Recognition Of Crimes Research Articles

The Legal Treatment Problem of French and Georgian Nationals Who Joined the Islamic in Iraq and/or Syria

With the weakening of the Islamic State, many French and Georgians who had joined the organization, were arrested by the Syrian Democratic Forces (SDF) in Syria and by the Iraqi authorities. These people have been placed either in detention in Iraq or in camps in Syria with catastrophic health and security conditions. Even if France and Georgia are unambiguously reluctant to repatriate their nationals who have joined Daesh in order to try them on their territory, it is appropriate to ask whether this policy is consistent with international law. This article aims to provide a legal response to the political and security issues surrounding the repatriation and trial of French and Georgian nationals who have joined Daesh. Firstly, the legal dilemma of the trial of adults who joined Daesh will be studied in the light of international law and the domestic law of Iraq, France and Georgia, including the thorny issue of the application of the death penalty in Iraq and the recognition of crimes against humanity. Secondly, the legal possibility of repatriation of French and Georgian minors interned in camps in northern Syria will be analyzed.

Human Rights and Groups: Beyond the Particular/Universal Dichotomy

Human Rights and Groups:Beyond the Particular/Universal Dichotomy Leora Bilsky (bio) James Loeffler's new book entitled Rooted Cosmopolitans: Jews and Human Rights in the Twentieth Century suggests that our contemporary understanding of international human rights as fundamentally opposed to national politics is based on the false dichotomies between particularism and universalism and between politics and law. By turning our attention to the history of the human-rights field—and particularly to the struggles of five Jewish founding fathers of international human rights—we find that from their perspectives, human rights were actually closely related to national-group politics; that specifically Zionism, as a national movement, was not contrary to international law or human-rights law or human-rights law but was rather a catalyst for legal creativity; and that human-rights law was not created out of indifference or hostility toward group politics but was rather integrated into attempts to protect and provide political maneuvering space for the group. In fact, the struggle for collective group recognition and protection was at the heart of the legal tools and institutions that they proposed, including the Genocide Convention, the Universal Declaration of Human Rights, the recognition of crimes against humanity, and others. Could this historical understanding of the development of human rights through the biographies of its Jewish founders, who tried time and again to tie the particular with the universal and the political with the legal, shed light on the legalism that characterizes the field today? Is there indeed a necessary tension between human rights and national politics? And if not, what is the reason behind our collective amnesia of the different possibilities to integrate both? What could explain the contemporary limitation of our legal and political imagination in this regard? What is the force behind the anachronistic story we tell ourselves about this false dichotomy? And especially today, at a time when [End Page 162] human rights, international law, and globalization are portrayed by populist leaders as chief threats to the protection of national collectives and identities, could Loeffler's book provide new answers that do not reinforce the validity of this false dichotomy? In my research, I have dealt extensively with a puzzle relating to a similar difficulty—that is, the difficulty of integrating law and politics in a manner compatible with the liberal conception of law, in order to account for the phenomenon of political trials, prevalent in transitional settings. This question is not new and has been studied by numerous jurists through the years, but since the mid-1990s, it has been redefined as the field of transitional justice, a term that has attempted to allow for political trials in times of transition from military or dictatorial regimes to democracy. Transitional-justice literature views the restoration of the rule of law (accountability, end of impunity) and the unveiling of the truth about the previous regime's crimes as essential and central components of the transition process and examines the unique legal and political tools that were developed to address such transitions, including truth and reconciliation commissions, international criminal law, restitution, and reparations. Despite the strong links between the fields of transitional justice and human rights, they differ in their prevalent approaches to the relation between law and politics. While prominent transitional-justice scholars are willing to accept political action as an integral part of the legal field, the human-rights field is characterized by an apolitical legalism that is seen as necessary for its very legitimacy.1 Here we can find an important contribution of Loeffler's book to contemporary legal debate. Today, the transitional-justice field is going through a transformation as it moves away from the earlier recognition of the necessity of accommodating politics and balancing strict legalism with the political needs of particular communities toward a return to a hegemony of criminal law over transitional-justice processes (under the struggle to end impunity and the transition from national to international law), and over the human-rights field more generally.2 This flight from "politics" in order to strengthen the legitimacy of international law is questioned by Loeffler's historical narrative. [End Page 163] The political in Loeffler's book relates to national...

