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responsible for crimes they committed if they were in a mental state in which they were unable to distinguish between right and wrong. Bearing in mind that the medicines and technologies associated with the development of super soldiers aim to alter soldiers’ psychological faculties, we could ultimately create a situation where war crimes might be unpunished. A second potential legal problem attached to capacity-increasing technologies
prosecution of American interrogators for war crimes, especially in the light of some of the practices engaged in against both Afghan and Iraqi prisoners at Abu Ghraib 10 and Guanatamo Bay. Any unilateral rejection of the provision, or for that matter if it were amended in the way he advocated, would enable any country to disregard its application, even against US captives. The
of the commonplace as in the story ‘Ultra-Violet Light’ in which the narrator describes his mother as being ‘amused by novelties: foaming soap pads, oriental games with indecipherable characters, bird baths with unusual characteristics, plans for tourism involving apples’ ( War Crimes , 156). Although the exploration of ideas tends to dominate, the stories are not lacking in characterisation. Indeed, Carey became ‘more and more interested in the characters’, 7 particularly the longer stories such as ‘The Fat Man in History’, ‘War Crimes’ or ‘The Chance’, where the
political and nationalist projects of their respective civilian regimes, and often deeply politicised. Many were implicated in war crimes while others became corrupt and criminalised. As a consequence, the role of the security sector – and the question of security sector reform – loomed large in all ensuing attempts at peacebuilding and democratisation. States in the region were faced with incorporating
is an area which has seen considerable recent developments and the first prosecutions for child recruitment are presently proceeding before the Special Court for Sierra Leone. 2 It will be argued that child recruitment is not only a war crime but in some cases can also constitute a crime against humanity. Chapter 9 then considers the issue of the criminal responsibility of child soldiers themselves for international crimes. Child soldiers are
, anger, and many other similar emotions that have contributed to the perpetration of war crimes in the past. It is possible to argue that this type of technology might play a positive role in the ethics of warfare by limiting the risk of such atrocities being committed. However, these ethical outcomes cannot alone justify their use, because capacity-increasing technologies can also lead to moral drift, such as treating humans as mere
generis rule – that would encompass only acts beyond a certain level of seriousness.12 It may indeed be that, although Arendt and others following her have criticized a notion of 10 11 12 Arendt, Eichmann in Jerusalem, p. 275. See Mark R. von Sternberg, ‘A Comparison of the Yugoslavian and Rwandan War Crimes Tribunals: Universal Jurisdiction and the “Elementary Dictates of Humanity”’, Brooklyn Journal of International Law 22 (1996), 111–56, at p. 114; Bing Bing Jia, ‘The Differing Concepts of War Crimes and Crimes Against Humanity in International Criminal Law’, in
voiceover stating: ‘Let the record show that the Security Council has unanimously commanded that President Edmond Zuwanie of Matobo be tried in the International Criminal Court in The Hague for crimes against humanity.’ A similar sense of victory comes out in Hunt for Justice, a TV movie portraying Louise Arbour as the chief prosecutor at the International Criminal Tribunal for Former Yugoslavia (ICTY), especially when she finally succeeds in having President Slobodan Milosevic indicted for crimes against humanity and war crimes, leading to his arrest and transfer to
The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).
force to prevent genocide, and the responsibility of developed countries to contribute to peace operations in order to facilitate rapid deployment. At the same time as it adopted the Declaration, CERD considered the specific case of Darfur. Summary records of the Committee suggest it was divided about the legal description of the atrocities.6 Its decision on Darfur, adopted only weeks after presentation of the report of the United Nations Commission of Inquiry commissioned by the Security Council,7 spoke of ‘war crimes, crimes against humanity and the risk of genocide