A Theory of Crimes Against Humanity
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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. -
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. -
Restorative Versus Retributive Justice Kathleen Daly Reviews the Discourse That Has Framed Restorative Justice As the Antidote to Punishment
Restorative versus Retributive Justice Kathleen Daly reviews the discourse that has framed restorative justice as the antidote to punishment. n 'Restorative justice: the real story' (Punishment and Advocates seem to assume that an ideal justice system should Society 2002), Kathleen Daly draws on her experience of be of one type only, that it should be pure and not contaminated / restorative justice conferencing and an extensive survey of by or mixed with others. [Even when calling for the need to academic literature to refute four myths that she says have "blend restorative, reparative, and transformative justice... with grown up around restorative justice. These are that: (1) the prosecution of paradigmatic violations of human rights", restorative justice is the opposite of retributive justice; (2) Drambl (2000:296) is unable to avoid using the term 'retributive' restorative justice uses indigenous justice practices and was to refer to responses that should be reserved for the few.] the dominant form ofpre-modern justice; (3) restorative justice Before demonstrating the problems with this position, I give a is a 'care' (or feminine) response to crime in comparison to a sympathetic reading of what I think advocates are trying to say. justice' (or masculine) response; and (4) restorative justice Mead's (1917-18) 'The Psychology of Punitive Justice' can be expected to produce major changes in people. She says contrasts two methods of responding to crime. One he termed that "simple oppositional dualisms are inadequate in depicting"the attitude of hostility toward the lawbreaker" (p. 227), which criminal justice, even in an ideal justice system", and argues "brings with it the attitudes of retribution, repression, and for a 'real story' which would serve the political future of exclusion" (pp. -
Thomas Aquinas: Soul-Body Connection and the Afterlife Hyde Dawn Krista University of Missouri-St
University of Missouri, St. Louis IRL @ UMSL Theses Graduate Works 4-16-2012 Thomas Aquinas: Soul-Body Connection and the Afterlife Hyde Dawn Krista University of Missouri-St. Louis, [email protected] Follow this and additional works at: http://irl.umsl.edu/thesis Recommended Citation Krista, Hyde Dawn, "Thomas Aquinas: Soul-Body Connection and the Afterlife" (2012). Theses. 261. http://irl.umsl.edu/thesis/261 This Thesis is brought to you for free and open access by the Graduate Works at IRL @ UMSL. It has been accepted for inclusion in Theses by an authorized administrator of IRL @ UMSL. For more information, please contact [email protected]. Thomas Aquinas: Soul-Body Connection and the Afterlife Krista Hyde M.L.A., Washington University in St. Louis, 2010 B.A., Philosophy, Southeast Missouri State University – Cape Girardeau, 2003 A Thesis Submitted to The Graduate School at the University of Missouri – St. Louis in partial fulfillment of the requirements for the degree Master of Arts in Philosophy April 2012 Advisory Committee Gualtiero Piccinini, Ph.D. Chair Jon McGinnis, Ph.D. John Brunero, Ph.D. Copyright, Krista Hyde, 2012 Abstract Thomas Aquinas nearly succeeds in addressing the persistent problem of the mind-body relationship by redefining the human being as a body-soul (matter-form) composite. This redefinition makes the interaction problem of substance dualism inapplicable, because there is no soul “in” a body. However, he works around the mind- body problem only by sacrificing an immaterial afterlife, as well as the identity and separability of the soul after death. Additionally, Thomistic psychology has difficulty accounting for the transmission of universals, nor does it seem able to overcome the arguments for causal closure. -
Law on the Legal Status and Supervision of Credit Institutions and Stockbroking Firms
