...The ICC also has the jurisdiction to prosecute those who commit war crimes. According to Article 8 of the Rome Treaty, war crimes means willful killing, torture or inhuman treatment including biological experiments, purposely causing great suffering or serious injury to body or health, extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully, enticing a prisoner of war or other protected person to serve in the forces of a hostile power, depriving a prisoner of war of the rights of a fair trial, unlawful deportation or transfer, unlawful confinement, and taking of hostages. These laws apply to armed conflicts not of international nature, but rather apply to armed conflicts that take...
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...Running head: War Crimes and the International Community War Crimes and the International Community Abhishek Gandhi Professor Farber Sociology 300 Summer 2012 Abstract What are war crimes? Inhuman acts have been committed in all wars throughout human history. It has only been in the last 2 centuries that certain acts that were committed during war were found to be so reprehensible that they were labeled war crimes. Even thought these acts were committed during the "fog of war", they still merited punishment in a court of law in the eyes of the international community. When military and political leaders began to systematically target large civilian groups because of their nationality, ethnicity, gender or religion, then the international community began to see the necessity of holding political leaders accountable for their political decisions in a court of law, (Hauss, 2003). After World War II, when the atrocities of the Holocaust became well known, the victorious Allied powers decided to hold war crimes tribunals to punish the political and military leaders of Germany and Japan. The Nuremberg and Tokyo trials were the first of their kind in establishing international precedent for the prosecution of war crimes. Later war crimes that were committed in Yugoslavia and Rwanda resulted in the creation of separate tribunals by the United Nations to punish the leaders who perpetrated these acts. Attempts are...
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...To what extent can the bombing of Dresden (1945) be perceived as a war crime according to international law today? The analysis that is set out hereafter presents the case that there is a strong argument that the Dresden bombing CAN be perceived as a war crime. There have always been elements of controversy attached to it for a few important reasons with the main issue of concern being why this city was chosen as a target after five years of war. Some of the reasons proffered are as follows: a) The city was part of Nazi Germany and therefore could be legitimately attacked in the ordinary scheme of things. The Allied forces were after all at war with Nazi Germany b) There was the belief that the city was being used under the cover of...
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...to the early eighteen hundreds established to justify a war or hold individuals accountable for cruel and inhumane treatment during a time of war, but not always adhered to by countries. The United Nations established international laws such as the Nuremberg Principles and the Genocide Convention to hold individual responsible for crimes against humanity. Countries have engaged in war crimes for thousands of years in violation of the established laws and customs of war. Torture, rape, massacres, genocide, and atrocities documented over centuries continue today. This paper will discuss some of the heinous crimes committed during War World II Holocaust and the Hutu massacre of the Tutsis. War Crimes the Executioners and the Victims of Genocide Military powers around the world inflict some of the most atrocious crimes against humanity, and in each case, there are executioners and victims of these crimes that never get fair justice. “ The German concentration camps of World War II, the horrors of the Vietnam War, the prolific rape and brutality during the break- up of the former Yugoslavia and the Hutu massacres of the Tutsis in Rwanda,” ("20th Century," n.d., p. 5) are just a few named conflicts that displayed devastating atrocities. The executioners in the World War II Holocaust and the Hutu Massacres in Rwanda caused terrible massacre to the human race more than any other conflict in history. These crimes all have a negative impact on the country and the citizens...
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...Children that are affected by war crimes have their lives turned upside down but they never give up to reach the peace they always sought. Looking back at Disney’s Peter Pan the lost boys were those who fought off pirates and crocodiles before flying off to Never Never Land. The same goes for the youth in Africa where they sought refugee, and fled the camps by whatever means necessary. In the book What Is The What Valentino describes his journey to America to be a miracle, having gone through a dark road which he finally reached the light of. It was because of The Lost Boys Foundation that many lives have been turned around and children have been saved. During the civil war in Sudan in which over 2 million people had died, children were left orphaned; and were living in camps that weren’t run efficiently. Nearly 30,000 children left the camps on a journey to find a place to call home, they faced attacks from animals, starvation, illness’s, even attacks from Soldiers their, yet approximately 11,000 survived. The foundation has made dreams come through one change at a time. Many of these adolescents have not been exposed to what is so accustomed to us; spoons, forks, cell phones, and TV’s. “It’s a group that’s lost in time,” says Sasha Chanoff an American at the camp who prepares the children for their journey to America. The articles show that The Lost Boys Foundation is an effective organization that does their best to assist refugees. According to Mary-Jayne Mckay CBS reporter...
