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What Is an International Crime? (A Revisionist History)
\\jciprod01\productn\H\HLI\58-2\HLI205.txt unknown Seq: 1 14-FEB-18 9:00 Volume 58, Number 2, Spring 2017 What Is an International Crime? (A Revisionist History) Kevin Jon Heller* The question “what is an international crime?” has two aspects. First, it asks us to identify which acts qualify as international crimes. Second, and more fundamentally, it asks us to identify what is distinctive about an international crime. Some disagreement exists concerning the first issue, particularly with regard to torture and terrorism. But nearly all states, international tribunals, and ICL scholars take the same position concerning the second issue, insisting that an act qualifies as an international crime if—and only if—that act is universally criminal under international law. This definition of an international crime leads to an obvious question: how exactly does an act become universally criminal under international law? One answer, the “direct criminalization thesis” (DCT), is that certain acts are universally criminal because they are directly criminalized by international law itself, regardless of whether states criminalize them. Another answer, the “national criminalization the- sis” (NCT), rejects the idea that international law directly criminalizes particular acts. According to the NCT, certain acts are universally criminal because international law obligates every state in the world to criminalize them. This Article argues that if we take positivism seriously, as every international criminal tribunal since Nuremberg has insisted we must, the NCT provides the only coherent explanation of how international law can deem certain acts to be universally criminal. I. INTRODUCTION The question posed by the title of this Article has two aspects. -
Introduction to Victimology and Victims' Rights Van Der Aa, Suzan
Tilburg University Introduction to victimology and victims' rights van der Aa, Suzan Published in: Strengthening judicial cooperation to protect victims of crime Publication date: 2014 Document Version Early version, also known as pre-print Link to publication in Tilburg University Research Portal Citation for published version (APA): van der Aa, S. (2014). Introduction to victimology and victims' rights. In Strengthening judicial cooperation to protect victims of crime: Handbook (pp. 6-12). Superior Council of Magistracy of Romania. General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. Download date: 04. okt. 2021 This publication has been produced with the financial support of the Specific Programme Criminal Justice of the European Union. The contents of this publication are the sole responsibility of the -
Articles on Crimes Against Humanity
Draft articles on Prevention and Punishment of Crimes Against Humanity 2019 Adopted by the International Law Commission at its seventy-first session, in 2019, and submitted to the General Assembly as a part of the Commission’s report covering the work of that session (A/74/10). The report will appear in Yearbook of the International Law Commission, 2019, vol. II, Part Two. Copyright © United Nations 2019 Prevention and punishment of crimes against humanity … Mindful that throughout history millions of children, women and men have been victims of crimes that deeply shock the conscience of humanity, Recognizing that crimes against humanity threaten the peace, security and well- being of the world, Recalling the principles of international law embodied in the Charter of the United Nations, Recalling also that the prohibition of crimes against humanity is a peremptory norm of general international law (jus cogens), Affirming that crimes against humanity, which are among the most serious crimes of concern to the international community as a whole, must be prevented in conformity with international law, Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes, Considering the definition of crimes against humanity set forth in article 7 of the Rome Statute of the International Criminal Court, Recalling that it is the duty of every State to exercise its criminal jurisdiction with respect to crimes against humanity, Considering the rights of victims, witnesses and others in relation to crimes against humanity, as well as the right of alleged offenders to fair treatment, Considering also that, because crimes against humanity must not go unpunished, the effective prosecution of such crimes must be ensured by taking measures at the national level and by enhancing international cooperation, including with respect to extradition and mutual legal assistance, … Article 1 Scope The present draft articles apply to the prevention and punishment of crimes against humanity. -
