Criminal Prosecution Of Perpetrators Research Articles

“TAKE PITY OF YOUR TOWN AND OF YOUR PEOPLE”

It has been argued that the practice of siege warfare is at the very limit of legality under the terms of International Humanitarian Law.[1] The question addressed in this essay might be rephrased: how do the laws of armed conflict permitsieges to become humanitarian disasters? More precisely, can military doctrine regarding the efficacy of siege warfare operations to induce surrender of besieged forces comply in real world terms with the laws of armed conflict? Since February, 2022 it is alleged that Russian armed forces perpetrated a number of crimes against humanity in Ukraine during sieges of cities such as Mariupol. These alleged crimes include indiscriminate targeting of civilian habitation and attacks on evacuation corridors.[2] In the 1990s, siege warfare in the former Yugoslavia provoked international censure and criminal prosecution of perpetrators. Nevertheless, siege operations in Syria and Kashmir today show no sign of respecting the rights of civilian populations despite international censure. The core legal issue regarding sieges is the principle of distinction between combatants and non-combatant civilians and thus decisions regarding targeting and proportionality. The essay will show that distinction is a recent innovation in International Humanitarian Law and uncertainly embodied in military doctrine. The first part reviews evolving IHL norms pertinent to modern sieges. In the second, the essay examines modern jurisprudence regarding the conduct of siege warfare derived from the International Criminal Tribunal for the Former Yugoslavia (ICTY) prosecution of Major General Stanislav Galić and Major General Dragomir Milosević.[3] 
 
 [1] Riordan, K., ‘Shelling, Sniping and Starvation: the Law of Armed Conflict and the Lessons of the Siege of Sarajevo’, Victoria University of Wellington Law Review, 41 (2), p.150; Watts, S., Under Siege: International Humanitarian Law and Security Council Practice Concerning Urban Siege Operations’, Research and Policy Paper, CHE Project, May 2014.
 [2] https://blogs.icrc.org/law-and-policy/2022/03/17/armed-conflict-in-ukraine-a-recap-of-basic-ihl-rules/
 [3] https://www.icty.org/case/galic

Improving the Legal Regulation of Genomic Registration in the Context of Crime Prevention

Prevention of crimes, as well as their detection, their quality and timely investigation have always been a priority for the work of law enforcement bodies. One of the effective methods of counteracting crimes is crime detection and the criminal prosecution of perpetrators. At the same time, the law enforcement bodies do not always carry out crime investigation in a timely and comprehensive manner. The author presents framework measures of raising the quality of crime investigation through the improvement of, firstly, the mechanism of the legal regulation of genomic registration and, secondly, the forensic technical support of the detection, investigation and prevention of crimes in the context of three elements — legal basis, material and technical support, staffing. One of the effective methods of improving the clearance rate and prevention of crimes is the use of DNA-analysis and genotyposcopic expertise. In order to improve the quality of this expertise, the author has developed specific suggestions on amendments to the Federal Law «On State Genomic Registration in the Russian Federation» of December 3, 2008 № 242-ФЗ on a wider scope of persons for whom genomic registration is obligatory. The initiatives of scholars and practical workers regarding the introduction of DNA passports for citizens are briefly analyzed, and the international experience in this sphere is examined. The author also studied the Decrees of the President of the Russian Federation «On Developing Genomic Technologies in the Russian Federation» (together with the «Provision on the Council for the Implementation the Federal Research and Technical Program on the Development of Genetic Technologies in 2019–2027») of November 28, 2018 № 680, «On the Basics of the State Policy of the Russian Federation in Ensuring the Chemical and Biological Security until 2025 and Further Years» of March 11, 2019 № 97, which were implemented in the Federal Research and Technical Program of Developing Genetic Technologies in 2019–2027, approved by the Decree of the Government of the Russian Federation of April 22, 2019 № 479. The author shares the opinion that obligatory genomic registration should be introduced for some categories of citizens as a factor of crime prevention.

International guidelines for managing investigation and collection of evidence of war crimes

The article is devoted to the peculiarities of the international regulations of the organization of the investigation and collection of evidence of military crimes. The objective is to analyze the effective minimization of the impact of destructive factors on the investigation of military crimes, so it is necessary to create a special governmental institution to cooperate with the International Criminal Court with the appointment of national coordinators in relation to amendments to the Code of Criminal Procedure of Ukraine, which provides for the possibility of investigation. The methodological basis of the research was the methods and techniques of scientific knowledge, specifically the main method of research was the dialectical method. It is concluded that the concept of investigation of military crimes committed in armed conflict and criminal prosecution of perpetrators can be defined as of important scientific and practical significance, a holistic interdisciplinary comprehensive theoretical system of activities under special conditions, which generally combines theoretical provisions on specific patterns in the field of legal support, organization of investigation and collection of evidence of military crimes. : search, arrest and transfer of officials involved in military crimes and implementation of international proceedings against the accused.

