What can international courts say when criminals ask, by what right do you try me? Some authors attempt to draw a connection between humanity's responsibility to call offenders to account and the harm humanity has suffered as a consequence of the offender's crimes. Others have argued that there need not be a special connection between those calling to account and the offenders, as the right to punish offenders is a general right each and every person has. Both lines (...) of argument are ultimately unconvincing. Instead, I argue for a modified version of the second position which proposes a democratically based theory of responsibility for punishment held by international criminal law institutions. (shrink)

In the Anthropocene, human beings are capable of bringing about globally catastrophic outcomes that could damage conditions for present and future human life on Earth in unprecedented ways. This paper argues that the scale and severity of these dangers justifies a new international criminal offence of ‘postericide’ that would protect present and future people against wrongfully created dangers of near extinction. Postericide is committed by intentional or reckless systematic conduct that is fit to bring about near human extinction. The (...) paper argues that a proper understanding of the moral imperatives embodied in international criminal law shows that it ought to be expanded to incorporate a new law of postericide. (shrink)

If contemporary political theory in the area of international justice is to accomplish its aim of clarifying and making coherent the meaning of justice in an international context, the question of the appropriate role and responsibility of international criminal law must be answered. International criminal law must be more than simply domestic laws that are prosecuted at the international level. However, the question of what makes an international crime such that it deserves this special (...) classification and international condemnation has not been adequately theorized. This paper examines the character of international law as expressed by two theorists, Allen Buchanan and Larry May, and reveals the deficiencies of their theories. Then, it offers the first steps to a better theory, one that demands that two thresholds be met for an action to be considered international crime: the severity threshold and the agency threshold. It argues that these two thresholds restrict the domain of international criminal law to crimes that are of significant concern to the global community by way of their threat to political organization. International crimes are the jurisdiction of the international community because they threaten the most basic physical security human rights and because they originate out of the fundamental nature of humans as social entities and maliciously distort and threaten this natural inclination. (shrink)

On September 9, 2013, diplomats and civil society activists gathered in a ballroom in New York to welcome Jennifer Welsh as the UN Secretary-General's new Special Adviser on the Responsibility to Protect. In her first public appearance in that role, Special Adviser Welsh explained that one of her top priorities would be “to take prevention seriously and to make it meaningful in practice.” “In the context of RtoP,” Welsh added during the discussion, “we are talking about crimes, and (...) class='Hi'>crimes have implications in terms of how we deal with them. You'll hear me say that a lot.” Welsh's approach of treating RtoP as a principle that is primarily concerned with prevention and is firmly linked to international crimes neatly captures the evolution of RtoP since its formal acceptance by states at the 2005 UN World Summit. Paragraphs 138 to 140 of the World Summit's Outcome Document not only elevated the element of prevention to a prominent place within the principle of RtoP but also restricted the scope of RtoP to four specific crimes under international law: genocide, war crimes, ethnic cleansing, and crimes against humanity. The crime and prevention–focused version of RtoP has subsequently been defended and promoted by Secretary-General Ban Ki-moon and by UN member states. This article seeks to systematically explore some of the implications of linking RtoP to the concept of international crimes, with a particular focus on the preventive dimension of RtoP, the so-called responsibility to prevent. What, then, are the consequences of approaching the responsibility to prevent as the prevention of international crimes?In order to systematically examine this question, this article turns to literature from criminology. While the criminological perspective has so far been neglected in debates on RtoP, the prominent criminologists John Hagan and Wenona Rymond-Richmond argue vehemently that “criminology is crucially positioned to contribute understanding and direction to what the United Nations has mandated as the ‘Responsibility to Protect’ groups that are threatened with mass atrocities.” For the purpose of this article, the label “criminology” comprises domestic criminology, supranational criminology, and international criminal law. While insights from supranational criminology and international criminal law are directly applicable to international crimes, translating knowledge generated in relation to crimes at the domestic level to atrocity crimes at the international level is, of course, not without challenges. Reasoning by analogy is an important method in this regard, though given the anarchical nature of international society some analogies will inevitably be imperfect. The benefits of such an approach, if carefully employed, however, outweigh the risks. (shrink)

