This document provides an overview of international criminal law. It discusses the sources of international criminal law, including treaties, customary international law, general principles of law, and judicial decisions. It then examines some key concepts in international criminal law, such as crimes against humanity, war crimes, and genocide. The document notes that international criminal law places responsibility on individuals, rather than states. It also discusses the Rome Statute and the International Criminal Court.
This document provides an overview of the jurisdiction and admissibility of the International Criminal Court as outlined in the Rome Statute. It discusses the four forms of jurisdiction the ICC possesses: temporal, personal, territorial, and subject-matter. Temporal jurisdiction refers to the time period of committed crimes. Personal jurisdiction involves which individuals can be prosecuted. Territorial jurisdiction covers which locations the ICC can exercise its powers. Subject-matter jurisdiction outlines the four international crimes the ICC can prosecute: genocide, crimes against humanity, war crimes, and crime of aggression. The document also examines the principles of complementarity and ne bis in idem regarding admissibility of cases.
The document discusses trials held by international courts, including the trials of Saddam Hussein, Slobodan Milosevic, and cases handled by the International Criminal Tribunal for Rwanda. It provides background on the International Court of Justice and describes some of the major cases they have heard. Specifically, it outlines the charges against Saddam Hussein for crimes against humanity, the charges against Milosevic for genocide and crimes against humanity, and precedents set by the ICTR, including the first time rape was classified as genocide.
Jurisdiction active and passive personality, protective principle andAbsar Aftab Absar
The document discusses different principles of jurisdiction that states can exercise, including territoriality, nationality (active and passive personality), protective principle, and universal jurisdiction. It provides examples of how different states have applied these principles in national courts. The principles evolved to address transnational crimes and situations where territoriality alone was insufficient. Universal jurisdiction in particular remains an evolving principle that requires state consent through treaties or custom to apply to specific offenses.
The International Criminal Court (commonly referred to as the ICC or ICCt)
is the world's first permanent, international judicial body capable of bringing
perpetrators to justice and providing redress to victims when states are unable or
unwilling to do so.1
International criminal law concerns individuals who commit crimes defined by international law rather than states, and includes cooperation between countries to prohibit behaviors like money laundering, drug trafficking, hostage taking, and genocide. Key elements of money laundering include knowingly conducting financial transactions involving illegally obtained money to conceal its source. Drug trafficking first emerged as an illegal international trade in the 19th century as countries imposed prohibitions on addictive drugs.
This document provides an overview of international criminal law. It discusses the sources of international criminal law, including treaties, customary international law, general principles of law, and judicial decisions. It then examines some key concepts in international criminal law, such as crimes against humanity, war crimes, and genocide. The document notes that international criminal law places responsibility on individuals, rather than states. It also discusses the Rome Statute and the International Criminal Court.
This document provides an overview of the jurisdiction and admissibility of the International Criminal Court as outlined in the Rome Statute. It discusses the four forms of jurisdiction the ICC possesses: temporal, personal, territorial, and subject-matter. Temporal jurisdiction refers to the time period of committed crimes. Personal jurisdiction involves which individuals can be prosecuted. Territorial jurisdiction covers which locations the ICC can exercise its powers. Subject-matter jurisdiction outlines the four international crimes the ICC can prosecute: genocide, crimes against humanity, war crimes, and crime of aggression. The document also examines the principles of complementarity and ne bis in idem regarding admissibility of cases.
The document discusses trials held by international courts, including the trials of Saddam Hussein, Slobodan Milosevic, and cases handled by the International Criminal Tribunal for Rwanda. It provides background on the International Court of Justice and describes some of the major cases they have heard. Specifically, it outlines the charges against Saddam Hussein for crimes against humanity, the charges against Milosevic for genocide and crimes against humanity, and precedents set by the ICTR, including the first time rape was classified as genocide.
Jurisdiction active and passive personality, protective principle andAbsar Aftab Absar
The document discusses different principles of jurisdiction that states can exercise, including territoriality, nationality (active and passive personality), protective principle, and universal jurisdiction. It provides examples of how different states have applied these principles in national courts. The principles evolved to address transnational crimes and situations where territoriality alone was insufficient. Universal jurisdiction in particular remains an evolving principle that requires state consent through treaties or custom to apply to specific offenses.
