Dissertations / Theses on the topic 'Crimes de guerre – Procès'
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Trichet, Florie, and Florie Trichet. "La spécialisation de la poursuite du génocide, des crimes contre l'humanité et des crimes de guerre : étude comparée des systèmes canadien et français." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/27463.
Full textLe présent mémoire propose une analyse comparée des systèmes canadien et français relativement à la poursuite des crimes internationaux. Ces deux États ont adapté leur législation et mis en place, à des années d'intervalle, des unités spécialisées dans la poursuite de ces crimes. De telles poursuites portant sur des faits commis dans un État étranger plusieurs années auparavant, des questions principalement liées à leurs coûts ou aux impacts sur les relations internationales sont prises en compte par l'autorité nationale que ce soit au stade de la décision d'engager des poursuites ou ensuite lors de l'exercice de celles-ci. Ce mémoire se propose donc d'étudier les diverses mesures qui ont été prises par le Canada et par la France dans l'organisation de la spécialisation de leurs poursuites tout en composant avec les difficultés inhérentes à la nature des crimes commis. Les questions de l'existence d'un modèle commun et des évolutions à envisager permettront de nous guider dans les développements de cette étude.
Laucci, Cyril. "Les compétences nationales et internationales en matière de répression des crimes de guerre." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32021.
Full textRoulot, Jean-François. "Le crime contre l'humanite." Dijon, 1998. http://www.theses.fr/1998DIJOD003.
Full textPendaries, Yveline. "Les procès de Rastatt : le jugement des crimes de guerre en zone française d'occupation en Allemagne de 1946 à 1954." Paris 10, 1993. http://www.theses.fr/1993PA100083.
Full textFrom 1946 to 1954, in the French zone of occupation in Germany, the search of war criminals by the French occupation authorities and their judgment in application of the law no 10 issued on 20 December 1945 by the allied control council headquartered in Berlin, intended to punish war crimes, crimes against peace and against humanity by the tribunals of the military government until 1948, then by new juridictions more in line with the French usages. Some twenty important trials have taken place in Restatt: trials concerning the concentration camps of Wurttemberg and Neckar - sub-camps of Natzweiler -, of Neue Bremm, Porta, Leonberg, Hinzert, trial againts Fritz Suhren, chief of the Ravensbruck camp. . . But the most important trial was undoubtedly the one of Hermann Rochling, the magnate of metallurgic industry in Saar, which mainly addressed economics
Gemählich, Matthias. ""Notre combat pour la paix" : la France et le procès de Nuremberg 1945/46." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01H075.
Full textThe dissertation examines the French contribution to the Trial of the Major German War Criminals before the International Military Tribunal (IMT) at Nuremberg in 1945/46 in its political and judicial dimension
Bloxham, Donald. "Genocide on trial : war crimes trials and the formation of Holocaust history and memory /." Oxford : Oxford university press, 2003. http://catalogue.bnf.fr/ark:/12148/cb390951061.
Full textDocuments en annexes (verdicts du procès de Nuremberg et d'autres procès). Bibliogr. p. 233-261. Index.
Schöpfel, Ann-Sophie. "La France et le procès de Tokyo : l'Engagement de diplomates et de juges français en faveur d'une justice internationale 1941-1954." Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0111/document.
Full textAlarmed by the magnitude of the atrocities perpetrated in Europe and in Asia, the Allies demonstrated their resolve to punish those responsible for such acts in 1945. From 1945 to 1948, prominent members of Nazi Germany and the Japanese Empire were prosecuted at the Nuremberg and the Tokyo International Military Trials. In Japan, the United States invited France to participate in the Tokyo trial. This trial offered her an unexpected opportunity to build prestige in the Far East; during World War II, France had lost her richest colony, Indochina, and hoped to regain it. France wanted to prove that she was a nation of rights in Asia where decolonization was gaining ground. But it is hardly surprising that her delegates did not protect the national interest. On the contrary, they just wished to improve the fairness of the Tokyo trial. Based on unpublished sources, this thesis aims to understand their commitment to international justice. It sheds new light on the Tokyo trial and on the history of transitional justice
Weisers, Marie-Anne. "Juger les crimes contre les Juifs: des Allemands devant les tribunaux belges, 1941-1951." Doctoral thesis, Universite Libre de Bruxelles, 2014. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209269.
Full textDoctorat en Histoire, art et archéologie
info:eu-repo/semantics/nonPublished
Dumas, Hélène. "Juger le génocide sur les collines : une étude des procès gacaca au Rwanda (2006-2012)." Paris, EHESS, 2013. http://www.theses.fr/2013EHES0040.
