Criminal Law
Peyman Namamian
Abstract
International Criminal Court (ICC) has no jurisdiction over the crimes of terrorism. Initially, combating terrorism served as the motivation toward creating an ICC. In 1937, under the auspices of the League of Nations, an international convention against terrorism and an annexed statute of ICC were drafted. ...
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International Criminal Court (ICC) has no jurisdiction over the crimes of terrorism. Initially, combating terrorism served as the motivation toward creating an ICC. In 1937, under the auspices of the League of Nations, an international convention against terrorism and an annexed statute of ICC were drafted. Neither of these documents entered into force. Contemporary international criminal law, however, focuses on the prosecution and punishment of crimes committed in connection to large-scale armed conflicts. The only solution to eradicate terrorism is the consensus of the governments in a comprehensive document on the definition, examples, exceptions and criminal mechanisms in the fight against terrorism. Until then, we cannot expect international criminal law to fight terrorism well, and we will witness an increase in the number of victims of this sinister phenomenon.However, Rome Statute has gone into action and the court will begin its activity toward achieving the goals.
Criminal Law
Izuchukwu Temilade Nwagbara
Abstract
Since Nigeria’s transition back to democracy in 1999, the atrocities of the erstwhile military regimes have been left practically unaddressed. Though the Human Rights Violations Investigation Commission (‘HRVIC’ or ‘Oputa panel’) was set up in 1999 to investigate human rights ...
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Since Nigeria’s transition back to democracy in 1999, the atrocities of the erstwhile military regimes have been left practically unaddressed. Though the Human Rights Violations Investigation Commission (‘HRVIC’ or ‘Oputa panel’) was set up in 1999 to investigate human rights violations of the erstwhile military regime, the HRVIC’s report was discarded by the federal government. Hence, unlike Argentina's lustration efforts post-military dictatorship resulted in trials and convictions, Nigeria’s lustration efforts were unfruitful. Nigeria is a party to international human rights treaties. As such, it has an obligation under international to address human rights violations, albeit inertia is the status quo. Despite Nigeria’s obligation under international law, this inertia has led the Nigerian army to proceed with its impunity unabated. Three separate events of military impunity post-1999 are examined to support the proposition that impunity leads to more atrocities, as is the case with the Nigerian army.
Criminal Law
Shima naderi; Majid Motallebi
Abstract
The right to environment is viewed as a concept of human rights third generation in the international arena. Since the environment is recognized as a common heritage of humanity in international documents so as not to endanger the lives of present and future generations, damage to this rich heritage ...
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The right to environment is viewed as a concept of human rights third generation in the international arena. Since the environment is recognized as a common heritage of humanity in international documents so as not to endanger the lives of present and future generations, damage to this rich heritage must be prevented or reduced using explicit criminal law requirements in treaties and conventions. The study depicts the criminal protection of the right to a clean environment through library tools with a descriptive-analytical method aimed at presenting the governments’ role in international environmental conventions. Governments only have civil liability for environmental degradation. However, considering the environment as a common heritage of humanity, crimes against it are considered as crimes against humanity. On the other hand, these crimes jeopardize international peace and security; therefore, the wrongdoing government can be prosecuted under Chapter 7 of the UN Charter and convicted to paying compensation.
Criminal Law
Delphine Defossez
Abstract
Today’s challenges scream for a different type of response. Globalization and the emergence of new transnational threats, such as terrorism, have created new realities and fundamentally changed the nature of the purpose of international law. International law can help set up a framework, but terms ...
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Today’s challenges scream for a different type of response. Globalization and the emergence of new transnational threats, such as terrorism, have created new realities and fundamentally changed the nature of the purpose of international law. International law can help set up a framework, but terms of homeland defence to make the country less vulnerable have to be set by each country. Until now, no international definition of terrorism has been produced, creating tensions between states and allowing states to enact laws against the opponents to the regime. At the same time, one of the reasons for the lack of definition at international level is that countries stick to their national vision of terrorism. This vicious circle raises the question of whether it is not time to abandon the domestic approach to international law in order to successfully define terrorism at international level.