Globalization, Transnational Crime and State Power: the Need for a New Criminology
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Directory of Open Access Journals Globalization, Transnational Crime and State Power: The Need for a New Criminology • Emilio C. Viano Riassunto Questo articolo si focalizza sulla globalizzazione legata al crimine transnazionale, mettendo in evidenza come i modelli e le dinamiche che rendono possibile ed efficace la globalizzazione portano anche a conseguenze collaterali negative, cioè criminali e facilitano l’introduzione e la rapida crescita del numero di crimini internazionali. D’altra parte, esistono anche crimini commessi contro la globalizzazione. Dal canto suo, la globalizzazione rende più facile la lotta contro il crimine grazie alla cooperazione ed al coordinamento degli sforzi in questa direzione. Di conseguenza, la globalizzazione instaura un rapporto molto complesso con il crimine: positivo, negativo e di prevenzione. Questo articolo si concentra anche su aspetti relativi a come la criminologia dovrebbe rivedere i suoi modelli di ricerca e di intervento tenendo conto del modo in cui la globalizzazione ha cambiato la maniera con la quale si può e si dovrebbe affrontare il crimine. Nell’ambito di tale articolo si ipotizza anche un mancato interesse della criminologia per i crimini della globalizzazione e si contesta la prospettiva della criminologia tradizionale che vede le definizioni legali del reato come sacrosante e immutabili. Noi abbiamo bisogno di una più ampia concettualizzazione del crimine che vada al di là delle prescrizioni del diritto penale e che utilizzi differenti tradizioni intellettuali (crimini di globalizzazione, di violenza strutturale e critica del neoliberalismo) che sottolineino l’influenza contingente del male sociale nelle scelte delle persone. -
Four Models of the Criminal Process Kent Roach
Journal of Criminal Law and Criminology Volume 89 Article 5 Issue 2 Winter Winter 1999 Four Models of the Criminal Process Kent Roach Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Kent Roach, Four Models of the Criminal Process, 89 J. Crim. L. & Criminology 671 (1998-1999) This Criminology is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/99/8902-0671 THM JOURNAL OF QMINAL LAW& CRIMINOLOGY Vol. 89, No. 2 Copyright 0 1999 by Northwestem University. School of Law Psisd in USA. CRIMINOLOGY FOUR MODELS OF THE CRIMINAL PROCESS KENT ROACH* I. INTRODUCTION Ever since Herbert Packer published "Two Models of the Criminal Process" in 1964, much thinking about criminal justice has been influenced by the construction of models. Models pro- vide a useful way to cope with the complexity of the criminal pro- cess. They allow details to be simplified and common themes and trends to be highlighted. "As in the physical and social sciences, [models present] a hypothetical but coherent scheme for testing the evidence" produced by decisions made by thousands of actors in the criminal process every day.2 Unlike the sciences, however, it is not possible or desirable to reduce the discretionary and hu- manistic systems of criminal justice to a single truth. -
I. the Victim-Offender Overlap
Draft – Please do not distribute or cite without author’s permission VICTIMS AND OFFENDERS CYNTHIA GODSOE, BROOKLYN LAW SCHOOL TABLE OF CONTENTS I. THE VICTIM-OFFENDER OVERLAP .................................................................... A. History of Victimology ................................................................................ B. Theory of V/O Overlap ................................................................................ II. CONTEXTS ...................................................................................................... A. Mutual Liability ........................................................................................... 1. Statutory Rape Between Two (or more) Minors................................ 2. Intimate Partner Violence “Mutual Combat” .................................... B. Double-Sided Coin/Chameleon Conduct ................................................... 1. Prostitution and Trafficking/Sexual Abuse (if Minors) ..................... 2. Sexting and Child Pornography ......................................................... C. A More Worthy Victim/Out-Victimed ........................................................ 1. Maternal Failure to Protect ................................................................ 2. Child Pornography v. Sexual Abuse/CSEC ....................................... D. Missing Victims ........................................................................................... 1. Drug Offenses ................................................................................... -
'Transnational Criminal Law'?
