When "barbarous cruelty" is an additional component of kidnapping, unlawful confinement, robbery and manslaughter, such offences can achieve the level of crimes against humanity.Note 13
The Supreme Court of Canada, in Mugesera,Note
Canada case in a way in which the facts are stated accurately. However, there is the possibility that a legal positivist would also explain this case in a more biased manner by considering Ms. Baker’s arguments as extraneous. By understanding how this perspective would approach this case, the connection between morality and the law can be found in the ratio, and the significance of procedural fairness can be seen as articulated through the basic rule or principle in the case. A legal positivist would agree with a majority of the courts’ assessments, except the Supreme Court of Canada’s assessment; however, the assessment of a legal positivist could also be considered as incorrect. Yet, if the legal positivist were to look at this case through a slightly different view, they would agree with the Supreme Court’s assessment and be considered correct.…
The issues brought before the court are whether provincial law extinguish aboriginal title and was is the nature protection of aboriginal title under S. 35(1) of the Canadian Constitution…
The term “Torture” derives from the Latin word “tortus” meaning “twisted. Torture involves the intentional infliction of physical or mental pain on a person to fulfill some desire of the perpetrator or to compel some action from the victim. The following are some general definitions of torture. 1. Torture is the act of inflicting excruciating pain, as punishment or revenge, as a means of getting a confession or information, or for sheer cruelty.…
Firstly, the political impact this case had was can a provincial act over reach their boundaries and maybe even frustrate parliament and get away with it? The case stated that the decision made by the judges favored s.6 of the provincial act over s.30 of the federal act because it fufilled the purpose more than s. 30. It led to many questions raised in this case, in whereby how far can provinces can enact their regulations in so far it does not frustrate the federal enactment. The doctrine of paramountcy is one of great complexity and requires a great analysis in truly to understand it, especially when bringing it up to court. It requires knowledge about both provincial and federal powers.…
Essay-2 CHALLENGE FROM MARGINAL CASES Having gone through the ‘Challenge from Marginal Cases: in the Article “Puppies, Pigs and People”, it seems the author Alastair Norcross is of the view that any mutilation or torture to non-human animals is morally impermissible irrespective of the actions of Fred’s behavior and torture of the animals or slaughtering or mutilation of farmed animals. He argues that there is no difference as the animal is mutilated in either case. In one case Fred tortures his puppies directly to obtain cocoamone for his pleasure whereas in other case farmed animals are slaughtered to cater the need of the people. From the above I feel, Fred is a rare consumer of cocoamone and the way he treats or torture puppies himself in an unorganized way and keep animal…
The Supreme Court of Canada is the highest court in Canada, the final court of appeal, and the last legal resort for all litigants; therefore, the Supreme Court of Canada decisions are the ultimate expression and application of Canadian law (Supreme Court of Canada tour). The landmark decision by the Supreme Court of Canada in the R v. Keegstra case regarding the freedom of expression portrays the theoretical concepts behind the court’s ruling as it is the job of the court to deliver a fair decision to the parties involved, as well as a decision that maintains law and order in society. The R v. Keegstra ruling contains insights from the consensus theory and the labelling theory, as the decision of the court was in the interest of the public. To better understand a criminal law case and come up with a conclusion, the theory used must have a valid structure and must follow the rules of critical thinking and logic (Boyd, Cartwright and Heidt, 2015: 120). Also, the purpose of the criminal law must be understood as criminal law serves a purpose, which takes into account some theoretical aspects of the consensus theory and…
Because of the controversy surrounding the history of Ward Churchill, criticizing the man and ignoring the message would seem the easier choice. However, this is necessary for reviewing “Crimes against Humanity”. This is a stark essay in which the thesis he used was the unfair treatment of Native Americans in the United States of America.…