The International Criminal Court (commonly referred to as the ICC or ICCt)
is the world's first permanent, international judicial body capable of bringing
perpetrators to justice and providing redress to victims when states are unable or
unwilling to do so.1
International criminal law concerns individuals who commit crimes defined by international law rather than states, and includes cooperation between countries to prohibit behaviors like money laundering, drug trafficking, hostage taking, and genocide. Key elements of money laundering include knowingly conducting financial transactions involving illegally obtained money to conceal its source. Drug trafficking first emerged as an illegal international trade in the 19th century as countries imposed prohibitions on addictive drugs.
Intro to international humanitarian law by icrcTabi Khan
International Humanitarian Law (IHL), also known as the Law of Armed Conflict, regulates armed conflict by limiting means and methods of warfare and limiting suffering. IHL protects civilians and those who are wounded, captured or detained. It originated from ancient customs and was modernized in the 1860s by Henry Dunant, who established the International Committee of the Red Cross and promoted the Geneva Conventions protecting wounded soldiers. The four 1949 Geneva Conventions and two 1977 Additional Protocols apply to international and non-international armed conflicts. IHL principles include distinction, proportionality, unnecessary suffering and military necessity. All parties in conflict, including non-state actors, must respect IHL.
This document provides an overview of public international law, including definitions, the distinction between international law and national legal systems, theories of international law, and methods of enforcement.
The key points covered are:
1) International law governs relations between states and other international actors, and is decentralized with no central authority, in contrast to national legal systems.
2) There are various theories regarding whether international law can truly be considered law due to its lack of centralized institutions and enforcement mechanisms.
3) Methods of enforcing international law include self-help measures such as retorsion and reprisals between states.
Asylum provides shelter and protection by a host state to citizens of another state. There are two kinds of asylum: territorial asylum, which is granted within a state's own territory where it has sovereignty, and extra-territorial asylum, which can be granted outside a state's territory in places like embassies, consulates, warships, or international institutions in some cases. Extra-territorial asylum allows states to protect individuals in other states by granting protection in areas considered under the host state's jurisdiction rather than the local state.
Public international law vs private international lawWajid Ali Kharal
This document provides an overview of public international law and private international law. It defines public international law as governing relations between states, covering areas like war, peace, diplomacy, human rights, and international organizations. Private international law deals with cases that involve foreign elements, raising issues of applying foreign law or involving foreign courts. The document then discusses sources, subjects, jurisdiction, and current trends in both public and private international law.
This document provides an outline and objectives for analyzing key concepts relating to international humanitarian law (IHL) and international criminal law (ICL). It discusses the interlinkages between public international law, international human rights law, IHL, and ICL. The document outlines the history and emergence of IHL and ICL, their key legal instruments and sources. It analyzes the application of ICL and categories of international crimes such as war crimes and crimes against humanity. The connection between IHL and ICL is also discussed, particularly how violations of IHL can constitute war crimes under ICL.
State Succession (Public International law)Sourabh Ubale
Political entities are subject to change over time. When one state replaces another, it is known as a successor state. There are various reasons for state succession, including mergers, annexations, cessions, decolonization, and wars. State succession can be either universal, where the predecessor state is completely replaced, or partial, where only part of a state gains independence. There are differing theories on the extent to which the successor state assumes the rights and obligations of the predecessor state. The law of state succession continues to develop based on principles of equity, reason, and justice.
International Humanitarian Law Lecture 8 - Sources of IHLNilendra Kumar
International humanitarian law has two main branches: the Hague law which regulates how armies conduct hostilities, and the Geneva law which regulates the protection of people under one's power. The key sources of international humanitarian law are the four 1949 Geneva Conventions for protecting victims of war, along with additional protocols from 1977. International humanitarian law is strengthened by other international agreements promoting human rights and prohibiting crimes against humanity.
The document discusses state responsibility under international law. It covers:
- The nature of state responsibility, which refers to a state's liability for breaching international obligations.
- The elements of state responsibility, which are: conduct attributable to the state, and the conduct constituting a breach of an international obligation.
- Various ways conduct can be attributable to a state, including actions of state organs, ultra vires acts, persons directed or controlled by the state, and conduct acknowledged by the state.
