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Journal articles on the topic 'Syrian criminal law'
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1
Geneuss, Julia. "The Legal Limbo of Counter-Terrorism Criminal Law and Armed Conflict Anti-Regime and Anti-IS (Foreign) Fighters Before European Courts." European Criminal Law Review 10, no. 3 (2020): 338–64. http://dx.doi.org/10.5771/2193-5505-2020-3-338.
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The Syrian conflict has reached public prosecution offices and courts in numerous European states with full force. Criminal investigations and proceedings against so-called foreign fighters returning from Syria as well as against persons who arrived as refugees or migrants and were involved in the conflict as members of non-state armed groups have rapidly increased in recent years. Most of the fighters returning or arriving from Syria to Europe are members of the so-called Islamic State or comparable jihadist groups and are being prosecuted for counter-terrorism crimes. In this contribution, however, the focus will be on those groups for which classification as “terrorist organization” is less clear. This paper takes a closer look at the criminal investigations and proceedings that are being conducted in several European states against anti-regime and anti-IS (foreign) fighters. Do members of these groups also face prosecution under counter-terrorism criminal law after their return to or their entry into the country? Or does counter-terrorism criminal law differentiate between the groups involved in the Syrian conflict? Is this differentiation a legal or a political matter? Who is responsible for the decision? What criteria apply?
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Rankin, Melinda. "The ‘Responsibility to Prosecute’ Core International Crimes? The Case of German Universal Jurisdiction and the Syrian Government." Global Responsibility to Protect 11, no. 4 (October 4, 2019): 394–410. http://dx.doi.org/10.1163/1875984x-01104003.
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Arguably, more than any other state or interstate actor, German federal authorities, including the German Federal Public Prosecutor General (Generalbundesanwalt, gba) and German Federal Criminal Police Office (Bundeskriminalamt), have been at the forefront of issuing arrest warrants for senior members of the Syrian government suspected of atrocity crimes in the wake of the Arab Spring. This includes German federal authorities making the first arrest of a senior member of the Syrian government in February 2019 for crimes against humanity. This article argues that in relation to core international crimes, Germany’s concept of law reflects one based on a ‘standard’ and international rule of law. Moreover, German federal authorities have demonstrated a willingness to use international humanitarian and criminal law (ichl) in relation to those most responsible for core international crimes. In this way, Germany’s current investigations into alleged crimes against humanity in Syria since 2011 provides for an illuminating case for extending universal jurisdiction, as well as the ‘responsibility to prosecute’ as a legal obligation. It also indicates how a multiplicity of actors – including state and non-state actors – can extend the reach of international criminal law, when the International Criminal Court (icc) cannot act.
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Burgis-Kasthala, Michelle. "Entrepreneurial Justice: Syria, the Commission for International Justice and Accountability and the Renewal of International Criminal Justice." European Journal of International Law 30, no. 4 (November 2019): 1165–85. http://dx.doi.org/10.1093/ejil/chz065.
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Abstract This article argues that the crisis of governance generated by the Syrian civil war presents both a challenge and an opportunity to practitioners of international criminal justice. The article also argues that, irrespective of the Syrian case, international criminal law (ICL) institutions are in need of innovation and that increasingly ICL discourses display a blurring between public and private idioms. Evaluating the contribution of the Commission of International Justice and Accountability (CIJA) is one way then of assessing how ICL might evolve. This article characterizes CIJA’s work as exemplifying ‘entrepreneurial justice’, not only in Syria but also in a range of other (post-)conflict settings. We can define entrepreneurial justice as the identification of a gap or weakness in existing public accountability fora and the creation of a new private or privatized organization and/or approach that seeks to address (at least part of) this gap. Although questions remain about CIJA’s own accountability, along with its potential contribution to realizing accountability, this article suggests that its presence within the ICL field is a necessary one and that it has already started to have effects within Syria and beyond.
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Koleva, Petya Mitkova, and Henrik Vigh. "Critical stasis and disruptive performances: ICJ and the Anwar R trial in Koblenz." Theoretical Criminology 25, no. 3 (May 7, 2021): 437–53. http://dx.doi.org/10.1177/13624806211008573.
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This article explores the extraterritorial criminal court case against Anwar R, a high-ranking member of the Syrian regime on trial for crimes against humanity in Koblenz, Germany. Empirically anchored in ethnographic fieldwork conducted in Koblenz and with the Commission for International Justice and Accountability, the article illuminates the trial as a ‘disruptive performance’. The case against Anwar R punctuates two instances of negative stasis and unsettles two accounts of chronicity, namely, those of the Syrian conflict and of the field of international criminal justice. In order to illuminate the trial as a disruptive performance, the article empirically situates the Koblenz case both in relation to the Syrian war that it relates to, to the international criminal justice apparatus that it is a part of and to the underlying compilation of evidence that substantiates it. It thus clarifies both the symbolic potential and the constitutive process that has brought it into being.
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Radeva, Elena. "The Potential for Computer Vision to Advance Accountability in the Syrian Crisis." Journal of International Criminal Justice 19, no. 1 (March 1, 2021): 131–46. http://dx.doi.org/10.1093/jicj/mqab015.
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Abstract This article explores a novel approach to technology-enabled review of evidentiary material implemented by the United Nations International, Independent and Impartial Mechanism – Syria ('IIIM – Syria’ or ‘the Mechanism’). The Mechanism’s objective in pursuing automation is to significantly accelerate the speed and improve the consistency of review and analysis of large, digitized documentary data sets used in the pursuit of accountability for crimes committed in Syria. This approach represents one of the first uses of Computer Vision applied to documentary evidence in the field of international criminal investigations and is a tangible example of public–private cooperation developing meaningful technology-based upon modern best practices. The article first discusses why technological innovation in investigative analysis is necessary in relation to the Syrian conflict. Next, the article reviews the approach adopted by IIIM – Syria towards applying existing and novel technology in the processing, preservation, and analysis of evidentiary material. Specifically, it explores how the organization executed a novel approach to technology-enabled review of evidentiary material through the application of Computer Vision techniques designed by forensic and eDiscovery experts. Finally, the article explores the wider investigative possibilities presented by the use of Computer Vision as a technique for analytical review.
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Barbour, Stephanie. "Supporting Accountability for Sexual Violence in the Syria and Iraq Conflicts." Journal of International Criminal Justice 18, no. 2 (May 1, 2020): 397–423. http://dx.doi.org/10.1093/jicj/mqaa004.
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Abstract This article examines innovations in investigating sexual and gender-based violence (SGBV) through private investigations of international criminal and humanitarian law violations in Syria and Iraq. Drawing on the progress, challenges and lessons learned at the international level, a few notable initiatives have endeavoured to implement high-quality criminal investigations driven by local actors. The article first sets out the context in which private initiatives have moved to fill the gaps in the international response to crimes in Syria and Iraq through a shift to supporting national investigators engaged in evidence-gathering in their own countries and amid ongoing conflict. Next, the article explores efforts to build the capacity of national investigators to conduct safe and ethical evidence-gathering concerning sexual violence, often facing down socio-cultural barriers and other obstacles to effective investigations. Thirdly, the article examines the case-building strategy pursued by initiatives such as the Commission for International Justice and Accountability (CIJA), from ensuring a focus on demonstrating leadership responsibility for crimes of sexual violence by the Syrian military and security apparatus and Islamic State to feeding cases into viable avenues for prosecution. This section explores some of the innovations, good practices and lessons learned in such initiatives in response to challenges arising in sexual offence investigation. Such issues include socio-cultural barriers to effective investigation of SGBV, the risk of creating SGBV silos, and ensuring the safety and wellbeing of national investigators. Finally, the article offers a prognosis for these efforts’ successful contribution to future accountability for conflict-related sexual violence in Syria and Iraq, and concludes with wider lessons for the role of private criminal investigations of this category of criminality and beyond.
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O'Meara, Chris. "SHOULD INTERNATIONAL LAW RECOGNIZE A RIGHT OF HUMANITARIAN INTERVENTION?" International and Comparative Law Quarterly 66, no. 2 (February 20, 2017): 441–66. http://dx.doi.org/10.1017/s0020589317000057.