Should Germany be prosecuting crimes committed in Syria pursuant to universal jurisdiction? This article revisits the normative questions raised by UJ—the principle that a state can prosecute serious international crimes such as genocide, crimes against humanity, and war crimes committed by foreigners outside of its territories—against the backdrop of increasing European UJ proceedings regarding Syrian conflict–related crimes, focusing on Germany as an illustrative example. While existing literature justifies UJ on the basis of universal prohibition (...) of certain atrocities, this creates residual normative issues. Alternatively, this article applies the “two-tiered test” derived from the “dual foundation” thesis of the Eichmann judgment, in which the normative appropriateness of UJ is evaluated against both accounts of universal prohibition and the specific politics surrounding the prosecution. It contends that the large number of Syrian refugees in Germany means that Germany, in particular, should initiate Syrian conflict–related UJ proceedings to prevent continued harm and recognize the political agency of refugees. Ultimately, the article suggests UJ should normatively be thought of as a domestic, rather than international, political event. (shrink)

Crimes against humanity are supposed to have a collective dimension with respect both to their victims and their perpetrators. According to the orthodox view, these crimes can be committed by individuals against individuals, but only in the context of a widespread or systematic attack against the group to which the victims belong. In this paper I offer a new conception of crimes against humanity and a new justification for their international prosecution. This conception has important implications (...) as to which crimes can be justifiably prosecuted and punished by the international community. I contend that the scope of the area of international criminal justice that deals with basic human rights violations should be wider than is currently acknowledged, in that it should include some individual violations of human rights, rather than only violations that have a collective dimension. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such (...) as killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

It is widely acknowledged that human rights law and international criminal law share core normative features. Yet, the literature has not yet reconstructed this underlying basis in a systematic way. In this contribution, I lay down the basis of such an account. I first identify a similar tension between a “moral” and a “political” approach to the normative foundations of those norms and to the legitimate role of international courts and tribunals adjudicating those norms. With a view to (...) bring the debate forward, I then turn to the practices of HRL and international criminal law to examine which of those approaches best illuminates some salient aspects of the adjudication of ICs. Finally, I argue that the political approach best explains the practice. While each preserves a distinct role, HRL and ICL both establish the basic conditions for the primary subject of international law, namely the state, to legitimately govern its own subjects constructed as free and equal moral agents. (shrink)

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide (...) or crimes against humanity. Although the United States Code characterizes trafficking as a transnational crime with national implications, (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a stateless offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice. (shrink)

The Colombian military and the United Self-Defense Forces of Colombia (AUC) have committed systematic attacks against the Colombian people that violate international law. One such heinous incident took place in May 2003 at the Betoyes Guahibo indigenous reserve in Colombia. Unlike other acts of terror, the attack at the Reserve is well documented. Because of this, the attack on the Reserve is an excellent case for International Criminal Court (ICC) prosecution. This article exposes acts of cruelty and makes (...) a persuasive moral case for ICC prosecution. The ICC has jurisdiction over the attack on the Betoyes people by the AUC and Colombian military. The article further discusses the potential legal exposure of the Colombian government, individual Colombians and US individuals through its military support and training of the Colombian military. (shrink)

In her excellent new book, The Humanity of Universal Crime: Inclusion, Inequality, and Intervention in International Political Thought, Sinja Graf draws on an array of early modern and modern texts...

