Reconciliation after War (P. Grzebyk) Flashcards
Why is to initiate a war of aggression a supreme international crime?
Because Its consequences are not confined to the belligerent States alone, but affect the whole world and that it contains within itself the accumulated evil of the whole.
which type of social groups does the concept of genocide protects?
national, ethnical, racial or religious group
Which are the acts committed with intent to destroy, in whole or in part a group considered as acts of genocide?
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
TRUE OR FALSRE: States would recibe some legal status if they are identified as the aggressors.
FALSE. Never ever in history the state will say that they are comminting an agression. They will justify it in any possible way.
According to IMT statute, what are CRIMES AGAINST PEACE?
planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing;
According to IMT statute, what are CRIMES AGAINST HUMANITY?
murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.
TRUE OR FALSRE: War crimes and crimes against humanity can be applied in the same conditions.
FALSE: War crimes can only apply when a war is ongoing, if no war is present then this definition would not apply. Crimes against humanity will.
TRUE OR FALSRE: The homicide of large groups of a special political thinking is a genocide.
FALSE: Its not genocide if it is not national, ethnical, racial or religious groups.
Can communist states be prosecuted for genocide because of pogroms against certain civilian groups?
they cant be prosecuted because of the attack of political groups but they can for the attack of a national, ethnical, racial or religious group.
Which acts did the ICC Statute (1998) added to the conceptualization of Crimes Against hummanity?
- Torture;
- Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
- Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3
- Enforced disappearance of persons
- Apartheid
- Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
ICC Statute, art. 8: The Court shall have jurisdiction in respect of war crimes in particular when…
committed as part of a plan or policy or as part of a large-scale commission of such crimes.
Guardian 28th Feb. 2013: US pledges expanded support for Syrian rebels but no military aid. John Kerry offers $60m in ‘non-lethal’ assistance for Syrian opposition fighting Bashar al-Assad.
Do you think this could be an aggression?
?
Military officer receives an order to prepare an attack on the other country. Does he commit aggression?
No. If he was not involved in the planning, no
Was an intervention in Iraq aggression?
Yes (?)
Is cybercrime an aggression? Like e.g. destroying the net system of Ministry of Defence?
yes
