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international crimes » international criminal (Expander búsqueda), international business (Expander búsqueda), international treaties (Expander búsqueda)
international crimes » international criminal (Expander búsqueda), international business (Expander búsqueda), international treaties (Expander búsqueda)
1
artículo
Publicado 2009
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This article addresses the use of state policy as an element that is part of the configuration of international crimes. To this end, the author analyses how international tribunals have understood the adoption of State policies in the commission of such crimes under international criminal law. The author also examines the concept of genocide and its link to the existence of a State plan or policy for its configuration; as well as the implications of adopting a broad concept of "State policies" that includes non-State actors in its approach, the figure of "the joint criminal enterprise" and the concept of gravity in these crimes with the aim of providing that the relevance of the plan or policy of State is reviewed in the configuration of international crimes.
2
artículo
Publicado 2009
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This article addresses the use of state policy as an element that is part of the configuration of international crimes. To this end, the author analyses how international tribunals have understood the adoption of State policies in the commission of such crimes under international criminal law. The author also examines the concept of genocide and its link to the existence of a State plan or policy for its configuration; as well as the implications of adopting a broad concept of "State policies" that includes non-State actors in its approach, the figure of "the joint criminal enterprise" and the concept of gravity in these crimes with the aim of providing that the relevance of the plan or policy of State is reviewed in the configuration of international crimes.
3
artículo
Publicado 2018
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In December of 2017, within the framework of the Rome Statute that creates the International Criminal Court, the 16th Assembly of States Parties adopted by consensus the Resolution ICC-ASP / 16 / Res.5, entitled «Activation of the jurisdiction of the Court over the crime of aggression». Under the aforementioned Resolution, it was established: (i) the definition of the crime of aggression adopted in 2010 by the Conference of States Parties to the Rome Statute, held in Kampala (Uganda) has become applicable. Likewise, the universal scope of the criminal sanction of this crime is reaffirmed, by virtue of non-conventional international legal norms, like customary norms or jus cogens, and (ii) effective jurisdiction is granted to a jurisdictional body, the International Criminal Court, in order to administer justice with respect to the crime of aggression. In this paper it will be address...
4
artículo
Publicado 2018
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In December of 2017, within the framework of the Rome Statute that creates the International Criminal Court, the 16th Assembly of States Parties adopted by consensus the Resolution ICC-ASP / 16 / Res.5, entitled «Activation of the jurisdiction of the Court over the crime of aggression». Under the aforementioned Resolution, it was established: (i) the definition of the crime of aggression adopted in 2010 by the Conference of States Parties to the Rome Statute, held in Kampala (Uganda) has become applicable. Likewise, the universal scope of the criminal sanction of this crime is reaffirmed, by virtue of non-conventional international legal norms, like customary norms or jus cogens, and (ii) effective jurisdiction is granted to a jurisdictional body, the International Criminal Court, in order to administer justice with respect to the crime of aggression. In this paper it will be address...
5
artículo
Publicado 2024
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This study focuses on three fundamental aspects related to the international protection of the environment. Thus, after a brief overview of the environmental situation concerning the climate emergency we face, the issue of the environment as a human right is addressed. Subsequently, the historical development of ecocide in the context of the United Nations is examined. Finally, there is an in-depth analysis of the proposed definition of ecocide and the modifications suggested for the Rome Statute, highlighting the work of the Stop Ecocide Foundation and other similar proposals. This approach aims to contribute to the development of international environmental criminal protection by exploring these three central axes.
6
artículo
Publicado 2024
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This study focuses on three fundamental aspects related to the international protection of the environment. Thus, after a brief overview of the environmental situation concerning the climate emergency we face, the issue of the environment as a human right is addressed. Subsequently, the historical development of ecocide in the context of the United Nations is examined. Finally, there is an in-depth analysis of the proposed definition of ecocide and the modifications suggested for the Rome Statute, highlighting the work of the Stop Ecocide Foundation and other similar proposals. This approach aims to contribute to the development of international environmental criminal protection by exploring these three central axes.
7
artículo
Publicado 2019
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This article reviews the processes of consolidation of the principle of legality and of the criminalisation of crimes against humanity in international criminal law from a historical perspective. It starts with the Nuremberg Tribunal of 1945 and then traces the development of these two processes side-by-side: the enshrinement of the principle of legality in a series of universal treaties protecting human rights between the 1960s and the 1980s and the criminalisation of crimes against humanity in the Statutes for the International Criminal Tribunals for the former Yugoslavia and for Rwanda and in the Rome Statute of the International Criminal Court.
8
artículo
Publicado 2019
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This article reviews the processes of consolidation of the principle of legality and of the criminalisation of crimes against humanity in international criminal law from a historical perspective. It starts with the Nuremberg Tribunal of 1945 and then traces the development of these two processes side-by-side: the enshrinement of the principle of legality in a series of universal treaties protecting human rights between the 1960s and the 1980s and the criminalisation of crimes against humanity in the Statutes for the International Criminal Tribunals for the former Yugoslavia and for Rwanda and in the Rome Statute of the International Criminal Court.
9
artículo
Publicado 2016
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This article discusses, in a general manner, the most important transitional justice mechanisms at which victims of serious human rights violations, constitutive of international crimes such as crimes against humanity, can participate. The analysis is mainly conducted in the light of international law areas such as international human rights law and international criminal law. Transitional justice mechanisms are examined under two categories: transitional justice mechanisms that are mainly of a retributive nature and those that are mainly of a restorative kind. In each category, possibilities, advantages, challenges and limitations faced by the victims of serious human rights violations/international crimes are examined. Some concluding remarks are provided.
