Pornography

Comes from the Greek words porne, which means a harlot, prostitute or whore and graphos
means a writing or depiction.
History and Religious Context
o The first documented porn picture were printed in oriental manuals of sex , Kama Sutra
was the first manual on love written in 300 AD & contained explicit description of
lovemaking and related subject.
o The statues in famous temple of Khujraho depict the lovemaking scenes in explicit
details.
o The paintings on walls by the tribal societies hardly show the titillation caused by nudity,
for nudity was natural to them.
o At the end of the 18th century France was the leading country regarding the spread of
porn pictures. Porn became an element of playing cards, posters, post cards & so on.
Pornography The sad truth

o Approximately 40 million people in the United States are sexually involved with the
Internet.
o 2.5 billion emails per day are pornographic.
o 25 percent of all search engine requests are pornography related.
o 72 million Internet users visit pornography web sites per year.
o 94 percent of Americans believe a ban on Internet pornography should be legal.
o 34 percent of churchgoing women said they have intentionally visited porn websites
online.

Harmful effects of pornography

Sexual Arousal
o brought by visual and literary pornography.
o This effect has been shown both mentally and physically.
Aggression
o Exposure to pornography leads men to greater level of aggression towards
women.
Desensitization
o Prolonged exposure to called slasher film desensitized viewers to violence
against women.
Attitude toward women
o Exposure to pornography leads to antisocial attitudes about women.
Decline in Family Values
o Massively exposed to pornography will become distrusting of their partners in
extended relationship
 o There is growing dissatisfaction with sexual reality. Exposure to porno fosters a
lack of respect for social institutions such as the family and tradition sex roles for
women Linz and Malamuth (1993)
What is it?
o Pornography is the portrayal of explicit sexual subject matter for the purposes of sexual
excitement and erotic satisfaction.
o Porn can be found in a huge variety of ways. It can be found through books, magazines,
Internet and even in video games (ex. Grand Theft Auto 3), sculptures and even in
paintings.
Types of pornography
o Amateur pornography : not professional
o Fetish pornography : sexual arousal a person receives from an object
o Sexual-orientation-based pornography
o bisexual pornography)
o Orgy pornography
o Race-oriented pornography (e.g. Asian, black, Latino, interracial)
o Reality pornography : documentary style
o Soft pornography
o Voyeurism, involving, for example, use of hidden camera or "upskirt" photography

International Prospective

Budapest Convention on Cyber Crimes 2001: Article 9 prohibits the child pornography &
imposes the duty on state to prevent the coercion & prostitution of children for such activities as
well as safeguard children from pornographic performances & materials.
European Union Convention on Cyber Crimes 2001: Article 9 imposes a duty upon the
parties to the convention to establish as criminal offences of intentionally producing, offering,
making, distributing, transmitting, procuring or possessing child pornography through a
computer system for oneself or to distribute to another
Underage Viewing
o Pornography must be viewed by an adult, meaning they are at least 18 (21 in some
countries)
o Most pornographic websites have age verification applications, but all a person has to do
is click a button or fill out a birth date which then gives access to these websites
Legal Issues
o There are many legal issues surrounding internet pornography but it is simply to hard to
censor the internet and that is why it is still so readily available today.
o Also many countries have their own laws and beliefs when it comes to internet
pornography, or any types of pornography
 o Countries like China and Saudi Arabia have had some success in filtering out
pornographic sites but there is always a way around it
o In the US and UK bestiality is illegal to participate in or produce
o In the UK there is a maximum 3 year sentence for possession of extreme pornography
o In Indonesia, pornography is illegal to own or sell.

War Crimes

War crimes can be defined as unwarranted acts of violence or brutality, violations of treaties, or
violating customs that govern military conflicts. War crimes are most often committed by military
personnel but can also be committed by politicians and civilians.

Examples of war crimes include intentionally killing civilians or prisoners, torture, destroying
civilian property, taking hostages, perfidy, rape, using child soldiers, pillaging, declaring that no
quarter will be given, and using weapons that cause superfluous injury or unnecessary suffering.

First Occurrence - Peter von Hagenbach in the Holy Roman Empire, 1474.