ДО ПИТАННЯ ОРГАНІЗАЦІЇ РОЗСЛІДУВАННЯ ВІЙСЬКОВИХ ЗЛОЧИНІВ

The normative legal acts of Ukraine and the member states of Europol and Eurojust are analyzed, which are part of joint investigation groups within the European Union in the organization of the investigation of military crimes. The authors have pointed out that the customary international law requires the states to exercise their jurisdiction and provides an opportunity to exercise the universal jurisdiction regarding the military crimes, which are not serious violations. The authors determine that the universal jurisdiction may be provided by the norm of international customary or treaty law. Universal jurisdiction can be exercised either by the adoption of internal legislative acts (legislative universal jurisdiction), or in the form of investigation of persons, who are suspected of committing offenses and their transfer to the court (lawful universal jurisdiction). The grounds for the exercise of universal jurisdiction regarding the military crimes are present in both international treaty and customary law. The authors suggest forming a single concept for the investigation of the military crimes that have been committed in the conditions of armed conflict and the criminal prosecution of perpetrators. Namely, this concept, according to the authors, is defined as one that has important scientific and practical significance, a comprehensive, interdisciplinary holistic theoretical system regarding the activity in special conditions, which in general brings together a set of theoretical provisions on specific patterns in the sphere of legal support, organization of investigation and collection of evidentiary information on military crimes, search, detention and transfer of officials, who are involved in committing military crimes, carrying out the international legal proceedings regarding the perpetrators. Such concept will allow uniting scientific provisions on the activities of criminal justice bodies in the condition of the armed conflict into a single system, which, in turn, contributes to the identification of unexplored issues and the systematic solution of relevant problems. It is important for investigative and judicial practice, because it equips the criminal justice authorities with scientifically sound recommendations regarding the organization of the investigation of military crimes, as well as the methods of their conduction.

Kebijakan Pencegahan Tindak Pidana Terorisme Melalui Kontra Radikalisasi di Kabupaten Jember

In addition to overcoming efforts is one of the tasks of the police, the prevention of radicalism must also have an element of support from the regional government in Jember Regency through its criminal law policy. Both of the above must be synchronized institutions so that efforts to tackle radicalism can be implemented properly. This research method uses a normative research method through the statutory approach and conceptual approach. The first result of this research is that there is an ease that is obtained in carrying out efforts to overcome the understanding of radicalism, namely by means of or counter-radicalization methods carried out by the police and supported by all government agencies in Jember Regency and the layers of society. Secondly, in practice between the counter-radicalization processes, the community still expects a process of arrest up to the stage of criminal prosecution of perpetrators of terrorism as a manifestation of a legal protection for the people of Jember Regency and its surroundings.

Features of Modern Legal Regulation of Multiculturalism in Germany: a View from Russia

The author considers the peculiarities of the legal regulation of German multiculturalism. This problem seems to be particularly relevant due to the high rates of globalization that have recently affected the Federal Republic of Germany. This is due to the rapid islamization of the state and the immigration to Germany of various ethnic and religious groups, as well as the attempts of the latter to “protect themselves” from German society and live by their own rules, sometimes disregarding the laws of the host country. Interest in the topic being studied is also largely due to the desire of the state to overcome the Nazi past, the unresolved problems of the existence of ultra-right forces (parties and other organizations) aspiring to the local parliaments (landtags). Members of nationalist groups commit crimes, including on ethnic, national and religious grounds. The paper analyzes the theoretical approaches to the legal regulation of such a complex social phenomenon as multiculturalism. An attempt was made to consider the issues of legal consolidation of this phenomenon from diametrically opposite points of view. The individual causes of the collapse and failure of this policy and ideology in a number of modern European states are investigated. The research topic is revealed by the author from the position of not only doctrinal research, but also from the point of view of the settlement of the issue in international, constitutional and criminal law. The proposals were formulated on the need for a qualitative, global and targeted change in the legal regulation of multiculturalism in Germany, possible prospects for its further development, including for the purpose of criminal prosecution of perpetrators violating the rights, freedoms and legal interests of representatives of different ethnic and national groups and minorities.

Redress, rights and responsibilities: comparing European intervention systems

While there is an overall consensus in Europe on the need for a comprehensive approach to domestic violence, different models are emerging. Some focus on criminal prosecution of perpetrators, others construct intervention around protection of victims, and the obligations of professionals are differently framed by legal and institutional provisions. Against a background of research mapping the diverse frameworks across Europe, the project ‘Cultural Encounters in Intervention Against Violence’ (CEINAV) explored these differences in depth in Germany, Portugal, Slovenia and England and Wales, whose intervention systems exemplify some of these differences, and found that these do shape the pathways by which women threatened by an intimate partner may enter and move through (or withdraw from) the intervention system. In addition, the rights of a woman facing violence to make decisions affecting her own life is seen differently. The different approaches all raise questions of when and how far intervention actually meets the needs of the women and children subjected to ‘domestic’ violence (much of which is actually not perpetrated by a spouse or a live-in partner). Both the focus on victim protection and, paradoxically, the emphasis on criminalisation seem to have only a very limited potential to stop perpetrators from violence.

