Justice pour les crimes contre l’humanité et génocides : point de vue et attentes des victimes

Les violations aux droits humains causent des milliers de victimes chaque année, des mécanismes de justice sont élaborés afin de répondre à ces crimes, mais les victimes demeurent peu consultées. Par le biais d’entretiens semi-directifs, cette étude présente le point de vue et les attentes des victimes de crimes contre l’humanité du Cambodge et du Rwanda sur la justice. La justice sociale constitue le cadre théorique de cette étude. Les résultats montrent que la justice pénale est centrale à la définition de la justice. La réparation et la vérité en constituent aussi les éléments essentiels. Toutefois, la capacité des tribunaux à rendre compte de la vérité est critiquée par les répondants créant un écart entre ce qu’elles veulent et ce qu’elles obtiennent. La qualité de la prise de décision et du traitement interpersonnel favorise aussi la perception de justice du point de vue des victimes. Les différentes composantes de la justice perçues, comme la punition, la réparation et la procédure, varient toutefois en fonction du contexte social et historique de la victimisation.

Les difficultés d’application du droit international au conflit du Haut-Karabagh : effectivités et causes géopolitiques

Conflit présenté comme gelé, la guerre du Haut-Karabagh n’en est pas moins réelle, s’inscrivant dans une géopolitique régionale complexe et passionnante, nécessitant de s’intéresser à l’histoire des peuples de la région, à l’histoire des conquêtes et politiques menées concomitamment. Comprendre les raisons de ce conflit situé aux limites de l’Europe et de l’Asie, comprendre les enjeux en cause, que se soit la problématique énergétique ou l’importance stratégique de la région du Caucase à la fois pour la Russie mais également pour les Etats-Unis ou l’Union Européenne ; autant de réflexions que soulève cette recherche. Au delà, c’est l’influence réciproque du droit international et du politique qui sera prise en compte, notamment concernant l’échec des négociations actuelles. Les difficultés d’application du droit international à ce conflit sui generis se situent à plusieurs niveaux ; sur le statut de la région principalement, mais également sur les mécanismes de sanctions et de réparations devant s’appliquer aux crimes sur les personnes et les biens et qui se heurtent à la classification difficile du conflit.

Towards an understanding of “crimes againsthumanity” since Nuremberg

This article makes an historical analysis of the manner in which crimes againsthumanity have acquired an independent status from crimes of war and aggressionever since the concept was first introduced in discussions between the Allies duringthe establishment of the International Military Tribunal at Nuremberg. It describes themanner in which the concept has evolved and been discussed in several internationalbodies, and how it was finally included in the Rome Statute of the International CriminalCourt. The article shows how the Nuremberg trials have a fundamental legaland historical meaning in that they institutionalized individual responsibility for anew category of crimes before an international tribunal. It also shows how after theNuremberg trials, crimes against humanity have been gradually withdrawn fromthe competency of government sovereignty to become a matter for the internationalcommunity of nations.

Crocodile crimes: people versus wildlife and the politics of postcolonial conservation on Lake Kariba, Zimbabwe

This article is about the politics of conservation in postcolonial Southern Africa. It focuses on the process and consequences of redefining the Nile crocodile as an endangered species and explores the linked local and international, commercial and conservationist interests that allowed the animal to re-establish itself in state-protected waterways in colonial and postcolonial contexts. It investigates the effects of the animal's successful re-accommodation by examining conflicts between crocodiles and the fishing communities sharing space on Lake Kariba, Zimbabwe. Fishermen's hostile representations of the animal emphasize competition for fish, harassment, fear, loss of assets and loss of life. Their fear of crocodiles is heightened by the animal's entanglement in local social life, through its association with witchcraft. The article emphasizes the importance of considering both hegemonic and marginalized ideas about animals in the light of the material interactions, relations of power and historical contexts that shape them. Understanding the attitudes and circumstances of the local communities who bear the physical and economic costs of living with dangerous animals is important-it threatens the future of conservation programmes and reveals the potential for significant abuses to accompany the conservation of wildlife in postcolonial contexts. © 2004 Elsevier Ltd. All rights reserved.