MFK-Mendip Job ID: 9924BK--0085-3 3 - 953 Rev: 27-11-2003 PAGE: 1 TIME: 11:20 SIZE: 61,11 Area: JNLS OP: PB ᭧ EJIL 2003 ............................................................................................. ‘Transnational Criminal Law’? Neil Boister* Abstract International criminal law is currently subdivided into international criminal law stricto sensu — the so-called core crimes — and crimes of international concern — the so-called treaty crimes. This article suggests that the latter category can be appropriately relabelled transnational criminal law to find a doctrinal match for the criminological term transnational crime. The article argues that such a relabelling is justified because of the need to focus attention on this relatively neglected system, because of concerns about the process of criminalization of transnational conduct, legitimacy in the development of the system, doctrinal weaknesses, human rights considerations, legitimacy in the control of the system, and enforcement issues. The article argues that the distinction between international criminal law and transnational criminal law is sustainable on four grounds: the direct as opposed to indirect nature of the two systems, the application of absolute universality as opposed to more limited forms of extraterritorial jurisdiction, the protection of international interests and values as opposed to more limited transnational values and interests, and the differently constituted international societies that project these penal norms. Finally, the article argues that the term transnational criminal law is apposite because it is functional and because it points to a legal order that attenuates the distinction between national and international. 1 Introduction The term ‘transnational crime’ is commonly used by criminologists, criminal justice officials and policymakers,1 but its complementary term, ‘transnational criminal law’ (TCL), is unknown to international lawyers. -
Annual Report 2019
Annual Report 2019 CONNECTING POLICE FOR A SAFER WORLD Content Foreword ................................................................ 3 Database highlights.................................................................................................. 4 Countering terrorism.............................................................................................. 6 Protecting vulnerable communities................................................... 8 Securing cyberspace............................................................................................ 10 Promoting border integrity....................................................................... 12 Curbing illicit markets ....................................................................................... 14 Supporting environmental security ............................................... 16 Promoting global integrity ....................................................................... 18 Governance ..................................................................................................................... 19 Human resources .................................................................................................... 20 Finances ................................................................................................................................. 21 Looking ahead .............................................................................................................. 22 This Annual Report presents some of the highlights of our -
Fraud & White Collar Crime 2019
FRAUD & WHITE COLLAR CRIME 2019 EXPERT GUIDE www.corporatelivewire.com 33 CHANCERY LANE Expert Guide | Fraud & White Collar Crime 2019 Dennis Miralis Australia [email protected] +61 02 9264 8884 www.ngm.com.au The Australian Criminal Intelligence Commission (ACIC) is Australia’s national criminal intelligence agency with ‘specialist investigative capabilities’. The ACIC is the White Collar Crime and International Investigations only agency in Australia that is exclusively focused on By Dennis Miralis combating serious and organised crime. Rapid globalisation has led to white collar crimes such as money focuses on the collaboration between them in addressing a num- laundering, tax evasion, fraud and bribery becoming increasingly ber of key crime areas including money laundering and transna- complex and transnational in nature. Australian government tional economic crime. agencies are therefore experiencing an increased need to adopt a global approach, collaborating with foreign governments and 2015 also saw the establishment of the Serious Financial Crime law enforcement agencies to ensure effective prevention, inves- Taskforce (SFCT), operating under the AFP run Fraud and Anti- tigation and prosecution of white collar crime. Corruption Centre. Which government agencies investigate white collar crime? The SFCT targets activities that occur both within Australia and in foreign jurisdictions. It works closely with international partner I. Australian Federal Police (AFP) agencies, both law enforcement and regulators, governments and organisations across the globe to target abusive use of secre- The Australian Federal Police (AFP) is Australia’s national law en- cy jurisdictions, trust fraud and international tax evasion fraud. AUSTRAC recognises that the transnational nature of money terrorism-related activities. -
Ungoverned Spaces, Transnational Crime, and the Prohibition on Extraterritorial Enforcement Jurisdiction in International Law Dan E