- Exceptions where conduct of private individuals or unsuccessful insurrections are not attributable to the state.
international court of jurisdiction-its composition,types of jurisdiction,activities,cases,contentious and advisory jurisdiction,corfu channel case and nuclear weapon case
International Humanitarian Law Lecture 6 - Core Principles of IHLNilendra Kumar
This lecture lays down the application and the practice of International Humanitarian Law also known as Law of Armed Conflicts (LOAC). It gives a detailed explanation of the core principles of IHL.
International humanitarian law (IHL) and international human rights law (IHRL) both aim to protect individuals in armed conflict and civil unrest. IHL regulates armed conflict by limiting means and methods of warfare and reducing suffering. It protects civilians and those no longer taking part in hostilities. IHRL establishes rules for governments in their treatment of individuals during peacetime and conflict, though some rights can be derogated during emergencies. Both bodies of law place duties on states and non-state actors, and establish international mechanisms to support implementation and enforcement.
This document discusses the definitions and differences between international law and municipal law. It defines international law as the body of rules considered legally binding by states in their relations with each other. Municipal law refers to the laws applicable within a local government entity. The document also discusses the theories of monism and dualism regarding how international law relates to municipal law, and provides criticisms of each approach.
The document discusses categories of international crime such as genocide, war crimes, and piracy. It describes universal jurisdiction and the establishment of the International Criminal Court in 2002. It also discusses transnational crimes, causes of transnational crimes, and how countries deal with international crime through measures like extradition treaties, domestic laws, and organizations like Interpol. Effectiveness of dealing with international crime is mixed as state sovereignty concerns remain, international cooperation is still developing, and prosecuting these crimes can be very costly.
This document provides an introduction to international law. It defines international law as the set of rules that countries follow in dealing with each other. It notes there are three main categories: public international law regarding relations between sovereign states; private international law addressing jurisdiction in legal cases with international aspects; and supranational law involving collective laws agreed upon by states. The document outlines some key characteristics of international law, such as its decentralized nature in lawmaking and enforcement. It also discusses theories for why international law is considered binding on states and other actors. Finally, it briefly summarizes some functions and weaknesses of international law.
This document outlines the principles of state jurisdiction in international law, including the different types of jurisdiction (exclusive, concurrent, criminal, civil) and the general principles on which states claim criminal jurisdiction (territorial, nationality, protective, universality, passive personality). It also discusses conflict of jurisdiction that can arise when multiple states have a valid claim, the process of extradition between states, and immunity from jurisdiction for certain persons and entities under international law like sovereign immunity.
Lecture 1 & 2 introduction & nature of pilKingnabalu
This document provides an overview of a public international law course, including its objectives, content, teaching methodology, and assessment. The course aims to introduce students to the principles of public international law and apply them to contemporary issues. Key topics covered include the nature and sources of international law, subjects of international law like statehood and jurisdiction, and specific areas like territorial sovereignty, treaties, and state responsibility. Students will be assessed through tests, assignments, and a final exam. The document also provides guidance on studying public international law and references recommended textbooks.
Intro to international humanitarian law by icrcTabi Khan
International Humanitarian Law (IHL), also known as the Law of Armed Conflict, regulates armed conflict by limiting means and methods of warfare and limiting suffering. IHL protects civilians and those who are wounded, captured or detained. It originated from ancient customs and was modernized in the 1860s by Henry Dunant, who established the International Committee of the Red Cross and promoted the Geneva Conventions protecting wounded soldiers. The four 1949 Geneva Conventions and two 1977 Additional Protocols apply to international and non-international armed conflicts. IHL principles include distinction, proportionality, unnecessary suffering and military necessity. All parties in conflict, including non-state actors, must respect IHL.
This document provides an overview of public international law, including definitions, the distinction between international law and national legal systems, theories of international law, and methods of enforcement.
The key points covered are:
1) International law governs relations between states and other international actors, and is decentralized with no central authority, in contrast to national legal systems.
2) There are various theories regarding whether international law can truly be considered law due to its lack of centralized institutions and enforcement mechanisms.
3) Methods of enforcing international law include self-help measures such as retorsion and reprisals between states.
Asylum provides shelter and protection by a host state to citizens of another state. There are two kinds of asylum: territorial asylum, which is granted within a state's own territory where it has sovereignty, and extra-territorial asylum, which can be granted outside a state's territory in places like embassies, consulates, warships, or international institutions in some cases. Extra-territorial asylum allows states to protect individuals in other states by granting protection in areas considered under the host state's jurisdiction rather than the local state.
