Allegations Of Crimes Research Articles

A Legal Analysis of the Allegations of Crimes Against Humanity in East Timor In 1999

A Legal Analysis of the Allegations of Crimes Against Humanity in East Timor In 1999

Analisis Tindakan Juan Evo Morales yang Memerintahkan Pendukungnya untuk Menghalangi Bantuan Covid-19 bagi Masyarakat Bolivia Ditinjau dari Statuta Roma 1998

Crimes against humanity are one of the four most serious international crimes regulated by the 1998 Rome Statute. Where individuals who commit them can be put on trial at the International Criminal Court (ICC) according to their jurisdiction. Currently, the State of Bolivia is receiving international attention due to allegations of crimes against humanity committed by the former president of the State of Bolivia himself. Juan Evo Morales, former President of the State of Bolivia has ordered his supporters to block or close the entry of covid-10 aid for the people of Bolivia. The goal is to cause suffering and misery for the people of Bolivia in the midst of the Covid-19 Pandemic, with full awareness that this Pandemic can impact/cause death to the Bolivians. By looking at the Rome Statute of 1998 and the jurisdiction owned by the ICC, Juan Evo Morales has committed Crimes Against Humanity and the ICC has the authority put Juan Evo Morales on trial. The research method used is Normative Legal, with Statute and Conceptual Approach. The results of the research show that the actions of Juan Evo Morales Morales, who ordered his supporters to obstruct the entry of Covid-19 aid for the people of Bolivia, is a crime against humanity in accordance with Article 7 paragraph (1) letter (k) of the 1998 Rome Statute and fulfills the jurisdiction of ICC.

Whose rights are being violated when receiving HIV and sexual and reproductive health services in Nigeria?

BackgroundIn Nigeria, vulnerability status may increase the risk for the violation of human rights while receiving health care. The present study determined the proportion and profile of people who reported rights violation while accessing HIV and sexual and reproductive health (SRH) services.MethodsThis was a cross sectional study with data collected between February and March 2021. The dependent variables were patients’ rights to autonomy: right to privacy and confidentiality of medical records; right to be treated with respect, regardless of gender, race, religion, ethnicity, allegations of crime, disability or economic circumstances; right to decline or consent to participation in medical research, experimental procedures or clinical trials; right to quality care in accordance to prevailing standards; and right to complain and express dissatisfaction regarding services received. The independent variables were sexual identity (heterosexual/straight, gay, lesbian, bisexual, queer), HIV status (positive, negative, do not know), living with disability (yes/no), and access point to HIV services (public or donor funded/private). Five multivariate regression models were developed to determine associations between the dependent and independent variable after adjusting for age, education level (no formal education, primary, secondary, tertiary), sex (male, female, intersex), marital status (single, married, separated/divorced, cohabiting) and gender identity (male, female, transgender).ResultsComplete data from 2119 study participants were analysed. Transgender individuals had significantly higher odds of experiencing violation of their rights to privacy and confidentiality of medical records (AOR:1.70), right to be treated with respect (AOR:1.71), right to complain and express dissatisfaction regarding services received (AOR:1.57) and right to decline consent to participate in medical research, experimental research, experimental procedures or clinical trials (AOR:1.81) compared to individuals who were males.ConclusionA high proportion of recipients of HIV and SRH services in Nigeria reported rights violations. Transgender individuals appear to have higher risk and those in spousal relationships have lower risk for rights violations. Studies are needed to learn how to improve rights-based HIV and SRH service delivery in Nigeria especially for transgender individuals.

Student Disciplinary Proceedings in Universities: The Importance of Due Process and Evidentiary Standards When Investigating and Adjudicating Serious Offences

In Singapore, recent news about university students involved in sexual offences have generated considerable discourse on the features of its criminal justice system, with a pronounced focus on the appropriate sanctions that should have been meted out by either the university or the courts/police. What might have been overlooked, however, is the question of maintaining due process and evidentiary standards, particularly in relation to the role of universities when they conduct their internal disciplinary proceedings for students alleged to have committed serious criminal offences. But what is happening in Singapore is not anomalous; universities across the world are increasingly confronted with allegations of crime, and the maintenance of procedural standards cannot be said to have been consistent or robust. This article therefore identifies some areas that warrant particular attention and exhorts universities to be mindful of not using two wrongs to make a right. It is hopefully of broad interest to universities worldwide, seeing as it draws from the disciplinary rules found in the full spectrum of tertiary institutions in jurisdictions such as Hong Kong, the UK, and Australia. In the author’s view, it should not be controversial to maintain a certain universality of standards as certain due process and evidentiary standards have long withstood the test of time, across geographical boundaries. A shift of sympathy to victims should not necessarily entail the compromise of fairness, and indeed, common sense.

