POL340Y1 Final: All Treaty Summaries - FINAL EXAM!

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University of Toronto St. George
Political Science
Gerard J Kennedy

Treaty Summaries Text Treaty The Statue of the International Criminal Tribunal for the former Yugoslavia 1993 Genesis: The status of these ad hoc tribunals negotiated within the Security Council is more detailed than those of the International Military Tribunals. The Status impose specific obligations of assistance and cooperation on states. For the ICTY, the definition of genocide was taken from the 1948 Genocide Convention, and the definition of war crimes was taken from the 1949 Geneva Conventions. Article 1 Competence of the International Tribunal The International Tribunal shall have the power to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991 in accordance with the provisions of the present Statute. Article 2 Grave breaches of the Geneva Conventions of 1949 The International Tribunal shall have the power to prosecute persons committing or ordering to be committed grave breaches of the Geneva Conventions of 12 August 1949, namely the following acts against persons or property protected under the provisions of the relevant Geneva Convention: (a) wilful killing; (b) torture or inhuman treatment, including biological experiments; (c) wilfully causing great suffering or serious injury to body or health; (d) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; (e) compelling a prisoner of war or a civilian to serve in the forces of a hostile power; (f) wilfully depriving a prisoner of war or a civilian of the rights of fair and regular trial; (g) unlawful deportation or transfer or unlawful confinement of a civilian; (h) taking civilians as hostages. Article 3 Violations of the laws or customs of war The International Tribunal shall have the power to prosecute persons violating the laws or customs of war. Such violations shall include, but not be limited to: (a) employment of poisonous weapons or other weapons calculated to cause unnecessary suffering; (b) wanton destruction of cities, towns or villages, or devastation not justified by military necessity; (c) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or buildings; (d) seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science; (e) plunder of public or private property. Article 4 Genocide 1. The International Tribunal shall have the power to prosecute persons committing genocide as defined in paragraph 2 of this article or of committing any of the other acts enumerated in paragraph 3 of this article. 2. Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: 5 (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) imposing measures intended to prevent births within the group; (e) forcibly transferring children of the group to another group. 3. The following acts shall be punishable: (a) genocide; (b) conspiracy to commit genocide; (c) direct and public incitement to commit genocide; (d) attempt to commit genocide; (e) complicity in genocide. Article 5 Crimes against humanity The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict, whether international or internal in character, and directed against any civilian population: (a) murder; (b) extermination; (c) enslavement; (d) deportation; (e) imprisonment; (f) torture; (g) rape; (h) persecutions on political, racial and religious grounds; (i) other inhumane acts. Article 6 Personal jurisdiction The International Tribunal shall have jurisdiction over natural persons pursuant to the provisions of the present Statute. Article 7 Individual criminal responsibility 1. A person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in articles 2 to 5 of the present Statute, shall be individually responsible for the crime. 2. The official position of any accused person, whether as Head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsibility nor mitigate punishment. 3. The fact that any of the acts referred to in articles 2 to 5 of the present Statute was committed by a subordinate does not relieve his superior of criminal responsibility if he knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof. 4. The fact that an accused person acted pursuant to an order of a Government or of a superior shall not relieve him of criminal responsibility, but may be considered in mitigation of punishment if the International Tribunal determines that justice so requires. Article 8 Territorial and temporal jurisdiction The territorial jurisdiction of the International Tribunal shall extend to the territory of the former Socialist Federal Republic of Yugoslavia, including its land surface, airspace and territorial waters. The temporal jurisdiction of the International Tribunal shall extend to a period beginning on 1 January 1991. 6 Article 9 Concurrent jurisdiction 1. The International Tribunal and national courts shall have concurrent jurisdiction to prosecute persons for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1 January 1991. 2. The International Tribunal shall have primacy over national courts. At any stage of the procedure, the International Tribunal may formally request national courts to defer to the competence of the International Tribunal in accordance with the present Statute and the Rules of Procedure and Evidence of the International Tribunal. We see here that Vienna Convention on Diplomatic Relations Articles contributed by Hesam W Article 2: mutual consent is needed to establish diplomatic relations Article 3: Diplomatic mission consist – representing the sending state, protecting the interests of the state and its nationals, negotiating with the state it is residing in, reporting on conditions in the residing state, promoting friendly relations Article 9: the receiving state may declare a diplomat personae non grata – must recall the person, if the diplomat is not removed in time then the state can refuse to recognize him as a member of the mission and thus has no diplomatic immunity Article 22: premises are inviolable, do not enter except with consent, the state must take every action to protect the premise, their property is theirs and cannot be taken by the state Article 23: State and head of mission are exempt from local taxes Article 24: documents are inviolable Article 25: the residing state must provide full facilities for the mission to do its work Article 26: the mission members should have freedom of movement Article 27: permit and protect free communication on the part of the mission for all official purposes – wireless transmitters are only allowed based on consent- official correspondence is inviolable – diplomatic bag shall not be opened or detained Article 29: person is inviolable, no arrest or detention, treat him with all respect to prevent an attack on his person, freedom, or dignity Article 30: private residence is same level of inviolability and protection as the premises of the mission – so too his papers and documents Article 31: diplomatic agent enjoys immunity from the criminal jurisdiction of the state residing, and civil and administrative except a) action against immovable property b) private personage succession c) professional or commercial outside official functions… need not give evidence as witness, immunity of receiving does not mean the sending state does not jurisdiction Article 32: sending state can waive immunity, must express it, he waives it if he makes a civil claim, waiver to be involved in civil proceedings is separate from waiver to execute the judgment Article 34: no dues, taxes should the diplomat pay – Except, inheritance, indirect, property tax, services, registration, mortgage, Article 35: no military obligations or public service obligations Article 36: storage/customs waived – or any customs duties Article 37: Family enjoys immunity too Article 39: moment you enter to take up post or if you are in the territory when u are notified you get immunity… when u leave the country your immunity ceases or if u stay for a long time after removal Article 41: respect laws even with immunity, premises of mission cannot be used in a matter incompatible Article 43: notification of state brings to end the diplomat’s function Article 44: armed conflict: grant ability for diplomats to leave unharmed Article 45: armed conflict you must respect, property to third state, protect interests of the receiving state. Customary law on state immunity… Contribution by Hesam W UN Convention on Jurisdictional Immunitie
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