Public international law vs private international lawWajid Ali Kharal
This document provides an overview of public international law and private international law. It defines public international law as governing relations between states, covering areas like war, peace, diplomacy, human rights, and international organizations. Private international law deals with cases that involve foreign elements, raising issues of applying foreign law or involving foreign courts. The document then discusses sources, subjects, jurisdiction, and current trends in both public and private international law.
This document provides an outline and objectives for analyzing key concepts relating to international humanitarian law (IHL) and international criminal law (ICL). It discusses the interlinkages between public international law, international human rights law, IHL, and ICL. The document outlines the history and emergence of IHL and ICL, their key legal instruments and sources. It analyzes the application of ICL and categories of international crimes such as war crimes and crimes against humanity. The connection between IHL and ICL is also discussed, particularly how violations of IHL can constitute war crimes under ICL.
State Succession (Public International law)Sourabh Ubale
Political entities are subject to change over time. When one state replaces another, it is known as a successor state. There are various reasons for state succession, including mergers, annexations, cessions, decolonization, and wars. State succession can be either universal, where the predecessor state is completely replaced, or partial, where only part of a state gains independence. There are differing theories on the extent to which the successor state assumes the rights and obligations of the predecessor state. The law of state succession continues to develop based on principles of equity, reason, and justice.
International Humanitarian Law Lecture 8 - Sources of IHLNilendra Kumar
International humanitarian law has two main branches: the Hague law which regulates how armies conduct hostilities, and the Geneva law which regulates the protection of people under one's power. The key sources of international humanitarian law are the four 1949 Geneva Conventions for protecting victims of war, along with additional protocols from 1977. International humanitarian law is strengthened by other international agreements promoting human rights and prohibiting crimes against humanity.
The document discusses state responsibility under international law. It covers:
- The nature of state responsibility, which refers to a state's liability for breaching international obligations.
- The elements of state responsibility, which are: conduct attributable to the state, and the conduct constituting a breach of an international obligation.
- Various ways conduct can be attributable to a state, including actions of state organs, ultra vires acts, persons directed or controlled by the state, and conduct acknowledged by the state.
- Exceptions where conduct of private individuals or unsuccessful insurrections are not attributable to the state.
international court of jurisdiction-its composition,types of jurisdiction,activities,cases,contentious and advisory jurisdiction,corfu channel case and nuclear weapon case
International Humanitarian Law Lecture 6 - Core Principles of IHLNilendra Kumar
This lecture lays down the application and the practice of International Humanitarian Law also known as Law of Armed Conflicts (LOAC). It gives a detailed explanation of the core principles of IHL.
International humanitarian law (IHL) and international human rights law (IHRL) both aim to protect individuals in armed conflict and civil unrest. IHL regulates armed conflict by limiting means and methods of warfare and reducing suffering. It protects civilians and those no longer taking part in hostilities. IHRL establishes rules for governments in their treatment of individuals during peacetime and conflict, though some rights can be derogated during emergencies. Both bodies of law place duties on states and non-state actors, and establish international mechanisms to support implementation and enforcement.
This document discusses the definitions and differences between international law and municipal law. It defines international law as the body of rules considered legally binding by states in their relations with each other. Municipal law refers to the laws applicable within a local government entity. The document also discusses the theories of monism and dualism regarding how international law relates to municipal law, and provides criticisms of each approach.
The document discusses categories of international crime such as genocide, war crimes, and piracy. It describes universal jurisdiction and the establishment of the International Criminal Court in 2002. It also discusses transnational crimes, causes of transnational crimes, and how countries deal with international crime through measures like extradition treaties, domestic laws, and organizations like Interpol. Effectiveness of dealing with international crime is mixed as state sovereignty concerns remain, international cooperation is still developing, and prosecuting these crimes can be very costly.
This document provides an introduction to international law. It defines international law as the set of rules that countries follow in dealing with each other. It notes there are three main categories: public international law regarding relations between sovereign states; private international law addressing jurisdiction in legal cases with international aspects; and supranational law involving collective laws agreed upon by states. The document outlines some key characteristics of international law, such as its decentralized nature in lawmaking and enforcement. It also discusses theories for why international law is considered binding on states and other actors. Finally, it briefly summarizes some functions and weaknesses of international law.
