<<
>>

3.1. Activity MUS on bringing to criminal liability for a genocide crime

Practice of the International criminal court on realisation of jurisdiction concerning a genocide crime considerably concedes (on volume) to activity of the given body on realisation of jurisdiction concerning crimes against humanity and war crimes.

one of the reasons of the given circumstance should recognise that large-scale fulfilment of certificates of a genocide during confrontations in the former Yugoslavia and Ruanda occurred long before acceptance of the Roman statute (let alone the introduction of the given international legal certificate into force) and it has appeared under jurisdiction of corresponding international tribunals ad hoc.

Now the International criminal court brings only one charge in fulfilment of considered criminal action - concerning the president of Sudan of the Lobster al-Bashira. The given charge is put forward on the facts received as a result of investigation of a situation in Darfur (Sudan) [396] .

the Confrontation of not international character has begun in territory of Darfur (the region representing set of three western provinces (vilajatov) Sudan) in 2003 the conflict Reason were naprja -

zhennye relations between the local Arabian population and constituting the ethnic majority of the given region the African tribes (first of all tribes of waggons, masalit and zagava). During the given conflict were sover

sheny numerous criminal infringements of human rights (including crimes, whose objective party could testify to fulfilment in Darfur of certificates of a genocide), drawn attention of the UN Security Council, which in item 12 of the Resolution ╣ 1564 from September, 18th, 2004 Asked the Secretary general of the United Nations źto create operatively the international court of inquiry for immediate investigation of messages on infringements of norms of the international humanitarian law and standards in the field of human rights in Darfur all parties, establishments also, whether took a place genocide certificates, and revealings of the persons committing such crimes, for the purpose of attraction guilty to

398

responsibility╗.

After carrying out of the corresponding work provided by the aforementioned Resolution, the Report of the International court of inquiry on Darfur has been presented Security council through the Secretary general of the United Nations. In the Report the statement of the numerous facts of criminal infringements of human rights (in particular, crimes against humanity and war crimes), made during the armed opposition in Darfur contained.

However conclusions of the International court of inquiry on Darfur (further - the Commission) about fulfilment in the given region of certificates of a genocide carried, more likely, negative character (though and with some reservations).

the Commission, in particular, established, that in the facts of gross violations of the human rights made in territory of Darfur, there are two elements necessary for qualification of acts as a crime of a genocide: actus reus (źconsisting in murder or drawing heavy corporal or [397] [398]

psychological uvechy or in premeditated creation of conditions of a life which can lead to physical destruction╗ [399] [400] [401] [402] ) and presence of group being under protection (in this case of some the ethnic groups constituting the African population of Darfur) in which relation aforementioned actions are undertaken. At the same time the Commission has not found out the special intention directed on fulfilment of a genocide, in actions of a political management of Sudan.

Concerning the facts of murders and violent movings of persons to an ethnic sign the Commission has come to conclusion, that these actions źhad intention to expel a victim from their houses, mainly, with a view of struggle against rebels╗.

As the proof of absence of intention on committing a crime of a genocide by the Commission a number of examples of the criminal actions made during the conflict in Darfur by participants of the Arabian armed progovernmental home guard "Dzhandzhavid" has been resulted. The attack made on January, 22nd, 2004 on Vadi-Salih (group of 25 villages in which lived about 11 000 representatives of a nationality of waggons) has been mentioned, in particular. Thus it has been killed more than 200 representatives of this nationality convicted of participation in mutiny. However all arrested persons have undergone to physical violence not, that (and also charges of the specified persons in participation in mutiny, instead of in an accessory to certain ethnic (breeding) to group), on - visible, promoted a preliminary conclusion of the Commission about absence in the given actions of special intention on a genocide.

it is necessary to notice, that, besides the International court of inquiry on Darfur, to a conclusion that the situation in the given region cannot be qualified as a genocide, world and safety Council Afri -

402

kanskogo the union has come also.

however, despite care of the Commission of presence of signs of a crime of a genocide in Darfur, its Report unequivocally confirmed the fulfilment facts in the specified region of Sudan of other serious international crimes. The given conclusion of the Commission has laid down in a basis of the decision expressed in the Resolution ╣ of 1593 UN Security Councils from March, 31st, 2005 In item 1 of specified Resolution SB the United Nations has enacted źto transfer a situation in Darfur from July, 1st, 2002 to the Public prosecutor of the International criminal court╗ [403] [404] [405] . In the item 6 these Resolutions jurisdiction MUS concerning some categories of subjects of the international crimes made in territory of Darfur was limited. The given point enacted, in particular, that źon citizens, present or former officials or the employees, which profits to Sudan from abroad from the states which are not participants of the Roman statute of the International criminal court, the exclusive jurisdiction of this state concerning all prospective acts or omissions caused or connected with operations in Sudan, organised or authorised by Council or the African union if only this state in clearly expressed form has not refused from such is -

404

kljuchitelnoj jurisdictions╗ extends.

After the decision of Presidium of Court on situation appointment in Darfur on consideration of Chamber of the pleading Public prosecutor MUS on June, 1st, 2005 Has informed Chamber on the decision to initiate situation investigation in Darfur according to item 53 of the Statute and Rule 104 Pra -

405

twisted procedures and provings.

on July, 14th, 2008 charge has handed in the statement according to item 58 of the Statute with the request for delivery of the warrant of arrest of the Lobster al-Bashira for attraction

it to the criminal liability for genocide committing a crime, pre -

<< | >>
A source: Ljamin Nikolay Mihajlovich. the International criminal court and responsibility for criminal infringements of human rights. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2017. 2017

More on topic 3.1. Activity MUS on bringing to criminal liability for a genocide crime:

  1. Chapter 3. ACTIVITY MUS And the CRIMINAL LIABILITY FOR CRIMINAL INFRINGEMENTS of HUMAN RIGHTS
  2. Activity MOUSSE on bringing to criminal liability for crimes against humanity
  3. the criminal case and criminal prosecution termination in connection with death of the person who are coming under to bringing to criminal liability, in the light of the presumption of innocence
  4. ž2. A genocide crime in criminal law of the separate states
  5. Hasan Hunar Ameen Hasan. the GENOCIDE CRIME In Iraq: criminal liability problems. The DISSERTATION on competition of a scientific degree of the master of laws. Moscow -, 2015 2015
  6. intention presence - bringing to criminal liability compulsory condition for fulfilment of tax crimes.
  7. ž1. A genocide crime in the international criminal legislation and practice of the international tribunals
  8. ž2. Problems of qualification of a crime of a genocide and awarding punishment for it in decisions of the Higher Iraq Criminal Tribunal
  9. the Crime of a genocide and responsibility for its fulfilment
  10. CHAPTER 3. Features of the criminal liability for the organised criminal activity and unification of criminal legislations of Russia, Belarus and Ukraine in sphere of counteraction to criminal societies (the criminal organisations)
  11. ž2. Crime elements as the basis of realisation of forms of the criminal liability.
  12. ž 2. Perfection of sanctions for a crime provided by item 258.1 UK the Russian Federation, with a view of differentiation of the criminal liability
  13. CHAPTER 1. The GENOCIDE CRIME: CONCEPT, SIGNS, PROBLEMS OTVETSTVEENOSTI
  14. CHAPTER 2. The GENOCIDE CRIME In Iraq: QUALIFICATION And PUNISHMENT PROBLEMS