06.2017 25 APRIL 2014. - Law on the legal status and supervision of credit institutions and stockbroking firms DISCLAIMER THIS TEXT IS AN UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE (Belgisch Staatsblad/Moniteur belge [Belgian Official Gazette], 7 September 2014) (Unofficial consolidated text) Last update: Law of 25 October 2016 (Belgian Official Gazette, 21 November 2016) and Law of 7 December 2016 (Belgian Official Gazette, 13 December 2016) BOOK I. - SCOPE - DEFINITIONS - GENERAL PROVISIONS TITLE I. - Scope Article 1. § 1. Articles 242, 15° to 19° and 296 to 310, 378 and 379 of the present Law regulate a matter referred to in Article 77 of the Constitution. The other provisions of the present Law, including the Annexes thereto, regulate a matter referred to in Article 78 of the Constitution. § 2. This Law regulates the establishment, activity and the supervision of credit institutions and investment firms which have the capacity of stockbroking firm operating in Belgium, and their potential resolution, to protect savers, investors and the robustness and proper functioning of the financial system. For this purpose, it determines the supervisory task of the National Bank of Belgium in its capacity of national competent authority, namely within the scope of the Single Supervisory Mechanism. Books I to XI and Annexes I to VI of the present Law provide for the partial transposition - which remains limited to the part relating to credit institutions, - of Directive 2013/36/EU; - of Directive 2011/89/EU of -
Binding International Norms, Jus Cogens
European Journal of Sustainable Development (2016), 5, 3, 318-324 ISSN: 2239-5938 Doi: 10.14207/ejsd.2016.v5n3p318 Binding international norms, jus cogens Erjona Ramaj1 Abstract Article 53 of the Vienna Convention of 1969 states that a treaty is considered invalid if it is in conflict with existing norms of jus cogens, and under Article 64 of the treaty becomes invalid if it conflicts with a norm youngest of the same nature. The case Nicaragua against the United States made clear that the notion of jus cogens is steadily entrenched in international law, however, is still necessary to determine accurately that power rates referred to in Articles 53 and 64 of the Vienna Convention. Jus cogens norms include more those norms relating to morality or natural law than with traditional positivist rates derived from State practice. In general, this includes making aggressive war, crimes against humanity, war crimes, sea piracy, genocide, apartheid, slavery, and torture. Jus cogens norms are norms of customary international law which are so important, it can not be changed through treaties. Under the Vienna Convention on the Law of Treaties, any treaty that is contrary to jus cogens norms is invalid. Jus cogens norms are not listed, there is no catalog , their determined by any authoritative body, but these rates come from judicial practices and political and social attitudes, which are not values static. Jus cogens norm of unconditional right international, accepted and recognized by the international community norm from which no deviation is permitted. Unlike the common law, which traditionally requires the consent and It lets change obligations between states through treaties, norms jus cogens can not be violated by any state "through treaties international or local regulations or special customary, or even through general rules of customary not have the same normative force. -
Heroes of Humanity in Literature
International Journal of Arts and Sciences 3(4): 77 - 87 (2009) CD-ROM. ISSN: 1944-6934 © InternationalJournal.org Heroes of Humanity in Literature Tamar Mebuke, Tbilisi State Technical University, Georgia Abstract: Rebellious spirit of man, rejection of evil, and the imperfection of the world find their archetypal reflection in the image of Prometheus, fighter for the progress of man who dared to oppose God himself. The fire, obtained by him for man, is identified with reason itself. At the same time this image carries the duality of benefactor and criminal, since creation of something new and advanced leads to mutiny against reality itself and rejection of its laws. Nevertheless, through this myth Western civilization has been trying to understand itself in its cultural self-consciousness. Keywords: Prometheus, creators, the tragedy of culture. Myths represent