This document outlines the principles of state jurisdiction in international law, including the different types of jurisdiction (exclusive, concurrent, criminal, civil) and the general principles on which states claim criminal jurisdiction (territorial, nationality, protective, universality, passive personality). It also discusses conflict of jurisdiction that can arise when multiple states have a valid claim, the process of extradition between states, and immunity from jurisdiction for certain persons and entities under international law like sovereign immunity.
Lecture 1 & 2 introduction & nature of pilKingnabalu
This document provides an overview of a public international law course, including its objectives, content, teaching methodology, and assessment. The course aims to introduce students to the principles of public international law and apply them to contemporary issues. Key topics covered include the nature and sources of international law, subjects of international law like statehood and jurisdiction, and specific areas like territorial sovereignty, treaties, and state responsibility. Students will be assessed through tests, assignments, and a final exam. The document also provides guidance on studying public international law and references recommended textbooks.
The applicability of the Doctrine of Responsibility (R2P) in Syria in perspec...Sabita Amin
This document provides a summary of the legal framework surrounding the Responsibility to Protect (R2P) doctrine, humanitarian intervention, and terrorism. It defines R2P and discusses its sources in international law, distinguishing it from humanitarian intervention. It also examines sovereignty and terrorism in international law. The chapter aims to clarify these concepts to analyze their application to the conflict in Syria.
This document discusses how terrorism threatens human rights and the challenges counter-terrorism measures pose to human rights. It outlines several human rights, such as the right to life and freedom from torture. While states have an obligation to protect citizens from terrorism, recent counter-terrorism laws and practices have threatened individuals' right to privacy, freedom from discrimination, and fair trials. Security techniques like passenger profiling, detention without charge, extraordinary rendition, and torture have been criticized for violating basic human rights principles.
International criminal law has evolved over centuries from prohibitions on piracy and slavery to modern conventions protecting individuals during war and from human rights abuses. While the Nuremberg and Tokyo tribunals after World War II are credited with launching international criminal law, it was not until the 1990s that the UN established the ad hoc tribunals for Yugoslavia and Rwanda, creating the first institutions to prosecute individuals for war crimes, genocide, and crimes against humanity. However, international criminal law remains a developing field with shortcomings including limits on prosecuting heads of state, lack of resources, non-cooperation of states, and selective or limited jurisdiction of courts like the International Criminal Court. This chapter will focus on aspects
Comparative Criminal Justice
5th Edition
Chapter 6: Criminal Procedure
Adrianna Hughes
University of Scranton
Learning Objectives: Chapter 6Explore the major differences in criminal procedure among the various families of law Analyze the differences between adversarial systems and inquisitorial systemsExplain the different types of constitutional reviewDescribe how convergence has become the norms in criminal procedure in the legal systems around the worldIdentify the general forms of supranational courts that deal with issues of human rights and international crime and criminals
Comparative Criminal Justice Systems
5th Edition
The Adversarial System
Comparative Criminal Justice Systems
5th Edition
Adversarial- set of legal procedures used in Common Law countries to determine the truth during adjudication whereby the prosecution and defense counsel compete against each other The judge acts as an umpireRights given to accusedright to an attorneyright to remain silentright to be free of unwarranted arrests and searches right to compel witnesses
The Adversarial SystemCriticismsManipulation by criminals of systemCombat effect- emphasis on “winning” the legal battle instead of justice being doneWealth effect- advantage held by those who can afford to hire a skilled attorney and pay for investigatorsPlea bargaining- about 90% of cases in U.S. are settled by plea bargainingCountries that use adversarial systemEngland and United States
Comparative Criminal Justice Systems
5th Edition
The Inquisitorial System
Comparative Criminal Justice Systems
5th Edition
Inquisitorial - main model of criminal procedure and has been around for 700 years.Most commonly associated with Civil Law countriesThe trial in the inquisitorial system is less like a competition and more like a continuing investigationCriticismsMain issues arise with extreme power of the judge at both the investigative and trial levelsDelays in system because of extensive pretrial investigationsJudge must balance impartialityModel countries that use Inquisitorial systemFrance, Germany, China, Saudi Arabia, Japan
Popular System(Mixed)It is called popular, because it is a system that calls for the popular participation of citizens who are not necessarily criminal justice professionals.It is the oldest of the procedural systems of justice, practiced long before the formation of modern societies, and it probably has its roots in the magical as well as group resolutions of community disputes.In most countries, it has evolved into a fully acceptable system that has been integrated into the adversarial and inquisitorial systems. Examples: Anglo American- Jury trial system
Comparative Criminal Justice Systems
5th Edition
Popular System(Mixed)Today, the popular system is a variation of criminal procedure that is used primarily in Civil Law countries but is also found in Socialist and Common Law countries.It is a method of ad.