Full textBased on an analysis of gacaca trials recordings, the thesis aims to reconstruct the mechanisms of the execution of the 1994 genocide of the Rwandan Tutsi at a micro-local level. The narratives of the experiences of the different actors, called together within a totally new judicial scene, where judges themselves are survivors or eye-witnesses to the events, form the core material of this work, which first explores the conditions of the elaboration of the testimonies, and then analyses their content. Rooted in the social and emotional worlds, the gacaca tribunals reveal the intimacy of the massacres, carried out in the heart of the vicinities of hills and neighbourhoods. The confessions of the killers, as well as the other narratives unfolding through the audiences, unveil the diversity and the complexity of the forms of engagement in the violence, making it possible to give an account of the fulgurating efficiency of the 1994 spring massacres. At the same time, the trials render the experiences of survival, at the moment of the event, and in the aftermath. For survivors, « that time» of the genocide (icyo gihe) represents the time of the cruel reversal of the neighbourhood, and sometimes, of their family. For the killers, on the other hand, the time of the massacres belongs to the continuity of the time of the war, off arming work or of cabaret sociability. The narrative of the micro-local history of the killings relies on a critical examination and on a long-term perspective of social actors' accounts, such as they were unfolded during the trials in their original language, kinyarwanda
Mouralis, Guillaume. "Uné épuration allemande : la RDA en procès : 1949-2004." Paris 10, 2005. http://www.theses.fr/2005PA100165.
Full textBaruani, Saleh José. "Le tribunal pénal international pour le Rwanda et l'accusé : la fonction juridictionnelle face aux objectifs politiques de paix et de réconciliation nationale." Reims, 2010. http://www.theses.fr/2010REIMD006.
Full textThe International Criminal Tribunal for Rwanda in appearance created to try to prosecute perpetrators of violations of international humanitarian law which were committed in Rwanda in 1994. The preamble of Resolution 955 of the Security Council United Nations, which is the source of that court, said that this main organ of the United Nations was convinced that the advent of international criminal justice for Rwanda would contribute to peace and national reconciliation. Fifteen years after its creation, the exercise of the judicial function, by protecting the accused in terms of fair trial, and the establishment of their international criminal responsibility, does not therefore allow these political objectives. The main reason lies in the fact that the architecture of international criminal trials takes part not much in the achievement of such a political design policy. Includes through the function of the penalty, which applies only to the retributive function and not rehabilitative, and the absence of the victim as a partner in a plan that was first created for her, and this, on behalf of human rights. In addition, the progressist approach, although present in the interpretation of rules, influenced moreover by political considerations (diplomatic) did not allow this Court to express itself as a real court, including through the protective function of the defendants. It shows well the challenges faced by the international criminal court to extricate formalism law enforcement due to its international character, without the risk of distorting the judicial nature, and therefore repressive
Le, Merle Mathilde. "Les tribunaux du Gouvernement militaire en zone française d’occupation en Allemagne (1946-1956) : Vivre et agir en régime totalitaire." Thesis, Orléans, 2019. http://www.theses.fr/2019ORLE3018.
Full textEven if the trail in Nuremberg and the British and American occupation zones passes into posterity, those in the French Zone rested confidential for a long time. However, there were over 2100 presumed war criminals, men and women, who appeared from 1946 to 1956 before the military government courts and then the Allied High Commission courts. Charged under the Control Council Law Number 10, they were held liable for war crimes, crimes against humanity and in an exceptional case, for crimes against peace. Covering a wide range spectrum of responsibility, ranging from that of ordinary citizens to that of the National Socialist Party officials and members of concentration camps through to that of industrialists, as well as, that of legal and healthcare practitioners, the rich case law of Military Government Courts in the French zone of occupation, marked by the natural law, allowed to define a number of standards that all should respect, even a totalitarian State and what ever was the state of the internal law, otherwise, under penalty of criminal responsibility
Maier, Regina. "NS-Kriminalität vor Gericht : Strafverfahren vor den Landgerichten Marburg und Kassel 1945-1955 /." Darmstadt : Marburg : Hessische Historische Kommission ; Historische Kommission für Hessen, 2009. http://catalogue.bnf.fr/ark:/12148/cb41457726n.
Full textHassan, Kamal. "Le statut des tribunaux ad hoc en droit international pénal." Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1005/document.
