Abstract
In response to the September, 11th attack, the United States launched its Global War on Terrorism (GWOT). This proposition was intended to help citizens and others countries for their duration and enormity. The Geneva Convention comprises of four treaties and there protocol that was later added. The protocols and treatises set the standards in international laws for the treatment of humanity of victims of war. The convention was postulated after the First World War in which it was realized that there were no satisfactory and Versailles treaties that embodied the [provision of punishment of the nationals. Each state had its own mechanism of punishing criminals who had committed grave crimes against humanity. There was the for the absence of any international regulation
Events In the second world war made the international committees to present s to the XVIIth International Red Cross Conference to declares that a contradicting party will have the obligation of searching for persons whichever the nationality who have been charged by breaches of the c convection. This paper will examine the fact that war crimes while overseas, such as those involving murder, are much more serious under the Geneva Conventions
Introduction
Crime is a breach of laws and rules through which a governing system can prescribe a conviction via its legal systems. The definition of crime differs from one human society to another. This is so because crime is generally considered as a violation of the law but not all violations against the law are considered to be crime. Such Instances include breaches of civil law and breaches of contracts which are seen to be infractions or offences. Nevertheless, crimes are considered as an offence against the state or the public. Violence can be distinguished from torts which are offences against private parties that give rise to a civil cause of action.
The Rome Statute of the International Criminal Court defines crime against humanity as those odious offences that constitute a serious attack on the grave humiliate or to the dignity of human beings. Crimes against humanity are part of a government policy and are wide practices of atrocities condoned or tolerated by a de facto authority or a government. These crimes include murder, rape, torture or religious, political or racial prosecution which is inhumane acts against humanity.
In 2002, the International Criminal Court ICC was established in the Hague which the Rome statute provides the it will, the ability to have jurisdiction over crimes against humanity , war crimes and genocide. The ICC has broaden the definition of crime against humanity which means acts like murder enslavement, extermination, forcefully transfer of a population, torture, rape , sexual slavery, forced pregnancy ,, forced prostitution enforces sterilization, crime of apartheid and inhuman acts which cause great suffering or serious injury to the physical, mental and body health. This is under Article 7 of the treaty.
The four Geneva conventions deal within the Amelioration of the condition of the wounded and the sick in armed forces in the field, the amelioration of the condition of the sick, wounded and members of a ship wreck of armed forces at the sea, treatment of the prisoners of war and the protection of civil persons in time of war. The protocols relate to the protection of victims of international armed conflicts, protections of victims of non international armed conflicts and the adoption on additional distinctive emblem to be used in medical service.
Criminal law
Criminal law is a body of laws with the potential of severe imposition in the form of punishment for failure to comply. Any criminal offence depends on the jurisdiction and offence which may include loss of liberty, execution government parole or execution or fines. Murder is the most serious form of violent crime. One is punishable by life in imprisonment and some case capital punishment. Each state varies slightly with laws pertaining to murder. Murder may occur under the rule of felony where by, an individual may commit murder in the process of raping, robbery or during felony. No actual premeditation could have occurred in felony-murder rule. Therefore in such a case the offender could have acted in a dangerous manner leading to the death of the other person. Murder can be premeditation where by a killer could have thought and planned to murder his victim.
Murder differs from man slaughter in that there is absence of premeditation in the case of manslaughter. Manslaughter can happen involuntarily or voluntary. Criminal laws have been developed to protect the workings of a social body which are organized with the centrality pf relations
Terrorism
A strategic model which has been the dominant paradigm of studying terrorism states that terrorists are political utility maximizes. The paradigm postulates that individuals take up terrorism when the expected political gain that lacks the expected cost is outweighed by the net expected benefits of alternative forms of protesting. The policy community with currency greatly uses the strategic model which develops counter terrorism strategies that aim at defeating terrorism through the reduction of political utility. One of the common strategies of fighting terrorism is through implementation of strict concessions policy of decreasing political benefits, or through decreasing political benefits in the sense of non violence through promotion of democracy.
The model has however not been tested but it is the first study ever used to conduct the empirical validity of terrorism. The disadvantage of the model is that it does not give that actual record of terrorist behavior but only states that terrorists are the rationale actors with the primary aim of archiving political ends. (Mac 2008).Theoretical and empirical evidence has shown that terrorists are rational people who use terrorism to come up with strong ties with their fellow terrorists.
The case of the September 11 terrorist attack of the US still brings conflict in the international levels and the US domestic politics. This reveals problems of international criminal justice which is subject to confrontation by the diplomatic and the international legal community. Through the International Criminal Court and the international criminal tribunal were set in the 1990s to address the issue of impunity through the use op f legal responses. Several other factors are yet to be addressed. What we currently see is the failure to construct a normative consensus that is shared by international community and the international criminal justices. The ongoing debates on how to at or trying to punish terrorism is a representation of this failure (Lang, 2010).