The article examines the emergence in the 1990s of the issue of “Comfort women” and the conditions that led to the holding of The Women’s International War Crimes Tribunal for the Trial of Japan’s Military Sexual Slavery. It argues that it was a response both to victims’ needs and to the prevailing revisionism concerning the violence committed during the Asian-Pacific war by the Japanese army, which had been the subject of the Tokyo war crimes trials of 1946-1948. (...) The women’s tribunal represents a significant moment in the recognition and condemnation of the specific violence perpetrated against women in wartime and during armed conflicts: it is both the result of of new paradigms in women’s history and oral history, and the starting point for active support for women victims of violence. L’article examine les conditions qui ont permis la tenue du Tribunal international des femmes de Tokyo pour juger du système de l’esclavage sexuel institué par l’armée impériale japonaise pendant la guerre d’Asie-Pacifique (1937-1945). Il considère qu’il a été à la fois une réponse aux besoins des victimes et au révisionnisme ambiant sur les questions des violences commises pendant la guerre d’Asie-Pacifique et jugées lors du procès militaire de Tokyo en 1946-1948. Moment important pour la reconnaissance et la condamnation des violences exercées à l’encontre des femmes en temps de guerre et lors des conflits armés, il est à la fois l’aboutissement de nouveaux paradigmes en histoire des femmes et histoire orale, et le point de départ pour un soutien actif aux femmes victimes de violence. (shrink)

First published in 1984, this book examines corporate crime in the pharmaceutical industry. Based on extensive research, including interviews with 131 senior executives of pharmaceutical companies in the United States, the United Kingdom, Australia, Mexico and Guatemala, the book is a major study of white-collar crime. Written in the 1980s, it covers topics such as international bribery and corruption, fraud in the testing of drugs and criminal negligence in the unsafe manufacturing of drugs. The author considers the implications of (...) his findings for a range of strategies to control corporate crime, nationally and internationally. (shrink)

This book was the first booklength treatment of the philosophical foundations of international criminal law. The focus is on the moral, legal, and political questions that arise when individuals who commit collective crimes, such as crimes against humanity, are held accountable by international criminal tribunals. These tribunals challenge one of the most sacred prerogatives of states - sovereignty - and breaches to this sovereignty can be justified in limited circumstances, following what the author calls a minimalist (...) account of the justification of international prosecution. Written in a clear and accessible style, this book should appeal to anyone with an interest in international law, political philosophy, international relations, and human rights theory. (shrink)

Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of (...) humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:January 25, 2012 (9:31 am) E:\CPBR\RUSSJOUR\TYPE3102\russell 31,2 064 red.wpd 1 See Russell’s exposure of this derogatory contraction of “Viet Nam Cong San” (“Vietnamese Communists”) in his War Crimes in Vietnam (London: Allen and Unwin, 1967), p. 45n. On the importance of language, cf. the legendary remark of Russell’s correspondent, Mohammad Ali: “I ain’t got no quarrel with them Viet Cong.… No Viet Cong ever called me nigger.” Russell (...) attempted to enlist Ali on behalf of the iwct (see the ra for their letters of 8 April, 18, 31 May, 11 Sept., 17 Oct., 15 Nov. and 16 Dec. 1967). russell: the Journal of Bertrand Russell Studies n.s. 31 (winter 2011–12): 167–87 The Bertrand Russell Research Centre, McMaster U. issn 0036-01631; online 1913-8032 ibliographies, rchival nventories, ndexes A SECONDARY BIBLIOGRAPHY OF THE INTERNATIONAL WAR CRIMES TRIBUNAL: LONDON, STOCKHOLM AND ROSKILDE Stefan Andersson [email protected] i.wintroduction T he International War Crimes Tribunal (iwct) on the United States’ warfare in Vietnam was founded in 1966 through the moral outrage of the British philosopher and political activist Bertrand Russell, his private secretary Ralph Schoenman, Ken Coates, Chris Farley and other people connected to the Bertrand Russell Peace Foundation and the Vietnam Solidarity Campaign. They wanted to inform the world about the us government’s attempts to convince the Vietnamese population (who were mainly peasants) that capitalism is a better political-economical system than communism, by killing as many “Vietcong”1 and unarmed seniors, women and children as possible with regular carpet bombing, cluster and phosphorus bombs, napalm, Agent Orange and other illegal weaponry, and oTering the survivors pleasant lodgingsinwired-inhamlets far away from their homes and the graves of their ancestors. This charm oTensive went on for more than ten years, and although three times as many bombs fell on Vietnam, Laos and Cambodia as were dropped during the whole Second World War, surprisingly enough the Vietnamese were not to be converted. In the 1960s this macabre spectacle could be watched on television all over the world, but very few protested against it. Until 1968 the majority of American January 25, 2012 (9:31 am) E:\CPBR\RUSSJOUR\TYPE3102\russell 31,2 064 red.wpd 168 stefan andersson 2 See Norman Mailer’s Armies of the Night: History as a Novel, the Novel as History (New York, New American Library, 1968). He met up with Noam Chomsky, “a slim sharp-featured man with an ascetic expression, and an air of gentle but absolute moral integrity” (p. 180). Both were arrested and spent a night in prison together. 3 See Kirkpatrick Sale, SDS (New York: Random House, 1973), p. 348. See also Natalie Atkin, “From Margin to Mainstream: American Peace Movements, 1950s– 1970s”, in issue “Peace Movements in Western Europe, Japan and the usa since 1945”, Mitteilungsblatt des Instituts für soziale Bewegungen, no. 32 (2004): 175–92. 4 See May 1970: Birth of the Antiwar University (New York: PathWnder P., 1971). 5 The so-called “Chicago conspiracy trials” or “Chicago 7 trials” that followed, when sevendefendants—AbbieHoTman,JerryRubin,DavidDellinger,TomHayden,Rennie Davis, John Froines and Lee Weiner—were charged with conspiracy and inciting to riot, showed that the us government was not going to tolerate such “unpatriotic” and “criminal ” behaviour. See James Tracy, Direct Action: Radical PaciWsm from the Union Eight to the Chicago Seven (Chicago: U. of Chicago P., 1996), pp. 145–51. 6 See Mark Kurlansky, 1968: the Year That Rocked the World (New York: Ballantine Books, 2004), and David Caute, 1968: the Year of the Barricades (London: Hamish Hamilton, 1988), pp. 3, 7–8, 12z–13. 7 Fredrik Logevall, “De Gaulle, Neutralization, and American Involvement in Vietnam, 1963–1964”, PaciWc Historical Review 61 (1992): 69–102. citizens were for the war, although some earlier, well-attended rallies against it, like the 1967 march on the Pentagon in late October,2 might have made some think diTerently. sds (Students for a Democratic Society)3 and other antiwar organizations never became the united force that could challenge the government ’s reliance on what Nixon called the “silent majority”. It was not until the us attacked Cambodia... (shrink)

This book considers the intersection of music, politics and identity, focusing on music (genres) across the world as a form of political expression and protest, positive identity formations, but also how the criminalisation, censuring, policing and prosecution of musicians and fans can occur. All-encompassing in this book is analyses of the unique contribution of music to various aspects of human activity through an international, multi-disciplinary approach. The book will serve as a starting point for scholars in those areas where (...) there has been an uncertain approach to this subject, while those from disciplines with a more established canon of music analysis will be informed about what each perspective can offer. The approach is international and multi-disciplinary, with the contributing authors focusing on a range of countries and the differing social and cultural impact of music for both musicians and fans. Academic disciplines can provide some explanations, but the importance of the contribution of practitioners is vital for a fully rounded understanding of the impact of music. Therefore, this book takes the reader on a journey, beginning with theoretical and philosophical perspectives on music and society, proceeding to an analysis of laws and policies, and concluding with the use of music by educational practitioners and the people with whom they work. This book will appeal to students and scholars in subjects such as sociology, criminology, cultural studies, and across the wider social sciences. It will also be of interest to practitioners in youth justice or those with other involvement in the criminal justice system. (shrink)

