This thesis takes its starting point from the need for a comprehensive approach towards justice following atrocities, and where not only the states in which the crimes were committed have a role to play. The thesis discusses atrocity crime (genocide, crimes against humanity and war crimes) prosecution and reparations procedures concerning individuals as two appropriate courses of action, through which non-territorial states may contribute to atrocity prevention and justice for the victims of atrocities. The analysis addresses whether, under international law, non-territorial states are allowed to, required to, or prohibited from facilitating prosecution and reparations procedures and includes an assessment of the extent to which international law relating to reparations fails to correspond to that applicable to prosecution. The implications of the lack of correspondence are analysed in light of the historical connection and separation of the two courses of action, the procedural and substantive legal overlaps between prosecution and reparations, and the underlying aims and functions of prosecution and reparations. The study covers a wide spectrum of international legal sources, most of them to be found in human rights law, humanitarian law and international criminal law. The study shows that while non-territorial states are included in both conventional and customary law as regards prosecution of atrocity crimes, the same cannot be said in relation to reparations procedures. This serious deficit and inconsistency in international law, is explained by the framing of reparations, but not prosecution, as a matter concerning victims and human rights, thereby leaving the enforcement of the rules to the discretion of each state. Reparation is also considered a private matter and as such falls outside the scope of the far-reaching obligations regarding prosecution. The study suggests taking further the responsibilities of non-territorial states in relation to atrocity crimes. Most urgently, measures should be considered that bring the legal space for reparations procedures into line with that for prosecution in, for instance, future discussions by human rights treaty-monitoring bodies and in the drafting of new international victims' rights, atrocity crimes or civil procedure instruments.

This thesis analyses the crime of trafficking in persons under international law with a special focus on Jordanian legislation, arguing that efforts to address the crime of trafficking in persons require a holistic approach, but it will focus on questions of jurisdiction and legal definitions. After analysing the definitions, elements, forms, and typologies of the crime of trafficking in persons under the Trafficking in Persons Protocol (TIPP) as the main legal international instrument, this thesis further examines whether or not Jordanian legislation is in line with international standards. Then, under the holistic approach to addressing the crime of trafficking in persons, this thesis examines trafficking in persons as a transnational organised crime. Subsequently, it examines trafficking in persons as a crime against humanity by examining whether or not the International Criminal Court (ICC) might be regarded as an effective organ for addressing trafficking in persons as a crime against humanity. Later, the thesis examines the efforts made in Jordan to address the crime of trafficking in persons. Accordingly, this thesis concludes that trafficking in persons is a multi-dimensional problem and that long-term success will not be achieved by taking a disjunctive approach to addressing its many facets. Therefore, achieving a unified approach will lead to a permanent solution or will at least make a major contribution to addressing the problem.