International humanitarian law (IHL) applies during armed conflicts and prohibits acts aimed at terrorizing civilians. Even when IHL does not apply, fundamental human rights and humanitarian laws cannot be violated. States must ensure counterterrorism measures comply with international law. The use of force in self-defense is permitted under Article 51 of the UN Charter in response to an armed attack, but the response must be necessary, proportional, and avoid further escalation when possible.
The document summarizes a European Court of Human Rights case regarding the potential deportation of Othman (Abu Qatada) from the UK to Jordan. It discusses Abu Qatada's history of detention and torture in Jordan, two trials he was convicted in absentia for in Jordan, and the UK's consideration of deporting him with diplomatic assurances from Jordan. The ECHR found that deportation would not violate the absolute prohibition on torture in Article 3, but that there was a risk of flagrant denial of a fair trial under Article 6 due to the potential admission of evidence obtained by torture.
The Effect of International Prosecutions on the Commission of Norm ViolationsPeter Grenzow
This document discusses theories of deterrence related to international criminal prosecutions and analyzes evidence regarding their effects. It finds:
1) General prosecutorial deterrence may deter some would-be norm violators if the threat of prosecution is viewed as credible, as evidenced by behaviors adjusting to avoid liability.
2) Statistical analyses found international criminal court actions reduced civilian killings by governments and rebels.
3) Specific deterrence via indicting individuals may backfire by causing leaders to entrench their power and escalate crimes to avoid liability, as some leaders' behaviors showed.
2620161Crime and Criminal LawChapter 5Crime .docxvickeryr87
2/6/2016
1
Crime and Criminal Law
Chapter 5
Crime and Criminal Law
• Criminal law (substantive law)
– Law of crimes
• Defined by statute
– Prescriptions
– Proscriptions
• Code of conduct all are expected to follow
– Enforced by state
• Primary purpose is protecting public from harm
by punishing harmful acts that have occurred and
forbidding conduct that may lead to it
What is Crime?
• Tappan (1947)
– “…an intentional act in violation of the criminal law
committed without defense or excuse, and penalized
by the state”
1. An act in violation of
2. A criminal law for which
3. A punishment is prescribed
4. The person committing this action must have
intended to do so
5. And to have done so without any legally
acceptable defenses or justifications
2/6/2016
2
Crime as a Subset of Harmful Acts
Core offenses
All crimes
All social harm
All harms
Sources of Criminal Law
• State and federal constitutions
• State and federal statutes
– New crimes added as circumstances warrant
• Common law
– Codified in most states by mid‐1800s
• Federal law is growing source of criminal law
• Statutes define elements (various parts) of a
crime more specifically than common law
Limitations on Criminal Law
• State cannot criminalize any conduct it chooses
• Substantive due process
– There are limits to what conduct the law may seek to
prohibit
• Forbids passage of laws that infringe on rights of
individuals
– Free speech
– Assembly
• Is underlying theory for privacy rights
2/6/2016
3
Limitations on Criminal Law
• Overbreadth doctrine
– Laws unconstitutional when they fail to narrowly
define specific behavior to be restricted
• Void for vagueness
– Laws unconstitutional when they fail to clearly
define prohibited act and punishment in advance
• Fair notice
– Letting people know what is and is not permitted
Limitations on Criminal Law
• Must not restrict due process
– Must be enforced fairly and non‐arbitrarily
• Must not restrict equal protection
– Laws cannot restrict rights of members of suspect
classifications
• Cruel and unusual punishment
– Punishments must be proportional to the crime
– Jurisdictions not required to punish in same
manner
Limitations on Criminal Law
• Ex post facto laws
– Cannot be penalized for behavior that was not
illegal at time they acted
– Penalties cannot be increased after crime has
been committed
– Do apply retroactively if they are beneficial
• Bills of attainder
– Cannot have laws that impose punishment
without trial
2/6/2016
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Elements of Criminal Offenses
• Elements that must be present for criminal
liability to attach:
– Actus reus
– Mens rea
– Concurrence
– Causation
– Harm
• All make up corpus delecti
Actus Reus (Criminal Act)
• The guilty act
• Three forms
– Voluntarily bodily movements
– An omission in the face of a duty to act
• Failure to perform legal duty
• Failure to prevent harm when special relationship exists
– Possession
• If person has .
