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International Crimes

I. Crime of Genocide
1-What is Genocide?
Genocide is the intentionally destruction and the systematic killing of all
the people from nationals, ethnics, religious groups etc. However, Genocide
hadn’t been used until 1944 when one Polish-Jew scholarship student, Rapheal
Lemkin started to use this word in order to illustrate the brutality political system
against the Jews by the Fascism.
The genocide was occurred in the World War II (1939-1945) made all
human surfer the frightened. Hence, in the United Nation Organization first
conference inscribed the principle subjects in the Neurember Judgment.
Anyway, by the 96th declaration dated 11th, December 1945, the United
Nation conference stated that, “Under the international Law, the genocide is
considered to be a crime contrary of the conscious and the aims of the United
Nation and will be condemned by the civilized world.”
The conference of the United Nation on the 9th December 1945 had
agreed in the convention on the prevention and punishment of the crime of
genocide.
2-Genocide Actions:
Article 3 of the genocide convention limited one action from all actions of
the genocide actions which are attempted to fully destruction of one national,
ethnic group, race, and religious groups are;
1- Killing members of the group.
2- Causing serious physical harmful to members of the group. For
example, forcing other members to across the mine land for making
serious bodily harm.
3- Deliberately inflicting on the group conditions of life calculated to
bring about its physical destruction in whole or in part. For example,
food depriving proposed for the salvations.
4- Imposing measures intended to prevent births within the group. For
example, forcing men and women to isolate from each other all the
time.
5- Forcibly transferring children of the group to another group.
3-Genocide is the international criminal:
Article 1 of the genocide convention 1948 stated that all contracting
parties declared that the genocide in the peace times or in the war times are the
international criminals that must be sanction to;
1- Genocide
2- Conspiracy to commit genocide
3- Direct and public incitement to commit genocide
4- Attempt to commit genocide
5- Complicity in genocide.
Anyway, Article 4 stated that; “person who commit genocides or one of
them which enumerated in Article 3 will be punished even they are lawful
leaders, officials, or who them are.”
Other main provisions of the genocide convention:
a- The contracting parties have their own process to enact accordance
with their own respective constitution to the important legislation to
give effect to the provision of the convention and, in particular, to
provide effective penalties for persons guilty of genocide or and of the
other acts enumerated in Article 3.
b- Persons charged with genocide or any of other acts enumerated in
Article 3 shall be tried by a competent tribunal of the state in the
territory of which the acts were committed, or by such international
penal tribunal as may have jurisdiction with respect to those
contrasting parties which shall have accepted its jurisdiction.
c- Genocide and other acts enumerated in Article 3 shall not be
considered as political crimes for the purpose of extradition.
d- Disputes between the contrasting parties relating to the interpretation,
application of the present convention, including those relating to the
responsibility of a state for genocide or any other acts enumerated in
Article 3, shall be submitted to the International Court of Justice by the
request of disputation parties.
II. Crime against Humanity
The crime against humanity is not as the same as crime of genocide by
some points. The convention of the genocide has limited only 5 types which are
considered to be genocide. However, under the statues and the treaties that
defined the crime against humanity, the prohibitions are different from the
genocide.
1. The definition of crime against humanity
Generally, the crime against humanity is included murder, extermination,
deportation, enslavement, forced labor, imprisonment, torture, rape and other
inhuman acts.
2. Types of crime against humanity
a. Murder:
All acts related to the size of the crimes. Crime against humanity is
always happened as groups or systemic. However, the murder can’t fully
complete as the crime against humanity; hence, important factors are quantity
and size.
b. Criminals:
Crime against humanity must be related to the authority or government by
any circumstances. For example, one crazy man carried bombs for destroying
one cinema and many people were died and injured by this crazy act; however,
this act isn’t considered to be crime against humanity because the purpose of the
man isn’t for any authorities’ beneficial, it is just only a cruelty terrorism. In
fact, it can be a murder of group of people, yet it is not the crime against
humanity. In contrast, if leaders of any states ordered their force to kill any
group of people and many people were died and injured, it would fully be the
crime against humanity because the act is related to the authority.
c. Identification of injurers:
Crime against humanity must be depending on any discrimination against
any group of people who are killed. Conclusions there are two important factors
for the elements of crime against humanity which are; a large number of
victims and a systematic state policy.