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AbstractThe ongoing Syrian civil war calls for a re-evaluation of using force to protect human rights. This article does not rake over the much-debated issue of whether a right of humanitarian intervention exists as lex lata. Instead, it addresses the little reviewed normative issue of whether the right should exist in international law to support and reflect a pluralistic understanding of sovereignty. Despite advancements in international human rights law, international humanitarian law and international criminal law, this wider fabric of international law preserves Westphalian sovereignty and the principle of non-intervention. It denies any right of humanitarian intervention.
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Ritscher, Christian. "COVID-19 and International Crimes Trials in Germany." Journal of International Criminal Justice 18, no. 5 (November 1, 2020): 1077–80. http://dx.doi.org/10.1093/jicj/mqaa055.
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Abstract With the appearance of the COVID-19 virus, the world faces new challenges in almost every area of social life. Social distancing and protection measures provide new challenges in business relations. This also holds true for criminal trials in general, and for international criminal trials, in particular. In Germany, several trials concerning charges of crimes under international law, established by the German Code of Crimes Against International Law (Völkerstrafgesetzbuch), are currently in progress. In particular, the trial against two former Syrian intelligence officers, which is currently taking place before the Higher Regional Court in Koblenz, has received international attention and will possibly be affected by the restrictions imposed.
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Cardinal, Monique. "Why Aren't Women Sharī'a Court Judges? The Case of Syria." Islamic Law and Society 17, no. 2 (2010): 185–214. http://dx.doi.org/10.1163/092893809x12574201282954.
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AbstractWomen make up 14% of the judiciary in Syria and work at all levels of the ordinary courts, both civil and criminal. However, they do not hold office in the personal status courts, special courts that apply codified religious law. This essay presents all opinions, both majority and minority, that explain the legal and social reasons for the non-appointment of women to the Muslim personal status courts known as sharī'a courts. I discuss how religious texts and classical Islamic legal doctrine are used today to undermine women's judicial power and oppose their appointment to the ordinary courts. If a woman cannot act as a sharī'a court judge, then who can? I attempt to answer this all-important question within the Syrian context. The main source of data is interviews conducted with eighty judges and public prosecutors of Damascus and Aleppo between May 2004 and July 2007.
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Zimmermann, Andreas, and Meltem Şener. "Chemical Weapons and the International Criminal Court." American Journal of International Law 108, no. 3 (July 2014): 436–48. http://dx.doi.org/10.5305/amerjintelaw.108.3.0436.
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When the contracting parties to the Rome Statute establishing the International Criminal Court met in Kampala in 2010 to discuss possible amendments to the statute, the main focus was, and has thereafter remained, on the crime of aggression. In addition to amending the statute to include the crime of aggression, however, the contracting parties amended Article 8 of the statute to include a broader range of war crimes in noninternational armed conflicts over which the ICC can have jurisdiction—inter alia, by including the use of chemical weapons. Although the latter amendment received much less attention from both the Kampala drafters and outside observers than the former, it is the use of chemical weapons that has come most quickly into play in world events. In particular, the use of chemical weapons by Syrian government forces in 2013 (and perhaps subsequently) has acutely raised questions concerning the extent of the ICC’s treaty-based jurisdiction, both under the unamended text of the Rome Statute or in situations where the amendment to Article 8 applies. These events have also provoked consideration concerning the Security Council’s legal powers to extend the ICC’s jurisdiction to certain crimes involving chemical weapons that would otherwise be beyond its subject matter jurisdiction. These questions are considered in this Note.
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Guțan, Sabin. "Syria - The Failure of Humanitarianism." International conference KNOWLEDGE-BASED ORGANIZATION 26, no. 2 (June 1, 2020): 176–81. http://dx.doi.org/10.2478/kbo-2020-0072.
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AbstractThe Syrian Revolution aimed to remove the dictatorial regime from power and liberate the Syrian people. Following the example of other peoples, such as the Libyan and Egyptian, Syrian citizens began protests, initially peaceful, against the authorities. Authorities’ response was harsh, punishing very hard protesters of all ages. More and more people came out to protest; more and more people have been arrested by authorities, imprisoned under inhuman conditions, tortured, murdered. The authorities resorted to starving the civilians to force them to give up protests. Supported by deserted soldiers, the protesters organized and began the armed struggle against government forces. The dictatorial regime resorted to many illegal means and methods of war to maintain its power: killings, torture, bombings without discrimination, use of chemical weapons, collaboration with criminal and terrorist organizations, starvation of civilians, retaliation, etc. Unfortunately, the international community has remained powerless in the face of these atrocities. Thus, the gaps and inequities of the functioning of the international system for the defence of international peace and security, human rights and international humanitarian law are observed once again.
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Schmalenbach, Kirsten. "Ideological Warfare against Cultural Property: UN Strategies and Dilemmas." Max Planck Yearbook of United Nations Law Online 19, no. 1 (May 30, 2016): 1–38. http://dx.doi.org/10.1163/18757413-00190002.
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With iconic cultural heritage in Afghanistan, Mali, Libya, Iraq and Syria at the mercy of Jihadi extremists, the international community’s somewhat feverish compilation of emergency measures illustrates both the sense of urgency now felt, but also how unprepared the world was to be confronted with ideological warfare against the ‘culture of the heretics.’ The laws of armed conflict, and in its wake international criminal law, provide relatively clear cut proscriptive rules against ideologically motived cultural destruction, which cannot be said of peacetime rules on cultural heritage protection. But the threat of incurring international responsibility and punishment is seen as inconsequential when the perpetrators’ driving ideology distains external laws. On UN level, the Security Council has resorted to a global trade ban to target two birds with one stone: to dry-up is’s source of income through illicit trade in Iraqi and Syrian antiquities and to preserve artefacts by making illicit excavation and pillaging economically unattractive. Unfortunately the situation on the ground, with its many uncertainties regarding domestic implementation means the effectiveness of this measure is in abeyance.
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الشواني, نوزاد. "((جرائم العنف الجنسي ضد الأطفال ((دراسة مقارنة." Al-Kitab Journal for Human Sciences 1, no. 1 (October 3, 2020): 157–94. http://dx.doi.org/10.32441/kjhs.01.01.p12.
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The child is the bud of life and the right of life in this life is a fundamental right, from which several rights are protected and surrounded by safety until he reaches the age that makes him physically, mentally and psychologically qualified to take over his duties and his duties towards his society and the direction of others.The rights of the child to protection have been little or significant since the inception of the first human being. However, the need for development and the protection of the human race that human senses have begun to create different rights for the child do not in themselves constitute real protection for them . Until it culminated in the era of Islamic light, which embodied the highest forms of protection for this sensitive vulnerable group in society. Voices from around the world called on States to actively intervene through criminal texts to ensure the child's right to be protected from ill-treatment, especially after the international community has issued numerous international instruments and declarations dealing with the rights of the child. The most important of these are the 1989 Convention on the Rights of the Child, On the life and development of the child as well as the preservation of his identity and his right to education, health and comfort and to have a standard of living adequate for its growth as well as protect it from exploitation and all kinds of violence. Sexual violence against children involving a child under the age of 18 years, rape or exploitation of sexual activity is not fully understood and can not be granted. The conduct of the offender is contrary to the laws, customs, traditions and customs of the community. The child's physical and mental health, mental, psychological and social well-being are seriously jeopardized. The child is characterized by weak physical strength and poor mental abilities. Therefore, the international system should have called upon the ratifying States to protect the rights that have been adopted in favor of the child With special criminal provisions to protect him from crimes of sexual violence.Sexual violence against children constitutes a grave violation of the rights of the child. It represents a global reality in all countries of the world, but it has become a real phenomenon of concern especially in recent times and in some countries such as Iraq, Syria, Libya and other countries that have become visible as a result of war, displacement, The other reasons, and this calls for immediate treatment through the intervention of the criminal law in most of the world, including Iraqi and Syrian law, the subject of our research, to criminalize these acts protect a range of rights and interests, including: the protection of the right to sexual freedom of the female, The protection of the family entity from collapse and the protection of the offspring from mixing and protecting the social entity from the scourge of moral corruption, and immunization of society from sexual and reproductive diseases. At the national and international levels, this law prohibits any activity that takes the form of rape, sodomy, sexual harassment, sexual exploitation in prostitution or pornographic material Since the Criminal Code is one of the most widely used instruments of the State to protect the legal status of persons and to protect human rights from potential attacks and the conviction of the Iraqi and Syrian legislators of the importance of repudiation and punishment in protecting vulnerable parties within society, for example, their legislation included significant repudiation provisions that criminalize any act or omission May result in a form of sexual violence against children.Thus, by extrapolating the texts of the criminal law of both Iraq and Syria, as well as some of the texts contained in other laws or independently, our research entitled "Sexual Violence Against Children" focused on a scientific plan consisting of two subjects: In the second, I refer to the types of crimes that sexual violence against children has included and we deal with successively and through three demands. First we address the crime of rape and homosexuality. In the second child to indecent assault against the child crime and in the third to the crime of sexual exploitation against children and Khtmana We discussed with the most important conclusions and recommendations
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Sweeney, Caroline. "Accountability for Syria." Journal of International Criminal Justice 17, no. 5 (December 1, 2019): 1083–115. http://dx.doi.org/10.1093/jicj/mqz049.