10
artículo
Publicado 2016
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This article discusses, in a general manner, the most important transitional justice mechanisms at which victims of serious human rights violations, constitutive of international crimes such as crimes against humanity, can participate. The analysis is mainly conducted in the light of international law areas such as international human rights law and international criminal law. Transitional justice mechanisms are examined under two categories: transitional justice mechanisms that are mainly of a retributive nature and those that are mainly of a restorative kind. In each category, possibilities, advantages, challenges and limitations faced by the victims of serious human rights violations/international crimes are examined. Some concluding remarks are provided.
11
artículo
Publicado 2021
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Latin America has not been unaffected by situations of armed conflict or other situations of violence. These situations require analysis from both theoretical and practical approaches. A key component of these analysis has been - and continues to be - the need to guarantee the compatibility of national legal systems with International Criminal Law, with the aim of fighting against impunity and to prevent the commission of international crimes. This translates into the need to carry out a comprehensive implementation of obligations arising from relevant treaties in this area ratified by States. This factor could guarantee that countries in the region have adequate legal tools to make a correct legal assessment of armed conflicts or situations of violence which may amount to international crimes and crimes related to the use of force by State agents; in order to apply the relevant legal fr...
12
artículo
Publicado 2021
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Latin America has not been unaffected by situations of armed conflict or other situations of violence. These situations require analysis from both theoretical and practical approaches. A key component of these analysis has been - and continues to be - the need to guarantee the compatibility of national legal systems with International Criminal Law, with the aim of fighting against impunity and to prevent the commission of international crimes. This translates into the need to carry out a comprehensive implementation of obligations arising from relevant treaties in this area ratified by States. This factor could guarantee that countries in the region have adequate legal tools to make a correct legal assessment of armed conflicts or situations of violence which may amount to international crimes and crimes related to the use of force by State agents; in order to apply the relevant legal fr...
13
artículo
Publicado 2024
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In Peru, human trafficking still represents a serious risk for its female and child population. This scourge operates in a complex social environment, which is a constant challenge for our country. Tackling this crime is not only a challenge for the protection of human rights, but also poses significant national, and international security threats. This article seeks to explore the various facets of human trafficking, including its stages, modalities, and impacts on victims, while offering an introductory overview of the Peruvian context; it also reviews the national normative framework and the main international instruments related to human trafficking.
14
artículo
Publicado 2017
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Around the world, the armed conflicts of recent years have been characterized by including the participation of child soldiers. Children, due to the vulnerability of their short age, suffer in a special manner of the war effects, and often their human rights are violated irreversibly. International Law has a duty to provide effective answers to tackle this situation, ensuring that children can be protected against those risks and that their rights can be guaranteed.
15
artículo
Publicado 2021
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This article explores the possibility of referring the situation of the 2021 “National Strike” in Colombia to the Office of the Prosecutor of the International Criminal Court. Upon presenting a brief account of the relevant facts and confirming that they would fall outside the scope of the ongoing preliminary examination, the author indicates that there are reasonable grounds to believe that they could constitute crimes against humanity and that the potential cases stemming from them would be admissible. Subsequently, the paper suggests that the intervention of the International Criminal Court could signal repudiation for conduct that infringes upon democracy. The concluding remarks call for those regrettable occurrences not to go unpunished.
16
artículo
Publicado 2017
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Around the world, the armed conflicts of recent years have been characterized by including the participation of child soldiers. Children, due to the vulnerability of their short age, suffer in a special manner of the war effects, and often their human rights are violated irreversibly. International Law has a duty to provide effective answers to tackle this situation, ensuring that children can be protected against those risks and that their rights can be guaranteed.
17
artículo
Publicado 2021
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This article explores the possibility of referring the situation of the 2021 “National Strike” in Colombia to the Office of the Prosecutor of the International Criminal Court. Upon presenting a brief account of the relevant facts and confirming that they would fall outside the scope of the ongoing preliminary examination, the author indicates that there are reasonable grounds to believe that they could constitute crimes against humanity and that the potential cases stemming from them would be admissible. Subsequently, the paper suggests that the intervention of the International Criminal Court could signal repudiation for conduct that infringes upon democracy. The concluding remarks call for those regrettable occurrences not to go unpunished.
18
artículo
Publicado 2021
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Introduction: The medical internship is an entirely hospital stage where the mistreatment can adversely affect students' performance. The study's objective was to determine the characteristics and factors associated with the perception of abuse in medical interns in Peru. Materials and methods: Multicenter, cross-sectional and analytical study. We surveyed medical interns from eighteen Peruvian hospitals. Sociodemographic characteristics included a scale that mediates the perception of psychological, physical, and sexual mistreatment in the study. The researchers used generalized linear models and prevalence ratios at 95% confidence intervals. Results: 418 medical interns participated, 52.9% were women. The psychological, physical, and sexual mistreatment perceived was 91.9%, 55.5%, and 34%, respectively. A relationship was found in medical interns who perceived psychological maltreatmen...
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20
artículo
Publicado 2008
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En el libro en mención el autor busca realizar, a la luz del derecho Internacional, un análisis de la validez de las amnistías para crímenes contra la humanidad (o crímenes de lesa humanidad), cometidos en el marco de conflictos armados internos, internacionales o en periodos de gobiernos dictatoriales. En líneas generales, se demuestra cómo es que la criminalización de los crímenes de guerra, contra la paz y contra la humanidad en el ámbito internacional, a partir de 1945, ha transformado el rostro de los principios del derecho Internacional, lo que también genera un impacto y cambia los límites de aplicación de la institución de la «amnistía» en los diferentes contextos que hemos mencionado.
