أبحـاث المركز العربي لحقوق الإنسان والسلام الدولي

الجرائم الانسانيه في القانون الدولي – ENGLISH

Dr. Mahmoud Al -Shammari

International crimes – Arab Center for Human Rights and International Peace

Crimes of humanity in international law

International Criminal Court issued on the fourth of March 2009 its decision to accept the memorandum Prosecutor Luis Acampo arrest of Sudanese President Omar Hassan al-Bashir on charges of war crimes and crimes against humanity in Darfur , while dropped the crime of genocide, and said : It is not there is sufficient evidence to commit . Since then, Arabs each, may caught in of, between supporters of the resolution and dismissive him, and another confused between these and those ..

For our part , we wonder : not longer Holocaust Gaza in the recent Israeli war is a compelling indication of the commission of the Zionist war leaders ( Olmert, Barak and Livni ) crimes against humanity , after the siege of economic and security to the residents of the Gaza Strip spilled more than a year . This time, there have been documented crimes , human rights and international claims , Western and Eastern , the trial of war criminals. It might be said : Israel is not a party to the International Criminal Court, and the UN Security Council will refer crimes to the court due to the U.S. veto at least … This is true , however, the General Assembly can be moving , as well as states that allow their national laws to prosecute war criminals from non- citizens , was it not incumbent upon the International Criminal Court to prosecute the Zionist war criminals instead of heading to Sudan? .. In the book, the recently released by the Center for Arab Unity Studies under the title: “The concept of crimes against humanity in international law” of William Najib George Nassar , came in ten chapters dealt with the subject in all its aspects . interested in the book to identify and document the meanings and concepts related to the concept of crimes against humanity and crimes of genocide in international law. And affects the various violations and forms of crime which is the oldest and most important in the international treatment , and those that exercise the human right to jails and prisons , as well as crimes of genocide , torture, slavery , apartheid and enforced disappearances , sexual violence, arbitrary imprisonment and persecution. Is also interested in describing and identifying ways prosecution International for these crimes , and related forms of protection required in times of peace and war , seeking to demonstrate the limits of crime and punishment during the wars and beyond. Also gave the author an analysis of the causes of disabling effect of international law and its failure to provide protection for the human being, especially during the period of the Cold War , where she double standards of the State of influential actors in dealing with various issues of international relations and the international community. And stems from the assumption that international law has evolved to the extent that classifies actually crimes against humanity, and considers the most dangerous in the international practices , and calls for the prosecution and to hold accountable and punish the perpetrators whatever their business , despite the fact that the victorious powers considers that international law is not eligible , and that it must be protected from prosecution and accountability and punishment . despite the fact that international criminal law is still in the stages of development preliminary However, there are a lot of rules and norms of international law and treaties that define many aspects of this law, and make it possible to do justice system of an international prosecution of perpetrators of crimes against humanity. This requires explain the meaning of crimes against humanity, and show how they are received in international humanitarian law and international law of human rights, with the distinction between them and a brief explanation of each. Also touched on the author, to address the prosecution of international perpetrators of international crimes , and how the development of this prosecution to the degree of access to the formation of the Court ICC. And then talk about those crimes , as seen and known to international law , saying that international law has evolved to the point where the international community to prosecute and accounting and punish the perpetrators of these crimes, despite the fact that some of the great powers are trying to escape the provisions of international law , which participated are placed mainly , to be legally accountable defeated , bringing the now international law to hold all wrongdoers , the victors were or defeated , as it has become an urgent need internationally to pursue , prosecute and punish those who commit serious violations of human rights, and contrary to international humanitarian law. early to talk about crimes against Alansanahotrdja early to talk about crimes against humanity to the First World War , but did not become part already of international law , but in World War II , and specifically a result of the atrocities committed in this war, with the crimes against humanity, as they are known today, is the practice of ancient موغلة in her foot in history , but trying to touch the way to stop it began in the First World war . This attempt and then evolved into a real quest to codified in international law , to become prosecute and hold them accountable part of international law , after he was talking about just a liberal perceptions of what must be stopped , and when he should be punished. Has cited the Charter of London , which on the basis of the courts of the international war crimes in Nuremberg and Tokyo, and included in international crimes, adopted the drafters of the Charter on the report issued by the commission of war crimes after World War I , so as to signify the continuity of the relationship in international law who grew up in customs basis , even if it was contrary to the norms and the law in a period of war. sets out the author stipulated by the Statute of the international Criminal Court, known as the ” Rome ,” and considers that crimes humanity may be committed in any of the armed conflict, has been committed by the state against its citizens , which is in this sense developed the concept of international crimes to include prosecute , even if it has been within the state against its own citizens , and within what it considers the affairs of sovereign. means crimes against humanity, the crimes committed by members of the State against the other members of the state or non- state, and in a systematic and part of a plan to persecution and discrimination with malicious intent deliberate against the other party , in partnership with others to commit these crimes against civilians are different from them in terms of affiliation intellectual , religious or ethnic , national or social or any other causes of variation. Often these acts are committed within the instructions issued by the organizers of the course of power in the state or dominant group , but carried out by individuals. In all cases, everyone is guilty , exporters of instructions to the instigators , perpetrators indirectly , to Alsaktin with them despite from knowing بخطورتها , and that it is systematically practiced against members of another group. And evolved prosecution International has , according to the Rome Statute of the International Criminal Court , so that the individual becomes guilty of a crime against humanity , even if committed assault and one or two attacks are among the crimes that applies specifications crimes against humanity, as set out in the Rome Statute, or that it was of a relationship with such attacks against the civilian few , on the basis that these attacks took place as part of an ongoing pattern of bad faith – based perpetrated by people with a comet relationship .

