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Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage.
Crimes against humanity are certain acts that are purposefully committed by a state, or on behalf of a state, as part of a widespread or systematic policy, typically directed against civilians, in times of war or peace. The violent nature of such acts are considered a severe breaching of human rights, hence the name. They differ from war crimes because they are not isolated acts committed by individual soldiers but are acts committed in furtherance of a state or organizational policy. The first prosecution for crimes against humanity took place at the Nuremberg trials. Initially being considered for legal use, widely in international law, following the Holocaust a global standard of human rights was articulated in the Universal Declaration of Human Rights (1948). Political groups or states that violate or incite violation of human rights norms, as found in the Declaration, are an expression of the political pathologies associated with crimes against humanity.
Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.
The United States Attorney for the Northern District of California is the United States Attorney responsible for representing the federal government in the United States District Court for the Northern District of California.
The Bureau of Diplomatic Security, commonly known as Diplomatic Security (DS), is the security branch of the United States Department of State. It conducts international investigations, threat analysis, cyber security, counterterrorism, and protection of people, property, and information. Its mission is to provide a safe and secure environment for officials to execute the foreign policy of the United States.
Physicians for Human Rights (PHR) is a US-based not-for-profit human rights NGO that uses medicine and science to document and advocate against mass atrocities and severe human rights violations around the world. PHR headquarters are in New York City, with offices in Boston and Washington, D.C. It was established in 1986 to use the unique skills and credibility of health professionals to advocate for persecuted health workers, prevent torture, document mass atrocities, and hold those who violate human rights accountable.
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.
The United States Department of Justice Criminal Division is a federal agency of the United States Department of Justice that develops, enforces, and supervises the application of all federal criminal laws in the United States. Criminal Division attorneys prosecute many nationally significant cases and formulate and implement criminal enforcement policy. Division attorneys also provide advice and guidance to the Attorney General of the United States, the United States Congress, and the White House on matters of criminal law. The Division was founded in 1919.
Command responsibility, also called superior responsibility, the Yamashita standard, or the Medina standard, is the legal doctrine of hierarchical accountability for war crimes. At its core, the doctrine stipulates that a superior, defined as a military commander or a civilian leader, can be held responsible for war crimes committed by subordinates. The command responsibility doctrine has been leveraged in various international tribunals to hold military and civilian leaders accountable for war crimes.
Transitional justice is a process which responds to massive human rights violations through judicial redress, political reforms in a region or country, and other measures in order to prevent the recurrence of human rights abuse. Transitional justice consists of judicial and non-judicial measures implemented in order to redress legacies of human rights abuses. Such measures "include criminal prosecutions, truth commissions, reparations programs, and various kinds of institutional reforms". Transitional justice is instituted at a point of political transition classically from war to positive peace, or more broadly from violence and repression to societal stability and it is informed by a society’s desire to rebuild social trust, reestablish what is right from what is wrong, repair a fractured justice system, and build a democratic system of governance. The core value of transitional justice is the very notion of justice—which does not necessarily mean criminal justice. This notion and the political transformation, such as regime change or transition from conflict are thus linked to a more peaceful, certain, and democratic future.
Impunity means "exemption from punishment or loss or escape from fines". In the international law of human rights, it refers to the failure to bring perpetrators of human rights violations to justice and, as such, itself constitutes a denial of the victims' right to justice and redress. Impunity is especially common in countries that lack a tradition of the rule of law, suffer from corruption or that have entrenched systems of patronage, or where the judiciary is weak or members of the security forces are protected by special jurisdictions or immunities. Impunity is sometimes considered a form of denialism of historical crimes.
Karim Asad Ahmad Khan KC is a British lawyer and specialist in international criminal law and international human rights law who has served as Prosecutor of the International Criminal Court since 2021.
The International Commission of Inquiry on Darfur was established pursuant to United Nations Security Council Resolution 1564 (2004), adopted on 18 September 2004. The resolution, passed under Chapter VII of the United Nations Charter, urged the Secretary-General to set up an international commission to investigate human rights violations committed in Darfur. The following month, the Secretary-General appointed a five-member panel of highly regarded legal experts: chairperson Antonio Cassese, Mohammed Fayek, Hina Jilani, Dumisa Ntsebeza and Thérèse Striggner Scott.
