Crimes Against Peace
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Multilateral Peace Operations and the Challenges of Organized Crime
SIPRI Background Paper February 2018 MULTILATERAL PEACE PROJECT SUMMARY w The New Geopolitics of Peace OPERATIONS AND THE Operations III: Non‑traditional Security Challenges initiative CHALLENGES OF was launched with support from the Ministry for Foreign Affairs of Finland, co‑sponsored ORGANIZED CRIME by Ethiopia, and in continued partnership with the Friedrich‑ jaÏr van der lijn Ebert‑Stiftung (FES). This phase of the initiative seeks to enhance understanding I. Introduction about peace operations and non‑traditional security Multilateral peace operations are increasingly confronting a set of challenges such as terrorism interrelated and mutually reinforcing security challenges that are relatively and violent extremism, new to them, that do not respect borders, and that have causes and effects irregular migration, piracy, which cut right across the international security, peacebuilding and organized crime and environmental degradation. It development agendas.1 Organized crime provides one of the most prominent aims to identify the various examples of these ‘non-traditional’ security challenges.2 perceptions, positions and There are many different definitions of organized crime depending on the interests of the relevant context, sector and organization. The United Nations Convention against stakeholders, as well as to Transnational Organized Crime defines an ‘organized criminal group’ as stimulate open dialogue, ‘a structured group of three or more persons, existing for a period of time cooperation and mutual and acting in concert with the aim of committing one or more serious crimes understanding by engaging key or offences . in order to obtain, directly or indirectly, a financial or other stakeholders and mapping the material benefit’.3 However, this definition is not unchallenged. -
Building Peace at the Nexus of Organized Crime, Conflict and Violent
PolicyFBA Brief Brief 01/2015 BUILDING PEACE AT THE NEXUS OF ORGANIZED CRIME, CONFLICT, AND VIOLENT EXTREMISM INTERNATIONAL EXPERT FORUM ON TWENTY-FIRST CENTURY PEACE-BUILDING BY: CHRISTIAN ALTPETER Organized crime, armed conflict and violent extremism are all becoming increasingly intertwined. Fragility, weak institutions and conflicts provide an attractive environment and breeding ground for illicit networks and extremist organizations and these connected groups can seriously impede peace-building efforts and threaten human security. SUMMARY › Organized crime, conflict, and violent extremism all thrive when any state is weak or its structure is absent. Where there is a lack of security, a want of access to justice, and poor service provision, then organized crime often fills the void by taking over certain functions of the state. › Traditionally, crime and violent extremism have not formed a part of the peace-building agenda but instead have been treated as separate matters for law enforcement strategies. › Dealing with organized crime and violent extremism in countries and societies emerging from conflict requires a multidimen- sional peace-building approach that includes the perpetrators of organized crime and those involved in armed conflict and violent extremism. UN Security Council mandates for peacekeeping operations must be so arranged that they include the fight against organized crime. › Strengthening social cohesion and inclusiveness, trust and legitimacy of the government concerned and its institutions must be at the centre of peace-building strategies, together with realizable peace dividends. › The UN, the EU and other actors must meet such challenges with comprehensive policies and approaches because military, diplomatic or police methods alone will not suffice. -
Bougainville Peace Agreement >> Table of Contents >> Bougainville Peace Agreement
Peace Agreements Digital Collection Bougainville Peace Agreement >> Table of Contents >> Bougainville Peace Agreement Bougainville Peace Agreement Signed at Arawa 30 August 2001 Introduction and Outline This agreement is a joint creation by the Government of the Independent State of Papua New Guinea and Leaders representing the people of Bougainville ("the Parties") to resolve the Bougainville conflict and to secure a lasting peace by peaceful means. It is intended to further the objectives of The Burnham Truce, the Lincoln and Ceasefire Agreements and other agreements and understandings between the parties. This Agreement will be implemented through consultation and co-operation, and will form the basis for drafting constitutional amendments and other laws in order to give legal effect to this Agreement. The Bougainville Parties will work through the autonomous Bougainville Government when it is formed. The Agreement has three pillars. They are as follows. 1. Autonomy The Agreement provides for arrangements for an autonomous Bougainville Government operating under a home-grown Bougainville Constitution with a right to assume increasing control over a wide range of powers, functions, personnel and resources on the basis of guarantees contained in the National Constitution. 2. Referendum The agreement provides for the right, guaranteed in the National Constitution, for a referendum among Bougainvilleans’ on Bougainville’s future political status. The choices available in the referendum will include a separate independence for Bougainville. The referendum will be held no sooner than ten years, and in any case no later than fifteen years, after the election of the autonomous Bougainville Government. The actual date of the referendum will be set taking account of standards of good governance and the implementation of the weapons disposal plan. -
