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Opening montage clip ("Crimes of War"). THE STORY BEHIND THE STORY Crimes and Justice.

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Presentation on theme: "Opening montage clip ("Crimes of War"). THE STORY BEHIND THE STORY Crimes and Justice."— Presentation transcript:

1 opening montage clip ("Crimes of War")

2 THE STORY BEHIND THE STORY Crimes and Justice

3 Reporting differently Crimes Criminal responsibility Courts The media's role Effectiveness of justice mechanisms

4 Crimes and Justice Reporting differently Have you ever faced a situation where knowing more about the law would have made you report differently? What were the circumstances?

5 Crimes and Justice Different types of crimes WAR CRIMESCRIMES AGAINST HUMANITYGENOCIDE WHAT?  serious violations of treaty and customary humanitarian law that incur individual criminal responsibility  specific acts of violence committed as part of "a widespread and systematic attack" against a group of civilians  specific acts of violence committed "with the intent to destroy, in whole or in part," a national, ethnical, racial or religious group WHERE?  Article 8 of the ICC Statute  Article 7 of the ICC Statute  Article 6 of the ICC Statute AND ALSO… -GCs/AP I -IMT -ICTY, ICTR -national legislation, case- law AND ALSO: -IMT -ICTY, ICTR -national legislation, case-law AND ALSO: -Genocide Convention -ICTY, ICTR -national legislation, case-law LINK WITH ARMED CONFLICT  it must be committed in relation to an armed conflict  it does not need to be committed in relation to an armed conflict

6 Crimes and Justice Who can be responsible for a crime? one person group subordinate / superior

7 Which court can try the accused? Crimes and Justice Which court can try the accused? national courts international courts –ICTY/ICTR, ICC 'hybrid' courts –e.g. in SCSL, ECCC, SPSC ICRC ≠ court

8 FILM CLIP: http://video.msn.com/video.aspx?mkt=en-us&vid=48dd7768-a133-4cbd-9ecd- fae26dbcf535&fg=rss&from=34 Crimes and Justice Crimes and courts

9 Crimes and Justice The media's role The … [ICTY] agrees (…) that war correspondents “play a vital role in bringing to the attention of the international community the horrors and reality of conflict". (ICTY, Randal case) "As soon as I turned and walked away I heard firing. I looked around, over the corner of my shoulder and I saw people dropped. I just kept on walking…You know now that people are dead, they were shot… " (From interview with war photographer, Ronald Haeberle, re to attrocities committed in the Vietnam war, in My Lai)

10 Crimes and Justice The Media's role Raising awareness Witnessing Obligation to testify?

11 Crimes and Justice Effectiveness of sanctions Impact of sanctions Additional mechanisms: reparation, truth- seeking, reconciliation


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