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Genocide Convention
The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was the first legal instrument to codify genocide as a crime and the first human rights treaty unanimously adopted by the United Nations General Assembly on 9 December 1948, during the third session of the United Nations General Assembly. The Convention entered into force on 12 January 1951 and has 153 state parties . The Genocide Convention was conceived largely in response to World War II, which saw atrocities such as the Holocaust that lacked an adequate description or legal definition. Polish-Jewish lawyer Raphael Lemkin, who had coined the term genocide in 1944 to describe Nazi policies in occupied Europe and the Armenian genocide, campaigned for its recognition as a crime under international law. Lemkin also linked colonialism w ...
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List Of Parties To The Genocide Convention
A list is a set of discrete items of information collected and set forth in some format for utility, entertainment, or other purposes. A list may be memorialized in any number of ways, including existing only in the mind of the list-maker, but lists are frequently written down on paper, or maintained electronically. Lists are "most frequently a tool", and "one does not ''read'' but only ''uses'' a list: one looks up the relevant information in it, but usually does not need to deal with it as a whole". Lucie Doležalová,The Potential and Limitations of Studying Lists, in Lucie Doležalová, ed., ''The Charm of a List: From the Sumerians to Computerised Data Processing'' (2009). Purpose It has been observed that, with a few exceptions, "the scholarship on lists remains fragmented". David Wallechinsky, a co-author of '' The Book of Lists'', described the attraction of lists as being "because we live in an era of overstimulation, especially in terms of information, and lists help ...
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International Criminal Law
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. Classical international law governs the relationships, rights, and state responsibility, responsibilities of states. After World War II, the Charter of the International Military Tribunal and the following Nuremberg trial revolutionized international law by applying its prohibitions directly to individuals, in this case the defeated leaders of Nazi Germany, thus inventing international criminal law. After being dormant for decades, international criminal law was revived in the 1990s to address the war crimes in the Yugoslav Wars and the Rwandan genocide, leading to the establishment of a permanent International Crimi ...
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Direct And Public Incitement To Commit Genocide
Direct may refer to: Mathematics * Directed set, in order theory * Direct limit of (pre), sheaves * Direct sum of modules In abstract algebra, the direct sum is a construction which combines several modules into a new, larger module. The direct sum of modules is the smallest module which contains the given modules as submodules with no "unnecessary" constraints, m ..., a construction in abstract algebra which combines several vector spaces Computing * Direct access (other), a method of accessing data in a database * Direct connect (other), various methods of telecommunications and computer networking * Direct memory access, access to memory by hardware subsystems independently of the CPU Entertainment * ''Direct'' (Tower of Power album) * ''Direct'' (Vangelis album) * ''Direct'' (EP), by The 77s Other uses * Direct (music symbol), a music symbol used in music notation that is similar to a catchword in literature * Nintendo Direct, an onli ...
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Conspiracy (criminal)
In criminal law, a conspiracy is an agreement between two or more people to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement to constitute an offense. There is no limit to the number participating in the conspiracy, and in most countries the plan itself is the crime, so there is no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offense). For the purposes of concurrence, the ''actus reus'' is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability (unless, in some cases, it occurs ''before'' the parties have committed overt acts) but may reduce their sentence. An unindicted co-c ...
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Genocide
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by means such as "the disintegration of [its] political and social institutions, of [its] cultural genocide, culture, linguicide, language, national feelings, religious persecution, religion, and [its] economic existence". During the struggle to ratify the Genocide Convention, powerful countries restricted Lemkin's definition to exclude their own actions from being classified as genocide, ultimately limiting it to any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group". While there are many scholarly Genocide definitions, definitions of genocide, almost all international bodies of law officially adjudicate the crime of genocide pursuant to the Genocide Convention. Genocide has ...
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Genocidal Intent
Genocidal intent is the specific mental element, or , required to classify an act as genocide under international law, particularly the 1948 Genocide Convention. To establish genocide, perpetrators must be shown to have had the '' dolus specialis'', or specific intent, to destroy a particular national, ethnic, racial, or religious group, in whole or in part. Unlike broader war crimes or crimes against humanity, genocidal intent necessitates a deliberate aim to eliminate the targeted group rather than merely displace or harm its members. The concept of genocidal intent is complex and has spurred significant legal debate, primarily due to the challenge of proving an individual’s intent to destroy a group without direct evidence. International criminal tribunals, such as those for Rwanda and the former Yugoslavia, have relied on circumstantial evidence to infer intent, considering the scale, systematic nature, and targeting patterns of atrocities. Legal standards for genocidal ...