3. Other crimes of crime against humanity
Any flagrant cases of crime against humanity;
a. Murder and Extermination
b. Enslavement and Forced labor
c. Deportation
d. Imprisonment without due process of law
e. Torture
f. Rape
g. Inhuman acts;
- Medical experimentation
- Mayhem
- Food deprivation
- Sterilization
- Violation of cadavers
- Other serious mental and physical harm
h. Persecution
- Removal of children from school
- Forced wearing of distinctive clothing
- Closure of religious institutions
- Banning of religious leaders
i. Property crime
- Destruction and plunder of private property
- Destruction and plunder of cultural property.
III. The War Crime
1. Definition
Dr. Quincy Wright stated that, “All cruelty acts, treason acts, destruction
acts that are prohibited by the war law are the war crime.” However, the war
crime has widely definition which is, “The war crime is a case of fighting, or
any troop acts, or any personnel violate the rules of war.”
The war crime is a military violation of the rules of warfare included any
cruelty acts or any mayhem in the wartime.
The war crime is included;
a. Use of forbidden weapons
b. Maltreatment of sick, wounded
c. Abuse of Red Cross flags
d. Breach of parole or armistices
e. Execution of hostages
f. Massacre of non-civilians or of enemy soldiers who have
surrendered
g. Destruction of maritime ships without putting the passengers
and crews in a place safety.
h. Bombardment of undefended place, or unprotected building of
non-military objectives.
- The causes of war;
a. War for land to live on
b. War for wealth
c. War for power
d. War for security.
- Rules of war;
a. The intentional killing of unharmed civilians is not permitted
during the wartime.
b. Soldiers may not kill or wound military personnel who have
surrendered.
c. Hospitals may not be seized or attacked in wartime.
d. Prisoners of war may not be treated in humanely or tortured.
e. The taking or killing of hostages is not permitted.
The international humanity laws related to the war;
According to the international humanity laws, the civilians and theirs
properties must be protected in the wartime. All the times, all parties must
clearly divide between the civilians and military troops such as the civilians’ and
military troops’ properties.
In some doubts of civilians’ and military troops’ objectives, they should
decide the objectives are civilians’ objectives. However, the civilians will loss
the rights when they directly participate in the attacking or harming to the
military troops’ objectives.
- Law of war;
a. All military troops must wear the uniforms
b. The war place must far away from the city or place where people
live in.
c. All time of city‘s attacking must inform and give any times for
the civilians’ transferring.
d. Innocent civilians are protected.
All war crimes will be sentenced in any circumstances even in the
committing or committed.
Some jurists think that pirates are the war criminals, are considered to be
Hostis Humani Generis, which means the enemies of humanity and of national,
and will be arrested and punished.
2. Sanctions of the Laws of War
International law is usually criticized because of non-sanctions. Truly, the
international law is less sanction than the local law of and states. For example,
the law of war is always violated, because the international law is not the way to
force any states for the practicing.
- The sanctions of the war;
a. Reprisal
b. Punishment of war criminals
c. Compensations
The Principle of international law stated that the hearing at the
Nuremberg had been changed in the generally law of war and specially
crime of war. The hearing also declared that three crimes which are
punished under the international law which are;
1. Crime against peace
2. War crime
3. Crime against humanity.
IV. Terrorism
1. Definition
The terrorism is the political violence that is happened by the
preparation and planning of any agents in order to against the non-
combatant targets. Anyway, terrorism is the action of any states’ political
role player or any foreigners by using the violence in order to achieve
their political systematic such as hijacking, prisoners’ kidnapping,
bombing, banking‘s robbing, politician’s kidnapping, and murdering, etc.
- The terrorism has four importance objectives;
1. Occurring for decision of any political‘s objectives
2. The violence to the civilians
3. Frightening in the society
4. Occurring for opposition of any governments or countries.
- The matters of the terrorism are;
1. The preparation and planning, it doesn’t the immediately
act.
2. The political not crime such as the violence of Mafia. It is
only illustrated as the kidnapping; however, it is surely to change the
management’s policy.
3. Harmful objective for humanity not for military‘s
objective.
4. Occurring by the sub-national groups not by any troops of
any big nation.

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