Resolution 1593 (2005), available at UNDOC/GEN/N05/292/73/PDF/N pdf?OpenElement.
11 2008] PERSECUTION AS A CRIME AGAINST HUMANITY 365 CONCLUSION The current understanding of crimes against humanity is essentially a product of the activity of the ICTY and the ICTR in the past fifteen years. The ad hoc Tribunals have indeed clarified many previously contentious aspects of the concept of crimes against humanity in general, as well as the definition and application of various specific crimes, in particular persecution. These notions have, by now, undoubtedly become well established in customary international law and will be further applied and considered by international and domestic tribunals in the future.
Sexual Violence as Weapon of War By Lydia Farah Lawyer & Legal researcher In general women face in peacetime as well as in wartime different forms of discrimination and gender based violence. But during
Le Bureau du Procureur The Office of the Prosecutor The Hague, 9 February 2006 Thank you for your communication concerning the situation in Venezuela. The Office of the Prosecutor has received twelve communications
THE JURISPRUDENTIAL CONTRIBUTIONS OF THE ICTR TO THE LEGAL DEFINITION OF CRIMES AGAINST HUMANITY THE EVOLUTION OF THE NEXUS REQUIREMENT JOHN CERONE INTRODUCTION The ICTR has made a number of significant
Prosecuting Violations of International Criminal Law: Who should be tried? Preliminary edition for distribution during the Third Session of the ICC Assembly of States Parties, The Hague, September 2004
United Nations General Assembly Sixty-seventh Session Sixth Committee Information and Observations on the Scope and Application of Universal Jurisdiction Resolution 65/33 of the General Assembly pursuant
American Foreign Policy and the International Criminal Court Marc Grossman, Under Secretary for Political Affairs Remarks to the Center for Strategic and International Studies Washington, DC May 6, 2002
International Mechanisms for Promoting Freedom of Expression JOINT DECLARATION ON CRIMES AGAINST FREEDOM OF EXPRESSION The United Nations (UN) Special Rapporteur on Freedom of Opinion and Expression, the
Roundtable discussion on Prospects for international criminal justice in Africa: lessons from eastern and southern Africa, and Sudan 8 Dec 2008, Pretoria Summary of key points & outcomes Aims of the roundtable
C o a l i t i o n f o r t h e I n t e r n a t i o n a l C r i m i n a l C o u r t C o n t a c t : A d e l e W a u g a m a n M e d i a L i a i s o n t e l e p h o n e : + 2 1 2. 6 8 7. 2 1 7 6 e m a i l
Introduction The emergence of a system of international criminal justice is a relatively new development largely dating from the 1990s onwards. International criminal law imposes criminal responsibility
CHAPTER 13: International Law, Norms, and Human Rights MULTIPLE CHOICE 1. Why did the former Secretary General of the United Nations, Kofi Annan, state that the US invasion of Iraq in 2003 was illegal?
United Nations International Convention for the Protection of All Persons from Enforced Disappearance Distr.: General 13 March 2014 Original: English CED/C/MNE/1 Committee on Enforced Disappearances Consideration
The relationship between Transitional Justice mechanisms and the Criminal Justice system Can conflict-related human rights and humanitarian law violations and abuses be deferred or suspended on the basis
Prosecuting Genocide: The ICTY and the Future of International Criminal Justice Sarajevo 11 June 2015 Serge Brammertz, Chief Prosecutor International Criminal Tribunal for the former Yugoslavia I would
The General Assembly, Distr. GENERAL A/RES/48/104 23 February 1994 Declaration on the Elimination of Violence against Women General Assembly resolution 48/104 of 20 December 1993 Recognizing the urgent
Liberty s Briefing: Forced Marriage (Civil Protection) Bill January 2007 1 About Liberty Liberty (The National Council for Civil Liberties) is one of the UK s leading civil liberties and human rights organisations.