War crimes can be divided into three categories:

Traditional war crimes - acts that violate customary war time practices
Crimes against peace - acts of hostile military action against a sovereign country that is
not in self defense
Crimes against humanity - acts that involve the enslavement, persecution, brutality or
murder of non-combatants or the extermination of certain groups of people
GenevaConventions -The Geneva Conventions comprise rules that apply in times of armed conflict
and seek to protect people who are not or are no longer taking part in hostilities.

Darfur Conflict (War in Chad) -The government claims there is a death toll of almost 20,000
civilians. Genocide, murder of African Muslims in Darfur

Punishment

Capital punishment
Death penalty is declared illegal in most places.

International Criminal Court

the court has only convicted sixteen people so far.

The purpose of the court is to help give a voice to those who were hurt or killed wrongfully.
Several nations, most notably the United States, China, Russia, and Israel, have criticized the
court. The United States still participates as an observer.
Article 12 of the Rome Statute provides jurisdiction over the citizens of non-contracting
states in the event that they are accused of committing crimes in the territory of one of the
state parties.
Article 8: War crimes ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT
War crimes are defined in the statute that established the International Criminal Court, which
includes:
Grave breaches of the Geneva Conventions, such as:
Willful killing, or causing great suffering or serious injury to body or health
Torture or inhumane treatment
Unlawful wanton destruction or appropriation of property
Forcing a prisoner of war to serve in the forces of a hostile power
Depriving a prisoner of war of a fair trial
Unlawful deportation, confinement or transfer
Taking hostages
The following acts as part of an international conflict:
Directing attacks against civilians
Directing attacks against humanitarian workers or UN peacekeepers
Killing a surrendered combatant
Misusing a flag of truce
Settlement of occupied territory
Deportation of inhabitants of occupiea territory
Using poison weapons
Using civilians as shields
Using child soldiers
Firing upon a Combat Medic with clear insignia.
The following acts as part of a non-international conflict:
Murder, cruel or degrading treatment and torture
Directing attacks against civilians, humanitarian workers or UN peacekeepers
Taking hostages
Summary execution
Pillage
Rape, sexual slavery, forced prostitution or forced pregnancy
War crimesin recent news

UN criticizes Gaza war crime probes

Benjamin Netanyahu -Israeli Prime Minister

Responsibility for such crimes

Leaders, organisers, instigators and accomplices participating in the formulation or execution of a
common plan or conspiracy to commit any of the crimes above are criminally responsible for
everything done by anyone in carrying out such a plan.

Superior orders
The fact that a person was obeying an order of his Government or of a superior does not free him
from responsibility, but can be considered and may reduce the appropriate punishment.

Crime against humanity

All humanity is one undivided and indivisible family, and each one of us is responsible for the
misdeeds of all the others. I cannot detach myself from the wickedest soul.
- Mahatma Gandhi
Crime against humanity are particularly odious offence in that they constitute a serious attack on
human dignity, or grave humiliation or a degradation of human-being .
History of the term
The term "crimes against humanity" is potentially ambiguous because of the ambiguity of the
word "humanity", which can mean humankind (all human beings collectively) or the value of
humanness. The history of the term shows that the latter sense is intended
Article 7: Crimes against humanity ROME STATUTE OF THE INTERNATIONAL
CRIMINAL COURT

The permanent International Criminal Court, which came into force in 2002, offers another,
slightly different definition of crimes against humanity. In its founding treaty, the Rome
Statute, crimes against humanity are defined as follows;
For the purpose of this Statute, crime against humanity means any of the following acts
when committed as part of a widespread or systematic attack directed against any civilian
population, with knowledge of the attack:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental
rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or
any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national,
ethnic, cultural, religious, gender
(i) Enforced disappearance of persons;
 (j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or
serious injury to body or to mental or physical health.
Essentially, the Rome Statute employs the same definition of crimes against humanity that the
ICTR does, minus the requirement that the attack was carried out on national, political, ethnic,
racial or religious grounds. In addition, the Rome Statute definition offers the most expansive
list of specific criminal acts that may constitute crimes against humanity to date.
Origin
The phrase crimes against humanity was first employed internationally in a 1915 declaration by
the governments of Great Britain, France and Russia which condemned the Turkish government
for the alleged massacres of Armenians as crimes against humanity and civilization for which
all the members of the Turkish Government will be held responsible together with its agents
implicated in the massacres,
Cases
There have been many examples of prosecutions for crimes against humanity. In addition,
charges for particular crimes against humanity are often brought in conjunction with charges for
particular war crimes in a given prosecution.
WHAT IS GENOCIDE?