We believe that the interests of the major powers impose themselves in many cases are above the global understanding of the application of international law, goes back these countries to the use of double standards from time to time , so apply international law on some very strictly , and excludes others from the application. This is clearly shown , for example, when you are dealing with any issue related to Israel , so chosing the United States , and sometimes some major countries other European , to prevent making resolutions condemning Israeli violations in the occupied Palestinian territories , and perpetrated war crimes and crimes against humanity in which , and other grave breaches of international law. There is no doubt that the application of international law needs to be the political will of the international community , which is controlled by its decisions the actual major countries , especially the superpower , the United States , which can prevent the implementation of the provisions of international law when it considers that it Simms its interests or those of its closest allies , or impose applied firmly when you see that this does not affect their interests , and their interest here appearing to state that respects international law, and seek to apply it accurately , the system prevails in the international community . It seems that as the United States is the most prominent in the field to stand in front of international law to prevent the prosecution of its soldiers or its officials or ordinary citizens , who have committed crimes against humanity or war crimes. But it’s not only in this area; Many countries see that the prosecution of their citizens at the international level is a violation of its sovereignty, and reserves the right to prosecute any of them, those who committed any of these international crimes , although many legal systems, national criminal does not contain rules designed to prosecute such criminals , which basically did not receive international conventions on international humanitarian law within the national legal system . He notes clearly the delay in receiving these agreements by most national legal systems, which hinders any trend in these countries are actually prosecute its citizens who have committed international crimes is considered a violation of international humanitarian law or international law of human rights.

Apartheid and the state of Palestine

As نفرد a special chapter on the system of racial , and between that if apartheid had ended in his native South Africa, but he has been a model for Israel’s practices against the Palestinian people, these practices, which take a lot which was prevalent in South Africa to be applied in Palestine against the Palestinian people in the occupied territories and in Israel against the Palestinians who hold Israeli citizenship. As well as to overload them by decree , taxes and fines , restrictions and prohibition of all kinds , the Palestinian population at risk as well as to the means designed to intimidate . The weapons used in this area include collective punishment ( curfews , blow up houses , mass arrests ) , and investigations involving the brutal treatment and torture, prolonged detention without trial . All this constitutes a flagrant violation of the norms of international humanitarian law , and constitutes a grave breach of the Fourth Geneva Convention for the Protection of Civilian Persons in Time of War of 1949 , which is essentially a kind of racial discrimination that is practiced through apartheid. Either in the prosecution of international anti- apartheid Israeli there are double standards weaken the possibility of hold Israel accountable for its actions that are systematic discrimination and apartheid. The real problem at the local level faced by organizations defending human rights in Israel is that the judicial system which is supposed to maintain law and imposed on everyone without distinction , is working to give legitimacy to torture , and on Israel to cease these practices. According to the Wall path and the accompanying system , infringes a number of rights of Palestinians residing in the occupied territories by Israel , these infringements resulting from the route of the wall can not be justified by military requirements or the requirements of national security or public order. On this basis, a construction of the wall breaches by Israel of many of the obligations covered under international humanitarian law, existing human rights mechanisms. And talk about the exercise of an Israeli apartheid or & artshow-99-111527.htm # 171; apartheid » Israeli , not just an allegation , it is the facts on the ground is being practiced daily methodically, and we can in this context that we use certificates broad spectrum of politicians and intellectuals in the world, and even in Israel, describe these practices as & artshow-99-111527.htm # 171; apartheid » Israeli. Among those Israelis Meron Benvenisti and عميرا Haas and Ami Ayalon and Shulamit Aloni , the latter was secretary of education, was also a leader of the Meretz Party , says verbatim as follows : & artshow-99-111527.htm # 171; The State of Israel is practicing apartheid own , and violently against Palestinian population » .He continued : & artshow-99-111527.htm # 171; we’ve established an apartheid regime in the occupied territories once occupied .