Tendo em vista a utilização do direito penal como instrumento de proteção ambiental, a partir do referencial teórico da dogmática penal e da sociologia do risco, neste estudo objetiva-se analisar a possibilidade de criação do direito de intervenção, proposta de Winfried Hassemer, como alternativa ao direito penal ambiental. Parte-se da análise das teorias do bem jurídico penal, reconhecendo o direito penal como instrumento de moldura clássica, que deve respeitar as garantias individuais e atuar de forma subsidiária. Entretanto, o modelo penal ambiental se apresenta com uma moldura moderna evadindo-se da tradição penal. Feito isso, desenvolve-se o estudo da teoria da sociedade de risco, com o reconhecimento de que na esfera penal ambiental há um contexto de irresponsabilidade organizada, em consequência do direito penal simbólico. Em razão disso, foram estudados os elementos que indicam a falta de efetividade da lei 9605/98, e a sua utilização simbólica. Com esse objetivo foram examinadas as apelações em crimes ambientais julgadas pelo TJRS no ano de 2016, que apontam para um baixo resultado prático com quase 70% de absolvições e prescrições. Nesse sentido, se reconhece que o direito penal ambiental tem sido contraproducente à efetiva tutela do meio ambiente, sendo necessário a utilização de meios alternativos. Foram estudadas duas opções, o direito penal de segunda velocidade e o direito de intervenção. Entre os dois modelos, o direito de intervenção foi considerado mais adequado por estar fora da esfera penal, o que evita sua utilização simbólica e o aumento da expansão criminal. Entretanto, para a sua implementação dentro sistema brasileiro, seria necessária a criação de um novo ramo jurídico, por isso, cogitou-se a sistematização do direito de intervenção, a partir da aproximação com a esfera administrativa sancionadora. O método de abordagem utilizado é o analítico, tendo como procedimento metodológico a análise bibliográfica e documental. Com os resultados obtidos é possível reconhecer que o direito administrativo sancionador reestruturado a partir do direito de intervenção idealizado por Hassemer, pode ser um instrumento alternativo a tutela penal, que apresenta vantagens, pois sua atuação antecipada é legítima, não está atrelando as garantias penais, e possui penas graves, em especial na responsabilização da pessoa jurídica. Não obstante, a utilização de outro instrumento pode afastar as sequelas da irresponsabilidade organizada que um direito penal simbólico apresenta, abrindo espaço para a discussão de políticas públicas mais eficientes na proteção ambiental. / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior, CAPES / In order to use the criminal law as an instrument of environmental protection, based on the theoretical framework of penal dogma and the sociology of risk, this study aims to analyze the possibility of creating the right of intervention, proposed by Winfried Hassemer, as an alternative environmental criminal law. It begins with the analysis of theories of the criminal legal interest, recognizing criminal law as a classical framework, which must respect individual guarantees and act in a subsidiary manner. However, the environmental criminal model presents itself with a modern framework evading criminal tradition. Once this is done, the study of the theory of risk society is developed, with the recognition that in the environmental criminal sphere there is a context of organized irresponsibility, as a consequence of symbolic criminal law. As a result, the elements that indicate the ineffectiveness of Law 9605/98 and its symbolic use have been studied. With this objective, the appeals for environmental crimes judged by the TJRS in 2016 were examined, which point to a low practical result with almost 70% of acquittals and prescriptions. In this sense, it is recognized that environmental criminal law has been counterproductive to the effective protection of the environment, and it is necessary to use alternative means. Two options have been studied: second speed criminal law and the right to intervene. Between the two models, the right to intervene was considered more appropriate because it was outside the criminal sphere, which avoids its symbolic use and increased criminal expansion. However, for its implementation within the Brazilian system, it would be necessary to create a new legal branch, so we considered the systematization of the right of intervention, from the approximation with the sanctioning administrative sphere. The method used is the analytical one, having as methodological procedure the bibliographical and documentary analysis. With the results obtained it is possible to recognize that the sanctioning administrative law restructured from the right of intervention devised by Hassemer, can be an alternative instrument to criminal tutelage, which presents advantages, since its anticipated action is legitimate, it is not binding the criminal guarantees, and has serious penalties, especially in the liability of the legal entity. Nevertheless, the use of another instrument can avoid the consequences of the organized irresponsibility that a symbolic criminal law presents, opening space for the discussion of more efficient public policies in the environmental protection.

The proposed research study explored the extent and nature of financial abuse crimes amongst elders in San Bernardino County. This study utilized a descriptive research method. This study identified characteristics of victims and perpetrators, contributing factors associated with financial abuse, the degree of trauma an elder will experience depending on the type of financial crime committed. This study will provide an overview of the different types of financial abuse cases reported and determine if there is a significant difference and/or similarities of these types of crimes committed against male and female elderly in San Bernardino County.

Denna studie undersöker hur minnen av folkmord och brott mot mänskligheten artikuleras, förvaltas och kommer till uttryck. Traumatiska erfarenheter av folkmord och brott mot mänskligheten gör avtryck på en människas minne och minnena traderas och ärvs över generationsgränser. Omfattande studier har gjorts om berättande, folkmord och minne, där flertalet fokuserar på efterdyningarna av Förintelsen och effekterna för överlevande såväl som deras barn. Detta har lämnat ett kunskapsglapp kring minnesprocesser från folkmord och brott mot mänskligheten utanför Europa, vilket osynliggör de som har sådana erfarenheter. Med intervju som metod undersöker denna studie egna och ärva minnen från skilda geografiska och historiska skeenden. Berättelser om minnen från dessa händelser analyseras med hjälp av tidigare minnesforskning samt narrativanalys. Materialet visar på att smärtsamma minnen ärvs tillsammans med strategier för att förvalta dem, att de positioneras i relation till gängse historiografi och binds till andras minnen, samt att minnen kommer till uttryck genom minnesbärarnas identitetsprocesser och vägval. Genom att undersöka detta hoppas författaren ge bredare kunskap om minnesprocesser kring folkmord och brott mot mänskligheten, synliggöra dess förekomst i Sverige samt dess inverkan på människors livsvillkor.