A Look at Legislative Criminal Policy of Iran against Violent Crimes

According to the opinions of the experts in the field of law, recognition of crimes and fighting against them is a social need combined with favorable political consequences that result in the acceptance and legitimacy of all political systems. The present article, with the descriptive-analytic method and application of all library resources, attempts to examine the designated policy of legal system of Iran in response to violent crimes. The results of the study indicate that the legislative-criminal policy of Iran includes different stages of prosecution, investigation and trial and even criminalization and sentencing. Populist criminal policy has been always considered in the Iranian legal system that instances of it can be observed in the act of intensification of punishments for the perpetrators of embezzlement, bribery and fraud. But in the late eighties and early nineties populist criminal policy emerged in the form of plans, bills and even multiple rules and unfortunately this trend is growing. At the end, it should be noted that in the populist legislative policies, due to lack of causal connection between the actions, the expected results are often not achieved and ineffectiveness of this policy on crimes and incapacity and inefficiency of this criminal policy is clear and obvious. It is hoped that the findings of this study can pave the way for further efforts in understanding and adopting wise policies and strategies to deal with all kinds of crime.

Role of Orthodontics in Forensic Odontology- A Social Responsibility.

Orthodontics like any other specialty has much to offer law enforcement in the detection and solution of crime or in civil proceedings. Forensic odontology often requires an interdisciplinary approach towards dentistry for the purpose of proper diagnosis of cases. In cases where the forensic odontologist has to establish a person's identity, an orthodontist can be of great help at times. Teeth, with their anatomic/physiologic variations and therapy such as orthodontic treatment, restorations and prosthesis may record information that remains throughout life and beyond. The teeth may also be used as weapons for defense or offense and as such may leave information about the identity of the biter at the time of crime. Forensic odontology also plays an important role in the recognition of crime and abuse among people of all ages. Orthodontists like all other dental professionals can play a major role by maintaining proper dental records and thus providing important or vital information or clues to the legal authorities in order to help them in their search.

‘Devoir de mémoire’: The post-colonial path of a post-national memory in France

The expression ‘devoir de mémoire’ (‘duty to remember’) started to be commonly used in the French political discourse in the French political discourse in the 1990s, thanks to a reconfiguration of the ‘national narrative’. It implied two new obligations for the French state: to commemorate the memory of the victims for which France was acknowledging its responsibility (Jewish deportees during the Vichy Regime), and the recognition of a community (the Jewish one) victim of genocide. This new political contract also offers one paradigm for post-colonial memories as people sought, at the end of the 1990s, an official recognition of crimes against humanity such as slavery or colonization. These demands were elaborated and negotiated by new actors, carriers of these memories, by means of socialization with the expression ‘devoir de mémoire’. Through an exploration of this ritual of apology in France, specifically on how the ‘Taubira law’ on slavery was created and passed (1998–2001), this text intends to show how the use of the ‘devoir de mémoire’ led to interactions between different collectivities, mentioned as a ‘speech act’ meant to modify social relations through the official understanding of the national past.

Förlåtelse, försoning och oförsonlighet i överlevandes berättelser efter kriget i Bosnien

Forgiveness, reconciliation and implacability in narratives of survivors after the war in Bosnia and HerzegovinaIn this article I analyze verbally portrayed experiences of 27 survivors from the 1990s’ war in Bosnia and Herzegovina. One aim of the article is to analyze markers for reconciliation and implacability, the second is to describe the terms for reconciliation which are actualized in those stories. The interactive dynamics, which occurred during the war, make the post-war reconciliation wartime associated. Narratives about reconciliation, implacability and terms for reconciliation, are not only formed in relation to the war as a whole but also in relation to one’s own and others’ wartime actions. The narratives about reconciliation become an arena in which we and them are played against each other in different ways – not least by rejecting the others’ acts during the war. In the interviewees stories implacability is predominant but reconciliation is presented as a possibility if certain conditions are met. These conditions are, for instance, justice for war victims, perpetrators’ recognition of crime and perpetrators’ emotional commitment (for example the display of remorse and shame).