Denials and confessions. An analysis of the temporalization of neutralizations of corporate crime

In recent years two Swedish companies, Telia and Lundin Petroleum, have had to work hard to legitimate their actions as a result of allegations of criminal activity. In this paper, the corporate framings employed to deal with allegations of crime will be analysed on the basis of Stanley Cohen's (2009) theoretical work on processes of denial and neutralization techniques. More specifically, the paper focuses on the temporalization of neutralizations of corporate crime and aims to answer the following questions: How have the corporations' defence mechanisms changed over time? How might the types of crime of which they have been accused, and their corporate structures, affect the ways in which particular defence mechanisms are employed? The analysis demonstrates that although there are similarities, such as both companies framing their businesses as contributing to the development of democracy, human rights, prosperity and peace, the companies follow two different lines of development in their defences. While Telia moves from literal denial to confession, Lundin Petroleum stays with its literal denial in parallel with a strong condemnation of the condemners. These differences seem to be grounded both in the crimes of which the companies have been accused and their respective corporate structures.

From \u201cWe Didn\u2019t Do It\u201d to \u201cWe\u2019ve Learned Our Lesson\u201d: Development of a Typology of Neutralizations of Corporate Crime

When corporations are faced with accusations of crime, they usually find it necessary to justify their actions to the public, the media and their shareholders. Corporate self-defense, aimed at protecting a corporation’s image and legitimacy, belongs to a broader category of offenders’ denials and neutralizations. The objective of this article is to compile and discuss literature that is of value for an understanding of neutralizations of corporate crime and, by means of this literature and our own empirical studies on corporate denials, to outline a typology of corporate neutralizations. The typology distinguishes between a wide variety of corporate responses to allegations of crime and exemplifies how these techniques have been used. We also discuss the function of corporate neutralization techniques and argue that corporate accounts mediate action; they influence both other actors and future corporate actions.

Risky business: corporate risk regulation when managing allegations of crime

This article seeks to develop an understanding of how corporations manage their social and ethical responsibilities, whilst simultaneously facing allegations of crime. It draws on the case of TeliaSonera, a Swedish corporation prosecuted for committing bribery in Uzbekistan. The article begins by introducing the reader to this so-called ‘Uzbek affair’, before exploring how corporate governance has shifted in the new regulatory landscape, and the role CSR plays in this landscape. Secondly, it critically deconstructs TeliaSonera’s regulatory regime, in order to analyse how the risks of corruption and bribery are managed in the aftermath of the Uzbek affair, and what functions this management fulfils for the corporation’s front stage performance. By drawing on the distinction between primary and secondary risk management as proposed by Power [1, 2], the article argues that the regime in place to manage social and ethical risks simultaneously manages reputational and profitability-related risks, thus illustrating the dual functions of corporate risk management. This duality, it is suggested, is a consequence of the responsibilisation process in which corporations have become self-regulating entities, which allows for a ‘risk management of everything’ (cf. [1]).

Doing business for a “higher loyalty”? How Swedish transnational corporations neutralise allegations of crime

In recent years, two Swedish companies have been a focus of substantial media attention: TeliaSonera and Lundin Petroleum. The defensive strategies employed by these two businesses to deal with allegations of crime will be analysed on the basis of Stanley Cohen’s theoretical work on processes of denial and neutralisation techniques. This paper will focus on a particular form of denial, namely the appeal to higher loyalties, whereby the businesses try to explain why they have been doing business despite the risks that this has involved. The paper links together the companies’ communications with the contexts in which they occur and the structures that might be expected to influence how the companies choose to frame their communications. The presence of the corporations in areas where crimes have been committed is not denied, but implicatory denials are employed to justify the corporations’ operations by referring to the societal benefits of their business activities. When the corporations frame their businesses as contributing to development, democracy and peace in the countries in which they operate, the corporations use well-known discourses that underline Swedish or Nordic generosity, helpfulness and decency. Thus, the analysis also draws on post-colonial theory and the image of the Nordic countries as being particularly “good” in relation to the rest of the world.