World Peace Through Law
Denver Journal of International Law & Policy Volume 2 Number 1 Spring Article 3 May 2020 World Peace through Law Charles Rhyne Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation Charles Rhyne, World Peace through Law, 2 Denv. J. Int'l L. & Pol'y 1 (1972). This Article is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. WORLD PEACE THROUGH LAW CHARLES RHYNE* In view of the realities of today's world, man cannot live in isolation if he expects to live in peace. The world situation must be everyone's concern; each of us must act, collectively and individually if we are to avoid the total destruction which threatens world peace. We live in a world all of us know more about, think more about and worry more about than ever before. Age old bar- riers of time and distance are gone; the lives of all peoples are inextricably intertwined. For instance: international trade was affected by the United States' enactment of a 10'/; surcharge on imports; the outbreak of war between India and Pakistan in December, 1971 affected everyone almost immediately as has the continuation of the Middle East conflict; states and peoples will be vastly affected by China's presence in the U.N. Since no one nation can by itself control drugs, money, en- vironment, pollution, weather, airplane hi-jacking, poverty, hunger, disease and many other subjects of considerable con- cern to the world community, transnational cooperation has be- come, in fact, a necessity. -
Equity in the American Courts and in the World Court: Does the End Justify the Means?
EQUITY IN THE AMERICAN COURTS AND IN THE WORLD COURT: DOES THE END JUSTIFY THE MEANS? I. INTRODUCTION Equity, as a legal concept, has enjoyed sustained acceptance by lawyers throughout history. It has been present in the law of ancient civilizations' and continues to exist in modem legal systems.2 But equity is no longer a concept confined exclusively to local or national adjudication. Today, equity shows itself to be a vital part of international law.' The International Court of Justice--"the most visible, and perhaps hegemonic, tribunal in the sphere of public international law" 4-has made a significant contribution to the delimitation,5 development of equity. Particularly in cases involving maritime 6 equity has frequently been applied by the Court to adjudicate disputes. Equity is prominent in national legal systems and has become increas- ingly important in international law. It is useful, perhaps essential, for the international lawyer to have a proper understanding of it. Yet the meaning of equity remains elusive. "A lawyer asked to define 'equity' will not have an easy time of it; the defimition of equity, let alone the term's application in the field of international law, is notoriously uncertain, though its use is rife."7 Through a comparative analysis, this note seeks to provide a more precise understanding of the legal concept of equity as it relates to two distinct systems oflaw: the American and the international. To compare the equity administered by the American courts with that administered by the World Court, this note 1. See sources cited infra notes 10, 22. -
Nuremberg Icj Timeline 1474-1868
NUREMBERG ICJ TIMELINE 1474-1868 1474 Trial of Peter von Hagenbach In connection with offenses committed while governing ter- ritory in the Upper Alsace region on behalf of the Duke of 1625 Hugo Grotius Publishes On the Law of Burgundy, Peter von Hagenbach is tried and sentenced to death War and Peace by an ad hoc tribunal of twenty-eight judges representing differ- ent local polities. The crimes charged, including murder, mass Dutch jurist and philosopher Hugo Grotius, one of the principal rape and the planned extermination of the citizens of Breisach, founders of international law with such works as Mare Liberum are characterized by the prosecution as “trampling under foot (On the Freedom of the Seas), publishes De Jure Belli ac Pacis the laws of God and man.” Considered history’s first interna- (On the Law of War and Peace). Considered his masterpiece, tional war crimes trial, it is noted for rejecting the defense of the book elucidates and secularizes the topic of just war, includ- superior orders and introducing an embryonic version of crimes ing analysis of belligerent status, adequate grounds for initiating against humanity. war and procedures to be followed in the inception, conduct, and conclusion of war. 1758 Emerich de Vattel Lays Foundation for Formulating Crime of Aggression In his seminal treatise The Law of Nations, Swiss jurist Emerich de Vattel alludes to the great guilt of a sovereign who under- 1815 Declaration Relative to the Universal takes an “unjust war” because he is “chargeable with all the Abolition of the Slave Trade evils, all the horrors of the war: all the effusion of blood, the The first international instrument to condemn slavery, the desolation of families, the rapine, the acts of violence, the rav- Declaration Relative to the Universal Abolition of the Slave ages, the conflagrations, are his works and his crimes . -