basic, archetypal ideas of man. One of the “basic” thoughts of humanity, characteris- tic of any mythology, is the myth about demarcation of gods and people. It reveals the need for a compromise between arbitrariness of human will and reaction of the outer world. On the other hand, it is connected with the supposition of Johann Wolfgang von Goethe that the only question, standing behind the history of humanity is the question of God existence. Russian philosopher N. A. Berdyaev (1938) wrote: “For nearly half a millennium European Christian humanity has been having a trial with God. In the Christian world scepticism, agnosticism, disbelief, atheism are the symptoms of this process that takes the form of speculation over the problem of theodicy. But if there is a trial, then there must be the one with whom it is. -
Transnational Organized Crime
IPI Blue Papers Transnational Organized Crime Task Forces on Strengthening Multilateral Security Capacity No. 2 2009 INTERNATIONAL PEACE INSTITUTE Transnational Organized Crime Transnational Organized Crime Task Forces on Strengthening Multilateral Security Capacity IPI Blue Paper No. 2 Acknowledgements The International Peace Institute (IPI) owes a great debt of gratitude to its many donors to the program Coping with Crisis, Conflict, and Change. In particular, IPI is grateful to the governments of Belgium, Canada, Denmark, Finland, Greece, Luxembourg, the Netherlands, Norway, Spain, Sweden, Switzerland, and the United Kingdom. The Task Forces would also not have been possible without the leadership and intellectual contribution of their co-chairs, government representatives from Permanent Missions to the United Nations in New York, and expert moderators and contributors. IPI wishes to acknowledge the support of the Greentree Foundation, which generously allowed IPI the use of the Greentree Estate for plenary meetings of the Task Forces during 2008. note Meetings were held under the Chatham House Rule. Participants were invited in their personal capacity. This report is an IPI product. Its content does not necessarily represent the positions or opinions of individual Task Force participants. © by International Peace Institute, 2009 All Rights Reserved www.ipinst.org CONTENTS Foreword, Terje Rød-Larsen. vii Acronyms. x Executive Summary. 1 The Challenge of Transnational Organized Crime (TOC). .4 Ideas for Action. .14 I. convene a hIgh-level ConFerenCe on toC aS a ThreaT To SeCurity ii. maP The impacts oF ToC on SeCurity, developmenT, and stability iii. strengThen Crime ThreaT analysis For un PeaCe efforts Iv. develoP straTegic, Investigative, and oPerational ParTnerShips v. -
WILPF CONGRESS Resolutions and Proposals 1919 ©The Women’S International League for Peace and Freedom 1919
WILPF CONGRESS Resolutions and Proposals 1919 ©The Women’s International League for Peace and Freedom 1919 This booklet contains the text as passed by the Women’s International League for Peace and Freedom at their second congress in 1919. It is specifically reprinted in May 2019 on the occasion of the 100rd anniversary of the congress. 2nd edition, August 2019 Full Congress report can be found on www.wilpf.org RESOLUTIONS AND PROPOSAL Part 1: Resolutions . 2 A. Resolutions Presented to the Peace Conference of the Powers in Paris . 3 B. Resolutions for Future Work Submitted to the National Sections . 9 C. Action to be taken . 17 Part 2: Proposals . 20 Proposals . 21 1 The following pages are an extract of page 241–279 in the original version of the Congress Report of the Women’s International League for Peace and Freedom’s second Congress, which took place in Zurich, Switzerland, from the 12–17 May 1919. 2 PART 1: RESOLUTIONS 3 A. RESOLUTIONS PRESENTED TO THE PEACE CONFERENCE OF THE POWERS IN PARIS The following Delegation was appointed by the Congress to present these Resolutions: Jane Addams, President, USA; Charlotte Despard, Great Britain; Gabrielle Duchêne, France; Rosa Genoni, Italy; Clara Ragaz, Switzerland; Chrystal Macmillan, Secretary, Great Britain. I. ON FAMINE AND BLOCKADE This International Congress of Women regards the famine, pestilence and unemployment extending throughout great tracts of Central and Eastern Europe and into Asia as a disgrace to civilization. It therefore urges the Governments of all the Powers assembled at the Peace Conference immediately to develop the inter-allied organizations formed for purposes of war into an international organisation for purposes of peace, so that the resources of the world – food, raw materials, finance, transport – shall be made available for the relief of the peoples of all countries from famine and pestilence. -