The Duty to Investigate Zimbabwe Crimes Against Humanity (Torture) Allegations

On 30 October 2014, the Constitutional Court of South Africa held, in a landmark unanimous judgment, that South Africa had a legal duty to investigate allegations of crimes against humanity committed in Zimbabwe by Zimbabweans against their fellow citizens and ordered South African authorities to do so. This was pursuant to universal jurisdiction provisions of the Implementation of the Rome Statute of the International Criminal Court Act (ICC Act) — the domestic legislation that incorporated international crimes and other obligations pursuant to the Rome Statute of the International Court (ICC) into South African law. While, in coming to that conclusion, the Court’s analysis of international law on the duty to investigate in a universal jurisdiction context was unsatisfying, the judgment is innovative since the duty to investigate was ultimately grounded on a domestic duty to investigate all crime under domestic law — whether international or otherwise. This bold and fresh technique has the potential to be duplicated in countries that recognize a general duty to investigate crime, have incorporated international crimes into domestic law and recognize universal jurisdiction over such offences. Further, in an attempt to rein in the wide-ranging implications, the judgment articulated guiding principles and limitations that in some respects draw directly from the ICC. In particular, the ICC’s signature ‘unwilling or unable’ complementarity test and the ICC Prosecutor’s preliminary examination mechanism were, in effect, judicially sanctioned for application in the South African legal order. As a result, there is potential for the ICC’s best practices and case law to directly influence the direction of South African investigations, proceedings and jurisprudence in the future exercise of her universal jurisdiction over international crimes in a manner that is consistent with the Constitutional Court’s judgment and international law.

Surveillance, Governance and Professional Sport

The surveillance capacities of professional sports clubs and Leagues are directly related to their modes of governance. This paper identifies how private sports clubs enact surveillance through processes of inclusion and exclusion. Using three examples to demonstrate these processes, we argue that the surveillance mechanisms associated with sports governance at times replicate, at other times contradict, and at other times influence those associated with broader law enforcement and security developments. These examples also suggest potential increases in surveillance activities that emerge in club governance often flow from external concerns regarding allegations of crime, national security breaches and corruption. These context-specific case studies (Flyvbjerg 2001) demonstrate how surveillance and identity authentication are closely tied to the complex, multi-tiered governance structures and practices in three distinct sports. We then explore how these patterns can be interpreted as either connected to or distinct from equivalent developments involving the surveillance surge (Murakami Wood 2009) and concepts of inclusion and exclusion under the criminal law. We conclude by discussing how both internal and external regulatory forces can shape interrelated facets of surveillance, governance and exclusion in elite sports.

Palestine and the International Criminal Court Quo Vadis?: Reach and Limits of Declarations under Article 12(3)

In 2009, 'Palestine' lodged a declaration recognizing the jurisdiction of the ICC under Article 12(3). However, in April 2012, the OTP determined that this declaration had not brought about the result, of providing for the ICC's jurisdiction, pending clarification from the political organs of the UN concerning the legal status of Palestine within the organization. On 29 November 2012, the General Assembly granted Palestine the status of a non-member observer state within the UN framework, thereby fulfilling the condition mentioned by the OTP in April 2012. It is against this background that the article considers the current legal effects of the 2009 Palestinian declaration. In particular, it addresses the issue of whether the declaration, when read in conjunction with the 29 November 2012 decision, possesses retroactive effect, i.e. whether it provides, as claimed, for the Court's temporal jurisdiction from 1 July 2002 onwards or rather starting only from 29 November 2012. ... the current status granted to Palestine by the United Nations General Assembly is that of 'observer', not as a 'Non-member State'. ... [T]his... informs the current legal status of Palestine for the interpretation and application of article 12 [Rome Statute]. ... The Office could in the future consider allegations of crimes committed in Palestine, should competent organs of the United Nations... resolve the legal issue relevant to an assessment of article 12. ... International Criminal Court, Office of the Prosecutor, 'Situation in Palestine', 3 April 2012

Behind the Killing Fields: A Khmer Rouge Leader and One of His Victims (review)