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Abstract To date, apart from a few prosecutions in European states, there has been widespread impunity for international crimes committed in Syria since March 2011. The International Criminal Court (ICC) is arguably the most suitable forum for prosecuting alleged perpetrators. However, thus far no accused has appeared before the Court. Indeed, the Prosecutor has yet to even open an investigation due primarily to the inability to establish a precondition for the exercise of jurisdiction. This article examines if this situation is now likely to change in light of a number of recent and controversial decisions of the Court, most notably, Pre-Trial Chamber I’s ruling that the Court may exercise jurisdiction on a territorial basis over the alleged deportation of members of the Rohingya people from Myanmar, a non-state party to the ICC Statute, to Bangladesh, a state party, because an element or part of the alleged crime took place on the territory of a state party. The article considers whether this decision could potentially be relied upon as a precedent to enable the Court to exercise jurisdiction over crimes committed in the context of the Syrian unrest where a part or element of those crimes was committed on Jordanian territory, as Jordan is also a state party to the ICC Statute. Even if territorial jurisdiction is shown to exist based on the ‘Myanmar precedent’, the article examines whether an investigation might nonetheless be frustrated having regard to Pre-Trial Chamber II’s refusal to authorize an investigation proprio motu into the situation in Afghanistan since May 2003 on the grounds that it would not serve the interests of justice. Finally, the article considers the potential impact of the Jordan Referral Judgment on the likelihood of high-ranking Syrian officials appearing before the Court. In that judgment, the Appeals Chamber controversially affirmed that head of state immunity is inapplicable before international courts. The decisions discussed in the article generated rigorous and at times divisive debate amongst academic commentators. Accordingly, the article also incorporates a cross-cutting theoretical analysis of the extent to which the differing responses to these decisions reflects the historic fault-line between realists and liberals.
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Bergmann, Vanessa, Franziska Blenk, and Nathalie Cojger. "Desecration of Corpses in Relation to § 8(1) no. 9 German Code of Crimes Against International Law (VStGB): The Judgment of the German Federal Court of Justice (Bundesgerichtshof) of July 27, 2017–3 StR 57/17." German Law Journal 22, no. 2 (March 2021): 276–87. http://dx.doi.org/10.1017/glj.2021.8.
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AbstractAs a reaction to the killing and beheading of two soldiers in the Syrian Civil War, the German Federal Court of Justice (BGH) set a milestone in the interpretation of § 8(1) no. 9 of the German Code of Crimes against International Law (VStGB). The judges confirmed the conviction of a young German citizen with Syrian roots, Aria L., who had been tried and convicted before the Higher Regional Court of Frankfurt am Main (Oberlandesgericht (OLG) Frankfurt am Main). Within the certiorari, the BGH reviewed whether the statute conformed with the principle of legality found within the Grundgesetz (GG), Germany’s constitution. The Court held that the corpse of a person killed is protected from desecration under humanitarian law pursuant to § 8(1) no. 9 VStGB, the equivalent to Article 8(2)(b)(xxi) and (3)(ii) of the Rome Statute for the International Criminal Court (ICC). Reviewing this particular decision, it was determined that under the circumstances of a non-international armed conflict, beheading someone, placing the head on a metal rod, and taking pictures afterward in order to upload them onto social media is gravely humiliating and degrading. The head is incomparably the part of the body that identifies a person. Furthermore, it is irrelevant whether the perpetrator had any physical influence over the person. In addition, war crimes can be committed in a non-international conflict, which should, however, be treated equally as an international conflict. This outcome triggered diverse reactions amongst legal scholars, especially due to the extension of the understanding of a “person” who is to be protected under humanitarian law.
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Morozova, Natalya A., Nadezhda V. Kondratkova, and Vladimir S. Dmitrievskiy. "ON THE REASONS FOR A MILITARY CONFLICT AND THE EFFICIENCY OF CRIMINAL LAW MECHANISMS OF COMBATING EXTREMISM AND TERRORISM IN THE SYRIAN ARAB REPUBLIC (PART 1)." Russian investigator 4 (April 15, 2020): 65–70. http://dx.doi.org/10.18572/1812-3783-2020-4-65-70.
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Fahmy, Walid. "Does Responsibility to Protect (R2P) Make Difference to Civilians?: An Analytical and Evaluation Study." Economics, Law and Policy 3, no. 1 (March 31, 2020): p1. http://dx.doi.org/10.22158/elp.v3n1p1.
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In 2001, the International Commission on Intervention and State sovereignty (ICISS) proposed rethinking on sovereignty through the prism of a new concept: the “Responsibility to Protect” (R2P). Several years after, its message has been achieved? This is answer to this question that, in the aftermath of the Arab spring, at the end of an intervention that is controversial in Libya and in the face of the Syrian drama, we decided to make an evaluation, by analyzing this doctrine. From details of methodological of the purpose of this article, the review of the legal framework of the “Responsibility to Protect” (R2P) in international law is based on pre-existing concepts and rules that are sometimes approached such as the international responsibility and criminal responsibility priori conceptualization of the “Responsibility to Protect”, will be the first axis of this study. In the second, axis the responsibility to protect the population rests primarily on the territorial State against war crimes, crimes against humanity, crimes of genocide and ethnic cleansing. It must be stated that the obligation to protect the concerned State, was necessary before the States itself by establishing international legal standards. If the State is not willing to do or unable, the subsidiary protective role is the responsibility of other actors.The reality of major obstacles reduces the effective implementation on the ground of the “Responsibility to Protect”. These obstacles can be linked with the same design of it, just as they may result from external causes that could make inoperative the responsibility to protect in view of the situation, the international community application does not rely on the implementation of the responsibility to protect in some cases that meet, however, all the conditions to act within this framework. In the third axis of this study, it will be also a review of the operational legal framework.The United Nations has adopted several resolutions on the “Responsibility to Protect”, examining not only their support to the doctrine, but also their willingness to authorize the deployment of peacekeeping operations and to adopt resolutions in support of military intervention paragraph. But the Security Council of the United Nations has not always been unanimous about the situations to which the “responsibility to protect” applies. The case of Darfur and the crisis of the Syria, there was something else, they were exemplary cases of the application of the “Responsibility to Protect” inertia, and the different responses by the international community in the face of these crises, will allow us in the Fourth axis of interesting conclusions about the difficulties in the application thereof.
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Weill, Sharon. "French foreign fighters: The engagement of administrative and criminal justice in France." International Review of the Red Cross 100, no. 907-909 (April 2018): 211–36. http://dx.doi.org/10.1017/s1816383119000377.
