...The international criminal law entails criminal responsibility of individuals for the commission of criminal acts involving grave breaches of fundamental rights. The international legal system experienced renaissance of ideas, starting from the establishment of Nuremberg and Tokyo tribunals, which established individual criminal responsibility for the massive violations of human rights and breaches of the laws of armed conflicts. As mentioned in the Nuremberg judgement: ‘crimes against international law are committed by men, not abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced... Individuals have international duties which transcend the national obligations of obedience...
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...To understand the depth of the issues at hand, it is essential to have a little background knowledge in terms of what international criminal law constitutes. International criminal law is a body of international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. It is essential not just for the purpose of the assignment but for the subject as a whole to simplify first and foremost the core elements and then to tackle the issues in the paper. Having this at the back of the mind, I shall now proceed to tackle the issues in the problem question. The first thing that can be identified in general is the fact that the topic revolves around genocide. What is genocide ? A general definition of genocide is the deliberate killing of a large group of people, especially those of a particular ethnic group or nation. I stress this definition of genocide as “general” due to the fact that there are indeed too many loopholes regarding it e.g what is regarded as a group but that is a discussion for another day. Let us now tackle the issues in the scenario. The first thing we can identify in the scenario is the presence of authority. We are told that General Davic is a a Serbian commander of paramilitary forces. He also forced young children to engage in the acts through the use of his troops. He also instructed them to rape the women which is...
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...Some countries like a South Africa has adopted the international crime prosecution Treaty (“the Rome Statute”). This means that under ordinary domestic law (the ICC Act)** the South African investigative authorities have the power to prosecute anyone who has committed torture, or a crime against humanity anywhere in the world, if the perpetrator is in the country (at any time when investigation is contemplated). Jurisdiction is also established irrespective of the perpetrator’s place if the victim is a South African citizen. A top South African court has declared that the country's police and prosecutors are obliged to investigate allegations of torture and crimes against humanity committed by Zimbabwean government officials, against Zimbabweans, in Zimbabwe. The court said the police were empowered to investigate the alleged crimes "irrespective of whether or not the alleged perpetrators are present in South Africa". Sworn statements gave what the South African court called "a graphic picture" of torture allegedly carried out on members of the opposition Movement for Democratic Change after a raid on its offices in Harvest House, Harare*: "They describe severe physical assaults being perpetrated, which included the use of truncheons, baseball bats, fan-belts and booted feet" the court said. "There are accounts of victims being suspended by a metal rod between two tables; of being subjected to water boarding; and of electrical shocks being applied to the genitals of some of...
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...Criminal Justice is a very tricky subject throughout the world. No two countries share all the same moral beliefs, thus leading to differing laws in each country. Something that may be against the law in Japan may not be against the law here in America and vice versa. This is where international law comes into play. When crimes are committed against persons of other countries, International Law may step in to handle the case. Globalization has opened up a new door to criminal all across the world. As the world one “true” superpower, America should be involved in more aspects of International Criminal Justice. Over the course of so many years, America has established itself as the country to turn to when conflicts erupt. Not only have...
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...Criminal Liability of Corporation: An Indian Perspective Manjeet Kumar Sahu* Abstract Current Supreme Court’s decision have made the stand apparently clear in India that the Corporation can be prosecuted as a separate legal entity even in the offences where the punishment is imprisonment. This Paper explains the present status of India on Corporate Criminal Liability and how judicial decision is inconsistent with the legal provisions. It further provides the current situation about the corporate criminal liability in the International scenario. The apex court’s decision under various matters reflects the gravity of the concerned problem i.e being faced by the aggrieved parties. The Concept of “No soul to kick” has become obsolete and applicability of lifting the corporate veil has unveiled the sheath. The current research on this subject have been included and it is substantiated with the effect of recent Supreme Court’s judgement and also focused on the dilemmatic situation of the Court’s decision. Keywords: Corporation, Criminal Liability, Judicial Decision, Legal provision, International Scenario, Dilemmatic Situation. Introduction A company can only act through human beings and a human being who commits an offence on account of or for the benefit of a company will be responsible for that offence himself. The importance of incorporation is that it makes the company itself liable in certain circumstances, as well as the human beings. ---------Glanville Williams The...
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...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently...