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Ukraine V
Ukraine is a country in Eastern Europe. It is the List of European countries by area, second-largest country in Europe after Russia, which Russia–Ukraine border, borders it to the east and northeast. Ukraine also borders Belarus to the north; Poland and Slovakia to the west; Hungary, Romania and Moldova to the southwest; and the Black Sea and the Sea of Azov to the south and southeast. Kyiv is the nation's capital and List of cities in Ukraine, largest city, followed by Kharkiv, Odesa, and Dnipro. Ukraine's official language is Ukrainian language, Ukrainian. Humans have inhabited Ukraine since 32,000 BC. During the Middle Ages, it was the site of early Slavs, early Slavic expansion and later became a key centre of East Slavs, East Slavic culture under the state of Kievan Rus', which emerged in the 9th century. Kievan Rus' became the largest and most powerful realm in Europe in the 10th and 11th centuries, but gradually disintegrated into rival regional powers before being d ...
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Rohingya Genocide Case
The ''Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar)'', commonly referred to as the Rohingya genocide case, is a case which is currently being heard by the International Court of Justice (ICJ). The case was brought forward by the Republic of The Gambia, on behalf of 57 members of the Organisation of Islamic Cooperation in 2019. Background The Rohingya people are a Muslim Indo-Aryan ethnic minority which has faced mass persecution and ethnic cleansing in Buddhist-majority Myanmar in recent years. The persecution of the Rohingya has been described as a genocide. Successive Myanmar governments and many elected officials have considered them illegal immigrants. But the Rohingya people argue they have lived in the area for generations and that the government of Myanmar's treatment of them is unfair to the Muslims of Myanmar as a whole. According to ''The Economist'', regarding Aung San Suu Kyi's motivation for ...
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Derogation
Derogation is a legal term of art, which allows for part or all of a provision in a legal measure to be applied differently, or not at all, in certain cases. European Foundation for the Improvement of Living and Working ConditionsDerogation published 11 March 2007, accessed 14 December 2023 The term is also used in Catholic canon law,Manual of Canon Law, pg. 69 and in this context differs from dispensation in that it applies to the law, whereas dispensation applies to specific people affected by the law. Definitions Black's Law Dictionary defines derogation as "the partial repeal or abolishing of a law, as by a subsequent act which limits its scope or impairs its utility and force". It is sometimes used, loosely, to mean abrogation, as in the legal maxim ''lex posterior derogat priori'' ("a subsequent law derogates the previous one"). According to ''West's Encyclopedia of American Law'', derogation "implies the taking away of only some part of a law", or it is a "partial repea ...
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Peremptory Norm
A peremptory norm (also called ) is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted. There is no universal agreement regarding precisely which norms are ''jus cogens'' nor how a norm reaches that status, but it is generally accepted that ''jus cogens'' bans genocide, maritime piracy, enslaving in general (i.e. slavery as well as slave trade), wars of aggression and territorial aggrandizement, and generally as well torture, and refoulement. Status of peremptory norms under international law Unlike ordinary customary law, which has traditionally required consent and allows the alteration of its obligations between states through treaties, peremptory norms may not be violated by any state "through international treaties or local or special customs or even general customary rules not endowed with the same normative force".''Prosecutor v. Furundžija'', International Cri ...
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International Court Of Justice
The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, international legal issues as interpretation of international treaties, borders disputes and human rights cases. It is one of the United Nations System#Six principal organs, six organs of the United Nations (UN), and is located in The Hague, Netherlands. The ability to file a case before the ICJ is limited exclusively to recognized governments of states. The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. After the World War II, Second World War, the League and the PCIJ were replaced by the United Nations and ICJ, respectively. The Statute of the ICJ, which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid ...
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Customary Law
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity ('' opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see '' hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolution (if any) in the judicial ...
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