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AbstractSince 2012, it is estimated that 2,000 French nationals have joined jihadist armed groups listed by the UN as terrorist organizations in Syria and in Iraq. Consequently, a new prosecution policy has been introduced in France. To date, more than 200 persons have been prosecuted and 1,600 persons have been placed under criminal investigation. In parallel, after the 13 November 2015 terror attacks in Paris, a State of emergency was declared. Persisting for two years, it introduced derogative administrative measures that slowly transgressed into regular criminal law. Consequently, French administrative and criminal courts, with ordinary judges and professional routines, find themselves involved in matters related to armed conflicts – a completely new phenomenon for them. What role has been performed by French criminal and administrative judges in the global fight against terrorism?This article takes a close look at France's fight against terrorism and the engagement of its domestic legal system in the context of foreign fighters and suspects of terrorism. It outlines the radicalization processes of French administrative and criminal law along with their hybridization and complementarity. While the armed conflict in Syria and Iraq and the complex geopolitical context are clearly present in French courtrooms, international humanitarian law and international criminal law frameworks are almost entirely absent. At the same time, by granting a growing power to the administration, the repressive and pre-emptive approaches introduced within criminal and administrative law transform liberal conceptions of law and justice.
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Rankin, Melinda. "Investigating Crimes against Humanity in Syria and Iraq: The Commission for International Justice and Accountability." Global Responsibility to Protect 9, no. 4 (November 26, 2017): 395–421. http://dx.doi.org/10.1163/1875984x-00904004.
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The failure of the United Nations to effect a ‘responsibility to protect’ in Syria and Iraq has provoked acrimonious debates over how the international community should respond to mass atrocities in the contemporary international order. Moreover, the fact that the International Criminal Court and other United Nations (un) agencies remain unable to investigate in Syria and Iraq, has reinvigorated debate on the mechanisms available to bring those most responsible for humanities gravest crimes to account. This article examines the Commission for International Justice and Accountability (cija). As non-state actors, cija conduct their investigations outside the United Nations system, with the aim of investigating and preparing case briefs for the most senior leaders suspected of war crimes and crimes against humanity in Syria; and war crimes, crimes against humanity and allegations of genocide in Iraq. This article argues that in preparing case briefs for individual criminal liability for a future prosecution, cija have attempted to extend the system of international criminal law, and in so doing, pose a challenge to traditional notions of the state in relation to the concept of war and the law, and the relationship between power and law in the international system. The article concludes by the asking the question: does the international community have a ‘responsibility to prosecute’ those suspected of criminal misconduct?
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Horand, Mohamad Badrnajad, and Babak Pourghahramani. "Genocide in Light of the Principles and Rules of International Law." Asian Social Science 12, no. 1 (December 21, 2015): 247. http://dx.doi.org/10.5539/ass.v12n1p247.
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<p>In Article 2 (4) of the UN Charter has agreed that members of the United Nations must not intervene in internal affairs of another country, and sovereignty and territorial integrity of countries must be respected. Now in Syria, ISIL terrorist group is committed crimes against Shiites with the involvement of Western and Arabic countries, most of which are permanent members of the Security Council. Crimes that deprive peace, security and the right to life, causing disruption to international and regional peace and security must be prosecuted not to witness the occurrence of such crimes. Killings committed by terrorist groups against Shiites in Syria are genocide under Article 6 of the Statute of the International Criminal Court and lack of attention to crimes committed by terrorist groups in international institutions such as the International Criminal Court continues to bring chaos for the international community and are the unpleasant results resulting from weakness of courts and international organizations including the UN Security Council.</p>
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Hajdari, Azem. "Criminal-Legal and Criminological Overviews of Kosovo Citizen’s Participation in Armed Conflicts in Syria and Iraq." Journal of Social Science Studies 4, no. 1 (September 25, 2016): 53. http://dx.doi.org/10.5296/jsss.v4i1.9997.
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The criminal offence of Kosovo citizen’s participation in armed conflicts outside of the country has been included in Kosovo criminal legislation in 2015. It has been addressed by a special law and this was determined due to the inclusion of a considerable number of Kosovo citizens in armed conflicts in Syria and Iraq. A perpetrator of this criminal offence can be any person that is a Kosovo citizen, whereas their incriminating actions shall be punishable from 6 months up to 15 years of sentence by imprisonment. Conducted researched for this criminal offence prove in armed conflicts in Syria and Iraq are currently 314 Kosovo citizens, among them also 27 children and 38 women. Kosovo citizens included in these conflicts exercise their military action mainly in support of terrorist organizations ISIS, SALUSTRA etc. In these conflicts until now died 57 Kosovo citizens. Concerning this criminal offence The State Prosecution has issued 34 decisions on implementing investigations, whereas courts did not yet promulgated any judgment punishing its perpetrators. The causes of Kosovo citizen’s participation in armed conflicts in Syria and Iraq are different, but dominate those economic, ideological, the poor work of justice bodies and media. This criminal offence causes numerous consequences of political, psychological, personal and family character.
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Aleshin, V. V. "Counterterrorism meassures: application of international law and the law of the Russian Federation." Moscow Journal of International Law, no. 4 (March 23, 2020): 79–90. http://dx.doi.org/10.24833/0869-0049-2019-4-79-90.
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INTRODUCTION. Effective implementation of antiterrorist interstate cooperation is impossible without the creation of an appropriate legal framework. By concluding international treaties, States agree to accept obligations that define the scope of their activities in the areas of cooperation. Moreover, sometimes the necessity arises for emergency antiterrorist response which brings about the application of other than treaty mechanisms like bilateral and multilateral commitments. It seems necessary to pay attention to certain legal mechanisms provided by the UN anti-terrorist treaties, in particular, in the context of the situation in Syria, and some conceptual changes in Russian counter-terrorism legislation.MATERIALS AND METHODS. The article uses treaties, national legislation and doctrinal research. The authors rely on various methods to reach their conclusions, among which treaty interpretation is most frequently used.RESEARCH RESULTS. In the article the author shows different mechanisms and spheres of modern cooperation in counter-terrorism and their ineffectiveness owing to political interests of some states. Special attention is paid to legality of actions of the USA and allies in Syria and criminal liability of members of international terrorist organizations.DISCUSSION AND CONCLUSIONS. In this article the authors draw attention to disadvantages of international legal regulation of anti-terrorist cooperation. The article concludes that refusal of compliance with international law in the sphere of counter-terrorism brings about negative consequences for maintenance of international peace and security.
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Yanev, Lachezar. "Dutch Criminal Justice for Ethiopian War Crimes." Journal of International Criminal Justice 17, no. 3 (July 1, 2019): 633–59. http://dx.doi.org/10.1093/jicj/mqz023.
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Abstract The past few years have witnessed a proliferation of universal jurisdiction proceedings in Europe, many of which concern asylum seekers suspected of committing international crimes in Syria and the wider region. Alongside the known practical challenges of such trials, these trials also raise a range of normative questions regarding inter alia the scope of universal jurisdiction and the applicable legal standards in such proceedings. This article unpacks several such questions through the lens of a recent Dutch case in which a former refugee, who was granted asylum in The Netherlands and later obtained Dutch citizenship, was tried and convicted by a local court in The Hague of war crimes committed in Ethiopia four decades ago. The judges used an amalgam of Dutch and (customary) international criminal law to convict the accused. They defined the charged war crimes in strict conformity with the standards established in international legislation and jurisprudence, relied exclusively on Dutch law to define one of the applied modes of criminal liability (co-perpetration), and synthesized Dutch and international law to define the other (command responsibility). To what extent does the notion of universal jurisdiction accommodate such choices of law, and how is the use of domestic criminal law on modes of liability in such proceedings compatible with the principle of legality?
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Coensel, Stéphanie De. "Terrorists on the Move: A Legitimacy Test of the Criminal Law Approach on Foreign Fighters in Western Europe." European Criminal Law Review 10, no. 2 (2020): 185–217. http://dx.doi.org/10.5771/2193-5505-2020-2-185.