Countering Terrorism in Iraq: Law and Practice

After several years of fighting the international terrorist organization «Islamic State», the anti-terrorist coalitions headed by the Russian Federation and the USA managed to tip the scale in their favor in 2017. There is extensive research on how different countries counteract this most well-known of all modern international terrorist organizations. However, as Western criminologists note (Alex Braithwaite, Shane D. Johnson), there are very few empirical works that study the causes of decline and growth of terrorist activities as well as the emergence and disappearance of hot spots in Iraq itself during the American military campaign. On the whole, the overview of publications has revealed (Gary LaFree, Joshua D. Freilich) that out of over than 20 thousand articles on terrorism published between 1971 and 2004, only seven were devoted to empirical (criminological) research, while others dealt with the psychology of terrorism. The situation started to change in recent years and a large number of empirical (criminological and criminal law) studies of terrorism has been published, which is connected with the growing financial support of such research by national research foundations and state departments (for example, the Department of Homeland Security and the Department of Defense in the USA). Thus, about 100 books devoted to such studies have been annually published in the USA in the last decade. As for Russian criminal law policy, this article is one of the few devoted to countering terrorism in the motherland of «Islamic State» – in Iraq. The authors analyze Iraqi anti-terrorism legislation, in particular, Law № 13 of 2005, draw attention to an excessively wide definition of terrorism that it contains, conclude that its clause of analogy is incompatible with the principle of legality and argue that this normative act is one of the most drastic anti-terrorism laws in the world. The authors believe that an important direction in fighting terrorism is the decision of Iraqi authorities to establish a special tribunal for terrorist crimes, such as genocide against the Yazidis, and criminal prosecution of perpetrators who are outside Iraq, including those in Russian territory. They prove that the terrorist crimes against «infidels», qualified by many specialists and international organizations as crimes against peace and humanity, should mainly be the subject of proceedings in an independent court body of the international community.

Transitional Justice in Chechnya: NGO Political Advocacy for Implementing Chechen Judgments of the European Court of Human Rights

This article asserts that Russian nongovernmental organizations (NGOs) contribute to processes of transitional justice in Chechnya through their litigation in front at the European Court of Human Rights (ECtHR). Having delivered more than 200 judgments on atrocities which occurred during the two recent conflicts in Chechnya, the ECtHR has repeatedly ruled that the state should pay financial compensation to the victims. While the Russian Federation has been following through on such payments, human-rights monitors allege that domestic authorities have failed to take active measures to address the atrocities themselves.Through a qualitative interview study with Russian lawyers and NGO representatives, this article seeks to scrutinize how NGOs have been using the ECtHR’s mechanisms and judgments by way of leverage to initiate processes of transitional justice in post-conflict Chechnya. It appears that the ECtHR is not an end-station for human-rights claims and individual grievances but, rather, the start of a series of further claims. NGOs: (a) engage in political advocacy in implementing the judgments; and (b) create leverage for the criminal prosecution of perpetrators.

By Anna Petrig, Ed—2010: sea piracy law: selected national legal frameworks and regional legislative approaches/droit de la piraterie maritime: cadres juridiques nationaux et approches législatives régionales

The dramatic increase of piracy and armed robbery against ships in the Western Indian Ocean and the Gulf of Aden in the last years highlighted the lack of national and regional legal frameworks for the punishment for these crimes in the region. From the perspective of criminal lawyers, the United Nations Security Council Resolutions 1816(2008), 1846(2008), and 1851(2008) that authorized states to use military forces “within the territorial waters of Somalia” and “in Somalia” for the purpose of suppressing piracy and armed robbery against ships had little impact on the criminal prosecution of perpetrators. While a number of western states cooperated in taking enforcement measures off the coast of Somalia for the suppression and deterrence of acts of piracy and armed robbery against ships, they were reluctant to prosecute captured pirates in their domestic courts. A number of captured pirates were, therefore, transferred to Somalia’s neighboring states for prosecution or otherwise released without punishment. Having faced this reality, the Security Council, under Resolution 1976(2011), urged all states to criminalize piracy under their domestic law and decided to “urgently consider the establishment of specialized Somali courts to try suspected pirates both in Somalia and in the region, including an extraterritorial Somali specialized anti-piracy court [...] consistent with applicable human rights law”. It is timely in this context that the book Sea Piracy Law: Selected National Legal Frameworks and Regional Legislative Approaches/Droit de la piraterie maritime: Cadres juridiques nationaux et approches legislatives regionals, edited by Anna Petrig, is published from Duncker & Humblot. The book compiles three articles WMU J Marit Affairs (2011) 10:243–245 DOI 10.1007/s13437-011-0015-9