Stephen J. Rapp is an American lawyer and the former United States Ambassador-at-Large for War Crimes Issues in the Office of Global Criminal Justice.
The Center for Justice and Accountability (CJA) is a US non-profit international human rights organization based in San Francisco, California. Founded in 1998, CJA represents survivors of torture and other grave human rights abuses in cases against individual rights violators before U.S. and Spanish courts. CJA has pioneered the use of civil litigation in the United States as a means of redress for survivors from around the world.
The United States government holds tens of thousands of immigrants in detention under the control of Customs and Border Protection and the Immigration and Customs Enforcement (ICE). Immigrants are detained for unlawful entry to the United States, when their claims for asylum are received, and in the process of deportation and removal from the country. During Fiscal Year 2018, 396,448 people were booked into ICE custody: 242,778 of whom were detained by CBP and 153,670 by ICE's own enforcement operations. A daily average of 42,188 immigrants were held by ICE in that year. In addition, over twelve thousand immigrant children are housed by facilities under the supervision of the Office of Refugee Resettlement's program for Unaccompanied Alien Children. Prior to referral to these other agencies, the CBP holds immigrants at processing centers; between mid-May and mid-June 2019, it held between 14,000 and 18,000 immigrants.
Prosecution of gender-targeted crimes is the legal proceedings to prosecute crimes such as rape and domestic violence. The earliest documented prosecution of gender-based/targeted crimes is from 1474 when Sir Peter von Hagenbach was convicted for rapes committed by his troops. However, the trial was only successful in indicting Sir von Hagenbach with the charge of rape because the war in which the rapes occurred was "undeclared" and thus the rapes were considered illegal only because of this. Gender-targeted crimes continued to be prosecuted, but it was not until after World War II when an international criminal tribunal – the International Military Tribunal for the Far East – were officers charged for being responsible of the gender-targeted crimes and other crimes against humanity. Despite the various rape charges, the Charter of the Tokyo Tribunal did not make references to rape, and rape was considered as subordinate to other war crimes. This is also the situation for other tribunals that followed, but with the establishments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), there was more attention to the prosecution of gender-targeted crimes with each of the statutes explicitly referring to rape and other forms of gender-targeted violence.
The Republic of Uruguay is located in South America, between Argentina, Brazil and the South Atlantic Ocean, with a population of 3,332,972. Uruguay gained independence and sovereignty from Spain in 1828 and has full control over its internal and external affairs. From 1973-85 Uruguay was governed by a civil-military dictatorship which committed numerous human rights abuses.
Almudena Bernabeu is an international attorney, writer and co-founder and director of Guernica37 International Justice Chambers, Almudena Bernabeu was the director of the Transitional Justice Program at the Center for Justice and Accountability (CJA) until 2017. She is the winner of the 2015 Letelier-Moffitt Human Rights Award.
Agnes Reeves Taylor, ex-wife of former Liberian President Charles Taylor, was born on 27 September 1965 in Liberia. On 2 June 2017, she was arrested in London by the Metropolitan Police and charged with torture on the grounds of her suspected involvement with the National Patriotic Front of Liberia (NFPL) rebel group, which was led by her ex-husband, during the First Liberian Civil War, from 1989 to 1996.
References
- ↑ "International Aspects Of Criminal Immigration Enforcement". Immigration Daily. Retrieved September 28, 2008.
- ↑ "Genocide and the Rule of Law. Before the Subcommittee on Human Rights and the Law". Senate Judiciary Committee. Retrieved December 15, 2007.[ permanent dead link ]
- ↑ "No Safe Haven: Accountability for Human Rights Violators in the United States. Before the Subcommittee on Human Rights and the Law". Senate Judiciary Committee. Archived from the original on February 28, 2008. Retrieved December 25, 2007.
- "From Nuremberg to Darfur: Accountability for Crimes Against Humanity". Human Rights Watch. Retrieved October 4, 2008. - ↑ "John Morton to Lead Immigration and Customs Enforcement" . Retrieved February 23, 2008.
- ↑ "Taylor Jr. to stand trial on charges of torture abroad". CNN. September 27, 2008. Retrieved September 28, 2008.
- "First Prosecution in the United States for Torture Committed Abroad" (PDF). Human Rights Watch. Retrieved October 4, 2008. - ↑ "Series of Errors Doomed Stevens Prosecution". ALM Law. Retrieved April 6, 2009.[ dead link ]