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The conflict in Syria and Iraq has raised the debate on foreign fighters to unprecedented levels. The international community expressed grave concern over this acute and growing threat and addressed the problem by, inter alia, obliging States to criminalize conduct related to travel for terrorist purposes, including acts of facilitating and funding such travel. Member States are free to choose the manner of implementation, leading to different approaches on a domestic level. This contribution aims to subject the criminal law approach regarding foreign fighters in four Western-European countries (i.e. Belgium, the Netherlands, France and the United Kingdom) to a legitimacy test. The longstanding principles of subsidiarity, proportionality and legality constitute the backbone of this legitimacy test. A critical-legal analysis demonstrates the expansion of the scope of criminal liability to a pre-crime era and examines whether this expansion conflicts with the ultima ratio premise of criminal law and the freedom of movement as a fundamental human right.
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Jakobsen, Helene Højfeldt. "Returning foreign fighters: The case of Denmark." International Review of the Red Cross 100, no. 907-909 (April 2018): 315–36. http://dx.doi.org/10.1017/s1816383118000656.
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AbstractThis article considers which legal regimes apply in cases where a Danish citizen and/or resident returns from Syria or Iraq after having taken part in the armed conflict on behalf of the group known as Islamic State, and continues his/her affiliation with the armed group. The article argues that international humanitarian law currently applies to the Danish territory and that a Danish foreign fighter may continue to be considered as taking a direct part in hostilities after having returned from Iraq or Syria. The article then considers the application of Danish criminal law to returned foreign fighters and argues that Danish counterterrorism laws do not apply to members of the armed forces of an armed group that is party to an armed conflict with Denmark.
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Bond, Jennifer, and Meghan Fougere. "Omnipresent Threats: A Comment on the Defence of Duress in International Criminal Law." International Criminal Law Review 14, no. 3 (June 13, 2014): 471–512. http://dx.doi.org/10.1163/15718123-01403001.
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This article argues that in the context of international criminal law, the defence of duress must be considered where an actor is compelled to commit a crime as a result of a sufficiently serious threat – even if the form of that threat is not explicit or direct and the pending harm will not necessarily occur within a specific period of time. Drawing on the current conflict in Syria to exemplify our argument, we advocate for an approach that allows consideration of the many environmental factors that may cumulatively create an ‘omnipresent threat’ that should not be disregarded by the criminal justice system. We propose that duress should be considered where the actor held a genuine and reasonable belief that she faced a sufficiently serious threat and that commission of the offence was the only way to escape the harm. We urge that Article 31(1)(d) of the Rome Statute be interpreted accordingly.
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Bartels, Rogier. "Denying Humanitarian Access as an International Crime in Times of Non-International Armed Conflict: The Challenges to Prosecute and Some Proposals for the Future." Israel Law Review 48, no. 3 (September 28, 2015): 281–307. http://dx.doi.org/10.1017/s0021223715000175.
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Impeding humanitarian access and the starving of civilians is prohibited under international humanitarian law in times of both international and non-international armed conflicts. Such conduct is criminalised under the Rome Statute of the International Criminal Court (ICC Statute) when committed during an international armed conflict. However, without good reason, it is not a war crime when committed during a non-international armed conflict. Contemporary conflicts, such as that in Syria, show that this is a problematic omission. This article addresses the challenges in prosecuting the denial of humanitarian access during international armed conflicts and examines the options to prosecute before the International Criminal Court such denial in times of non-international armed conflict as other war crimes, crimes against humanity, and genocide. The author concludes that these options would not suffice and proposes to add to the ICC Statute the starvation of the civilian population, including through impeding humanitarian access, as a war crime for non-international armed conflicts.
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Rankin, Melinda. "Australia's responsibility to prosecute? Bridging the gap of international criminal law in Syria and Iraq." Australian Journal of International Affairs 72, no. 4 (February 12, 2018): 322–28. http://dx.doi.org/10.1080/10357718.2017.1414772.
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Aksamitowska, Karolina. "Digital Evidence in Domestic Core International Crimes Prosecutions." Journal of International Criminal Justice 19, no. 1 (March 1, 2021): 189–211. http://dx.doi.org/10.1093/jicj/mqab035.
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Abstract The conflicts in Syria and Iraq, being some of the most documented in history, have also led to one of the largest influxes of refugees to Europe in recent years. Many of the asylum seekers arriving in European cities identified themselves, or have been identified, as victims, witnesses or perpetrators of atrocities. Consequently, criminal investigations have been initiated by the local police with the aim of prosecuting those responsible for genocide, war crimes and crimes against humanity committed in Syria and Iraq. With an increasing number of war crimes prosecutions in European domestic courts relating to the atrocities committed, documented and shared by returning fighters, domestic authorities are compelled to find ways to effectively collect, process, analyse and share the user-generated data. This article discusses the ways in which digital evidence related to the conflicts in Syria and Iraq, particularly online open source materials, are being litigated and judicially evaluated in the domestic jurisdictions of Germany, Finland, Sweden and the Netherlands. Finding parallels between these approaches, with the aim of distilling best practices in evidence collection, processing and analysis, should inform future prosecutions of international crimes in domestic jurisdictions worldwide.
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Meziaev, Alexandr Borisovich. "International “mechanisms” in modern criminal justice." Международное право и международные организации / International Law and International Organizations, no. 1 (January 2020): 20–28. http://dx.doi.org/10.7256/2454-0633.2020.1.31472.
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This article reviews the new international criminal justice agencies jointly falling under the term “international mechanisms”: International Residual Mechanism for Criminal Tribunals, Residual Mechanism of Special Court for Sierra Leone, International Investigative Mechanism for Syria, and International Investigative Mechanism for Myanmar. Analysis is conducted on the legal nature of these institutions, primarily from the legal grounds of their establishment, competence, and some aspects of activity. Particular attention is paid to the legal position of the Russian Federation with regards to the indicated agencies. The research is carried out on the basis of analysis of constitutional documents of international mechanisms, resolutions of international organizations within the framework of which are created the corresponding institutions of international justice. The following conclusions were made: all “mechanisms” that are currently in force within international justice experience the deficit of legitimacy: methods and circumstances of their formation to one or another degree do not align with the existing norms of international law; there is a tendency to go beyond its scope of competence; the concept of the indicated mechanisms consists in the activity, which in essence represents a judicial and/or investigative activity implemented in both, “preceding” and “residual” forms. All of the aforementioned peculiarities do not deprive the indicated agencies of their judicial and investigative nature.
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Castellano San José, Paula. "The Rapes Committed against the Yazidi Women: a Genocide?" Comillas Journal of International Relations, no. 18 (July 19, 2020): 50–71. http://dx.doi.org/10.14422/cir.i18.y2020.003.
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Rape has been used as a tool of war throughout the history of mankind. With the establishment of the International Criminal Court, rape was included in the Rome Statute, being internationally recognized as a war crime, a crime against humanity and a means to commit genocide. The Islamic State of Iraq and Syria, in its war to establish the caliphate, has carried out a campaign of sexual violence against women of religious minorities such as the Yazidi. This article examines the evolution of the definition of rape in International Criminal Law and applies the current definition to the crimes committed by ISIS against the Yazidi. The study assesses the elements of the actus reus of genocide and considers that the actions carried out by the Islamic State towards the Yazidi could qualify as a genocide by means of rape.
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Deline, Tracy. "THE CRIMINAL CHARGES AGAINST AGRIPPINA THE ELDER IN a.d. 27 AND 29." Classical Quarterly 65, no. 2 (August 25, 2015): 766–72. http://dx.doi.org/10.1017/s0009838815000373.
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Tacitus traces a series of conflicts between Agrippina the Elder and her father-in-law Tiberius. After the death of her husband Germanicus in Syria (a.d. 19), Agrippina returned to Rome with their children. Germanicus' lingering popularity with the armies and people meant that his widow Agrippina and their children enjoyed a level of popular support as well—one that eventually became a threat in Tiberius' mind. Agrippina, moreover, refused to embrace the modest, retiring role that her father-in-law (and Roman society in general) expected of her. Tiberius was, moreover, ‘never gentle toward the house of Germanicus’ and his concerns were augmented by the machinations of Sejanus, who reported that the people were dividing themselves into factions, some even calling themselves members of the partes Agrippinae. The combination of Agrippina's high birth—the only still-living grandchild of Augustus—and her status as widowed daughter-in-law of the emperor, therefore mother of the emperor's probable heir, along with her persistent independence and sometimes unfeminine strength of character made her seem an intolerable political threat. This paper examines the culmination of these conflicts, when Agrippina is subjected to criminal prosecution and penalty in a.d. 27 and 29 at the instigation of Sejanus, with the overt approval of Tiberius. Of primary concern is the timing and the order of the charges brought against Agrippina.
