International Crime

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 noncombatant 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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