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...person comes to mind and it is a choice that I don’t take lightly because of what he did before he turned his life around. Liberia and Sierra Leone were the scenes of human atrocities that war caused and brutality against human kind that man conducted. The hacking off of limbs and raping of women were just some of the crimes committed against humanity. One man in particular was the most brutal of all. His name is known as General Butt Naked. Known for going into battle only with ammo a weapon and shoes, his army of kidnapped and drugged child soldiers committed killings of other women men and children under his command. After the war this General was visited by a priest and told him that he would atone for his crimes and raise up the very people he destroyed. During the war crimes tribunal, amnesty was offered to all those who committed crimes and killings during the war. The only person who showed up was General Butt Naked. He was pardoned for his crimes because of what he had been doing before the tribunal. This man raped killed and mutilated people without thought. But he did something that changed my mind and life after watching his documentary. He gave his life to God and began a crusade by saying two words, “I’m sorry.” He went to every village, home and person that he committed these crimes against and apologized. He gave up his life and used it to start the process of reconciliation and forgiveness. I don’t take what he did lightly and I would not call him a great person,...
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...of three judges, two men and one woman, had an unprecedented opportunity to clarify whether rape during internal armed conflict constitutes genocide as well as a crime against humanity. Nongovernmental organizations worked to "engender" the Tribunal while holding accountable the Hutu leaders who orchestrated genocide. The critical 1998 verdict influenced states negotiating improved standards for the prosecution of sexual violence and the creation of a permanent International Criminal Court. "Rape and Genocide in Rwanda" addresses current issues of international law, human rights, women in politics, African Studies, judicial procedure, legal and moral reasoning. RAPE and Genocide IN RWANDA: The ICTR’s Akayesu Verdict CASE OUTLINE I. An Unprecedented Opportunity Glossary and Map II. Prior Responses to Sexual Violence in War A. From “Time Immemorial” to 1948 B. From the 1949 Geneva Conventions to an International Criminal Court III. Genocide In Rwanda A. A Colonial Legacy of Ethnic Division B. Mass Killing, Rape and the 1994 U.N. Withdrawal IV. The U.N. Creates a Criminal Tribunal for Rwanda V. The Trial of Jean-Paul Akayesu Trial Chronology and Key Individuals VI. Issues for Judgment A. Threshold Requirements B. Distinctive Crimes? VII. The ICTR’s Akayesu Verdict A. The Decision and Rationale B. Issues on Appeal Akayesu’s Right to Counsel and an Impartial Tribunal ...
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...Criminology There are many crimes and they are put into categories. The categories are Technological crime, state crime, moral Crime, individual crime and white collar crime, these types of crime are not alike and do not link. E crime; This is a technological crime and basically is the use of networked computer or internet technology to commit or facilitate the commissions of crime. Types of e crime; A type of e crimes is hacking, this is when someone goes through another person’s computer without permission and can access information and details. A specific example of e crimes is when a 15 year old boy (computer hacker) caused a 21 days shutdown of NASA computers that support the international space station, and he invaded Theoeutagons database compute stealing details. Because he was the youngest hacker of all time he was only given 6 months in jail. He caused a criminal offence of theft, data breach, privacy act and hacking. The public was very aware of this crime and now they take a lot caution and there are lots of people who inform people and teach them how to prevent hacking. It was well publicised because the newspapers thought that it would sell and get the people talking about the crime and make people argue whether the sentence was right or wrong because he is only a kid. Another type of e crime is Theft, this is occurs when a person violates copyrights and downloads games, music and software’s illegally. A specific example of e crime theft is when Maccapayad...
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...New Type Of Politics Social Issue: War on Drugs America has been in the one of its longest wars since 1971. Not against another country’s but, against its self. It’s our public enemy number one, as declared by Richard M. Nixon, and is the war on drugs. Sadly, little effect has occurred. We spend nearly $51,000,000,000 dollars as a country on the war on drugs annually. In turn, drug use is still soaring high and money keeps getting spent. This needs to be fixed. The war on drugs has a great cause but, sadly it has little effect to back it up. It’s idea of making America better is awesome but, their plan of doing so is terrible. So far, we have the largest prison population but we have less than 5% of the world’s population. As you probably could have guessed, most of them have drug crimes as part of or as the prison sentence. A good bit of these drug crimes are harmless such as just the use of it alone. So, if you’re wondering where you’re tax dollars are going, most of it is going to keep these people in jail. So, the government is trying to stop drug use and drug related crimes. That sounds amazing but, sadly, teens report that illegal drugs are easier to obtain than controlled, legal, age-regulated alcohol. What does that mean you ask? It means that the drugs we have a war on are easy to give, get, and use and when your under 21, its way easier to get than alcohol which we have no problem with. So basically, we’re fighting a useless war. In fact, the only positive of this...