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Gilbert, Geoff. "The Arrest of Abdullah Öcalan." Leiden Journal of International Law 12, no. 3 (September 1999): 565–74. http://dx.doi.org/10.1017/s092215659900028x.
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Abdullah Öcalan's arrival in Turkey in February 1999 followed a prolonged search in Europe for asylum following his expulsion from Syria in late 1998. His coming within Turkish jurisdiction raises questions about the international processes to bring alleged transnational fugitive offenders before the courts. This article looks at the extradition regime within Europe and the alternative methods of rendition that were eventually employed to remove him from Kenya. Extradition law developed during the nineteenth century and is based on ideas of revolution, the principle of nationality and liberal democracy which pervaded that period. The late twentieth century has a different ethos that offers fewer protection to the political revolutionary, but has incorporated international human rights standards. Extradition law straddles the enforcement of criminal law, non-interference in the domestic affairs of another State and international human rights law. The article concludes by examining the demands of international human rights law for the trial in Turkey.
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Krakow, Carly A. "The International Law and Politics of Water Access: Experiences of Displacement, Statelessness, and Armed Conflict." Water 12, no. 2 (January 24, 2020): 340. http://dx.doi.org/10.3390/w12020340.
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This article analyses international law regarding the human right to water as it impacts people who are stateless, displaced, and/or residents of armed conflict zones in the contemporary Middle East. Deficiencies in international law, including humanitarian, water, human rights, and criminal law, are examined to demonstrate international law’s strengths and weaknesses for functioning as a guarantor of essential rights for vulnerable groups already facing challenges resulting from ambiguous legal statuses. What are the political factors causing lack of water access, and what international legal protections exist to protect vulnerable groups when affected by water denial? The analysis is framed by Hannah Arendt’s assertion that loss of citizenship in a sovereign state leaves people lacking “the right to have rights”, as human rights are inextricably connected to civil rights. This article demonstrates that stateless/displaced persons and armed conflict zone residents are disproportionately impacted by lack of water, yet uniquely vulnerable under international law. This paper offers unprecedented analysis of international criminal law’s role in grappling with water access restrictions. I challenge existing “water wars” arguments, instead proposing remedies for international law’s struggle to guarantee the human right to water for refugees/internally displaced persons (IDPs). Examples include Israel/Palestine, Syria, Iraq, and Yemen. A key original contribution is the application of Arendt’s theory of the totalising impacts of human rights violations to cases of water access denial, arguing that these scenarios are examples of environmental injustice that restrict vulnerable persons’ abilities to access their human rights.
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Zakerhossein, Mohammad Hadi. "To Bury a Situation Alive – A Critical Reading of the icc Prosecutor’s Statement on the isis Situation." International Criminal Law Review 16, no. 4 (August 18, 2016): 613–41. http://dx.doi.org/10.1163/15718123-01604007.
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isis has committed unfathomable atrocities in Syria and Iraq. The icc has been called to take action in order to deal with the impunity protecting isis criminals. Nonetheless, the Prosecutor is not inclined to exercise the Court’s jurisdiction over isis. In 2015, the Prosecutor issued a clarifying statement on the situation of isis in Iraq and Syria. She stated that although the crimes committed by isis fell within the jurisdiction of the Court, it lacked a jurisdictional basis to open the preliminary examination. Nevertheless, it seems that there are some contradictory signs with the Prosecutor’s decision in the law, policy and practice of the Court. The present article is a critical reading of the Prosecutor’s decision. The first part describes the content of the Prosecutor’s statement. The second part criticizes the statement from procedural, substantive and purposive aspects. Finally, it introduces a legal way for reviewing the Prosecutor’s decision.
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Milaninia, Nema. "Biases in machine learning models and big data analytics: The international criminal and humanitarian law implications." International Review of the Red Cross 102, no. 913 (April 2020): 199–234. http://dx.doi.org/10.1017/s1816383121000096.
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AbstractAdvances in mobile phone technology and social media have created a world where the volume of information generated and shared is outpacing the ability of humans to review and use that data. Machine learning (ML) models and “big data” analytical tools have the power to ease that burden by making sense of this information and providing insights that might not otherwise exist. In the context of international criminal and human rights law, ML is being used for a variety of purposes, including to uncover mass graves in Mexico, find evidence of homes and schools destroyed in Darfur, detect fake videos and doctored evidence, predict the outcomes of judicial hearings at the European Court of Human Rights, and gather evidence of war crimes in Syria. ML models are also increasingly being incorporated by States into weapon systems in order to better enable targeting systems to distinguish between civilians, allied soldiers and enemy combatants or even inform decision-making for military attacks.The same technology, however, also comes with significant risks. ML models and big data analytics are highly susceptible to common human biases. As a result of these biases, ML models have the potential to reinforce and even accelerate existing racial, political or gender inequalities, and can also paint a misleading and distorted picture of the facts on the ground. This article discusses how common human biases can impact ML models and big data analytics, and examines what legal implications these biases can have under international criminal law and international humanitarian law.
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Gerstenblith, Patty. "For Better and For Worse: Evolving United States Policy on Cultural Property Litigation and Restitution." International Journal of Cultural Property 22, no. 2-3 (August 2015): 357–78. http://dx.doi.org/10.1017/s094073911500017x.
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Abstract:This article reviews the shift in cultural property litigation in the United States over the past twenty-five years from private replevin actions, in which the original owner sues the current possessor and must bear the costs as well as overcome procedural and logistical obstacles, in particular the statutes of limitation, to civil forfeiture actions instituted by the U.S. government to obtain restitution. The article then analyzes recent cases that arguably illustrate over-enforcement of the law through the use of unclear legal standards in civil forfeiture. It then turns to shortcomings in the effectiveness of U.S. law, in particular the difficulty in imposing emergency import restrictions in the cases of Iraq and Syria, and an over-emphasis on the use of civil forfeiture, which has largely replaced criminal prosecutions in the cultural property arena—but without which there is no true deterrent to trafficking in illegal cultural objects.
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Cacciatori, Mattia. "The International Criminal Court, Sitting Heads of State Prosecutions, and the Paradox of the Balance of Power." British Journal of American Legal Studies 8, no. 3 (December 1, 2019): 465–81. http://dx.doi.org/10.2478/bjals-2019-0010.
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Abstract Compliance with international law is commonly accepted as strengthening inter--state relationships and, therefore, consolidating inter-state politics. This article argues that, in certain circumstances, hostility to international law can be regarded as indicative of shifts in the balance of power that undermine the enforcement of injunctions of international law. These, it will be shown, need to be addressed through inter-state dialogue. To sustain the argument proposed, the article focuses, from an international relations perspective, on the resistance to the practice of prosecuting sitting Heads of State by the International Criminal Court (ICC). The prosecution of a sitting Head of State is considered in this article as the poster--child of liberal institutionalism. The track record of the ICC in this domain is worrying: out of 3 situations (Omar al Bashir in Sudan; Uhuru Kenyatta in Kenya; and Muammar Gaddafi in Libya) the Court was unable to finalize a single one. Following theoretical plexuses derived from the English School of international relations, and particularly Hedley Bull’s “Paradox of the Balance of Power”, the article draws attention to the case of Gaddafi in Libya and to the international debate on the potential prosecution of Bashar al Assad in Syria. This is done to show that the transition between the two is exemplificative of a paradoxical dynamic: international law is more efficient in situations of balance of power; but violations of international law are, in specific cases, necessary to rectify it. Ultimately, the article argues, more attention should be dedicated to the resistance to the prosecutions of sitting Heads of State to understand the implications that this might have for the balance of power, and in the construction of a truly pluralist international society based on inter-state dialogue.
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Bartholomeusz, Lance. "The Legal Framework for Protection of United Nations Humanitarian Premises during Armed Conflict." Max Planck Yearbook of United Nations Law Online 18, no. 1 (2014): 68–108. http://dx.doi.org/10.1163/18757413-00180004.