Full textThe purpose of this thesis is to examine the ad hoc tribunals by analysing their definition in international public law, their founding legal principles, their jurisdiction over international crimes and their goals to determine wether there is a common international status for these tribunals.The implementation of the first ad hoc tribunals on the international stage after World War II, the IMT of Nuremberg and Tokyo, was due to the inability or unwillingness of the internal judicial system in the countries concerned to bring the perpetrators of war crimes to justice.Subsequently, nine ad hoc tribunals were established (either unilaterally by the Security Council or through an international agreement) with a view to prosecute the most monstrous crimes, such as crimes of genocide, crimes against humanity and war crimes. In this respect, we can say that the ad hoc tribunals benefit from all the mechanisms required to be efficient, such as individual criminal responsibility, primacy over nation courts and the obligation of States to cooperate,and they have succeeded to achieve the purpose of justice.However, in addition to their natural function to ensure justice, these tribunals had been given a further aim : to achieve international peace and security. They were not able to achieve this aim, because a legal body cannot reach a goal whose motives are political.After studying the status of the ad hoc tribunals and thus necessarily analysing all the texts which organise the function of these tribunals, we are in a position to confirm that the ad hoc tribunals will not be replaced by other judicial bodies, such as transitional justice or universal jurisdiction.Moreover, despite the entry into force of the ICC as a permanent court in 2002, new ad hoc tribunals will be established. Their status could be based on the common status and on our proposals
Maqsood, Safwan. "La lutte contre les crimes internationaux commis en temps de paix." Lyon 2, 2008. http://theses.univ-lyon2.fr/documents/lyon2/2008/maqsood_s.
Full textUnder this study the author examines various questions as to legal nature of the international crime and the criminal responsibility for committed this crime. He deepthly deal with the concept of individual criminal responsibility. This responsibility was recognized in many decisions adopted by the Internationals Militaries Tribunals (Nuremberg and Tokyo) which were created at the end of the 2nd World War. It’s recognized too in the works of International law Commission (ILC) after it’s established by the UN since 60 years ago. For effective repression of international crimes, which causing the damages to the international interests, especially the crimes against humanity and genocide, the international law reserved several cases to submitting of the national criminal jurisdiction. In this actually study, the author focused on the modern development in principal of universal jurisdiction and the complementarity which are quite often to be applied in difficult political environment, keeping in mind that these principaled have to deal with international and national constraints. Once the principle of complemntarity represents one aspect of the principle of universality and should relay on its general acceptance to further its efficaency and implementation. This principal reflected the jurisdictionnal relationship between the International Criminal Court (ICC) and the nationals courts. We were demonstrated the following prohibited acts which placed in list of crimes against humanity: Murder, Extermination, Enslavement, Torture and Apartheid. It s appear for us that these prohibited acts qualified as crimes against humanity by their definitions in the International Conventions, ILC works and Jurisprudence since the Nuremberg and Tokyo trails after the end of the 2nd World War to these days. Finally, this study analyses the development of the notion of universal jurisdiction proposed by the advocates of international law and adopted in the national laws with a view to strengthening the criminal justice system and preventing impunity
Loyant, Jean-Philippe. "Le concept de crimes de guerre en droit international." Paris 2, 2010. http://www.theses.fr/2010PA020112.
Full textSkoko, Andrej. "Le capitalisme de guerre : le droit pénal canadien face à la participation des compagnies aux crimes de guerre, crimes contre l'humanité et génocide." Thesis, Université Laval, 2011. http://www.theses.ulaval.ca/2011/28482/28482.pdf.
Full textBouvier, Charlotte-Lucie. "La mémoire et le droit des crimes de guerre et des crimes contre l'humanité depuis la seconde guerre mondiale : comparaison Allemagne fédérale / France." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3018/document.
Full textContrary to the popular belief that the time clears injuries, the finding must be made of the omnipresence of the memory as a matrix of guidelines decided by our leaders. Seventy years after the World War II ended, it occupies public space in all its components and drives the adoption of laws recognizing victims and punishing speech of negation. Meanwhile, the legislature must meet its conventional obligations and the requirements of international criminal justice. But again, the political contingencies are strong, which block legal thinking and lead to the creation of controversial provisions. This phenomenon, striking in France, is less at our german neighbor, yet reliant on a heavy legacy memorial. This observation may surprise those who do not consider the joint but divergent evolutions of the two states since 1945, on the « treatment » of international crimes by nature and their consequences ; hence the usefulness of a transverse, historical and comparative approach to these issues
Bertrand, Virginie. "Crimes de guerre au XXe siècle et juridictions pénales internationales." Thesis, Montpellier 3, 2012. http://www.theses.fr/2012MON30066.