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...Categories of Crime Cherina Harrell Instructor Alina Perez-Sheppe Introduction to Criminal Justice Oct.3, 2011 In America there are five categories of crime. They are felonies, misdemeanors, offenses, treason and espionage and inchoate offenses. The first on that I am going to discuss is a felony. A felony is a crime punishable by imprisonment for more than twelve months. A person can also get life I prison or lethal injection for a felony. A felony can also be grouped as violent or non violent offenses. The rank of seriousness differs in many states. In New York State, the felonies are ranked in classes such as E, D, C, B, AI and AII. AI is the most severe. Other states rank numerically such as capital, life, 1st degree, 2nd degree and so on. A felony includes offenses as terrorism, treason, arson, kidnapping, burglary, robbery, rape, and murder. If a person gets convicted of any of these offenses they could receive up to 25 years imprisonment of life imprisonment. The second crime is a misdemeanor. A misdemeanor is a lesser criminal act than a felony and is usually punished by paying a fine. The imprisonment for a misdemeanor may include offenses such as drug possession, petty theft and simple assault. The state government and the federal government classify misdemeanors into different classifications, Class 1, Class 2, Class 3, and Class 4 according to the seriousness of the crime. A misdemeanor is tried different in court than a felony. A misdemeanor crime doesn’t...
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...Through the new era of crime; it triggered criminologists, theorists, and technology to think outside of the box to counter act the war on crime. Harold Pepinsky and Richard Quinney introduce a new perspective called peacemaking criminology (Moloney, 2009). Peacemaking criminology is a nonviolent approach to eliminate other forms of interpersonal violence and harm (McEvoy and Newburn, 2003). It gets to the root of the problem; not just scratching the surface like the current method of correcting a problem. Peacemaking criminology can influence the concerns of mandatory arrest policies, domestic violence, and community policing that have been problematic for years (Moloney, 2009). In order to solve a problem you must get to the root of...
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...Nick Smith Mrs. Relyea Ethics 16 October 2016 Mass Incarceration In the U.S. Incarceration in America is a seriously flawed system. Now, crime is bad; bad things happen to good people, and that’s terrible, something should be done about it. This is not always done properly in the U.S. These wars on crime, wars on drugs, they are wars on people; the smart political move is to appear tough on crime because crime is scary, so we increased minimum sentences, we arrested more people, we sent more of them to prison. That's how we looked tough on crime, but the results are in: it's bad policy. It's cruel, it's shortsighted, and to continue this policy of mass incarceration would be foolish. The dehumanization of prisoners and the turn to for-profit prisons has created economic problems in our country and has created massive rifts in today’s society....
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...In 1899 and 1907, the Hague Conventions represents the first codification of the laws of war in an international treaty . Additionally, the Hauge Conventions created obligations to the States to criminalize and condemn war crimes. The International Criminal Court (ICC) was established to investigate and prosecute individuals accused of genocide, crimes against humanity, war crimes, and crimes of aggression. In 1943, the United Nations Commission for the Investigation of War Crimes was established to begin prosecuting WWII crimes. The commission established the Charter of the International Military Tribunal in 1945. The Nuremberg Trials indicted 24 Nazi leaders for crimes against peace, war crimes, and crimes against humanity. The trials resulted in twelve of the twenty-four leaders sentenced to death...
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...Should a new National Security (Legislative Provisions) Bill to implement Article 23 be reintroduced, what form should it take? Chan Ka Hon 10085761 Chui Ho Ling 10272285 Law Ka Ming 10194641 Pang Shu Mei 10176417 Wong Chun Kit 10012441 Background When considering whether the Article 23 should be reintroduced, we should comprehensively look into its historical background and the consequence of its implementation. The Basic Law established certain “connecting doors” between the HK and Mainland legal systems that permit the Central People’s Government (CPG) to regain control should HK ever stray too far from established policies such as the Art.17, Art.18 and Art.158. Of all the opportunities for the CPG to influence HK, Art.23 is the one caused the greatest public concerns. The discussion of Art.23 started since the drafting of the Basic Law in 1985 to implement China’s basic policies towards HK. One of the five subgroups under the Basic Law Drafting Committee was responsible for drafting to govern the relationship between the CPG and HK which included Art.23. The Consultative Committee composed of the HK members recommended in 1987 that the Basic Law should require the HK Government to enact laws to protect China’s unity and territorial integrity. The relevant article drafted in PRC legal language: “The Hong Kong Special Administrative Region shall prohibit by law any act designed to undermine national unity or subvert the Central People’s Government” ...
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...harbor immense impacts on the criminal justice system. Furthermore, corrections, courts, and the police additionally take part in establishing retribution. Contemporary and future trends are going to and have direct impacts on the duties of the criminal justice system. Recently technology has been influencing the criminal justice system and will remain. In the forever-changing world of technology, the criminal justice system must keep up with recently developed technologies. This essay will explain recent and future trends and contemporary issues affecting the criminal justice system and the value of the criminal justice system in a changing society. Past, Present, and Future Trends Crime and law enforcement is in a unique period that has been going on for over 30 years. During the 1960s crimes presented to police skyrocketed and more criminals being apprehended. Lawmakers started enacting strict laws that expanded punishments for criminals, the amount of legal cases prosecuted by the court of...
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