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...Performance and Actions of Law Name Course Date Instructor Performance and Actions of Law Albert Einstein according to BrainyQuote once said, “Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced,” (para. 1). Laws are intended to be a model and regulations make use of common sense. However, an individual may argue that a law is carried through ethics. Laws perform and actions enforce the law in business as well as in society. Meaning of Law According to Bryan Gates Attorney at Law (n.d.), “law is the set of rules that guides our conduct in society and is enforceable through public agencies,” (para. 2). Some rules of conduct according to Bryan Gates Attorney at Law (n.d.), “are considered so important that they are enforced through the government,” (para. 3). Fundamentally law is the benchmark and authority assist in executing conduct, supervising disputes as well as grasping illegal activity. Roles of Law The law delivers several directions in society as well as business. This is most credible in three arrangements. Criminal law is one classification where the law is a social charge of crimes and is arraigned by governing bodies (Melvin, 2011). Along with criminal law civil law is when private affairs may bring lawsuits against one another for wrongdoings (Melvin, 2011). For example, if an individual causes destruction to property or to a person the civil law would be the lawsuit that...
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...Laws play a large role in society and in business. The function of law and how it is applied depends on if the issues are a intrastate or interstate and if local laws of federal laws need to apply. In commerce it varies and how those powers are applied can vary. In the example of Cipollone v. Liggett Group, Inc. commerce powers show an example of how state laws were applied to advertising showing that the company could be liable for advertising that had a negative outcome. During the case Cipollone brought up that under state law the Liggett Group was involved in false advertising and was part of a conspiracy to withhold information about the dangers of smoking (Melvin, 2011). The argument the Liggett Group had was that federal laws in place preempted any state law (Melvin, 2011). The ability of courts to decide how commerce is handled comes from the commerce clause. In the case Gonzales v Raich 2005 according to Exploring Constitutional Conflicts “Congress first can regulate the channels of interstate commerce. Second, Congress has authority to regulate and protect the instrumentalities of interstate commerce, and persons or things in interstate commerce. Third, Congress has the power to regulate activities that substantially affect interstate commerce.” This means that businesses that conduct operations between different states fall under Federal guidelines, and the courts will often review the disputes based on the laws set by Federal precedents over those of state law...
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...gun and nightsticks to perform their duties and include in late 1870’s the use of telegraph and telephones, the installation of police call boxes and the adoption in 1880’s of the Bertillon system of criminal identification and in the turn of century, the use of fingerprinting systems to assist law enforcement agencies to identify and apprehend criminal offenders, whatever technological development have made there’s only one goal for these officers is to serve and to protect innocent lives. The criminal justice system also has to advance in ways to communicate with different agencies because communicating quickly and effectively can positively affect the results of prosecuting the offenders such as gathering and preserving evidences, collecting and recording interviews with victims and witnesses. “Computers have provided police with important technological advances like computer mapping to pinpoint crime areas”. (William Bratton, former New York City, Police Commissioner)There are many specialized and newer technologies that are available in the market and used today by different law enforcement agencies, such as the IAFIS (Integrated Automated Identification Fingerprint System), facial recognition, and mobile data terminals, Iris scan and specialized databases such as the Criminal Justice Information System, offender management systems, and victim notification systems which is link to the Federal Bureau Of Investigation’s National Crime Information System(NCIC)....
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...Controlling Organized Crime Throughout this paper the many factors of criminal organizations will be covered. Some of the theories will be discussed to give one a better understanding of how organized crime comes to be. Also, some of the issues that occur as a result of organized crime, the legal limitations associated with combating organized crime, a federal law that supports anti-crime efforts, and a realistic solution for controlling organized crime will further be presented (University of Phoenix, 2010). Problems of Organized Crime In recent years, international organized crime has expanded considerably in presence, sophistication, and significance, and it currently threatens many aspects of how Americans live, work, and does business. International organized crime promotes corruption, violence, and other illegal activities, jeopardizes the border security, and causes human misery. It undermines the integrity of the banking and financial systems, commodities, securities markets, and cyberspace. In short, international organized crime is a national security problem that demands a strategic, targeted, and concerted United States Government response (International Organized Crime, 2008). Organized crime members are calculating and sophisticated and realize that their actions not only have criminal consequences but also are constantly under the scrutiny of law enforcement agencies. This scrutiny causes the criminals to be secretive, cautious, and evasive. Organized crimes such...