International sentencing law: in search of a justification and coherent framework

An international sentencing jurisprudence is emerging from the decisions by the International Criminal Tribunal for the Former Yugoslavia (ICTY or the Yugoslav tribunal) and the International Criminal Tribunal for Rwanda (ICTR or the Rwanda tribunal) (collectively, 'the tribunals'). This article examines international sentencing law and practice and discusses the justification for the practice. International sentencing law has several objectives. The main goals are reconciliation, deterrence, retribution and rehabilitation. The sentencing inquiry is marked by a high degree of discretion and has resulted in sentencers developing a large amount of aggravating and mitigating considerations, such as being in a position of authority, remorse and good character. It is argued that the current international sentencing approach is flawed - fundamentally so. Most of the stated goals of international sentencing in the form of reconciliation, retribution and rehabilitation are either highly speculative or misguided. The only justification for the practice is general deterrence. This is, however, significantly undermined by the selective and infrequent enforcement of crimes within the jurisdiction of such tribunals. The stated aggravated and mitigating considerations are not valid given that they are not justified by reference to the stated aims of sentencing and only serve to undermine the search for a penalty which is commensurate the serious of the offence. This article suggests a coherent framework for international sentencing policy and practice.

In search of coherent jurisprudence for international criminal law : correlating universal human responsibilities with universal human rights

I. The Evolution of International Criminal Law International criminal justice concerns breaches of international rules entailing the personal criminal liability of individuals (as opposed to the State for which the individuals may act as agents or organs), and presently includes acts such as genocide, torture, crimes against humanity, aggression and terrorism. ... A rule stating: any act of armed conflict which directly causes the death of a civilian is a war crime unless it can be shown that the military advantage gained by the attack outweighs the harm. ... Thus, so far as international criminal law is concerned any act during armed conflict which results in the death or injury to a person who does not pose a direct threat to the life of the accused should be a war crime. ... Pursuant to the Rome Statute and as a matter of customary international law torture is a war crime when performed in the context of an armed conflict, and a crime against humanity when it is part of systematic criminal conduct. ... Torture can also constitute an individual international crime, even where it does not satisfy the criteria of a war crime or crime against humanity. ...

‘The Snowtown we know and love’ : small newspapers and heinous crimes

This paper examines the role of small newspapers in Australia when bizarre and shocking crimes are committed locally. These crimes often attract intense media attention that casts a net of shame across entire townships through their representation as places of fascination and fear in the public imagination. We take a practice approach in the tradition of Pierre Bourdieu to explore the complex editorial considerations, news judgements and community responsibilities small newspapers must negotiate when covering these stories for local audiences. This study focuses on three towns in regional Australia that have been represented in metropolitan and international news media as ‘dead zones' after shocking crimes: Bowral in NSW, Snowtown in South Australia and Moe in Victoria.

International sex offender registration laws : research and evaluation issues based on a review of current scientific literature

In many jurisdictions, anyone convicted of a sexual offense is required to register with police, often for life. Nine different countries have now implemented sex offender registries in an attempt to protect the public from the perceived threat posed by sexual offenders. Yet such laws have been criticized as being overly inclusive, tying up limited law enforcement resources to track many offenders who pose little risk of sexual reoffending. This paper considers the available research evidence relevant to the effectiveness of such laws for the deterrence of sexual offending and the investigation of sex crimes. It is concluded that significant gaps persist in our knowledge of whether existing laws effectively reduce sexual offending or reoffending and that large-scale, well-designed studies of the impact of sex offender registration on rates of offending, the collateral consequences to offenders and their families, and the costs of such laws are needed.