The word genocide is defined by Merriam-Webster as, the deliberate killing of people
who belong to a particular racial, political, or cultural group.

Geno- from the Greek word genos , meaning birth, race of a similar kind

cide- from Latin cida, meaning to cut, kill

Genocide has been around for millenniums, and is unfortunately a pressing issue in
todays society.

Article 6: Genocide ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

For the purpose of this Statute, "genocide" means any of the following acts committed
with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Stages of Genocide
1. Classification
2. Symbolization

3. Dehumanization

4. Organization

5. Polarization

6. Preparation

7. Genocide

8. Denial

EXAMPLES OF GENOCIDE

You could track genocide well before the beginning of the Crusades in the 11th century.Some
classic modern history examples are:

The Holocaust

Rwandan Genocide

Darfur Crisis

Why has the UN not stopped genocide ?

Genocide succeeds when state sovereignty blocks international sovereignty blocks

international responsibility to protect. responsibility to protect.

The UN represents state not peoples.

Since founding of UN: Since founding of UN:

Over 45 genocides and politicides

Over 70 million dead
Genocide prevention conflict

Prevention requires:

Early warning
Rapid response
Courts for accountability

Genocide continues due to:

Lack of authoritative international institutions to predict it

 Lack of ready rapid response forces to stop it
Lack of political will to peacefully prevent it and to forcefully intervene to stop it

GENOCIDE TODAY

Believe it or not, genocide is occurring in this moment in the Middle East with the
Islamic State of Iraq and Syria (ISIS).
ISIS originated as a branch off of the group al-Qaeda.
The Arabic group is known for killing dozens of people at a time and carrying out public
executions, crucifixions, beheadings, and other gruesome acts.
Many mosques and other holy temples have been blown up in Syria and Iraq by the
group. Millions have been displaced from their homes.

Where do you start when everything has collapsed?

Security
IDPs and Refugees
Justice
Reconciliation and unity
Governance
Social and economic reconstruction and development
International relations

THE SOLUTION

Genocide has been a major problem due to the fact that many people act out through
terror and acts of genocide when they disagree on certain topics.
Many major first-world nations have acted against genocide and have quenched must of
the rigor of genocide in multiple nations.
In the cases of ISIS, many nations, including the USA, are in the process of taking drastic
measures to stop the Islamic State.
WE as a nation can do our part (in the future) by ensuring we elect grand people in the
2016 Elections here in the USA. Strong leaders brings about strong influence and
sometimes success.

Prevention:

Organize civil society and human rights groups.

Mobilize religious leaders of churches, mosques, synagogues, and temples.
Put genocide education in curricula of every secondary school and university in the
world.
Hold political leaders accountable. If they fail to act to stop genocide, vote them out
of office.them out of office.
 Terrorism
TERRORISM
Terrorism is the use or threatened use of force designed to bring about political change.
Brian Jenkins
WHAT IS TERRORISM?

Is an unlawful act of violence.

Intimidates Governments or societies.
Goal is to achieve political ,religious or ideological objectives

TYPES OF TERRORISM

National Terrorism . Oklahoma City bombing is a primary example

International terrorism United States. Sept. 11 is an example of International Terrorism.

CAUSES OF TERRORISM

Social and political injustice

The belief that violence or its threat will be effective
Religious
Illiteracy
Injustice

IMPACT OF TERRORISM
Economic impact: loss of life, infrastructures, and business. Government spending on
security
Society impact: create atmosphere of suspicion, fear ,and panic all around

Politic impact: makes world politics more complicated and difficult

All terrorist acts are motivated by two things :