Full textWar crimes are serious violations of international criminal law. However, each new conflict, international or non-international, gives rise to the commission of war crimes. Why ? Does-it have factors that predispose to violent behaviours ? The 20th century is the century of international criminal law which is first characterized by the establishment of international military tribunals after the discovery of the atrocities of World War II, then international tribunals « ad hoc », eventually it ends by the introduction of an international criminal court. International Criminal Tribunals established for former Yugoslavia and Rwanda have permitted the application of International Conventions, defining armed conflict’s rules, to non-international armed conflicts. What was the impact of these tribunals’ case laws on war crime concept ? Eventually, even if the establishment of International Criminal Court gave hope to combat impunity, its status highlights the delicate balance between states’ sovereignty and the willingness of universal justice. Transitional justice was introduced to complete or to replace institutional justice in some cases. One of transitional justice’s objectives is to make a transition a transition between wartime and peacetime as smooth as possible even if many challenges remain. In fact, the fast restoration of lasting peace would it not be better ? The transitional justice leads us to wonder if we have to judge or forgive war crimes ?
Stroh, Dagmar Patricia. "Die nationale Zusammenarbeit mit den internationalen Straftribunalen für das ehemalige Jugoslawien und für Ruanda /." Berlin : Springer, 2002. http://catalogue.bnf.fr/ark:/12148/cb392500120.
Full textMention parallèle de titre ou de responsabilité : State cooperation with the International criminal tribunals for the former Yougoslavia and for Rwanda. Textes en allemand, résumé en anglais. Bibliogr. p. [381]-394. Index.
Arnoux, de Maison Rouge Olivier. "L'Algérie française en procès : justice et politique devant les juridictions d'exception - 1960-1963." Clermont-Ferrand 1, 2007. http://www.theses.fr/2007CLF1A001.
Full textBu, Zubar Mohammed. "Le Tribunal pénal international pour l'ex-Yougoslavie." Poitiers, 1999. http://www.theses.fr/1999POIT3013.
Full textVukpaljaj, Anton. "Le Tribunal Pénal International pour l' ex-Yougoslavie (TPIY) et les acteurs politiques nationaux : la Serbie, la Croatie et la Bosnie-Herzégovine à l'épreuve du jugement des crimes de guerre." Thesis, Paris 10, 2009. http://www.theses.fr/2009PA100064.
Full textThis thesis constitutes a reflection on the co-operation of Bosnia-Herzegovina, Croatia and Serbia with the International Criminal Tribunal for the former Yugoslavia (ICTY). The unstable situation of this area posed a certain number of problems and difficulties to the Court to conclude its action in the observation of the infringements, the gathering of the evidence and research of the authors before their judgment. Serbian and Croatian nationalists will use the question of the co-operation with the Court to reinforce their influence on the institutions of their respective countries. In Bosnia-Herzegovina they delay the dismantling of the parallel structures which they had set up during the war. In Croatia, the Tudjman government refuses to cooperate with the Court by fear to see him associated with the crimes committed by the Croats in Bosnia. In Serbia, each election becomes an anti-ICTY plebiscite and makes it possible for the Radicals to become the first political force of the Country. The various political forces tear in connection with the co-operation with the Court. Thus, the arrest and the transfer in The Hague of Slobodan Milosevic, in July 2001, caused the bursting of the coalition of the DOS (Demokratska Opozicija Srbije) which had reversed the former president in October 2000. The murderer of the Serbian Prime Minister, Zoran Djindjic, a former paramilitary, declared on the day of his arrest that he had killed the Prime Minister by fear to see himself arrested and transferred to The Hague. The question of cooperating with the ICTY weighed like a sword of Damocles over the head of the successive Serbian and Croatian governments
Yankulije, Hilaire. "Le contentieux international pénal dans les pays inter-lacustres d’Afrique : de la guerre froide a la cour pénale internationale." Thesis, Perpignan, 2017. http://www.theses.fr/2017PERP0058.
Full textThis thesis aims at making an update compilation of the all crimes perpetrated in Democratic Republic of Congo, in Burundi in Uganda and in Rwanda. The above said crimes are those related to the international law judged and those to be judged by international criminal courts and tribunals. Our thesis articulates around four main sub topics. The first consist of studying the high moments of international criminal law and the place of this branch of law in international law arena. The second studies the high moments of mass killings in the inter-lacustrine region of Africa while the third identifies the crimes against the peace and security of humanity perpetrated in the above-mentioned region. These crimes include genocide, crimes against humanity and war crimes. The fourth and final area of focus demonstrates the forms of international criminal responsibility developed by Law case in International Criminal tribunal for Rwanda and in International criminal court as well. The present research explores broadly the genocide perpetrated against Tutsi in Rwanda and focuses on the elements of the massacres perpetrated against the hutu communities in Burundi, Rwanda and Democratic Republic of Congo on which genocide hypothesis is highly advanced by international community and some scholars. Moreover, this research has analyzed the jurisprudence of international courts and tribunals to study contextual elements and additional infractions to war crimes, and crimes against humanity. It provides a typical and comprehensive understanding of the groups protected by the international humanitarian law conventions and the scenarios in which this right has been violated. At the end, this work examines the liability in the crimes against the peace and security of humanity that have triggered the responsibility of criminals. The collective types of participation including joint criminal enterprises and command responsibility by taking the cases of study the massacres perpetrated in the above-mentioned region
Tavoso, Marie-Aude. "La définition des éléments constitutifs des crimes contre l'humanité, du génocide et des crimes de guerre : la nature de l'infraction internationale." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32048.