Peace Officers on Campus
Peace Officers on Campus 1. Who are peace officers? Texas Code of Criminal Procedures (TCCP), Article 2.12 lists peace officers as including, but not limited to the following: a. Sheriffs and their deputies b. Constables and deputy constables c. Marshalls or police officers of an incorporated city, town, or village d. Rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety e. Officers commissioned under Texas Education Code (TEC) §37.081 f. Law enforcement agents of the Texas Alcoholic Beverage Commission 2. What authorizes the Board to employ police officers? TEC §37.081 authorizes the District’s Board of Trustees to employ security personnel and commission police officers. It is the Board’s responsibility to determine the jurisdiction of police officers employed by the District. 3. What is the jurisdiction of Katy ISD police officers? Board policy CKE (LOCAL) specifies this jurisdiction as follows: “…all territory within the boundaries of the District and all property, real and personal, outside the boundaries of the District that is owned, leased, or rented by or otherwise under the District’s control.” 4. What authority and powers do District police officers have? Katy ISD police officers, by policy, have the authority to: Katy Independent School District Peace Officers on Campus Administration, Governance and Legal Affairs, May 2018 1 of 6 g. Protect the safety and welfare of any person in the jurisdiction of the District and protect the property of the District. h. Enforce all laws, including municipal ordinances, county ordinances, and state laws, and investigate violations of law as needed. -
Pirates and Impunity: Is the Threat of Asylum Claims a Reason to Allow Pirates to Escape Justice
Pirates and Impunity: Is the Threat of Asylum Claims a Reason to Allow Pirates to Escape Justice Yvonne M. Dutton Abstract Pirates are literally getting away with murder. Modern pirates are attacking vessels, hijacking ships at gunpoint, taking hostages, and injuring and killing crew members.1 They are doing so with increasing frequency. According to the International Maritime Bureau (“IMB”) Piracy Reporting Center’s 2009 Annual Report, there were 406 pirate attacks in 2009—a number that has not been reached since 2003. Yet, in most instances, a culture of impunity reigns whereby nations are not holding pirates accountable for the violent crimes they commit. Only a small portion of those people committing piracy are actually captured and brought to trial, as opposed to captured and released. For example, in September 2008, a Danish warship captured ten Somali pirates, but then later released them on a Somali beach, even though the pirates were found with assault weapons and notes stating how they would split their piracy proceeds with warlords on land. Britain’s Royal Navy has been accused of releasing suspected pirates,7 as have Canadian naval forces. Only very recently, Russia released captured Somali pirates—after a high-seas shootout between Russian marines and pirates that had attacked a tanker carrying twenty-three crew and US$52 million worth of oil.9 In May 2010, the United States released ten captured pirates it had been holding for weeks after concluding that its search for a nation to prosecute them was futile. In fact, between March and April 2010, European Union (“EU”) naval forces captured 275 alleged pirates, but only forty face prosecution. -
NUREMBERG) Judgment of 1 October 1946
INTERNATIONAL MILITARY TRIBUNAL (NUREMBERG) Judgment of 1 October 1946 Page numbers in braces refer to IMT, judgment of 1 October 1946, in The Trial of German Major War Criminals. Proceedings of the International Military Tribunal sitting at Nuremberg, Germany , Part 22 (22nd August ,1946 to 1st October, 1946) 1 {iii} THE INTERNATIONAL MILITARY TRIBUNAL IN SESSOIN AT NUREMBERG, GERMANY Before: THE RT. HON. SIR GEOFFREY LAWRENCE (member for the United Kingdom of Great Britain and Northern Ireland) President THE HON. SIR WILLIAM NORMAN BIRKETT (alternate member for the United Kingdom of Great Britain and Northern Ireland) MR. FRANCIS BIDDLE (member for the United States of America) JUDGE JOHN J. PARKER (alternate member for the United States of America) M. LE PROFESSEUR DONNEDIEU DE VABRES (member for the French Republic) M. LE CONSEILER FLACO (alternate member for the French Republic) MAJOR-GENERAL I. T. NIKITCHENKO (member for the Union of Soviet Socialist Republics) LT.-COLONEL A. F. VOLCHKOV (alternate member for the Union of Soviet Socialist Republics) {iv} THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, AND THE UNION OF SOVIET SOCIALIST REPUBLICS Against: Hermann Wilhelm Göring, Rudolf Hess, Joachim von Ribbentrop, Robert Ley, Wilhelm Keitel, Ernst Kaltenbrunner, Alfred Rosenberg, Hans Frank, Wilhelm Frick, Julius Streicher, Walter Funk, Hjalmar Schacht, Gustav Krupp von Bohlen und Halbach, Karl Dönitz, Erich Raeder, Baldur von Schirach, Fritz Sauckel, Alfred Jodl, Martin -