A eficácia, no ordenamento jurídico brasileiro, da responsabilização penal da pessoa jurídica pela prática de crimes ambientais

The environment, which fundamental importance has already been recognized in all the world, is an actual national and international discussion subject, whose interest grows for the society, and consequently to the Law, in order to prevent the natural resources to the present and future generations. The 1988 Brazilian Constitution, recognizing the importance of the environment, treated about it in many of its parts, even dedicating a specific chapter (Chapter V About Environment, inserted in Title VIII About Social Order). The brazilian constitutional text established to everyone the fundamental right of enjoying an equilibrated environment, obligating the State and all society to defend and preserve the environment to the present and future generations. The economic growing process, that predominated and still persist in the big majority of the countries, where is practiced the capitalist system, has in the enterprises (legal persons) one of its main actors. Many times, these enterprises, especially in the actual globalized world in where we live, where the gain of money is priorized, ends, at the moment they act, making damages to the environment. These damages are, many times, considered by the law. crimes against the environment. The 1988 Brazilian Constitution, according to the Modern Criminal Law, realizing that many crimes were being committed by the enterprises, established in article 225, §3rd, the criminal responsibility of the legal persons. Almost ten years after the 1988 Brazilian Constitution, was published the Law number 9.605/98, in which third article established the penal responsibility of the legal persons that practice crimes against the environment, without excluding the individual responsibility

Intelectuais e política: a trajetória do Tribunal Internacional de Crimes de Guerra (1966-1967)

Pós-graduação em História - FCHS

Ni una más. International cooperation against gender-based discrimination: the femicide case in Ciudad Juárez, Chihuahua, Mexico

The femicide in Ciudad Juárez is a story made of extreme violence against women for different reasons, by different actors, under different circumstances, and following different behavioural patterns. All within a gender discrimination frame based on the idea that women are inferior, interchangeable and disposable according to the patriarchal hierarchy still present in Mexico, but strongly reinforced by a sort of conspiracy of silence provoked either by the high impunity rate, the governmental incompetence to solve the crimes, or the general indifference of the population. It is the story of hundreds of kidnapped, raped, in many cases tortured, and murdered young women in the border between Mexico and the United States. The murders first came into light in 1993 and up to now young women continue to “disappear” without any hope of bringing the perpetrators to justice, stopping impunity, convicting the assassins, and bringing justice to the families of the deceased girls and women. The main questions about femicide in Ciudad Juárez seem to be: why were they brutally assassinated?, why most of the crimes have not been solved yet?, why and how is Ciudad Juárez different from other border cities with the same characteristics?, which powers are behind those crimes in a city that implies mainly women as its labor force, and which has the lowest unemployment rate in the whole country? But there are also many other questions dealing more with the context, the Juarences’ lifestyles, the eventual hidden powers behind the crimes, the possible murderers’ reasons, the response of the local civil society, or the international community actions to fight against femicide there, among many other things, that are still waiting for an answer and that this paper will ‘narrate’ in order to provide a holistic panorama for the readers. But above all there is the need to remember that every single woman or girl assassinated there had a name, an identity, a family, a story to be told time after time and as many times as necessary, in order to avoid accepting these crimes just as statistics, as cold numbers that might make us forget the human tragedy that has been flagellating the city since 1993. We must remember as well that their deaths express gender oppression, the inequality of the relations between what is male and what is female, a manifestation of domination, terror, social extermination, patriarchal hegemony, social class and impunity. The city is the perfect mirror where all the contradictions of globalization get reflected. It is there where all the globalization evils are present and survive by sucking their women’s blood. It is a city where some concepts such as gender, migration and power are closely related with a negative connotation.

«The Broken Years»: War Crimes and the laws of war under the impact of the First World War

When the First World War began, the international co-operation of legal academics, which had been a characteristic of the late 19th and early 20th century came to a halt. In the context of the atrocities in Belgium as well as Serbia academics on both sides became involved in the propaganda campaigns of the belligerents on both sides. Not many of them were able to divest themselves. The presentation will claim that as a consequence the time between the First World War and the beginning of the Second can be characterized as «Broken Years» not only in regard to war veterans (Gammage 1974), but also in regard to the international academic discourse on issues of war crimes and the laws of war. This shall be substantiated by a look at academic activities in the interwar period within the International Law Association, the Institut de Droit International, the Interparliamentary Union, the Association Internationale de Droit Pénal and the Internationale Kriminalistische Vereinigung.