Full textDuring the last ten year, international criminal law been characterized by a rapid evolution that raises some important questions. Despite the adoption of new rules incriminating crimes against humanity, genocide and war crimes and the exercise of jurisdiction over these crimes at the international and national level, the concept of international crime remains uncertain. A comaprative analysis between the heterogeneous sources of law and the different definitions of actus reus and mens rea is necessary to establish a practical criterion that distinguishes international crimes stricto sensu from common crimes. It appears in this study that there is a recognition of the collective nature of international criminality and a common evolution in crimes against humanity law and war crimes law towards a particular conception of culpability and criminal conduct and major specificity
Millogo, Yves. "Logique et rhétorique du procès de Nuremberg : nécessités et limites des T.P.I. : les enjeux d'une cour pénale internationale." Amiens, 2005. http://www.theses.fr/2005AMIE0017.
Full textMiranda, Federica. "La femme dans le procès romain." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020075/document.
Full textThe woman’s role in the trial can substantially be brought back to three areas: the evidence, the legal aid and the guilt.It is generally accepted that the woman could not be a witness. However this does not what come out from the Digest, where is deduced a general witness ability unless the woman has not been condemned for adultery.Even though the woman was excluded moribus from the officia virilia (D. 50.17.2 pr.-1), in addition to the position of witness, there are testimonies of mulieres that discussed cases pro se aut pro aliis. This women are judged by the ancient authors with indignation (because the in iudicis tacere was the only appropriate behavior for the female condicio naturae). They are extraordinary exempla, that must be handed down as negative examples.Of course, there was no place in the Roman world for women judges. It is interesting how Cassius Dio (h. R. 50.5.4) uses this foreclosure, to demonstrate how much Queen Cleopatra was far from the Roman customs.The largest range of cases is the one of mulieres reae. The Idealtypus of the woman for the Romans is the one of a good wife and a good mother, sober, reliable, silent. In this social background, the female crimes more perpetrated are therefore veneficium, adulterium, stuprum and probum. It is particular also the crime of wine drinking, a hypothesis of crime that is punished only if it is made by a woman. The mulier was – within the limits of her status – cives and she could be tried with every trial system. But, some characteristics have distinguished the trial against men from the trial against women
Lavric, Sabrina. "Le principe d'égalité des armes dans le procès pénal." Thesis, Nancy 2, 2008. http://www.theses.fr/2008NAN20007.
Full textThe principle of equality of arms has emerged in french criminal procedure under the influence of both european human rights law and constitutional case law. Part of the right to a fair trial before the european court of human rights, the duty of a balance between the rights of the parties, now roclaimed in front of the criminal procedure code, meets several problems of application to the french criminal process. The common law origins of this principle seem to be opposed to the french judge’s general conception of the equality of arms. The particular relation of this last to the european norm has, in addition, led him to remodel the meaning and the impact of the notion in french law. If it tends today to increasingly impose as a leading principle of the french criminal process, the principle of equality of arms somehow seems to go against the intrinsic face of it. Structurally inadapted to the french criminal process, it could even, in fine, in its “denaturated” version, contribute to deeply destabilize it
Ranjbarian, Amir Hossein. "La criminalisation des violations graves du droit international humanitaire commises au cours de conflits armés non internationaux." Paris 13, 2001. http://www.theses.fr/2001PA131015.
Full textWurtz, Karine. "L'apport des théories morales de la responsabilité pour penser l'imputabilité des crimes de guerre." Paris 1, 2010. http://www.theses.fr/2010PA010573.
Full textDanlos, Julien. "De l'idée de crimes contre l'humanité en droit international." Phd thesis, Université de Caen, 2010. http://tel.archives-ouvertes.fr/tel-00541833.
Full textHervé, Michel. "Une bataille jugée : la défaite des Saintes (12 avril 1782 ) et le Conseil de guerre de Lorient." Paris 4, 2007. http://www.theses.fr/2007PA040079.