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The United Nations, its premises and personnel are increasingly present in the theatre of armed conflict across the globe. During armed conflict, un humanitarian agencies are now more likely to stay or arrive and deliver than to evacuate.1 Parties to an armed conflict may fight in close proximity to un premises. Today, from the Gaza Strip to South Sudan to Syria, during armed conflict thousands of displaced civilians seek shelter in un premises and the protection of the blue un flag, which is perceived to give better protection than fundamental principles of international humanitarian law (ihl).2 What is the legal framework for protection offered by the un flag to un humanitarian premises, including to displaced civilians they may shelter during armed conflict? To use the language of State responsibility, this paper considers the relevant primary obligations of ihl and un law, how a possible conflict between those primary obligations is resolved, and then considers the legal consequences of a breach of the relevant primary obligation in accordance with the secondary rules of the law of State responsibility. Thus, the paper addresses four questions: (1)What protection does international humanitarian law and international criminal law provide to un humanitarian operations, in particular un premises? (2)What protection does United Nations law provide to un humanitarian operations, in particular un premises? (3)What if there is a conflict between United Nations law and ihl? (4)In case of a violation of United Nations law protecting un premises, could there be circumstances precluding wrongfulness under the law of State responsibility?
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Maulana, Panji. "Pertanggungjawaban Pidana Rumah Sakit Akibat Kelalaian Pelayanan Medis." Syiah Kuala Law Journal 3, no. 3 (December 30, 2019): 417–28. http://dx.doi.org/10.24815/sklj.v3i3.12557.
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Pasal 46 Undang-Undang Nomor 44 Tahun 2009 tentang Rumah Sakit berbunyi bahwa rumah sakit bertanggung jawab secara hukum terhadap semua kerugian yang ditimbulkan atas kelalaian yang dilakukan oleh tenaga kesehatan di rumah sakit. Namun pada kenyataannya, rumah sakit tidak bertanggung jawab terhadap kelalaian yang dilakukan oleh tenaga kesehatan pada rumah sakit tersebut bahkan menjurus kepada kelalaian medis dengan penelantaran pasien yang membutuhkan pertolongan segera, sehingga perbuatan tersebut menyebabkan kematian ibu dan anak. Jenis penelitian yang digunakan dalam penelitian ini adalah penelitian yuridis empiris yaitu jenis penelitian yang meneliti dan menelaah efektivitas suatu peraturan perundang-undangan yaitu Undang-Undang Rumah Sakit terutama terhadap pelaksanaan tanggung jawab pidana oleh rumah sakit. Hasil penelitian menujukkan bentuk pertanggungjawaban pidana Rumah Sakit Ibu dan Anak (RSIA) Banda Aceh pada kasus kematian ibu Suryani dan bayinya akibat penelantaran yang dilakukan oleh tenaga kesehatan RSIA belum terealisasi sebagaimana yang diatur dalam Undang - Undang Rumah Sakit.Article 46 of Law Number 44 of 2009 concerning Hospital (Hospital Law) states that the hospital is legally responsible for all losses incurred due to negligence committed by health personnel in the hospital. But in reality, the hospital is not responsible for negligence carried out by health workers at the hospital and even leads to deliberate neglect of patients who need immediate help, so that these actions cause maternal and child deaths. The type of research used in this study is empirical juridical research, which is a type of research that examines and examines the effectiveness of legislation, namely the Law on Hospitals, especially for the implementation of criminal responsibility by hospitals. The results of the study show the form of criminal responsibility of the Banda Aceh Maternal and Child Hospital (RSIA) in the case of the death of the Syriac mother and her baby due to neglect carried out by RSIA health personnel that have not been realized as stipulated in the Hospital Law.
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Abbas, Tahir, and Imran Awan. "Limits of UK Counterterrorism Policy and its Implications for Islamophobia and Far Right Extremism." International Journal for Crime, Justice and Social Democracy 4, no. 3 (October 5, 2015): 16–29. http://dx.doi.org/10.5204/ijcjsd.v4i3.241.
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The UK Government has recently announced a new Counter-Terrorism and Security Act 2015 to facilitate tackling the threat of violent extremism. In light of this and previous initiatives, this paper provides a critical assessment of UK counterterrorism policy. This policy has created a notion of ‘suspect communities’ such that it has alienated young Muslims at the community engagement level, conceivably and empirically, potentially further exacerbating concerns government and communities have over questions of radicalisation, extremism, and the associated political and criminal violence. This paper argues that such policies can lead to the institutionalisation of Islamophobia, acting as an echo chamber for far right extremism to flourish. Significant gaps in government policy in this area can only be addressed by fostering effective relations between communities and policy makers, with enablers such as police officers, youth workers, activists and faith leaders empowered to formulate nuanced approaches in various local area settings. Given the social, cultural and political situation regarding British Muslim youth, including those presently thought to be fighting in parts of Iraq and Syria, as well as ongoing threats on UK soil presented as imminent and dangerous by UK government, there remain acute challenges with limited opportunities.
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Jackson, Michael D. "Am I My Brother’s Keeper?" Conflict and Society 2, no. 1 (June 1, 2016): 4–5. http://dx.doi.org/10.3167/arcs.2016.020102.
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The violence in Syria that every day forces tens of thousands of people from their homes and homelands, giving them no choice but to further risk their lives in seeking a place of refuge, is a violence those refugees can do nothing about, and we who observe their tragedy at a distance also feel powerless to prevent. Yet, though we live in countries where there is no war, we and our governments perpetuate a social violence against those refugees that masks its xenophobic origins with rationales as self-serving as those produced by the regimes that bomb, torture, starve, and stigmatize their citizens in the name of preserving law and order. Blaming refugees for their own misfortunes, reducing them to a single undifferentiated mass of alien otherness, and persuading ourselves that our own life and liberty would be in jeopardy were we to admit them into our midst, we apportion our compassion with discriminating care, mourning the loss of a single child whose body washed up on a Turkish beach while treating millions of others as potential criminals and usurpers.
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Hürman, Hazal. "Penalisation of Kurdish children under the Turkish Anti-Terror Law: Abandonment, sovereignty and lawfare." Kurdish Studies 8, no. 2 (October 13, 2020): 271–95. http://dx.doi.org/10.33182/ks.v8i2.464.