The discourse of hate crime has come to Europe, supported not least by international human rights actors and security and policy organisations. In this article, I argue that there is a need for a philosophical response to challenging claims about the conceptualisation and classification of hate crime. First, according to several scholars, hate crime is extraordinarily difficult to conceptualise and there is a fatigue among practitioners caused by the lack of clarity and consensus in the field. I agree that (...) there is a need, not for additional definitions, but for a more comprehensive conceptual framework, that may help us think more clearly about given definitions of hate crime; about their basic structure, cross-cutting problems, and possible variations. Supplying such a conceptual perspective represents a timely task for applied philosophy. I engage with this by offering a four-tiered concept of hate crime. Second, the involvement of human rights actors in the consolidation of hate crime law and policy in Europe has supported the classification of hate crime as a human rights violation. Ultimately, what is at stake is not only our understanding of hate crime, but also our maintenance of a precise and pointed discourse on human rights violations. I argue that we should hesitate or even abstain from classifying hate crime as a human rights violation, and that doing so is compatible with taking both hate crimes and human rights seriously. (shrink)

In a paper published in 2006, I argued that the best way of defending something like our current practices of punishing war criminals would be to base the justification of this practice on an expressive theory of punishment. I considered two forms that such a justification could take—a ‘denunciatory’ account, on which the purpose of punishment is supposed to communicate a commitment to certain kinds of standard to individuals other than the criminal and a ‘communicative’ account, on which the purpose (...) of the punishment is to communicate with the perpetrator, and argued for a denunciatory account which I developed at some length. In this paper I would like to reconsider the plausibility of a communicative account. One difficulty that such accounts face is that the punishment of war criminals often involves the inflicting of harsh treatment on them by individuals who are members of states other than their own. On a communicative account this is problematic: on such an account—or at least on the version of it proposed by Duff (2000)—it is essential that those who are punish and those who punish them belong to a single community. When this requirement is not satisfied harsh treatment does not constitute punishment. Duff has argued that the problem can be solved by regarding all human beings as members of a single moral community: here I argue that this suggestion is unsatisfactory and propose an alternative. One consequence of my account is that if it is correct there may limitations on the range of kinds of war criminal that can legitimately be punished by international tribunals. (shrink)

The prelims comprise: Genetics under National Socialism From “Medical War Crimes” to the Nuremberg Code.

This paper argues that there is a default presumption that punishment has some deterrent effect, and that the burden of proof is upon those who allege that the costs of any particular penal system are insufficient to offset its deterrent benefits. This burden of proof transmits to the discussion of international law, with the conclusion that it is those who oppose international jurisdiction, rather than their opponents, who must prove their position. This they have so far failed to (...) do. (shrink)

George Fletcher emerges in his writing, as in his life, as a colorful and highly individual figure. The last thing one expects of him is the surrender of individual identity to an anonymous submersion in the collective. Yet doctrinally he is a collectivist. In his recent writings, he has been seeking to collectivize just about everything: action, responsibility, guilt, liability, self-defense, criminal punishment, international criminal law, action in war, war crimes, and so on.

The institution of crimes against humanity at Nuremberg in 1945 was an event which marked the birth of cosmopolitan law as a social reality. Cosmopolitan law has existed as an abstract idea at least since the writings of Kant in the late eighteenth century, but Nuremberg turned the notion of humanity from a merely regulative idea into a substantial entity. Crimes against humanity differ significantly from the traditional categories of international law: war crimes and crimes (...) against peace. While the latter generally treats states as subjects of right and upholds the principle of national sovereignty, the former treats individuals as subjects of right and encroaches on national sovereignty. I focus here on the writings of Hannah Arendt on the Nuremberg trials, the Eichmann trial and the actuality of crimes against humanity perpetrated in totalitarian regimes. I explore her relation to the optimistic and naive cosmopolitanism of Karl Jaspers, as well as to the two prevailing forms of critical thought: the cynical realism towards the law adopted by many of the defendants, including Carl Schmitt, and the deconstructive attitude to humanism and technology adopted by Martin Heidegger. I maintain that Arendt's rugged cosmopolitanism, tested against its critics, remains exceptionally revealing on the issue of crimes against humanity now that this issue has re-emerged, after many years of silence, as arguably the most important question of our own day. (shrink)