Not only comparison between apartheid Israel and apartheid South Africa on the intellectuals and Israeli politicians , but that many of the thinkers of the world and intellectuals had described Israeli practices as apartheid New, and within these Desmond Tutu, Archbishop of South Africa , who was one of the leaders of the struggle against apartheid there, and Nobel Prize Nobel Peace Prize , Jimmy Carter , former President of the United States of America, and Brzezinski, a former adviser to the national security in the United States , as well as international organizations and bodies . was Carter, former U.S. president , has written a book in 2006 entitled : & artshow-99-111527.htm # 171; Palestine: Peace not apartheid » , and although the book does not mention the expansion of the Israeli practices against the Palestinians , but it caused an uproar global , and tried to groups pro-Israel prevented him from publishing and distribution, Harepetth accused Carter of anti-Semitism ! The American writer Jonathan Cook Ferry & artshow-99 -111527.htm # 171; that the construction of the wall result leads to prevent the establishment of a Palestinian state viable . has been recognized by the international Court of Justice advisory opinion , which came to vote almost unanimously , so it only objected to U.S. District Judge in the court of the 15 judges are members of the Court . In its judgment the first court decided that the construction of the wall & artshow-99-111527.htm # 171; in the occupied Palestinian territory , including East Jerusalem, and comprehensive systems associated with it , is contrary to international law » . At the judgment the second , the Court decided that & artshow- 99-111527.htm # 171; Israel is obliged to end all violations of international law, the obligation to stop the construction of the wall being built in the Occupied Palestinian Territory , including East Jerusalem », and dismantle what has been built , and the abolition of the legal structure you have set for this purpose  .Finally, in its fourth , the Court decided that all States work to put pressure on Israel to comply with the rules of international law and refrain from violating , but between the court’s decision and implementation chasm vast resulting mainly from the U.S. support for Israel is biased and double standards to deal internationally.

Genocide

We recall the right to the status of genocide (in crimes against humanity, due to being known previously, in terms of the details of its corners , and attempts to determine the punishment to the perpetrators. That document Rome put this crime in the context of crimes against humanity, a crime independently of them ). Here it should be noted the Nornburg and Tokyo trials after the Second World War , where he underwent Nazi and fascist leaders on trial before the special courts established for this purpose . And it developed later with the Security Council resolutions that have established special courts to prosecute war criminals in Rwanda and Bosnia , Sierra Leone , to the attempt to circulate and regulate trial of leaders who are international crimes seriously , and this is the essence of the document Rome for the International Criminal Court .

In other words , it became heads of state accountable for their actions and their crimes more than the former. Often explain some critics base of national sovereignty , in an attempt to evade responsibility. And the importance of defining the concept of crimes against humanity, committed by the leaders of nations, lies in the possibility of prosecution away from invoking sovereignty. It is true that corner the basis of sovereignty in public international law as a whole, is also true , however , is the difficulty of committing international crimes under the title of sovereignty, especially that crimes against humanity may be committed against his ruler !

Accounting and peremptory norms

Also looking at accounting ( punishment ) and peremptory norms , launched from the fundamental human rights of non-derivable , a human life , body and dignity. And it was considered extermination and murder of the most important crimes against humanity. And refers to the standard as any crime as a crime against humanity , a recognition the international community , and as a contradiction of the human rights of non-derogable . The question arises here: Is the international rules that punish crimes against humanity are as peremptory norms , any binding rules for all? Multiple jurisprudence on this issue , including the linking of peremptory norms and international conventions , including those considered comprehensive human rights as well. And regardless of jurisprudence , the general international trend is moving towards considered peremptory international norms as far as the international community takes the concept of crimes against humanity, and the punishment thereof . Peremptory rules , and the presence or lack of it , is linked to the principle of inclusiveness . And as far as Rome document become generalized internationally binding on the states , as far as highlights of peremptory norms depending on the will of States . Here we must recognize the existence of gaps in this regard , notably with regard to the United States of America , which pulled signing the document Rome of the International Criminal Court . But proceeded to conclude bilateral agreements with dozens of countries to prevent the prosecution of U.S. officials for any crimes committed outside U.S. territory . This disclaimer of international responsibility , and weakening of the principle of inclusiveness . Stopping at the phenomenon of ( the State of Israel ), it is clear from a purely legal standpoint . There is a consistent approach in the torture of Palestinian people and individuals. And a new apartheid Israeli apartheid . Suffice Here’s hoping the apartheid wall in the West Bank , and gives an advisory opinion by the International Court of Justice in The Hague over the historic document , perhaps the most important in the history of the question of Palestine and the Arab – Israeli conflict . , And when considering the case of enforced disappearances, jump to mind graves numbers, and secret prisons . There deportation and forcible deportation in the Palestinian case , the organization continued Zionist transfer .

Dr. Mahmoud Al –Shammari

International crimes – Arab Center for Human Rights and International Peace

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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