Full textThe battle at the Saintes opposed the British and French fleets on April 12, 1782. The French navy was commended by comte de Grasse who has been famous the preceding year in the Chesapeake bay, by beating admiral Graves. Thanks to this victory, Yorktown was occupied and the United States win independency. In 1782 the British navy will get their revenge and Admiral Rodney will defeat de Grasse who was getting prepared to invade Jamaica. Back in Versailles, De Grasse to justify himself accused his squadron commanders Vaudreuil and Bougainville to have disobeyed his orders. A war council was then installed by Louis XVI. Three hundred and four sailors will then summoned to Lorient as witnesses, and each of them will try and justify his conduct. After three months of trial, Bougainville was the only one condemned, and all the other officers were acquitted. De Grasse was the real loser of the trial. He was forbidden to command a ship again and during a century years he was disgraced in the French navy. But the Americans and Washington will always pay tribute to him
Belbenoit-Avich, Pierre. "Contribution au bilan des tribunaux pénaux internationaux pour l'Ex-Yougoslavie et le Rwanda : la responsabilité pénale internationale individuelle : les crimes de guerre." Montpellier 1, 2008. http://www.theses.fr/2008MON10002.
Full textThe international criminal tribunals for the Former Yugoslavia and Rwanda, created by the Security Council on the basis of Chapter VII, are intrusted with the responsibility to work towards peace building and security in the Balkans and the Great Lakes region. They constitute a crucial resurrection of the principle of international criminal law, fifty years after Nuremberg and Tokyo. Faced with the weakness of the legal sources, the judges had to put together a scheme in order to administer justice. Naturally, they turned down functional immunity as well as justifications connected with law authority and superior orders. Their case law follows a strict policy as for duress and state of necessity. The three configurations of joint criminal enterprise integrated by the Appeal Chamber in the TADIĆ case and the responsibilisation of superiors intend to target “true” responsibilities and to act as a deterrent at the same time. Furthermore, in order to define war crimes, the international criminal tribunals had to analyse – and affirm – the “state” of the customary international humanitarian criminalized law concerning international and internal armed conflicts. The purpose of this thesis is to emphasize the strong determination of their case law, which will inspire the International Criminal Court
Béhrouzi, Mahine. "Le procès fait à Bernat de Cabrera (1364-1372)." Thesis, Bordeaux 3, 2014. http://www.theses.fr/2014BOR30009/document.
Full textThe intention of this work is to study the proceedings against Bernat de Cabrera, advisor to Peter III of Catalonia (IV of Aragon) for treason and lese-majesty in 1364. These "proceedings" are kept in the Archives of the Crown of Aragon but were printed in 1867. Some documents from the Chancellery of Peter IV, some from the Navarrese funds and, in fewer numbers, some narrative sources enable critical cross checking. The Royal will to justify the death penalty applied to a privado coming from high nobility through the data collection of investigatory sources, as well as the clearing of his name in 1381 question the solidity of the facts charged against Bernat de Cabrera, the law methods applied, the interests at stake in the realm of Aragon and more widely in Spain during the second half of the XIVth century. The procedure as well as the facts charged against he that died beheaded on July 26th, 1364 show the diplomatic stakes at play between the kingdoms of Spain, during the Castile-Aragon war, but more widely in Europe, the new balances of power between nobility, city power and royal power, but also the mutations of royal power put in a difficult situation by unceasing wars and the search for new supports. The witnesses' testimonies, though of course biased, describe behaviours, evoke values and also expectations. This work tries to figure out Count Osona's itinerary but also that of prisoners and middlemen in torn Iberian Peninsula. The study also bears on the confrontation of norms between power and society
Urselmann, Karin. "Die Bedeutung des Barbie-Prozesses für die französische Vergangenheitsbewältigung /." Frankfurt am Main ; Berlin ; Bern : P. Lang, 2000. http://catalogue.bnf.fr/ark:/12148/cb39019985p.
Full textDiomandé, Aboubacar. "Le statut juridique de l'enfant dans les conflits armés." Poitiers, 2010. http://www.theses.fr/2010POIT3011.
Full textStates members of the United Nations elaborated a lawful corpus destined to protect the child and to improve his condition in armed conflicts. The main idea of this protection is that a child is a particularly vulnerable being. Therefore when he does not participate in the hostilities, he must not be taken for target of the attacks, and should not be recruited by the belligerents. As member of civilian population, he benefits from a general protection against the consequences of hostilities. Notwithstanding this last point, he is often forced to flee as refugee or moved inside his country. In fact the child can find itself as soldier in armed forces and armed groups. For that reason the international community has regulated his recruitment and his participation to the hostilities. Despite this legislation, many children are recruited and constantly participate in armed conflicts. These children often commit the worst atrocities of war. Given that fact, how does the international law apprehends children soldiers' identity ? is that law about executioners and / or victims ? This study tries to demonstrate that the lawful corpus elaborated by the international community protects effectively the child in armed conflicts. Only this protection will be effective if these standards were respected by the belligerents
Besson, Marie-Pierre. "Les difficultés d'application du droit international humanitaire : sanctions-diffusion." Toulouse 1, 2001. http://www.theses.fr/2001TOU10025.
