tag:blogger.com,1999:blog-4605495417463810012.post3869615102571082826..comments2024-03-06T10:16:40.696+00:00Comments on PhD studies in human rights: Crimes Against Humanity in Norway?William A. Schabashttp://www.blogger.com/profile/17552332133145290879noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-4605495417463810012.post-13209892684183699032011-09-28T02:38:15.790+01:002011-09-28T02:38:15.790+01:00I believe the submission in the Kunerac case was c...I believe the submission in the Kunerac case was concerned whether the requirement of "pursuant to State or Organizational policy" should stand in prosecution of a crime committed before the Rome Statute had come into force. Provided the objectives of the Rome Statute is to prosecute crimes shocking the conscience of human, crimes of international concerns, and the express requirement for state or organizational participation, this element stands firm, and cannot be shaken in any court in the future.Daphnehttps://www.blogger.com/profile/09110352997078733359noreply@blogger.comtag:blogger.com,1999:blog-4605495417463810012.post-48525313114879143202011-09-23T15:09:26.195+01:002011-09-23T15:09:26.195+01:00I recently researched the policy requirement in cr...I recently researched the policy requirement in crimes against humanity which led me to your blog. I believe it is not so clear-cut whether Breivik should be charged with crimes against humanity. I want to explain something about the Norwegian penal code on this specific matter. As pointed out by some others here in the comment field, the implementation of crimes against humanity in the Norwegian penal code does not include the "policy" requirement. It is true that the international crimes provisions are in general based on the definitions given by the Rome Statute, but it was taken a decision to deviate from the Rome statute on this point.<br /><br />According to the Norwegian Prepatory Work (Ot.prp. nr. 8, 2007-2008) it was sent out as a question on hearing to relevant bodies in Norway whether the provision should include the "policy" requirement or not. After hearing the different views, the lawmakers decided to leave it out because they believed the policy requirement in the Rome statute does not express international customary law and is only included in the Rome statute as a result of a diplomatic compromise. (this can of course be questioned if is correct understanding of customary international law, but nevertheless this was the lawmaker’s interpretation). They referred to ICTY and ICTR statutes which does not include this element and the case-law which specifically has rejected the requirement and decided that in the instances where the Rome Statute has a more narrow interpretation of the international crimes, Norway wants to follow the more wide interpretation.<br /><br />When it was a specific consideration by Norwegian law makers in implementing crimes against humanity in our penal code to leave out the policy requirement, do you still think that this requirement should pose an obstacle to charge Breivik for crimes against humanity? It has a clear advantage to get a judgment on crimes against humanity, since it has a range of sentencing up to 30 years instead of the usual 21 years maximum for murder. Besides, it also gives a better classification of the crime, since it is the most horrible and shocking crime in Norwegian history in peace time and judging by the international attention as well, Breivik’s crimes “deeply shock the conscience of humanity” and fit in the category of “the most serious crimes”.<br /><br />Best Regards,<br />Ann-Ida Ostensen<br />Norwegian Law student and LL.M in Public International Law.Ann-Ida Ostensenhttps://www.blogger.com/profile/00448127353737561331noreply@blogger.comtag:blogger.com,1999:blog-4605495417463810012.post-58755658646673628792011-08-03T20:22:41.212+01:002011-08-03T20:22:41.212+01:00MC makes an adequate observation that the policy e...MC makes an adequate observation that the policy element is absent in the Norwegian legislation on crimes against humanity.<br /><br />I have also read the prepatory works on the abovementioned legislation and it does not mention the policy element at all.Mark Klamberghttps://www.blogger.com/profile/11882410684961184112noreply@blogger.comtag:blogger.com,1999:blog-4605495417463810012.post-83583861897478564892011-08-02T08:22:42.645+01:002011-08-02T08:22:42.645+01:00ES - yes, I tend to agree with you on the insanity...ES - yes, I tend to agree with you on the insanity point; it's not the conclusion I would reach based on the meticulousness planning of the massacre, etc and it would not bode well based on a policy point of view. In any case, as you say, it is not for us to judge, and I'm sure people will have their own opinions whatever happens.Markhttps://www.blogger.com/profile/13112722464463262830noreply@blogger.comtag:blogger.com,1999:blog-4605495417463810012.post-44193939395553192962011-07-27T09:36:27.979+01:002011-07-27T09:36:27.979+01:00I tend to think that the acts in Norway should not...I tend to think that the acts in Norway should not be qualified as crimes against humanity. I agree that such a qualification seems unnecessary and removed from the origins of crimes against humanity as crimes that need international involvement to be effectively addressed (because the state itself, or at least a state-like entity, is involved in their commission). Gladly, there is no doubt that the Norwegian judicial system will be able to deal with the accused. The higher maximum sentence for CAH alone does in my view not justify a departure from the ordinary domestic crimes even where (as MC suggests) it is technically possible to interpret the Norwegian legislation not to have a policy requirement for CAH. In any event, an interesting development.