Peace and Justice in Cyberspace Potential new international legal mechanisms against global cyberattacks and other global cybercrime An International Criminal Tribunal for Cyberspace International cybercrime
of Crimes *,** * Explanatory note: The structure of the elements of the crimes of genocide, crimes against humanity and war crimes follows the structure of the corresponding provisions of articles 6, 7
Part 1: The Origins of the Responsibility to Protect and the R2PCS Project What is the Responsibility to Protect (R2P)? R2P is an emerging international norm which sets forth that states have the primary
Judge Sang Hyun Song President of the International Criminal Court Role of Asian Lawyers in the Emerging System of International Criminal Justice 24 th Annual Conference of the Law Association for Asia
Council of Europe: European Court of Human Rights and the Parot Doctrine March 2014 The Law Library of Congress, Global Legal Research Center (202) 707-6462 (phone) (866) 550-0442 (fax) firstname.lastname@example.org http://www.law.gov
United Nations S/RES/1820 (2008) Security Council Distr.: General 19 June 2008 Resolution 1820 (2008) Adopted by the Security Council at its 5916th meeting, on 19 June 2008 The Security Council, Reaffirming
300 Appendix A Advocate for Women s Rights Using International Law The United Nations (UN) brings together almost every government in the world to discuss issues, resolve conflicts, and make treaties affecting
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December
Universal Declaration of Human Rights Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice
Committee against Torture Forty-fifth session 1-19 November 2010 List of issues prior to the submission of the second periodic report of Qatar (CAT/C/QAT/2) 1 ADVANCE UNEDITED VERSION Specific information
Miskolc Journal of International Law MISKOLCI NEMZETKÖZI JOGI KÖZLEMÉNYEK VOLUME 8. (2011) NO. 2. PP. 27-35. 1 Article 28 of the ICC Statute on Command Responsibility. The law of command responsibility
Goettingen Journal of International Law 3 (2011) 2, 589-615 Does International Criminal Law Still Require a Crime of Crimes? A Comparative Review of Genocide and Crimes against Humanity Alexander R. J.
PROTECTING HUMAN RIGHTS IN THE UK THE CONSERVATIVES PROPOSALS FOR CHANGING BRITAIN S HUMAN RIGHTS LAWS HUMAN RIGHTS IN CONTEXT Britain has a long history of protecting human rights at home and standing
United Nations Advance edited version Distr.: General 30 September 2011 CERD/C/GC/34 Original: English Committee on the Elimination of Racial Discrimination Seventy-ninth session 8 August 2 September 2011
Volume 88 Number 861 March 2006 On co-operation by states not party to the International Criminal Court Zhu Wenqi Zhu Wenqi is Professor of International Law, Renmin University of China School of Law Abstract
SEMINAR ON INTERNATIONAL CRIMINAL JUSTICE, CHALLENGES FOR DOMESTIC PROSECUTIONS AND PROGRAMMES FOR VICTIMS ACCESS TO JUSTICE AND REPARATIONS THURSDAY 26, SEPTEMBER 2013 PARLIAMENT CONFERENCE HALL, PARLIAMENT
Principles of Oversight and Accountability For Security Services in a Constitutional Democracy Introductory Note By Kate Martin and Andrzej Rzeplinski The 1990 s saw remarkable transformations throughout
COUNCIL OF THE EUROPEAN UNION Brussels, 11 February 2010 6092/10 Interinstitutional File: 2008/0140 (CNS) SOC 75 JAI 108 MI 39 NOTE from : The Presidency to : The Working Party on Social Questions on :
Slide 1 4th edition of International Spring Course Crime Prevention through Criminal Law & Security Studies t "Law and Politics of Transnational Justice: The Past, Present and Future of International Criminal
The role of lawyers in the prevention of torture January 2008 Introduction The Association for the Prevention of Torture (APT) believes that the effective prevention of torture requires three integrated
Human Rights Watch BELGIUM: QUESTIONS AND ANSWERS ON THE ANTI-ATROCITY LAW Revised, June 2003 What does the Belgian anti-atrocity law provide? The 1993 law, amended in 1999 and again in 2003, gives Belgian
Case 106-cr-00271-PLF Document 24 Filed 03/14/2007 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. GUSTAVO VILLANUEVO-SOTELO, Defendant. CRIMINAL
This policy paper defines a general strategy for the Office of the Prosecutor, highlights the priority tasks to be performed and determines an institutional framework capable of ensuring the proper exercise