EXECUTIVE SUMMARY
The Egyptian Coordination of Rights and Freedoms has found that the violations of human rights in Egypt and the phenomenon of forced disappearances in particular had expanded in range and exacerbated in a way that may alert the Egyptian society to a real catastrophe, while monitoring the human rights in Egypt, starting from mid-2014 until now.
We made sure that the phenomenon of forced disappearance is not just a blip but a systematic strategy followed by security agencies in order to exert stress over political opposition in some cases, or to conceal the torture which has been spreading like wildfire that amounted in some cases to a murder.
We have spotted 1023 Egyptian citizens being subjected to gradual forced disappearance during the first half of 2015. Whereas the number In January, 2015 was only 44 citizens then it amounted to 91 citizens in February, 160 in March, 228 in April, and we were shocked by the rise of the number of citizens subjected to forced disappearance in May which reached 393 cases and in June it reached 278 cases. These numbers are the overall we could monitor from January 1st, 2015 to June 30th, 2015 and not the total number of cases; Amid extremely difficult circumstances of monitoring and documentation and for those running the process, from security threats and prosecutions to all the workers in the field of human rights in Egypt, either individuals or civil society organizations.
The governorates of north and central Egypt have the largest share of forced disappearance cases in which Gharbiya Governorate has 293 followed by Beheira Governorate with 152, then Cairo with 108, Kafr El Shiekh 75, Giza 71, Alexandria 54, Sharquia 50, Portsaid 45, Dakahlya 41, Qaliubiya 32, Beni Suef 29, Damietta 26, Monofia 21, Fayoum 14, Suez 10, Sohag 10, Qena5, Minya and Assiut Governorates 8 cases each, Aswan and Ismailia 4 cases each, Luxor with 2 cases and Finally what we could count in North Sinai was 5 cases.
This document discusses human rights and terrorism. It begins by defining human rights and international human rights law. It then discusses what constitutes terrorism in legal terms. The impact of terrorism on human rights is described, such as threats to the rights to life, liberty and physical integrity. Challenges that counterterrorism measures pose to human rights, like the absolute prohibition against torture, are also examined. The document explores issues such as the transfer of detainees, profiling, due process, freedom of expression, freedom of association, and surveillance. It emphasizes that counterterrorism must be conducted in a way that complies with international law and human rights standards.
Criminal law has three main objectives: to protect people, maintain order, and punish criminals. A crime harms society and is prosecuted by the state, not private individuals. For an act to be a crime it must be forbidden by law, cause social harm, and the harm must be serious enough to warrant criminal prosecution. There are different categories of crimes such as offenses against persons or property. The government aims to prevent crime through both reactive measures like law enforcement and proactive strategies targeting social factors linked to criminal behavior. For criminal liability, an act must involve both an unlawful act and criminal intent, and the act must cause harm.
This document contains a seminar paper submission covering the topic of "The role of human rights law in complementing international humanitarian law". The paper provides background on human rights law and international humanitarian law, including their definitions and historical development. It then discusses how the two bodies of law intersect and are applied complementarily in international court judgments. The paper also reviews literature on the topic and proposes future directions and challenges to harmonizing the application of human rights law and international humanitarian law.
The Nuremberg trials were a series of 13 trials of Nazi war criminals held in Nuremberg, Germany from 1945 to 1949. The first and most notable was the trial of the major war criminals before the International Military Tribunal from 1945 to 1946. 24 Nazi leaders were indicted for war crimes, crimes against peace, and crimes against humanity and several Nazi organizations were declared criminal. As a result, many defendants were sentenced to death or imprisonment. The trials established precedents for international law and the prosecution of war crimes.
FMDH - International Instruments for the Protection of Journalists : Dr Ioan...FMDH
Présentation de Dr Ioannis Kalpouzos sur "International Instruments for the Protection of Journalists" lors du Forum Mondial des Droits de l'Homme le 28 Novembre 2014.