<br /><br />On the insanity issue: I am very sceptical that it is so obvious that Breivik will be adjudged insane. His gruesome acts are so outrageous that they are, indeed, insane in the colloquial sense of the term. But that doesn't mean the perpetrator will necessarily be deemed insane in the medical sense of the term. Of course, it will be up to psychiatrist experts to examine that question, but at this stage, it is too easy and dangerous for "Europe" to conclude that the perpetrator was simply insane; relegating the debate about his political motivations and his connections to a wider rhetoric and network to a secondary role.Evelynehttps://www.blogger.com/profile/05259937926231656064noreply@blogger.comtag:blogger.com,1999:blog-4605495417463810012.post-78838582528535083422011-07-26T23:47:20.455+01:002011-07-26T23:47:20.455+01:00A quick browse through the National Implementing L...A quick browse through the National Implementing Legislation Database (available via the ICC website) reveals that Norway's legislation includes a "widespread or systematic attack against a civilian population" requirement, although it does not explicitly make reference to "State or organisational policy" (Penal Code, ch 16, s102). But there is no explicit rejection of the latter.<br /><br />Excluding the possibility of Norwegian courts reading the "policy" element into the definition, it does seem feasible that prosecution may occur under this heading (given especially the extensive premeditation, the broader goal of the massacre and the suggestion of additional "cells"), however much the crime was not designed for such circumstances. Bassiouni suggests, in his seminal book on the topic, that going down such a route will lead to the "serious problem" of <br />trivilialising the very notion of crimes against humanity. <br /><br />But I note that in your post you mention the main rationale behind "international criminalisation" to be impunity. Here that is simply not at issue as we are not talking about international law, or international procedure. The basis of invoking "crimes against humanity" becomes, rather, the seriousness of what has been done, and the complex, calculated design and purpose of the attacks.<br /><br />Although probably falling short of the Rome Statute's "State or organisational plan or policy", is there any scope for a broader definition at a purely domestic (specifically Norwegian) level, thereby allowing for a longer sentence? Arguably this approach would leave crimes against humanity's stricter definition intact as an international crime, triggering (where appropriate) the jurisdiction of the ICC. Or would this threaten to subvert the definition of the term across all jurisdictions - national and international?<br /><br />Of course, this is probably all academic (and I mean that in a good way!) as Breivik will in all likelihood be adjudged insane.Markhttps://www.blogger.com/profile/13112722464463262830noreply@blogger.comtag:blogger.com,1999:blog-4605495417463810012.post-30985320470983364332011-07-26T23:13:35.976+01:002011-07-26T23:13:35.976+01:00I hope you're having a great week! My name is ...I hope you're having a great week! My name is Harrison and I work with SnagFilms.com. We are an online library of over 2100 films, free for audiences to stream. I just wanted to let you know that a film that you may be very interested in, "Raindrops Over Rwanda", is now available for free streaming via this link: http://www.snagfilms.com/films/title/raindrops_over_rwanda/<br /><br />Please consider spreading the word about this film either on or through your website soon, because if enough people see it then WE WILL DONATE $50,000 to the Kigali Memorial Centre in Rwanda. There is an embeddable link on the linked page I've provided. Feel free to also email me back with any questions, and if you decide to use it so we can send it out through our network for cross promotion! <br /><br />Looking forward to working with you and helping a great cause!<br />HarrisonHarrisonSnaghttps://www.blogger.com/profile/05447362859871419206noreply@blogger.comtag:blogger.com,1999:blog-4605495417463810012.post-42084791844977286532011-07-26T13:57:19.504+01:002011-07-26T13:57:19.504+01:00At least International Law gets in the news.At least International Law gets in the news.mihai martoiu ticuhttps://www.blogger.com/profile/03362590592413694361noreply@blogger.com