The “asymmetry myth” is that war crimes are committed by one's enemies but never, or hardly ever, by one's own combatants. The myth involves not only a common failure to acknowledge our own actual war crimes but also inadequate reactions when we are forced to recognize them. It contributes to the high likelihood that wars, just or unjust in their causes, will have a high moral cost. This cost, moreover, is a matter needing consideration in the jus ante (...) bellum circumstances of preparedness for war as well as of conduct within it. As part of the symposium on Ned Dobos's book, Ethics, Security, and the War-Machine, I will argue that the strength of the asymmetry myth is sustained by certain forms of romantic nationalism linked to the glamorization of military endeavor. (shrink)

In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression - the only one of the three crimes charged at Nuremberg that is not currently being prosecuted - that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about (...) the International Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. His thesis refutes the traditional understanding of aggression. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations. (shrink)

Terrorist organisations have increased and widened in Iraq in particular and the world in general in recent years. People have suffered a lot from these terrorist organisations due to their thirst for killing innocent civilians. The study aims to convey the suffering of innocent Iraqis caused by terrorist acts to the world. In order to achieve the aim, the research adopted Barthes’s framework to analyse the selected photographs. The researchers have selected iconic photographs for the analysis. The photographs are taken (...) from the main websites of the local, Arabic, and foreign media. The study found out that terrorism is the brutal enemy of all Iraqi societies including Sunnis, Shia, Kurds, Christians, and Yazidis. This research is a clear example that shows the world the extent of the suffering, pain, and fear Iraqi people are facing because of terrorism. (shrink)

This paper assesses the extent to which enhancing a penalty for hate crimes is a necessity. It conducts its analysis by looking at the theoretical justifications for and against such enhancement and also the impact of hate crimes on their victims, their groups and society, in comparison to non-bias crimes. It recognizes the particularly damaging effect of hate crimes on these three levels but argues that care must be taken to ensure a high threshold framework and (...) a clear vision in terms of protected characteristics. It argues that if penalty enhancements are to be any use, victims should be empowered to access the criminal justice system whilst the right to freedom of expression must be preserved. The paper commences with a definitional and conceptual framework of hate crimes, proceeds with the theoretical argumentations for and against hate crime legislation, conducts a legislative analysis of hate crimes, using examples from around the world as well as an assessment of the approach of the European Court of Human Rights to hate crime. (shrink)

Genghis Khan is supposed to have said, “Man’s highest joy is victory: to conquer one’s enemies, to hunt them down, to deprive them of their possessions, to make their loved ones weep, and to bed their wives and daughters.” Today, no ruler would dare utter such sentiments, and what the Khan called man’s highest joy would now be condemned everywhere as crimes against humanity and “grave breaches”—lawyerspeak for the most serious war crimes. Nevertheless, the U.S. killed more civilians (...) in a few minutes at Hiroshima than the Golden Horde did in its ruthless conquest of China; and the last ten years alone have witnessed civil wars and genocides of nearly incomprehensible cruelty and atrocity. Whether we think of General Mladic handing out candy to Muslim children in Srebenica shortly after ordering thousands of their fathers and brothers shot, or doped-up child soldiers in Sierra Leone chopping the arms off other children, or Saddam Hussein gassing Kurdish villagers, we confront the perplexing phenomenon that the past half-century has combined an incredible outpouring of humanitarian laws, treaties, and declarations with levels of wartime criminality that may exceed those in the Thirty Years’ War. Any light that philosophers might shed on this grotesque disconnect between moral ideals and reality would be welcome. So would more focused inquiry on the moral basis of international humanitarian law, or on the distribution of blame among politicians, perpetrators, planners, and passive supporters of mass atrocities. (shrink)

