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Summary Class notes for crimes through the ages (BRD205)
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JJ2023BRD205NOTESBRD205: CRIME THROUGH THE
AGES
Definitions:
Crime: behaviours (acts or omissions or intention to act) which have been classified by the
state as criminal
Criminal law: deals with individual person, mainly deals with prohibitions addressed to
individuals which if violated would be punished by the state
Civil law: has a plaintiff and a defendant, damages or an order (fulfil actions promised)
International law: branch of law that governs the rights and responsibilities of states
International Criminal Law:
ICL is a set of international rules which prohibit:
- Certain categories of conduct and makes those people who engage in such conducts
liable - Allows or obligates states to punish such conducts
- Regulates proceedings of such crimes before international criminal courts - Victims
rights
Atavistic characteristics
- Smaller skulls with marked deformities
- Physically taller and heavier
- Darker skin, eyes and hair
- Large ears
- Protruding jaws
- Impaired muscular strength
- Lower sensitivity to pain (physical and emotional)
International Crimes:
1. War Crimes
2. Crimes against humanity
3. Genocide
4. Torture and aggression
War Crimes:
‘Serious violation’ of customary or treaty rules which belong to the body of IHL (the laws and
customs of war) of armed conflict:
- People not taking part in armed conflict
- Places
, JJ2023BRD205NOTES
- Means
- Specially protected people
- Using protected signs
- Children under 15
Crimes Against Humanity:
- Always been an international crime
- Victims are ‘all’ of the human race
- Origin of crimes against humanity:
● 1915- Armenians and the Ottoman empire -> crimes against Christianity and
civilization
● WWII and crimes against German civilians by the Nazis
● 1945 and persecution for political or racial misconduct, London agreed to
bring to
● trail those guilty of crimes against humanity -> nexus with crimes against
peace (war crimes), includes acts against human dignity
Characteristics of Crimes Against Humanity:
1. ‘Odious offences’ – attack on human dignity/grave humiliation, degradation
2. Widespread or systematic- not necessarily same offence
3. Can take place in time of war or peace – 1945 at time of armed conflict
4. Against civilians – under ‘customary intl. law’ against enemy combatants
Authors and Victims – who commits CAH?
- Government authorities, civilians – authors
- Any civilian population – victims:
● Also, of allied countries
● Previously excluded military but gradually expanded
CAH – Objective Elements:
1. Murder
2. Extermination – includes terrorist attacks
3. Enslavement
4. Deportation or forcible transfer of population by force or other coercive acts
5. Imprisonment or other sever deprivation of physical liberty
6. Torture – infliction of pain or suffering in the custody or under the control of the
accused
7. Sexual violence:
- Rape – physical invasion, sexual manner, force o Sexual slavery o Enforced
prostitution
- Forced pregnancy
- Enforced sterilisation
- Other
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