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...general's office. The father and the company:: have a conflict of interest. 24. Corruption in international business operations:: undermines investment. Due process rights are: found in the fifth and fourteenth amendments. Due process rights are part of the:: Fifth Amendment. Expropriation is not: the act of state doctrine. Expropriation:: is the taking of private property by a government. Federal district courts have subject matter jurisdiction:: over criminal cases involving federal statutes. Foreign businesses conducting business within the United States:: are subject to both its civil and criminal laws. Gaining access to federal databases is a violation of the:: Federal Computer Fraud and Abuse Act. GATT is an example: of a multilateral treaty. GATT stands for the General Agreement on Tariffs and Trade, and is: an agreement among 100 countries to increase trade by reducing tariffs. 2. 25. 3. 26. 27. 28. 4. 5. 6. 7. A consent decree is comparable to: a nolo contendere plea A consent decree:: is the same as a plea of nolo contendere. A default in a lawsuit is like: a forfeit in sports. A federal district court has subject matter jurisdiction over cases in which: the United States is a party. A juror can be eliminated from a jury panel:: because one of the attorneys feels uncomfortable about the juror or his attitude. 29. 30. 31. 8. 32. 33. 9. A law that requires a review of the work of an agency and its effectiveness before the agency will...
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...one of the assaulters was a 17 and half year old. These incidents have shocked the conscience of humanity. The tragic link between the three cases across different jurisdictions is increasing number of heinous crimes committed by juveniles. In the first case Jordan Brown was charged for shooting and adjudicated guilty. He was initially tried as an adult but after spending three years in detention he was tried as a juvenile. In the second case, the 14 year old was initially booked into juvenile detention for rape but later was charged as an adult with heavy fine. While in the ‘Delhi Gang-Rape Case’ the 17 and half year old boy was tried as a juvenile and was sent to detention facility for a period of 3 years. Comparing the juvenile justice laws as USA had not ratified the...
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...recognized as a criminal activity which causes serious social and economic damages. The traditional method of money laundering is through financial institutions. However, with the development of new science and technology the approaches of money laundering have become more and more diverse. This paper is discussing the legal and ethical issues which surround this topic, as well as, develop an analysis for the ethical concerns raised by the laundering of money. The writer will then provide explanations from at least three relevant areas of law that have been discussed throughout the course and assess each area as it applies to money laundering. Finally, the write will provide recommendations on this situation to reduce liability exposure and improve the ethical climate or the overall ethics of money laundering. Is money laundering a real problem in the world today? I. Introductions There are many ethical issues that can arise in the course of operating a small business. A comprehensive understanding of the different types of ethical issues will help you to identify and handle this situation’s responsibility to maintain core business values. Let’s look at this scenario for example, money laundering. This paper is discussing the legal and ethical issues which surround this topic, as well as, develop an analysis for the ethical concerns raised by the laundering of money. The writer will then provide explanations from at least three relevant areas of law that have been...
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...Accountability has become Hostage of Plea Bargain. Does Plea Bargaining Undermine the Criminal Justice System? Legal and Social Impacts on Society. Student’s Name Institution Contents 1.1 Background to the Study...............................................................................................4 1.2 Purpose of the Study.....................................................................................................5 1.3 Research Objectives......................................................................................................5 1.4 Research Questions.......................................................................................................6 1.5 Significance of the Study..............................................................................................6 2.0 Methodology/ Research Design.....................................................................................6 2.1 Sampling Design............................................................................................................7 2.2 Sample Size....................................................................................................................7 2.3 Data Collection and Analysis.........................................................................................7 2.4 Validity and Reliability..................................................................................................8 2.5 Skills Required......................
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...Criminal Conduct and Criminal Law LEG 320 July 25, 2014 Strayer University CRIMINAL CONDUCT AND CRIMINAL LAW Actus rea and mens rea are both important elements to convicting anyone for any crime. The actual commitment of a criminal act is actus rea. The guilty or criminal mind state is mens rea. Despite the fact that both actus rea and mens rea do not have to exist a conviction is still very feasible. When a criminal act is committed and the individual does not have to mens rea or guilty mind in some instances without the required mental state no crime is committed. Persons incapable of entertaining the required criminal mind because of legal insanity have not committed a crime. Working with individuals who have been diagnosis with mental retardation has really opened my mind to the element of mens rea when the individual has done something illegal. Some of the individuals have it in their mind that because the have been diagnosis with mental retardation they can not be held responsible for the criminal act they may commit or have committed, I have even heard many of the individuals say it. Does this mental state qualify them of the required state of mind for conviction? Immunity as a defense works in some cases not all. Immunity is the exemplification from criminal prosecution based on statues, the U.S. Constitution or international agreements. Diplomatic immunity is granted to those who are visiting foreign officials. Diplomatic immunity can also be waived by...
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