Pour plus d'informations :
- Site web : http://fmdh-2014.org/fr/
- Facebook : https://www.facebook.com/FMDH2014
- Twitter : https://twitter.com/FMDH2014
- Youtube : https://www.youtube.com/user/FMDH2014
The Effect of Vehicle theft and hijacking - Dr Jaco BarkhuizenTracker Connect
The objectives of this study were to gather information in order to provide desired information to the following questions:
- How do victims experience the vehicle hijacking?
- What was the general make-up of the incident?
- What are the financial and physical-emotional consequences of vehicle hijacking?
- What are the social consequences of vehicle hijacking?
- And how does the financial and physical-emotional consequences contribute to the social consequences?
- What common trends can be identified to establish the effect that this crime has had on the social fabric in South Africa?
Significant development of the role of the International Criminal Court post ...Vilashini Devi
The International Criminal Court (ICC) was established in 2002 to prosecute serious international crimes. It was created due to the limitations of previous ad hoc tribunals which only addressed specific situations and crimes. The ICC has jurisdiction over genocide, crimes against humanity, war crimes, and crimes of aggression. While it has faced criticisms over issues like selectivity and sovereignty concerns, the ICC aims to end impunity for mass atrocities and bring justice to victims of serious international crimes.
Crimes are characterized, and are distinguished from other acts or omissions which may give rise to legal proceedings, by the prospect of state punishment. It is this latter feature which distinguishes the criminal law from the civil law and other methods of social control such as community morality.
This document summarizes key aspects of international law, including the definition and different types. It discusses the laws of peace, war, and neutrality. It also covers the enforcement of international law through international courts and treaties. A major section discusses the development of international human rights law after World War 2 and efforts to protect human rights through international cooperation and legal standards.
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2. Overview:
• The course introduction to international criminal law by case
western reserve university school of law consists of 8 modules
• Taught by professor Michael Scharf.
3. Module-1:Introduction
• A primer on international law
• From Nuremberg to Hague
sources
Treaty Custom
General
muncipal
practice
of states
Jus
cogens
4. Module- 2: Peace versus justice
• Case of Togoland.
• An Essay on Trading Justice for Peace
• Crimes Against Humanity
Crimes Defined in
International Conventions
The 1949 Geneva
Conventions
The Genocide Convention
The Torture Convention
General Human Rights Conventions
5. Module-3: Terrorism and Piracy
• General definition:
Terrorism is an act intended to cause death or serious bodily injury to any
person; or serious damage to a State or government facility, a public transportation system,
communication system or infrastructure facility nature or context, is to intimidate a
population, or to compel a Government or an international organization to do or abstain from
doing an act.
• Piracy
6. Module-4: Unique Modes of Liability
• Command responsibility.
-THE PROSECUTOR v. ALFRED MUSEMA
• Joint Criminal Enterprise Liability.
#Grotian moment
Such a moment is said to occur when there is a transformative development in
which new rules and doctrines of customary international law emerge with
unusual rapidity and acceptance.
• Liabilities -
1. liability in a JCE is distinguishable from the crime of membership in a criminal organization.
2. The underpinning of the JCE liability is to be found in considerations of public policy.
3. Incidental criminal liability
4. Foresseability
7. Module-5:Specialized Defenses
• The Defense of Superior Orders
- Dover’s case
• The Defense of Duress
- Yugoslavia Tribunal’s Erdomovic Case
• Other Defenses recognized in the Statute of the International
Criminal Court
• Head of State Immunity
8. Module-6: Gaining Custody of the Accused
• Part I. Luring
• Part II. The Case Study of Osama Bin Laden
- Abduction
- torture issue: Torture is universally regarded as a
violation of international law. No government openly asserts that
torture is lawful.
-Extradition
9. Module-7: Pre-Trial Issues
• Self-Representation –
• Plea Bargaining- Pros and Cons
• Exclusion of Torture Evidence
A. Likelihood that the Defendant Will Act in a Disruptive Manner
B. The Complexity of the Case and the Need for an Orderly Trial
10. Module-8: Maintaining Control of the Courtroom
• The need for orderly justice in war crimes trials
• Remedies for disruption
Limiting self-
representation
Standby public
defenders
Expulsion and
other sanctions
Responding to
Contumacious
counsel