Constitutional Court Judgment No. 237/2005, of September 26 (Unofficial Translation)
Constitutional Court Judgment No. 237/2005, of September 26 (Unofficial translation) The Second Chamber of the Constitutional Court comprising Mr. Guillermo Jiménez Sánchez, President, Mr. Vicente Conde Martín de Hijas, Ms. Elisa Pérez Vera, Mr. Ramón Rodríguez Arribas and Mr. Pascual Sala Sánchez, Judges, has rendered IN THE NAME OF THE KING the following J U D G M E N T in the appeal for protection proceedings Nos. 1744-2003, 1755-2003 and 1773-2003, the first of which was filed by Ms. Rigoberta Menchú Tumn, Ms. Silvia Solórzano Foppa, Ms. Silvia Julieta Solórzano Foppa, Mr. Santiago Solórzano Ureta, Mr. Julio Alfonso Solórzano Foppa, Mr. Lorenzo Villanueva Villanueva, Ms. Juliana Villanueva Villanueva, Mr. Lorenzo Jesús Villanueva Imizocz, Ms. Ana María Gran Cirera, Ms. Montserrat Gibert Grant, Ms. Ana María Gibert Gran, Ms. Concepción Gran Cirera, Mr. José Narciso Picas Vila, Ms. Aura Elena Farfán, Ms. Rosario Pu Gómez, C. I. Est. Prom. Derechos Humanos, Mr. Arcadio Alonzo Fernández, Conavigua, Famdegua and Ms. Ana Lucrecia Molina Theissen, represented by Court Procurator Ms. Gloria Rincón Mayoral and defended by the attorney Mr. Carlos Vila Calvo, and by the Confederación Sindical de Comisiones Obreras, represented by Court Procurator Ms. Isabel Cañedo Vega and defended by the attorney Mr. Antonio García Martín; No. 1755-2003 by the Asociación de Derechos Humanos de España, represented by Court Procurator Ms. Irene Gutiérrez Carrillo and defended by the attorney Mr. Víctor Hortal Fernández; and No. 1773-2003 by Asociación libre de Abogados, Asociación contra la Tortura, Associació d’Amistat amb el Poble de Guatemala, Asociación Centro de Documentación y Solidaridad con América Latina y África and Comité Solidaridad Internacionalista de Zaragoza represented by Court Procurator Ms. -
Heidegger, Personhood and Technology
Comparative Philosophy Volume 2, No. 2 (2011): 23-49 Open Access / ISSN 2151-6014 www.comparativephilosophy.org THE FUTURE OF HUMANITY: HEIDEGGER, PERSONHOOD AND TECHNOLOGY MAHON O‟BRIEN ABSTRACT: This paper argues that a number of entrenched posthumanist positions are seriously flawed as a result of their dependence on a technical interpretive approach that creates more problems than it solves. During the course of our discussion we consider in particular the question of personhood. After all, until we can determine what it means to be a person we cannot really discuss what it means to improve a person. What kinds of enhancements would even constitute improvements? This in turn leads to an examination of the technical model of analysis and the recurring tendency to approach notions like personhood using this technical model. In looking to sketch a Heideggerian account of personhood, we are reaffirming what we take to be a Platonic skepticism concerning technical models of inquiry when it comes to certain subjects. Finally we examine the question as to whether the posthumanist looks to apply technology‟s benefits in ways that we have reflectively determined to be useful or desirable or whether it is technology itself (or to speak as Heidegger would – the “essence” of technology) which prompts many posthumanists to rely on an excessively reductionist view of the human being. Keywords: Heidegger, posthumanism, technology, personhood, temporality A significant number of Posthumanists1 advocate the techno-scientific enhancement of various human cognitive and physical capacities. Recent trends in posthumanist theory have witnessed the collective emergence, in particular, of a series of analytically oriented philosophers as part of the Future of Humanity Institute at O‟BRIEN, MAHON: IRCHSS Postdoctoral Research Fellow, School of Philosophy, University College Dublin, Ireland.