MS 776 "Claims Against the US Government Under the Federal Tort
MS 776 Claims Against the U. S. Government Under the Federal Tort Claims Act Effective Date: January 7, 2013 Responsible Office: D/GCLL Supersedes: 1/7/13; 5/17/84; MS 863 (2/12/73) Issuance Memo (01/07/2013) Table of Contents MS 776 "Claims Against the U. S. Government Under the Federal Tort Claims Act" was approved by the Director of the Peace Corps and first published in the Federal Register on March 28, 1969. MS 776 is currently in the process of again being revised from a version issued on 1/07/2013 so that it comports with changes in the law governing claims against the U.S. government under the Federal Tort Claims Act. These revisions cannot be issued as part of the Peace Corps Manual until they have been reviewed by the Office of Management and Budget in accordance with its processes and published in the Federal Register. In the meantime, the 1/07/2013 version of MS 776 continues in effect. Part 304 - Claims Against the U.S. Government Under the Federal Tort Claims Act Part 304 is added to Chapter III of Title 22 of the Code of Federal Regulations to read as follows: General Provisions 304.1 Scope; definitions. Procedures 304.2 Administrative claim; when presented; appropriate Peace Corps Office. 304.3 Administrative claim; who may file. 304.4 Administrative claim; evidence and information to be submitted. 304.5 Investigations. 304.6 Claims investigation. 304.7 Authority to adjust, determine, compromise, and settle claims. 304.8 Limitations on authority. 304.9 Referral to Department of Justice. -
Speaking for the Dead: Voice in Last Wills and Testaments Karen J
St. John's Law Review Volume 85 Article 12 Issue 2 Volume 85, Spring 2011, Number 2 April 2014 Speaking for the Dead: Voice in Last Wills and Testaments Karen J. Sneddon Follow this and additional works at: http://scholarship.law.stjohns.edu/lawreview Recommended Citation Sneddon, Karen J. (2014) "Speaking for the Dead: Voice in Last Wills and Testaments," St. John's Law Review: Vol. 85: Iss. 2, Article 12. Available at: http://scholarship.law.stjohns.edu/lawreview/vol85/iss2/12 This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized administrator of St. John's Law Scholarship Repository. For more information, please contact [email protected]. ARTICLE SPEAKING FOR THE DEAD: VOICE IN LAST WILLS AND TESTAMENTS KARENJ. SNEDDONt INTRODUCTION ................................. ..... 684 I. FUNCTION OF WILLS ........................... .......685 II. VOICE ..................................... ...... 689 A. Term Defined. ...................... ....... 689 B. Applicability of Voice to Wills ............ ..... 696 C. Pitfalls.......................... ........ 708 D. Benefits ............................ ..... 720 III. VOICE IN WILLS ........................... ..... 728 A. Voice in Non-Attorney Drafted Wills ...... ...... 728 1. Nuncupative Wills ................. ...... 729 2. Ethical Wills...... ................. 729 3. Holographic Wills .................. ..... 732 4. Commercial Fill-in-the-Blank Forms and -
Commission for the Prosecution of Crimes Against the Polish Nation As a Ground for Prosecution of Crimes Against Humanity, War Crimes and Crimes Against Peace
XXXVIi POLISH YEaRbook of inTERnaTional law DOI 10.7420/pyil2017n 2017 PL ISSN 0554-498X Karolina Wierczyńska* AcT Of 18 DEcEmbEr 1998 ON ThE INSTiTuTE Of NaTiONal REmEmbraNcE – COmmiSSiON fOr ThE PrOSEcuTiON Of CrimES agaiNST ThE POliSh NaTiON aS a grOuNd fOr prOSEcuTiON Of crimES agaiNST humaNiTy, war crimES aNd crimES agaiNST pEacE Abstract: This article discusses definitions of crimes included into the Act of 18 December 1998 on the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation, and their usefulness in prosecuting individuals who committed international crimes. It is argued that the provisions of the Act cannot constitute a ground for criminal responsibility of individuals, as they violate the principle of nullum crimen sine lege certa. Keywords: crimes against humanity, crimes against peace, genocide, ICC, ICTR, Institute of National Remembrance, war crimes INTrOducTiON The current discussion on the Act of 18 December 1998 on the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation (the Act) should have been started many years before adoption of the controversial amendment which has unleashed an international furore, with Poland at the centre.