Treason
Treason is an attempt of overthrowing the government of a country. The UTS constitution declares that treason only concourses when an enemy levies in wars against the country or helping the enemies of US. One can be convicted of crime only when there are two witnesses of the confession or at are presented before the courts
Common Law Defenses
During prosecutions, one has to prove beyond reasonable doubt that an n accused person has committed the offences that he has been charged with. Various elements have to proved. A case that not been proved beyond reasonable doubt is considered as null and void. While that which has been proven to be guilty of the crime has been ca charged with. However defense of the charges is open to one. The fore the burdened of decencies on an accuse person and if one establishes these defenses on can be found not to be guilty. Statutory defenses are created by the common wealth crime acts and those of the Victorian. Common laws of defense are based on judges decisions based on previous charges that can be applied to many other subsequent . For example, necessity or self defense might go beyond specific charges to include protests related charges (Davenport, 2006).
Wartime criminal justice
The international humanitarian law has been the law of war which is an umbrella that covers all laws that govern individual and state. The law has been historically been developed into two parts which the first part is jus ad bellum or the right to initiate war and it refers to the legality of the purpose. The second category is known as the jus in belllo which is the law applied during war. This category regulates the conduct of the war which is independent of the legality of the war. The c concept of crime against humanity was created by victors after the world war. The laws are now considers that no conduct of humans is an immunity and crime or the law (Morison,).
Crimes against the Person: Violence
Crime against person has various elements such as such as torture or killing. Violence acts include starving a person, poisoning, attempt to commit, arson, rape, animate or inanimate object penetration , or abduction, or forcible sodomy. Crime of violence is under the US constitutional 18 U.S.C. 16(a).Aggravated felony fall under crime of violence. a conviction under this statue is a crime of crimes against a person on violence under 18 UGSC § 16.a convention under this statute s is convention of a crime of violence which punishes intentional causation of injury.
Supreme Court in 2004, ruling in the case of Local v. Ashcroft, 543. US 1 (2004), decided that the DUI statutes which punished the causation of serous body harm was not a crime of violence under the constitution. The court did not give an exact definition with the Virginia Voluntary manslaughter statutes. The court held that the statute as a no means hence was not a crime of violence because it was not rationale to accidentally use of forces against a person or property. Compared to crime against person: murder or manslaughter, Crimes against the Person: Violence, murder is considered higher level than that of violence
Crimes against Property
Crimes against property are those crimes of theft where no threat or force is directed towards an individual. The Federal Bureau of Investigation’s Uniform crime reporting program (UCR) is reported in UFS 2002 crimes as offences of larceny theft, burglary, motor vehicle theft and arson. Burglary is the unlawful entry of some of some else home, structures or building to steal. Theft is unlawful; taking of property with no any unlawful entry. Shop lifting is a common form of petty lacncry. This involves taking merchandise without paying for it. Such violence against property are usually motivated by financial gain where one instead of buying his own he deicide to take some one else property for free.
Social Crimes
Social crimes involve vices such as drug crime quality of life offences, violent crimes. , juvenile crime, prostitution, housing and environmental issues, truancy, landlord tenant issues, improved corporation between victims and witnesses, improved intelligence gathering for prosecution of serious cases and failure of the justice system to address the needs of the community (Mount, 2010).
The start of social crimes has been associated with disregard of traditional social values. These values were threatened by the emergence of industrialism, and society and urbanizing society. These developments in the society characterized the increase of crime rate which was associated with industrializing and urbanism society.
Gambling laws in the US have been enforced with the booming of gambling in the US. The term gaming in the US only refers to those instances where by the activity has been especially legalized by applicable laws or where the activity has not been accepted under criminal laws. A gaming activity can turn to be gambling where there is the violation of laws that regulate gaming.
Constitutional Rights
The constitution rights is granted by the government constitution and may at the same time be denied by the government.
onclusion
Crime against person based on murder is considered the most serious crime against humanity by the states and the international criminal justice. The Geneva conventions apply in times of war and armed conflicts to that government that are ratified within its terms. During this application governments must comply and surrender to a certain degree of its national sovereignty in order to comply with international law.
References
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Davenport, Anniken U; (2006). Basic Criminal Law: The U.S. constitution, Procedure, and Crimes. Upper Saddle River: Pearson
Lang, A.. (2010). The Politics of Punishing Terrorists. Ethics & International Affairs, 24(1), 3-12,1-2. Retrieved May 3, 2010, from ProQuest Military Collection. (Document ID: 2016013281).
Maier-Katkin, D., Mears, D., & Bernard, T.. (2009). Towards a criminology of crimes against humanity. Theoretical Criminology, 13(2), 227. Retrieved May 16, 2010, from Research Library. (Document ID: 1738787421).
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