Social and political injustices
The belief that violence or its threat will be effective, and usher in change
TYPES OF TERRORISM
CIVIL DISORDER
POLITICAL TERRORISM
NON-POLITICAL TERRORISM
QUASI TERRORISM
 LIMITED POLITICAL TERRORISM
OFFICIAL OR STATE TERRORISM
Prevention of Terrorism
primary (1)Education!!!
(2) Eliminate the root of terrorism Primary prevention:
Secondary (1) Establish surveillance and monitoring system on terrorism attack
(2) Improve protective system for citizens Secondary prevention:
Tertiary (1) Early detection of the sources
(2) Prevent the extension of impairments
(3) Rescue the survivors
(4) Console the rest of the population tertiary prevention:
19th Century-Till Date The Modern Era of Terrorism.
More than 200 Terrorists groups exist. The active terrorist groups all over the World are listed
below:

Lashkar-e-Toiba
Taliban
Al-Qaida
Islamic Jihad

CONCLUSION

Terrorism is unlawful act

Terrorism has a long history of being used to achieve political, religious and
ideological objectives
Terrorism can be conducted through firearms, explosive devices and biological,
chemical, nuclear materials
Even through the events of 2001,the risk of dying from terrorism has remained much
lower than that from motor vehicles, smoking, and alcoholic beverage.
Characteristics of Terrorism

It is exercised by organized groups

It is inspired by Political Motive
Use of Violence is intended to arouse fright or alarm
there is systematic and indiscriminate use of violence and breach of Law

Methods of Terrorism
 Firearms
Explosive and Incendiary Devices
Chemical Agents
Biological Agents
Nuclear Weapon

HOW TERRORISTS OPERATE

ASSAULTS & MURDERS

KIDNAPPING & SKYJACKINGS
ARSON & BOMBINGS
WEAPONS OF MASS DESTRUCTION

Purpose of Terrorism

Fear
Panic
Disruption
Demoralization
Intimidation
Embarrass Government
Media Attention

What is al-Qaeda?
Al Qaeda means the Base. It is a stateless (meaning without a country) terrorist
organization.
It was led and financed by Osama bin Laden, a radical Sunni Muslim.
It is now led by Ayman al-Zawahiri
When did al-Qaeda form?
The beginnings of al-Qaeda go back to the 1980s when the Soviet Union invaded
Afghanistan.
Bin Laden, and the Arab Afghans, fought the Soviet Union in Afghanistan
The Soviet army left in 1988.
We helped the mujahideen fight the Soviets
HISTORY
WHAT: It is a global militant Islamist and takfiri organization.
FOUNDER: Abdullah Yusuf Azzam Osama bin Laden
LOCATED: Peshawar, Pakistan WHEN: August 1988 and late 1989
Origins -The Soviet War in Afghanistan
-Thousands of volunteers from Around the middle East (To defend fellow Muslims)
Operations As a network
-For global Jihad & a strict interpretation of sharia law Multinational &Stateless army Radical
Sunni Muslim
ANTI - AL QAEDA

United Nations Security Council

NATO
European Union
United Kingdom
United States

The Rise of al-Qaeda August 1996

Bin Laden issued a "Declaration of War" against the U.S.

Forge alliances with other radical groups

Rise of al-Qaeda
Bin Laden
- Moved his base of operations to Afghanistan
-The "guest" of the Taliban
-Until Nov. 2001 - U.S. drove them from power
Al-Qaeda
-Set up terrorist training camps in the war-torn nation The Rise of al-Qaeda
The aims of al-Qaeda
To drive Americans and American influence out of all Muslim nations :
>> Saudi Arabia
>> Destroy Israel
>> Topple pro-Western dictatorships around the Middle East
Unite all Muslims
Means : The base
Intention of making Holy war
create a chaotic and violent situation
Expand : Quickly
Known and Feared :From the planning and implementation on 11 Sep 2001 (deadly wreck in
U.S.) six major terrorist attacks
Full name: Osama bin Mohammed bin Awad bin Laden
Born: 10th March 1957 (Saudi Arabian)
Death: 2nd May 2011
1988 - Formed AlQaeda ("Basically an organized Islamic faction, its goal is to lift the word of
God, to make his religion victorious" )
1992 - Banished from Saudi Arabia (shifted to Sudan)
1996 - US pressure forced him to leave Sudan (new base in Afghanistan) Osama Bin Laden
Death: 2nd May 2011 - Shot and killed inside a private residential compound in Abbottabad
(Pakistan) - After 1:00 am. Local time Osama Bin Laden

Narco Terrorism
In Narco terrorism, terrorists making, transporting, and selling illegal drugs to fund terrorists
activities.
Narco terrorism has denoted violence used by drug traffickers to influence governments or
prevent government efforts to stop the drug trade. Example: Making, transporting, and selling
illegal drugs to fund terrorists activities.

