Crime against international law: Difference between revisions

Browse history interactively

← Previous edit

Content deleted Content added

VisualWikitext

Inline

Latest revision as of 16:15, 3 April 2011

Redirect to:

International criminal law

@@ Line 1: / Line 1: @@
+#REDIRECT [[International criminal law]]
-{{Unreferenced|date=January 2010}}
-{{Criminal law}}
-A number of '''crimes against international law''' are created by [[treaty]] and convention. Some of these crimes are [[prosecution|prosecuted]] before international [[court]]s and [[tribunal]]s. But more difficult questions of [[jurisdiction]] arise when the issue is whether a person, [[natural person|natural]] or [[Juristic person|fictitious]], can be prosecuted for breach of [[public international law]] in the municipal courts of the [[state (law)|state]] in which an [[arrest]] is made.
-Zome beeble laaike going to bubs when zere iz war :D ... but zome beeble get mad when ozer beeble go to bubs :D
-==United States==
-===Natural and legal persons===
-Because the [[United States|U.S.]] courts do not subscribe to the doctrine of [[universal jurisdiction]], the relevant international law must have been incorporated directly into U.S. criminal law through [[United States Congress|Congress]]ional legislation. Congress has enacted [[statute]]s covering genocide, war crimes, torture, [[piracy]], [[slavery]], and [[trafficking in human beings|trafficking in women and children]] to meet the U.S. obligations under international agreements. If a criminal act is commenced in one U.S. state, but the defendant has fled, the first state must seek extradition and return for trial.
-Zome beeble do not laaike going to bubs when zere iz war.. bas zome beeble do.. ZE END
-==Canada==
-===Natural persons===
-In [[Canada]], the Crimes Against Humanity and War Crimes Act, S.C. 2000 (CAHW) has incorporated the following as domestic crimes: genocide, crimes against humanity, war crimes, breach of responsibility by a military commander or a superior (usually a civilian superior), offences against the administration of justice of the [[International Criminal Court]], and possession or laundering of proceeds derived from these crimes. Normally, criminal jurisdiction is exclusively territorial, but CAHW invokes universal jurisdiction as defined in customary international law.
-===Legal persons===
-Companies are not expressly included or excluded from prosecution for international crimes under CAHW. but all the standard remedies in tort are available against corporations for activities committed outside the jurisdiction. For civil jurisdiction, the court requires a "real and substantial connection" with the subject matter of the case (i.e. the ''forum conveniens'' rule).
-==France==
-===Natural persons===
-The new Criminal Code includes a series of provisions describing crimes against humanity in considerable detail, including genocide and aggravated war crimes. A limited number of international crimes have equivalents in [[France|French]] domestic law, e.g. forced labour is the equivalent of illegal confinement. Extraterritorial jurisdiction is based on a connection with France through:
-*the [[nationality]] of the perpetrator (active personality jurisdiction) of the crime or the victim (passive personality jurisdiction);
-*the events constituting the crime represent a connected series of acts or an indivisible act occurring both in France and another state, or where there were acts of complicity in France for a crime committed abroad, if the acts are criminal under all relevant systems of law; or
-*the concept of universality where French [[public policy (law)|public policy]] interests are affected.
-===Legal persons===
-In French law, a civil action can be brought jointly with a penal action before a criminal court. Corporate liability is covered in Articles 121/2 of the new Criminal Code which provide that legal persons will be liable in the cases identified by the [[Legislature]] and Article 213-3 provides that legal persons may incur criminal liability for all crimes against humanity.
-==Norway==
-===Natural persons===
-[[Norway|Norwegian]] municipal law incorporates specific areas of international law, but there must be a matching penal provision in the domestic criminal law as a precondition to enforcement. Norway is a signatory to the International Criminal Court which has complementary jurisdiction to municipal criminal courts, albeit that the local courts have precedence to prosecute the crimes of genocide, crimes against humanity, war crimes and the crime of aggression. Norway prosecutes international crimes using domestic penal law, e.g. genocide can be treated as [[homicide]], torture as an offence against the person, etc. Norwegian criminal law is applicable to acts committed abroad by any Norwegian national
-or any person [[domicile (law)|domiciled]] in Norway when the act is a [[felony]] under the law of the country in which it is committed. There is a general discretion to decline a prosecution which occurred in a case brought against the Israeli Prime Minister.
-===Legal persons===
-If a business entity domiciled in Norway is involved in unlawful activity committed outside the jurisdiction, both civil and criminal actions are available subject to the rule of "double actionability", i.e. the activity must have been unlawful under the laws of both Norway and the country of commission. The Norwegian Code of Compensation allows actions for damages for the loss and damage arising from the breach of international law. Civil jurisdiction is based on residence or temporary personal presence for natural persons and the place where the board of directors has its seat. Non-nationals can be sued in Norway if any business activity occurs in Norway. The court must be ''conveniens'', i.e. objectively competent in a local and functional way and, in some cases, this requires the defendant's consent.
-==See also==
-* [[International law]]
-* [[International criminal law]]
-==External links==
-*[http://www.burneylawfirm.com/international_law_primer.htm A Brief Primer on International Law] With cases and commentary.  Nathaniel Burney, 2007.
-*[http://www.un.org. Official United Nations website]
-*[http://www.un.org/law. Official UN website on International Law]
-*[http://www.icj-cij.org/. Official website of the International Court of Justice]
-{{International Criminal Law}}
-[[Category:Crime by type]]
-[[Category:Tort law]]
-[[Category:International criminal law]]
-[[sr:Међународна кривична дела]]
-[[sv:Folkrättsbrott]]