What is international crime? скачать в хорошем качестве

What is international crime?

What is #international_crime ? 1. Introduction The preamble to the #Rome_Statute of the International Criminal Court implies that the International Criminal Court’s jurisdiction does not cover all ‘international crimes’. Scholars usually distinguish between ‘international crimes in the broad sense and international crimes in the narrow sense. International crimes in the narrow sense, also known as core crimes, coincide to a great extent with Rome Statute crimes. The Rome Statute qualifies the offences within the jurisdiction of the ICC as ‘the most serious crimes of concern to the international community as a whole’. All Rome Statute crimes have a similar structure, which consists of a catalogue of offences, and an introductory sentence about their contextual elements. The offences may overlap, but the contextual elements distinguish the crimes from one another. The most serious crimes of concern to the international community as a whole are war crimes, genocide, crimes against humanity and the crime of aggression. 2. War crimes War crime is the oldest category among the four Rome Statute crimes. Individual accountability for war crimes has its origins in the process of progressive criminalization of customary and conventional rules of the law of armed conflict. War crimes generally pertain to the use of prohibited weapons and methods of warfare, and to attacks on protected persons or property. 3. Genocide Genocide was explicitly recognized in the 1948 Genocide Convention as a ‘crime under international law’ whether committed in time of war or peace. According to article 2 of the Genocide Convention and article 6 of the Rome Statute, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: -killing members of the group; -causing serious bodily or mental harm to members of the group; -deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; -imposing measures intended to prevent births within the group; -Forcibly transferring children of the group to another group. 4. Crimes against humanity The essential characteristic of crimes against humanity is that humanity rather than the individual is their ultimate victim. Some crimes against humanity overlap with genocide and war crimes. They differ, though, from genocide because they lack the mental element of special intent to destroy a group, and from war crimes because they apply equally in wartime and peacetime. 5. Crime of aggression Article 8bis of the Rome Statute provides that the crime of aggression requires the planning, preparation, initiation, or execution of an act of aggression which, by its character, gravity, and scale, constitutes a manifest violation of the UN Charter. Aggression covers the ‘use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the UN Charter regardless of a declaration of war’. The person committing the crime of aggression must be in a position effectively to exercise control over or to direct the political or military action of a State.