Volume 3 | Issue 1 Article 4 10-1-2013 Ungoverned Spaces, Transnational Crime, and the Prohibition on Extraterritorial Enforcement Jurisdiction in International Law Dan E. Stigall U.S. Department of Justice Follow this and additional works at: http://scholarship.law.nd.edu/ndjicl Part of the Human Rights Law Commons, International Law Commons, International Trade Commons, and the Military, War and Peace Commons Recommended Citation Stigall, Dan E. (2013) "Ungoverned Spaces, Transnational Crime, and the Prohibition on Extraterritorial Enforcement Jurisdiction in International Law," Notre Dame Journal of International & Comparative Law: Vol. 3: Iss. 1, Article 4. Available at: http://scholarship.law.nd.edu/ndjicl/vol3/iss1/4 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Journal of International & Comparative Law by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. III NOTRE DAME JOURNAL OF INTERNATIONAL & COMPARATIVE LAW 2013 TABLE OF CONTENTS ARTICLES UNGOVERNED SPACES, TRANSNATIONAL CRIME, AND THE PROHIBITION ON EXTRATERRITORIAL ENFORCEMENT JURISDICTION IN INTERNATIONAL LAW ..... 1 Dan E. Stigall ECOWAS’S RIGHT TO INTERVENE IN CÔTE D’IVOIRE TO INSTALL ALASSANE OUATTARA AS PRESIDENT-ELECT ..................................................................... 51 Julie Dubé Gagnon CONSTITUTIONAL BORROWING AS JURISPRUDENTIAL AND POLITICAL DOCTRINE IN SHRI D.K. BASU V. STATE OF WEST BENGAL ................................................... 73 Sam F. Halabi CONSCIENTIOUS OBJECTION OF HEALTH CARE PROVIDERS: LESSONS FROM THE EXPERIENCE OF THE UNITED STATES .............................................................. 122 Soledad Bertelsen iii 1 NOTRE DAME JOURNAL OF INTERNATIONAL & COMPARATIVE LAW 2013 UNGOVERNED SPACES, TRANSNATIONAL CRIME, AND THE PROHIBITION ON EXTRATERRITORIAL ENFORCEMENT JURISDICTION IN INTERNATIONAL LAW Dan E. -
SOF Role in Combating Transnational Organized Crime to Interagency Counterterrorism Operations
“…the threat to our nations’ security demands that we… Special Operations Command North (SOCNORTH) is a determine the potential SOF roles for countering and subordinate unified command of U.S. Special Operations diminishing these violent destabilizing networks.” Command (USSOCOM) under the operational control of U.S. Northern Command (USNORTHCOM). SOCNORTH Rear Admiral Kerry Metz enhances command and control of special operations forces throughout the USNORTHCOM area of responsi- bility. SOCNORTH also improves DOD capability support Crime Organized Transnational in Combating Role SOF to interagency counterterrorism operations. Canadian Special Operations Forces Command (CAN- SOF Role SOFCOM) was stood up in February 2006 to provide the necessary focus and oversight for all Canadian Special Operations Forces. This initiative has ensured that the Government of Canada has the best possible integrated, in Combating led, and trained Special Operations Forces at its disposal. Transnational Joint Special Operations University (JSOU) is located at MacDill AFB, Florida, on the Pinewood Campus. JSOU was activated in September 2000 as USSOCOM’s joint educa- Organized Crime tional element. USSOCOM, a global combatant command, synchronizes the planning of Special Operations and provides Special Operations Forces to support persistent, networked, and distributed Global Combatant Command operations in order to protect and advance our Nation’s interests. MENDEL AND MCCABE Edited by William Mendel and Dr. Peter McCabe jsou.socom.mil Joint Special Operations University Press SOF Role in Combating Transnational Organized Crime Essays By Brigadier General (retired) Hector Pagan Professor Celina Realuyo Dr. Emily Spencer Colonel Bernd Horn Mr. Mark Hanna Dr. Christian Leuprecht Brigadier General Mike Rouleau Colonel Bill Mandrick, Ph.D. -
Quick Guide to the Criminalization of Transgender and Gender Non-Conforming People
Quick Guide to the Criminalization of Transgender and Gender Non-Conforming People Transgender and gender non-conforming people are over-represented in the criminal legal system due to institutionalized oppression and increased poverty and criminalization. Trans and gender non-conforming people, especially trans and gender non-conforming people of color, face intersectional barriers to education, housing, employment, and medical care resulting in vulnerability and a constant fight for social and political resources. These barriers are further increased as a result of intersectional oppression including: racism, sexism, transphobia, homophobia, classism, ableism, and ageism. Barriers to Education Many trans and gender non-conforming people drop out of school due to harassment and discrimination suffered at all levels of education. Schools are also highly gendered spaces. Students are forced to use gendered bathrooms and locker rooms where they are frequently subjected to violence and persecution. This harassment and discrimination is frequently unchecked by school administration and educators. Mandatory trainings are not in place for young people and many jurisdictions do not have laws in place requiring schools to educate faculty, staff, and students about LGBT issues. Additionally, issues often arise for trans and gender non-conforming individuals who do not have matching identity documents, which can limit access to higher education. For transpeople with criminal convictions that limit name changes, this issue is further exacerbated. Barriers to Housing Trans and gender non-conforming people, especially young people, are disproportionally represented in homeless and street-based communities. Many people are kicked out of their homes for being transgender or gender non-conforming. All too often young transpeople are forced to run away from foster care due to sex-segregated group homes and/or unsafe family placements where they are subjected to abuse, harassment, and discrimination.