Full textThe Geneva Conventions and the Additional Protocols require the states party to adopt a number of measures in order to assure compliance with these treaties
Voisin, Vanessa. "L'épuration de guerre en URSS, à partir de l'exemple de la région de Kalinine, 1941-1953." Paris 1, 2011. http://www.theses.fr/2011PA010614.
Full textCodaccioni, Vanessa. "Punir les opposants : une sociologie historique des "procès politiques" : les interactions répressives entre le PCF et l'État (1947-1962)." Paris 1, 2011. http://www.theses.fr/2011PA010309.
Full textMaison, Rafaëlle. "La responsabilité individuelle pour crime d'État en droit international public /." Bruxelles : Bruylant, 2004. http://catalogue.bnf.fr/ark:/12148/cb40937269v.
Full textEl, Hankouri Ouadia. "La politique britannique au Proche-Orient au prisme des relations anglo-israéliennes : de la première guerre israélo-arabe (1948-1949) à la guerre des Six-Jours (1967)." Thesis, Paris Est, 2015. http://www.theses.fr/2015PESC0001.
Full textThe aim of this thesis is to study the British policy towards the Arab-Israeli conflict through the prism of British interests in the Middle East from the first Arab-Israeli war in 1948-1949 to the Six-Day War in 1967. In addition to economic and political interests, we show that in the years under review the British policy has also been marked by a change in the world balance of power, namely the emergence of the United States and the Soviet Union as the world's leading superpowers, Arab nationalism ... etc. In this context, we emphasize that the creation of the State of Israel met the strategic needs of Western powers in the Middle East. This approach will prove its effectiveness only eight years after the creation of Israel when the latter played a decisive role during the tripartite invasion of Egypt in late 1956. Moreover, we point out the place occupied by oil industry and commercial interests in the process of British decolonization in the Middle East in the 1950s and 1960s. The study of British foreign policy in the Middle East has been neglected because of the “demise of Britain's political supremacy” worldwide. Nevertheless, we show that Britain has played a role as important as that of the United States in safeguarding their common interests in the Middle East through a close collaboration
Carter, Raymond H. A. "La procédure devant le Tribunal pénal international pour l'ex-Yougoslavie : nature autonome ou copie d'un système." Poitiers, 2004. http://www.theses.fr/2004POIT3016.
Full textRenaudie, Virgile. "L'articulation du droit international et du droit français : illustration par les responsabilités du militaire et de l'Etat français en cas de commission de crimes contre la paix et la sécurité de l'humanité." Limoges, 2005. http://www.unilim.fr/theses-doctorat/2005LIMO0504/html/index-frames.html.
Full textThe establishment of the International Criminal Court, on July 1st 2002, is the outcome of a movement for prosecution of international law crimes, initiated at the beginning of the 20th century. The establishment of this jurisdiction according to the standards of criminal law, and the identification of a tough core crimes and values are real factors for a transformation of international society. They encourage to revalue the degree of evolution and the rules of functioning. The example of the responsibilities of the military and the french State in case of perpetration of crimes against peace and security of humanity makes a hypothesis which allows to appreciate the challenges that national and international institutions will have to take up in a very particular field. The increasing relationships between international society and national societies points at interactions between the rights and the institutions. This fact prompts to consider a new definition of juridical systems concerning the responsibility of the individual and of the State, as well as the articulation of various interacting rights and the possible rationalization of the cooperation between national and international jurisdictional structures
Kulali, Yeliz. "Le noyau dur des crimes internationaux (core international crimes) commis envers les individus, particulièrement contre les membres des minorités : l'une des variables de l'essor du nouveau système international." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA019.