Reviewed by: Behind the Killing Fields: A Khmer Rouge Leader and One of His Victims Surya P. Subedi (bio) Gina Chon & Sambath Thet, Behind the Killing Fields: A Khmer Rouge Leader and One of His Victims (University of Pennsylvania Press 2010), 178 pages, ISBN 9780812242454. Cambodia witnessed one of the worst atrocities committed in the twentieth century during the Khmer Rouge period from the middle to the end of the 1970s. Since the country went through a period of political instability and conflict prior to and after the rule by the Khmer Rouge, not much has been written by the Cambodians themselves or about their own experience of life under this brutal regime. From this stand point, this book, which contains a first-hand account of the mindset of one of the top leaders of the Khmer Rouge, Nuon Chea, known as Brother Number 2, is a welcome addition to the literature on Cambodia. Nearly thirty years after the Khmer Rouge rule, the authors have done a commendable job by revisiting the tragic past of Cambodia, by unearthing some of the facts, and by bringing these facts, ideas, and social and political realities of the time to a wider readership. In this book, co-author, Sambath Thet, a Khmer Rouge victim himself, shares his personal perspectives on the Khmer Rouge regime and how some victims have managed to rebuild their lives. The book narrates the political ideology of the leaders of the Khmer Rouge, which resulted in the butchery of large numbers of people in the killing fields of Cambodia. In doing so, the book presents a chilling account of the convictions of the leaders of the Khmer Rouge behind the killing fields and the political, economic, and social situation prevailing in Cambodia at the time of the emergence of Khmer Rouge. The role of international players, especially that of Vietnam and the United States in the making and unmaking of the complex political situation in Cambodia, also comes under examination in this book. The information presented in this book is informed by more than 1,000 hours of interviews conducted over a six-year period with Nuon Chea, who began his career fighting for a good cause as a dedicated freedom fighter, but ended up as a member of the core Khmer Rouge team that brought so much misery and sufferings for so many millions of people in Cambodia. He now is facing a trial before the UN backed Cambodian tribunal on allegations of crimes against humanity. In an attempt to understand the mindset of the leaders of the Khmer Rouge, the book traces how the seeds of the killing fields were sown and what led Nuon Chea, who was believed to have held more power than Pol Pot himself, to be known as Brother Number One. This book is particularly interesting in the sense that, when telling the story of Nuon Chea, it actually is telling the story of the Khmer Rouge itself as he was regarded as the political ideologue of the regime and is believed to have come up with many of the policies pursued by the regime. While presenting the story of Nuon Chea, the book also tells a contrasting tale of one of his victims, co-author Sambath Thet, who lost his parents during the Khmer Rouge period. Thet reveals how he has tried to forgive and rebuild his life in the aftermath of the tragedy. By presenting [End Page 878] the moving and inspiring experience that Sambath underwent during and after the Khmer Rouge period, the book perhaps represents the similar struggles and experiences of many others during the period. This makes the book a worthy read for those interested in the tragedy, hope, and survival strategy adopted by many Cambodian people in a situation similar to Sambath's. While Nuon Chea represents the tragic past of Cambodia, Sambath represents a forward looking approach to life in contemporary Cambodia. Like Sambath, the whole nation of Cambodia is trying to rebuild shattered lives and reconstruct its state institutions in order to ensure that the country does not descend into old practices. For this, Cambodia adopted a democratic constitution which is underpinned by the values...

On Contagion : Sudanese Refugees, HIV/AIDS, and the Social Order in Egypt

In the weeks following the break-up and removal of the Sudanese protestors in Mohandiseen on 30 December 2005, the Egyptian government and the Interior Ministry, in particular, came under intense international scrutiny and criticism for the manner in which the situation was handled. Amidst the chaos regarding the actual numbers of the injured, the detained and the dead, both human rights organizations and UN officials accused the Egyptian police of using excessive force against the protestors and called for an independent investigation of the matter. In response, the Interior Ministry released several statements of explanation and justification for the forcible evacuation of the protestors. Of note was the deliberate rhetoric used to characterize the protest as a health hazard, harboring dangerous epidemic diseases alongside allegations of crime and public intoxication among the protestors. This paper proposes an analysis of the events of surrounding the protest at Mostafa Mahmoud Square and its tragic aftermath that looks at the rhetoric of contagion and immorality used by the Egyptian government to characterize the protesters. I will argue that not only 1) did such accusations allow the government to justify its actions to the international world, but 2) the accusations were also aimed at reinforcing certain distinctions between the Sudanese and local Egyptians, who are themselves also frequent victims of police brutality. Doing so would accomplish the threefold function of isolating the protesters, preventing Egyptians from identifying with them, and thereby discouraging the possibility of similar demonstrations being held by Egyptians in the future.

The Early Development of the Privilege against Self-Incrimination

In the modern world the privilege against self-incrimination is seen as one of the peculiarities of the common-law systems' and one which is under attack.2 Views of the origin of the privilege may affect views of its policy justification and proper scope: is it a matter of high constitutional importance, or an accidental by-product of struggles over other issues which has limited value in comparison to the problems it causes? Was it founded on objections to a particular variety of trial procedure, or on more general concerns about compulsory self-incrimination? The early history of the privilege may also have things to tell us about the 'mentalitd' of the seventeenth-century common lawyers,3 since it has traditionally been regarded as a sharp edge of conflict between common-law and civil-law ideologies. Two broad theses have been advanced about the origins of the privilege in the common law. J. H. Wigmore's classic account, following the approach outlined by Bentham, saw the privilege as creeping in 'by indirection' into the common law in the mid-seventeenth century in the wake of the fall of Star Chamber and High Commission, ie almost by accident.4 In contrast M. H. Maguires and more recently and fully L. W. Levy6 have argued that the principle underlying the privilege has much deeper roots in the system of criminal procedure established in the English common law in the middle ages. Though Wigmore saw the application of the privilege in the common law as a result of a confusion of ideas, while Levy saw it as originating in the common-law form of criminal procedure, both arguments identified the privilege as starting from the right of the accused to remain silent in criminal trials and being subsequently extended to witnesses and to allegations of crime in civil litigation.7