Address to the United Nations General Assembly 30 October 2008 Judge Philippe Kirsch President of the International Criminal Court (English only version) Check against delivery Maanweg 174, 2516 AB The
EUROPEAN COMMISSION Brussels, XXX C(2013) 8179/2 COMMISSION RECOMMENDATION of XXX on the right to legal aid for suspects or accused persons in criminal proceedings EN EN COMMISSION RECOMMENDATION of XXX
International Criminal Law Sources in the Jurisprudence of the Inter-American Court of Human Rights Some Comparative Considerations Juan Pablo Pérez-León Acevedo *, December 2008 I. INTRODUCTION The Latin-American
Human Rights Act 1998 (c. 42) 1 SCHEDULES SCHEDULE 1 Section 1(3). THE ARTICLES PART I THE CONVENTION RIGHTS AND FREEDOMS ARTICLE 2 RIGHT TO LIFE 1 Everyone s right to life shall be protected by law. No
ESTABLISHING AN INTERNATIONAL CRIMINAL COURT MAJOR UNRESOLVED ISSUES IN THE DRAFT STATUTE A Position Paper of the Lawyers Committee for Human Rights August 1996/Updated 1996 by the Lawyers Committee for
Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Note that not every case goes through all of the steps outlined here. Some states have different procedures. I. Pre-Trial Crimes that would
Office of the United Nations High Commissioner for Human Rights Human Rights, Terrorism and Counter-terrorism Fact Sheet No. 32 NOTE The designations employed and the presentation of the material in this
EXTRADITION UP-TO-DATE FULL TEXT TRANSLATIONS of the EXTRADITION LAW 5714-1954 and the EXTRADITION REGULATIONS (LAW PROCEDURES AND RULES OF EVIDENCE IN PETITIONS) 5731-1970 1. Extradition only under this
NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 130903-U NO. 4-13-0903
CRIMINAL LAW & YOUR RIGHTS MARCH 2008 1 What are your rights? As a human being and as a citizen you automatically have certain rights. These rights are not a gift from anyone, including the state. In fact,
25 th VOLUME SYMPOSIUM THE UNITED NATIONS WAR CRIMES COMMISSION AND THE ORIGINS OF INTERNATIONAL CRIMINAL JUSTICE I. INTRODUCTION Twenty-five years ago, this journal was founded out of a conviction that
Corporal punishment of children in Mozambique Report prepared by the Global Initiative to End All Corporal Punishment of Children (www.endcorporalpunishment.org), last updated July 2016 Child population
World Applied Sciences Journal 26 (8): 1094-1099, 2013 ISSN 1818-4952 IDOSI Publications, 2013 DOI: 10.5829/idosi.wasj.2013.26.08.17002 Juridical Personality of a Defense Lawyer in the Context of International
Draft Resolution for the United Nations Human Rights Council 30 th Session, September 14-25, 2015 Situation of Human Rights in Venezuela The Human Rights Council, Guided by the Charter of the United Nations
Annex 1 Primary sources for international standards 1. The United Nations The 1948 Universal Declaration of Human Rights Article 20 1. Everyone has the right to freedom of peaceful assembly and association.
Rome Statute of the International Criminal Court Text of the Rome Statute circulated as document A/CONF.183/9 of 17 July 1998 and corrected by process-verbaux of 10 November 1998, 12 July 1999, 30 November
The Impact of Palestine s Accession to the Rome Statute on the Settlement Enterprise Diakonia International Humanitarian Law Resource Centre December 2015 The Impact of Palestine s Accession to the Rome
Erbil Declaration Regional Women s Security Forum on Resolution UNSCR 1325 The Women s Security Forum on Resolution No 1325 for the Middle East and North Africa (MENA) region concluded its work in Erbil
Cooperation with the International Criminal Court Act (2002:329) Issued: 8 May 2002 Entered into force: 1 July 2002 General provisions Section 1 If the Court established under the Rome Statute of the International
COMMITTEE OF EXPERTS ON TERRORISM (CODEXTER) CYBERTERRORISM THE USE OF THE INTERNET FOR TERRORIST PURPOSES UNITED STATES OF AMERICA September 2007 Kapitel 1 www.coe.int/gmt The responses provided below
Rome Statute of the International Criminal Court Rome Statute of the International Criminal Court The text of the Rome Statute reproduced herein was originally circulated as document A/CONF.183/9 of 17
Sudan s new law on rape and sexual harassment One step forward, two steps back? Introduction 8 March 2016 In February 2015, Sudan passed a number of amendments to the 1991 Criminal Act, including long-