War, undoubtedly, is an arena of killing, struggle, and weakening the enemy. However, under no circumstances is it a place where any action can be tolerated. Despite the existence of rules and laws governing the behavior of warriors during war, certain actions are considered crimes and prohibited even in times of war. These actions are referred to as "war crimes" and are evaluated within the framework of international humanitarian law. While Islamic jurisprudence does not explicitly use the (...) term "war crimes," the concept and content are deeply rooted in Islamic fiqh books, particularly in sections discussing the ethics and manners of war and expeditions. Islamic law has established provisions and regulations that indicate that a warrior who desires any action during war is not free to do so. It has established strict rules and regulations that regulate the behavior of Muslims within the framework of organizing war and armed conflicts. The ethical rules developed by Islamic law extensively regulate how Muslims should behave during war and conflicts. Islamic law has identified certain categories that should not be targeted during war, and it distinguishes between whether it is legal or illegal to target combatants and non-combatants. The civilian population, as well as specific categories such as the wounded, are considered off-limits and protected. The civilian category includes all individuals who do not participate in war activities, including children, women, and the elderly. It is essential to protect them, ensure that they do not suffer harm, and uphold the principles of humanity. Furthermore, Islamic Sharia has provided rules that protect war captives. They are granted a special status, ensuring their protection and humane treatment. Torturing them or forcing them to convert to Islam is strictly prohibited. The fair treatment of captives and their humane treatment is mandated by Islamic law. It should be noted that Islamic law not only prohibits attacks on individuals but also considers targeting civilian property that is unused by the enemy or resembles a neutral party as a crime. These include places such as hospitals, places of worship, historical and archaeological sites. The historical experience of Islam presents the most significant reflection of these rules established by Islamic law. Throughout Islamic history, during the prophetic period and the subsequent caliphal conquests, Muslims adhered to these rules, and history has shown that Muslim wars were more humane. During these periods, respect for human rights was maintained towards the enemy, and war crimes were not committed. Islam, being a religion that prioritizes peace and justice, aims for wars to be conducted in a fair and humane manner. Thus, Islamic law has implemented significant regulations to protect civilian and military targets, ensure the humane treatment of war captives, and conduct war in a more humane manner. Islamic principles and legal rules aim to uphold respect for human values even during times of war. (shrink)

This updated and revised second edition of Donald A. Wells's popular 'War Crimes and Laws of War', originally published in 1984, traces the rules of war since ancient times. The major sources of the rules or 'laws' of war are explored: the congresses of the Hague, Geneva, and the United Nations. But an abyss exists between what military manuals allow and what the congresses prohibit; this book attempts to resolve this dilemma. An important text for military college courses and (...) international relations, as well as social philosophy courses. Co-published with the North American Society for Social Philosophy. Here is what reviewers had to say about the first edition. (shrink)

ON DECEMBER 10, 1991 Charles Shonubi, a Nigerian citizen but a resident of the USA, was arrested at John F. Kennedy International Airport for the importation of heroin into the United States.1 Shonubi's modus operandi was ``balloon swallowing.'' That is, heroin was mixed with another substance to form a paste and this paste was sealed in balloons which were then swallowed. The idea was that once the illegal substance was safely inside the USA, the smuggler would pass the balloons (...) and recover the heroin. On the date of his arrest, Shonubi was found to have swallowed 103 balloons containing a total of 427.4 grams of heroin. There was little doubt about Shonubi's guilt. In fact, there was considerable evidence that he had made at least seven prior heroin-smuggling trips to the USA (although he was not tried for these). In October 1992 Shonubi was convicted in a United States District Court for possessing and importing heroin. Although the conviction was only for crimes associated with Shonubi's arrest date of December 10, 1991, the sentencing judge, Jack B. Weinstein, also made a ®nding that Shonubi had indeed made seven prior drug-smuggling trips to the USA. The interesting part of this case was in the sentencing. According to the federal sentencing guidelines, the sentence in cases such as this should depend on the total quantity of heroin involved. This instruction was interpreted rather broadly.. (shrink)

Zohar applies Talmudic views on communal sin to contemporary political discourse by posing the question "Are we our brothers' keepers?" The essay addresses international responsibility to protect victims of oppression worldwide.