Since the aftermath of the brutal civil war in Somaliland, no one has systematically considered the human rights atrocities committed by one of the most brutal regimes in sub-Saharan Africa. Therefore, it is the objective of this study, firstly, to throw light on the international rules which govern those crimes committed in Somaliland during the military regime. Secondly, the study will apply those rules to the case of Somaliland, based on the available evidence. Thirdly, the study will establish a case for the international prosecution of those who bear the greatest responsibilities for the human rights atrocities that occurred in Somaliland. Fourthly, this study will investigate which international mechanism provides the best chance of serving as an adequate prosecutorial mechanism. Finally, the study will analyse the role of individual criminal responsibility under international criminal law / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Frans Viljoen of the Faculty of Law, University of Pretoria / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Despite the developments in the international arena to ensure and protect human rights, evidence from around the world showcase examples of organized and systematic violations of human rights in the form of war crimes, genocides, and crimes against humanity. Turkey is one of the countries that has shown decline in the last ten years when it comes to respect for human rights. Aftermath of the Coup d’etat from 2016, involvement in Syrian civil war, and Kurdish question raised concern within the international community regarding human rights. Consequently, this research aims to provide a deeper understanding of how Turkish government treats the civilian population in these three cases in order to assess if there is a risk of Turkish government committing crimes against humanity. Furthermore, in order to get a more objective view of the happenings, this paper will also examine Turkish actions through the lenses of Realism. A qualitative research with an abductive approach with case study design was conducted. Analytical framework, that presents 10 risk factors for committing atrocities and crimes against humanity, developed by Dieng and Welsh was utilized to make sense of gathered data. Realism, with focus on national interest and security, was used to examine Turkish actions. Findings suggest that all 10 risk factors are presented in each case through different indicators. Journalists, lawyers, professors, refugees, and Kurds face systematic threat of mostly arbitrary detentions and imprisonments. Furthermore, findings show that Turkish actions can be explained through national interest expressed through security and unitary national identity.

Fear of crime is argued to be a social problem that may lead to restriction of activities, increased security costs, and avoidance behaviors. Findings from research indicate that there are many demographic influences on the fear of crime. Specifically, gender has been found to be one of the most consistent predictors of crime, that is, females significantly fear crime more than males. Additionally, research suggests that a person's fear of crime or perceived risk to crime may increase their engagement in precautionary behaviors, such as carrying a weapon for protection. The current study examined these relationships using data collected from 588 students at the University of Central Florida in the fall of 2006. The results indicated that females reported significantly higher mean scores on the fear scale for all crimes except property crimes, as well as higher mean scores for most crimes on the perceived risk of victimization scale. Females also reported feeling less safe from crime in their neighborhood and at home. Furthermore, females were more likely to engage in precautionary behaviors, but less likely to engage in risky behaviors. Fear of crime was not a significant predictor of the use of precautionary behaviors. However, respondents with greater perceived risk were more likely to use a greater number of precautionary behaviors. Additionally, respondents who had a perceived lack of safety were more likely to use precautionary behaviors and engage in them more often. Risky lifestyle behaviors were not significant predictors of either fear or guardianship activities. Exposure to the media was only shown to increase fear, perceived risk, and perceived lack of safety at the bivariate level. And finally previous victimization was not a significant predictor of fear or perceived risk. Overall, the results were fairly consistent with previous literature. Implications for future research and policy are discussed.

No description available.

This dissertation seeks to explain the uncanny continuity of hegemonic US foreign policy across presidential administrations and the breakdown of the rule of law as evidenced by unadjudicated state and elite criminality. It finds that a nebulous deep state predominates over politics and society. This deep state is comprised of institutions that advance the interests of the politico-economic elite through nexuses connecting the overworld of the corporate rich, the underworld of organized crime, and mediating national security organizations. To investigate the evolution of the state, the tripartite state construct is elucidated. It is a synthesis and expansion of three extant approaches—dual state theory, theories of the power elite, and the deep politics framework which explores the impactful forces and institutions whose influence is typically repressed rather than acknowledged in mainstream discourse. The tripartite state is comprised of the democratic or public state, the security state, and the deep state. A key contention herein is that the deep state developed alongside postwar US exceptionism—the institutionalized abrogation of the rule of law, ostensibly on the basis of “national security.” Theories of hegemony and empire are analyzed and critiqued and refined. To wit: the post-World War II US empire has been sustained by hegemonic institutions which rely on various degrees of consent and coercion—both in a dyadic sense but increasingly through structural dominance following the collapse of Bretton Woods. Rival hypotheses related to the state and US foreign policy are analyzed and critiqued. To explore the concept of a deep state within a nominal democracy, open democratic modes of power are contrasted with top-down or dark power. Through process tracing, the historical evolution of the US state is delineated, charting the means by which US imperial hegemony was reproduced. Presidential administrations and the Watergate scandal serve as case studies of sorts, illustrating the deep state’s role in the general thrust of postwar US politics—imperial hegemony over the international system. Finally, various deep state institutions are examined along with a discussion of generalizability, applications, and implications of the foregoing scholarship. / Political Science