Le Bureau du Procureur The Office of the Prosecutor Mr. Luis Moreno-Ocampo Prosecutor International Criminal Court The Tenth Anniversary of the ICC and Challenges for the Future: Implementing the law Speech
ANTI-DISCRIMINATION LAW IN SWITZERLAND Legal Memorandum March 2013 EXECUTIVE SUMMARY The purpose of this memorandum is to provide an overview of the structure and content of anti-discrimination laws in
Since the War on Iraq began on 20 March 2003, concerns have been raised with regards to the treatment of Prisoners of War (POW) by both sides to the conflict. --------------------------------------------------
The Legal Framework for Universal Jurisdiction in the Netherlands Copyright 2014 Human Rights Watch All rights reserved. Printed in the United States of America Cover design by Rafael Jimenez Human Rights
Expert Opinion: Limits of the right of expropriation (requisition) and of movement restrictions in occupied territory Submitted by Michael Bothe Dr.jur. Professor emeritus of international law, J.W. Goethe
Mr Ahmed Ibrahim Al-Tahir Speaker of the National Assembly The Peoples Hall Omdurman, Postal Code: 14416 Sudan By email: email@example.com CC: Mr Abdul-Basit Sabdrat, Minister of Justice Aljamha
European Court of Human Rights Questions & Answers Questions & Answers What is the European Court of Human Rights? These questions and answers have been prepared by the Registry of the Court. The document
THE CHARTER AND STUDENT HANDOUT SECTION 1 OF THE CHARTER The Canadian Charter of Rights and Freedoms, enacted in 1982, changed the law so that Canadians now have constitutionally guaranteed rights that
United Nations International Covenant on Civil and Political Rights CCPR/C/MEX/CO/5 Distr.: General 17 May 2010 English Original: Spanish Human Rights Committee Ninety-eighth session New York, 8 26 March
France: candidate to the Human Rights Council Human rights are among the founding values of the French Republic and lie at the heart of its foreign policy. France is presenting its candidacy to the Human
AFRICAN HUMAN RIGHTS LAW JOURNAL Criminal justice through international criminal tribunals: Reflections on some lessons for national criminal justice systems George William Mugwanya* Advocate, Uganda Court
United Nations S/RES/1674 (2006) Security Council Distr.: General 28 April 2006 Resolution 1674 (2006) Adopted by the Security Council at its 5430th meeting, on 28 April 2006 The Security Council, Reaffirming
AMERICAN BAR ASSOCIATION CRIMINAL JUSTICE SECTION REPORT TO THE HOUSE OF DELEGATES RECOMMENDATION RESOLVED that the Congress should enact legislation to require the president to: 1. Report to the Congress
Multiple Choice Questions STUDENT STUDY GUIDE CHAPTER TWO 1. A court s application of prior judicial rulings to similar cases is the use of a. Substantive law b. Precedent c. Civil law d. Evidence 2. What
College Safety Offices North Campus Spring Student Center Room 5 Phone 85-4 South Campus Building 5 Room 5 Phone 85-6 City Campus Main Building Room Phone 85- For emergencies call 76-7-4545 or 9 www.ecc.edu
Gen o cide (n): the deliberate and systematic extermination of an ethnic, racial, religious or national group United Nations OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE Far from being consigned
Naime Ahmeti A DEFENDANT RIGHTS OF THE DEFENDANT IN CRIMINAL PROCEEDINGS ABSTRACT Rights of the defendant in criminal proceedings are guaranteed by the Constitution and the Criminal Procedure Code of Kosovo,
United Nations Convention on the Rights of the Child CRC/C/OPAC/NLD/CO/1 Distr.: General 5 June 2015 ADVANCE UNEDITED VERSION Original: English Committee on the Rights of the Child Concluding observations
Human Rights Council Eleventh Session Resolution 11/3. Trafficking in persons, especially women and children The Human Rights Council, Reaffirming all previous resolutions on the problem of trafficking
PARLIAMENT OF ROMANIA Chamber of Deputies Senate LAW No. 302 of 28 June 2004 on international judicial co-operation in criminal matters as amended and supplemented by Law No. 224/2006 TITLE I GENERAL PROVISIONS
Case: 12-13381 Date Filed: 05/29/2013 Page: 1 of 12 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-13381 Non-Argument Calendar D.C. Docket No. 3:11-cr-00281-RBD-JBT-1
United Nations International Covenant on Civil and Political Rights CCPR/C/HUN/CO/5 Distr.: General 16 November 2010 Original: English Human Rights Committee 100th session Geneva, 11-29 October 2010 Consideration
Your consent to our cookies if you continue to use this website.