Full textCrimes against humanity, crimes against peace, war crimes and genocide constitute the hard core of most threatful acts to human and international security. They have been codified through the statutes of international criminal tribunals. Transnational crimes or treaty crimes are not codified in these statutes or they are narrowly codified. Examples of such crimes include the apartheid, torture, slavery, maritime piracy, and terrorism. According to the rules of international system transformation as defined by Morton Kaplan, one variable of the international system entails transformations and plays a role in the emergence of international systems. In this study, the hard core of international crimes is considered as one of the variables of the system. Thus, the bipolar system (1945-1991), the new world order (1991- 2001) and the new system after September 11 attacks are analysed. International Tribunals such as Nuremberg, Tokyo, for the former Yugoslavia, Rwanda and the International Penal Court constitute case studies
Munazi, Muhimanyi Cyprien. "La répression des crimes relevant du statut de la Cour pénale internationale par les juridictions nationales et le principe de complémentarité : l’exemple de la République démocratique du Congo." Thesis, Montpellier, 2018. http://www.theses.fr/2018MONTD039.
Full text. For almost over two decades, the DRC, located in the heart of Africa, in the Great Lakes region, has benn the scene of the most violent crimes. Tremendous public and non government organizations have reported the large-scale violations international humanitarian law and human rights committed in this country. They display the horror inflicted upon the civilian populations in the eastern part of the country. These include amonsgt others the areas of Bukavu, Fizi, Uvira Mugunga, Goma, Béni, Rusthuru, Lubero, Walikale, Kisangani, Tingi-Tingi, Makobola, Ituri, Kiwanja, Kasaï, Maniema, Shaba. In a global context of conflict and persistent turmoil, socio-economic instability and deep political crisis, the commission of serious crimes is exacerbated by the presence of hundreds of armed politico-military-mercenary groups, the Armed Forces of the DRC, all supported by foreign and multinational troops. The currently political and security environment prevents the Congolese justice system from smoothly assessing all elements of crimes on the territory in order to identify the perpetrators, establish the responsibilities, carry out investigation and prosecution as well as legal proceedings, ensure the reparations to millions of victims and the national reconciliation at large. The combination of other forms of justice would be more than ever necessary through the logic of the complementarity of the ICC
Mbongue, Mbappe Charles Aiméo. "Le traitement des crimes contre l'humanité par les tribunaux pénaux internationaux et les tribunaux français : (étude comparée des garanties de la défense)." Paris 1, 2008. http://www.theses.fr/2008PA010301.
Full textThéry, Julien. "Fama, enormia : l'enquête sur les crimes de l'évêque d'Albi Bernard de Castanet (1307-1308) : gouvernement et contestation au temps de la théocratie pontificale et de l'hérésie des bons hommes." Lyon 2, 2003. http://theses.univ-lyon2.fr/documents/lyon2/2003/thery_j.
Full textFrediani, Sophie. "Les juridictions pénales internationales et les États : étude du face à face." Bordeaux 4, 2004. http://www.theses.fr/2004BOR40044.
Full textBunel, Jean-Dominique. "L'amnistie des crimes de masse applicable à de "simples exécutants"." Thesis, Paris 11, 2012. http://www.theses.fr/2012PA111017.
Full textInWhen the people finally emerged from an internal or international armed conflict, which resulted in lasting years of suffering and injustice, peace agreements between former opposing parties (most often the government and representatives of rebel forces) almost always included an amnesty for mass atrocities com-mitted by a large number of their supporters.Thus, since the early 20th Century, dozens of states, mainly in Latin America and Africa, adopted such measures, which assumed a polymorphic character.These amnesties, mainly directed to « low level participants » in serious violations of international humanitarian law, were often adopted by political autocrats seeking to consolidate their power, or to arrange an honourable way out. This type of amnesty, viewed as « villainous » is in complete contrast to « virtuous » amnesties adopted by democratic leaders who considered them the most appropriate option to ensure the reconciliation between communities, and to restore the rule of law in their country, given circum-stances.Both types of amnesties however, are prohibited by international conventions because the international community commits itself to struggling against impu-nity for war crimes and crimes against humanity; declared inalienable, which cannot benefit from any public leniency. The perpetrators of such serious violations of criminal humanitarian laws must be punished by all States in the name of their « universal jurisdiction ». This mind-set on the illegitimacy of amnesties for international crimes however, often encountered pressures from the military.Taking into account the aspiration of peoples’ priority for a return to peace and security, even at the expense of the rights of victims to truth, reparations and judi-cial proceedings, the international community often composed with these requirements to adopt a « respon-sible behaviour ». It is even more strongly enforced by the United Nations, as no satisfactory alternative to amnesty granted to « low level perpetrators » was offered by international criminal jurisdictions. As for the domestic courts of post-conflict countries, they generally offered no guarantee of efficiency and impartiality
Trnkova, Héléna. "Pour quelle Patrie? Des loyautés et des dissidences dans l'Armée austro-hongroise 1914-1918 : étude des témoignages." Thesis, Montpellier 3, 2019. http://www.theses.fr/2019MON30107.
Full textFor the population of the former Austro Empire, the first world war