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This article explores how the disproportionate penalisation of Kurdish minors under the Turkish Anti-Terror Law informs their political imagination and experiences of the Turkish state. By depriving Kurdish children of the rights to which they are otherwise entitled as minor citizens of Turkey, the Anti-Terror Law takes the form of a vertical relation of abandonment that excludes children from the law’s protection. Drawing on ethnographic research I conducted in a south-eastern town of Turkey bordering Syria, I contextualise the abandonment of Kurdish children within Turkey’s growing lawfare, whereby the Turkish state resorts to criminal prosecutions and mass incarceration as means to discipline the populace. Kurdish children’s abandonment in the midst of lawfare encourages a wide range of social groups to exert control and harm on them with impunity behind and beyond bars. The resultant web of constant punishment and surveillance reinforces the image of the lawmaker as an omnipotent entity that, children come to believe, haunts them on a daily basis. Abstract in Kurmanji Cezakirina zarokên kurd di bin hiqûqa dij-terorî ya tirk de: Terkandin, serwerî û nelihevkirina demdirêj Ev gotar dixwaze lêbikole ka çawa cezakirina bênisbet a zarokên kurd a bi rêya Hiqûqa Dij-Terorî ya Tirk tesewir û tecrubeya wan a dewleta tirk berçav dike. Bi mehrûmkirina zarokên kurd ji mafên wan, ên ku di rewşa asayî de weke hemwelatiyên piçûk ên Tirkiyeyê tên qebûlkirin, Hiqûqa Dij-Terorî formeke têkiliya tîkane a terkandinê digre ku zarokan derveyî parastina hiqûqê dihêle. Li gor lêkolîna etnografîk a min li navçeyeke başûr-rojhilatê Tirkiyeyê yê nêzîkî sînorê Sûriyeyê kirî, ez terkandina zarokên kurd di nav nelihevkirina demdirêj ya Tirkiyeyê de bicih dikim, bi rêya ku dewleta tirk serî li darizandinên tawanbar û zindankirinên giştî dide weke amûrên dîsîplînkirina gel. Terkandina zarokên kurd di nav nelihevkirina demdirêj de grûbên civakî yên cûr bi cûr teşwîq dike ku kontrol û zirara xwe bigihînin wan bi rêya bêcezakirina li û pişt zindanê. Di encama tora ceza û kontrolên daîmî de wêneyê qanûndaneran weke hebûneke qadir, zarok wisa bawer dikin, bi rojane museletê wan dibe. Abstract in Sorani Szadanî mindallanî kurd le sayey yasay dje-tîrorî turkî: Desberdarbûn, serwerî û yasayî Em wtare lewe dekollêtewe ke çon szadanî nahawsenganey mêrmindallanî kurdî le sayey yasay djetîrorî turkda xeyall û ezmûnî ewan beramber dewlletî turk arayîşdedat. Be bêbeşkirdnî mindallanî kurd lew mafaney ke debwaye wek hawullatîyekî mêrmindallî turkya lêy behremend bin, yasay dje tîror şêwey peywendyekî stûnî desberdarbûn werdegrêt ke mindall dexate derewey parastinî yasayî . Hellêncan leser bnemay twêjîneweyekî îtnografî ke min le şaroçkeyekî başurî rojhellatî turkyay hawsinûrî surya encamim dawe, min destberdarkirdnî mindallanî kurd le naw yasay geşesendûy turkya dexeme syaqî ewey dewlletî turk wek dîspilînî cemawerî pena bo dadgay tawan û szadanî cemawer debat. Wedernanî mindallanî kurd le naw berrey yasa da, hanî grupgelî frawanî komellayetî dedat ta be parêzbendîyewe le pişt dîwarî bendîxane û ledereweyda kontrolyan bken û zyanyan pê bgeyenin. Torrî encamgîrî ew sza û çawdêrîye berdewame ew wênaye behêz dekat ke yasadaner desellatdarêkî rehaye, mindallanîş degene ew bawerrey ke rojane twanay rawkirdnî ewanî heye. Abstract in Zazaki Cezakerdişê domananê kurdan binê qanûnê verba terorî yê Tirkîya: teriknayîş, serdestî û qanûntacizîye Na meqale cigêrayîş kena ke nereşîdê kurdan senî bi hewayêko bênîsbet binê qanûnê verba terorî yê Tirkîya de ceza benê û no cezakerdiş senî xeyal û tecrubeyanê înan ê sîyasîyan bi dewleta Tirkîya ser o tesîr keno. Heqê ke normal de hemwelatîyê Tirkîya yê nereşîdî wayîrê înan ê, domanê kurdan ci ra bêpar yenê verdayene. Wina qanûnê verba terorî keweno şekilê têkilîya teriknayîşî ya tîkanîye ke bi no hewa domanan sitara qanûnî ra teber keno. Bi bingeyê cigêrayîşê etnografîkî ke mi sînorê Sûrîye şaristanêkê başûrê rojhelatê Tirkîya de kerd, ez teriknayîşê domananê kurdan çarçeweya binpaykerdişê qanûnî ke Tirkîya de her aver şono, tede qayîtê ci kena. Nê binpaykerdişê qanûnî de dewleta Tirkîya xo şanena taqîbatê cezayî û komhepiskerdişî ke wina şarî dîsîple bikero. Domanê kurdan ke mîyanê prosesanê qanûnî de teriknîyenê, no teriknayîş cesaret dano tewir-tewir grûbanê komelkîyan ke bandura xo domanan ser o ronê yan zî înan rê zerar bidê, bê ke nê grûbî zere yan zî teber ra ceza bibê. Netîceyê na torra ceza û nezaretî ya timine de, çimê domanan de qanûnviraştoxî benê çîyo ke her çî eşkeno bikero û her roje beno musalatê înan.
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Herremans, Brigitte, and Tine Destrooper. "Stirring the Justice Imagination: Countering the Invisibilization and Erasure of Syrian Victims’ Justice Narratives." International Journal of Transitional Justice, August 12, 2021. http://dx.doi.org/10.1093/ijtj/ijab025.
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Abstract With most avenues to pursue justice for Syrian victims of international crimes blocked, Syrian and international justice actors within civil society and formal institutions are active in exploring ways to seek some form of justice and accountability. In doing so, many of them use the language of transitional justice as the most promising paradigm to keep justice on the international agenda and to resist the prevailing defeatism about the possibility to advance justice in the absence of a transition, as well as to remedy the marginalization of victims’ experiences and narratives. Many of these actors are not only interested in criminal accountability. They also seek to stretch the boundaries of what is imaginable in terms of justice, beyond existing mechanisms and even beyond the judicial realm. They are striving to open up the justice imagination. In a maximalist sense, they are foraging for more ambitious justice narratives that can accommodate the victims’ lived experiences. In a minimalist sense, they are resisting the erasure or invisibilization of the experiences of millions of Syrians affected by hackneyed justice narratives. This article refers to the work of these justice actors to expose and conceptualize some of the shortcomings of mainstream transitional justice discourses.
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Weirich, Christine A. "Antiquities in a time of conflict: a crime script analysis of antiquities trafficking during the Syrian Civil War and implications for conflict antiquities." Crime Science 10, no. 1 (June 23, 2021). http://dx.doi.org/10.1186/s40163-021-00148-7.
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AbstractThe Syrian Civil War created an opportunity for increased trafficking of antiquities and has resulted in a renewed awareness on the part of a global audience. The persistence of criminal and organisational networks which facilitate antiquities trafficking networks (ATNs) has been recognised as significant, leading to increased interest in the development of new and improved methods of understanding such networks. While this field of research has traditionally been dominated by relevant areas such as archaeology, law, art and museum studies, there is a noticeable gap in crime prevention research. This paper presents a crime script of Syrian antiquities trafficking networks during the Syrian Civil War which has been generated from open source journalistic data. In creating a broad crime script for such a prevalent issue, this paper aims to demonstrate the need for further crime script analysis and specifically crime prevention research more generally within the study of antiquities trafficking.
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"Book Reviews." Volume 60 · 2017 60, no. 1 (January 1, 2018): 801–33. http://dx.doi.org/10.3790/gyil.60.1.801.
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Onuma Yasuaki: International Law in a Transcivilizational World. Cambridge University Press, Cambridge 2017 Andrzej Jakubowski/Karolina Wierczyńska (eds.): Fragmentation vs the Constitutionalisation of International Law: A Practical Inquiry. Routledge, London and New York 2016 Rosalyn Higgins/Philippa Webb/Dapo Akande/Sandesh Sivakumaran/James Sloan: Oppenheim’s International Law: United Nations. Oxford University Press, Oxford 2017 Nobuo Hayashi/Cecilia M. Bailliet (eds.): The Legitimacy of International Criminal Tribunals. Cambridge University Press, Cambridge 2017 Christine Chinkin/Mary Kaldor: International Law and New Wars. Cambridge University Press, Cambridge 2017 Marina Lostal: International Cultural Heritage Law in Armed Conflict: Case-Studies of Syria, Libya, Mali, the Invasion of Iraq, and the Buddhas of Bamiyan. Cambridge University Press, Cambridge 2017 Brian D. Lepard (ed.): Reexamining Customary International Law. Cambridge University Press, Cambridge 2017 Anne Peters: Beyond Human Rights. The Legal Status of the Individual in International Law. Cambridge University Press, Cambridge 2016 C. J. Jenner/Tran Truong Thuy (eds.): The South China Sea: A Crucible of Regional Cooperation or Conflict-making Sovereignty Claims? Cambridge University Press, Cambridge 2016 Daniel Bodansky/Jutta Brunnée/Lavanya Rajamani: International Climate Change Law. Oxford University Press, Oxford 2017 Andreas Kulick (ed.): Reassertion of Control over the Investment Treaty Regime. Cambridge University Press, Cambridge 2017