International crime involves any act or omission that has international consequences on nation states. This includes transnational crimes, which are crimes that take place across international borders such as, human trafficking and people smuggling across borders, arm trafficking, fraud, cybercrime or terrorism. Unlike transnational crime, crimes against the international community are a collection of offences that are recognised by the international community as being of universal concern, such as genocide and war crimes. However, international law is difficult to enforce due to state sovereignty preventing the legal system to effectively deal with international crime. International measures implemented to combat crime include the international…
Background Stephen Chapman was born in Brady, Texas and he grew up in Midland and Austin. He graduated from Harvard University with cum laude and worked for the New Republic. Chapman is currently on the staff of the Chicago Tribune where he writes a column that covers national and international affairs, and appears in some 60 papers across the country. He has also provided articles for Slate, The American Spectator, National Review, The Weekly Standard, The Atlantic, Harper’s, and Reason.…
Chapter 13 looked at homicide and physical assault. When it comes to the scope of exposure it was stated in the book that “comparing rates of physical assaults across nations is difficult because legal definitions of crime differ. In addition, there is limited access information about physical assaults that are not reported to police. If the legal definition of physical assault differs in two countries or if the proportion of cases reported to police in each country differs, then comparisons based on cases reported to police are likely to be inaccurate. This is less of a problem for criminal homicide, which is legally defined more similarly across jurisdictions.”…
Animal cruelty has always been a challenge that gets overlooked by society in the food market. Many people do not take into consideration the life of the cow, chicken, or pig, and lots of other animals, while enjoying their juicy hamburger, chicken leg, and bacon. “An Animal’s Place” by Michael Pollan argues about animal liberation while using support from Peter Singer’s “Animal Liberation” book. Peter Singer is pro animal rights and has converted lots and outs of people over to vegetarianism, while Michael Pollan loves steak and seeks to see if Singer could convert him as well. Our world changes consistently with the trends of our society, from the civil rights movements of blacks and women, to the legalization of gay marriage.…
Introduction On July 17, 1998 South Africa signed and proceeded to ratify, the Rome Statute of the International Court (Plessis, 2007). South Africa was one of the earliest supporters for setting up the court that would be known to try extreme cases of human rights violations. The International Criminal Court (ICC) was in fact created to take care of any atrocities and punishing them within the international borders, ones that cannot be dealt with within their own territories. The ICC stands as a last resort to any criminal events still standing, within the realm of where its jurisdiction lies (Plessis, 2007).…
After World War II the United Nations created tribunals for criminal prosecution of war crimes proceeded with the Nuremberg Trials. Since that time there have been other systems including the International Criminal Tribunal for the former Yugoslavia (ICTY) that dealt with the war crimes that occurred in Yugoslavia. Also, the International Criminal Tribunal for Rwanda (ICTR) which prosecuted those involved in the genocide in Rwanda (U.N., 2015). In addition, there are Hybrid Tribunals and the International Criminal Court (ICC). These tribunals and law courts are successful in prosecuting individuals involved in major crimes.…
Sexual harassment in the workplace is a hazard encountered in the working place across the world. It reduces the quality of working life, jeopardizes the well-being of both working men and women, and imposes costs on firms and organizations. The issue pertaining to sexual harassment in the workplace has been addressed by several international groups like the United Nations (UN), the International Labour Organization (ILO), the European Union (EU), the Caribbean community (CARICOM), and the organization of American States (OAS) as a human right violation, a form of violence, and discrimination. Since sexual harassment in the workplace pollutes the working environment and can have a devastating effect upon the health, confidence, morale and performance…
Inhumane acts, constituting a crime against humanity in violation of article 7(1)(k) of the Rome Statute The pre-trial chamber found substantial grounds to believe Muthaura and Kenyatta were criminally responsible for the alleged crimes as indirect co-perpetrators. The charges against Ali were rejected. On January 23, 2012, Pre-Trial Chamber II found that the prosecutor’s evidence failed to satisfy the evidentiary threshold required under the Rome Statute to bring Kosgei and Ali to trial. Specifically, in regards to Kosgei, the chamber found that the prosecutor relied on one anonymous and insufficiently corroborated witness.…