Definition of narcoterrorism

: terrorism financed by profits from illegal drug trafficking

Narco-terrorism should become a major issue in bilateral discussions in the international community
Rachel Ehrenfeld

HISTORY

Narcoterrorism is a term coined by former President Fernando Belande Terry of Peru in 1983 when
describing terrorist-type attacks against his nation's anti-narcotics police. In its original context,
narcoterrorism is understood to mean the attempts of narcotics traffickers to influence the policies of a
government or a society through violence and intimidation, and to hinder the enforcement of anti-drug
laws by the systematic threat or use of such violence. Pablo Escobar's violence in his dealings with the
Colombian government is probably one of the best known and best documented examples of
narcoterrorism.

Examples

Afghanistan, to fund operations with sales of opium and heroin in the Afghanistan War

Brazil, where the PCC and other gangs have attacked police and civilian targets in order to strengthen
their position.

Colombia and Peru, which have influential right-wing paramilitary "narco-terrorists" and left-wing
revolutionary guerrillas.
India's D-Company, a Mumbai-based crime syndicate which carried out the 1993 Bombay bombings.

The Islamic Movement of Uzbekistan is said to fund itself through heroin trafficking.

The Kurdistan Workers' Party (PKK) in Turkey, who smuggle heroin from Turkey into Europe.

Threats posed by Narcoterrorism

Narcoterrorism is presenting threats not only to the nations occupied or that harbor these groups but to
the world at large. The threat facing America from narcoterrorism is very serious and growing. The close
relationships between Mexican cartels and Colombian drug producers like FARC is very alarming.

Extraordinary rendition
the process by which a country seizes a person assumed to be involved in terrorist activity and then
transports him or her for interrogation to a country where due process of law is unlikely to be respected

Extraordinary rendition, also called irregular rendition, or forced rendition, is the government-sponsored
abduction and extrajudicial transfer of a person from one country to another. It is most prominently
carried out by the United States government, often with the collusion of other countries: overall, 54
countries are known to have been involved with US extraordinary renditions.

Can extraordinary rendition ever be justified?

Yes...

Public safety is a greater good than following rules that allow terrorists to flourish in our
midst
Peacetime laws do not apply in times of war
Rendition is not a new tactic, and governments often use illegal methods to protect national
security - they maintain secret services for just such purposes

No...

If we permit the torture of terrorists to give us the illusion of safety, we undermine our society's
core respect for human dignity
Intelligence gained from torture is unreliable and cannot be used in a court to convict terror
suspects
The rule of law is the bedrock principle upon which free societies are built - we cannot violate it
whenever it suits us

The United Nations considers one nation abducting the citizens of another a crime against humanity.

History- The first known foreign rendition by the US was that of airline hijacker Fawaz Younis who, in
September 1987, was abducted after being lured on a yacht in Italy and brought to the U.S. for trial,
authorized by President Ronald Reagan.[4] President Bill Clinton authorized extraordinary rendition to
nations known to practice torture, called torture by proxy

Reported methodology

Airline flights
"Black sites"

Example cases
 Khaled Masri case
Abu Omar case
Majid Mahmud Abdu Ahmad case
Muhammad Bashmila case
Maher Arar case

Terrorism and transnational crime

Similarities Between Terrorist and Organized Crime Groups

Hierarchy structure
Operate secretly
Underground network
Control over the individual is strong
front organizations (Businesses or Charities)

Differences Between Terrorist and Organized Crime Groups Terrorist

ideologically or politically motivated

seek media attention
Victimization is generally less discriminate
wish to compete with governments for legitimacy Organized Crime
profit-oriented
Do not seek media attention
Victimization is generally less discriminate

Globalisation
The result of globalisation has been a massive growth in the following forms of crime:

dealing in illicit drugs

illegal trafcking in weapons

illegal trafcking in human beings

Corruption

violent crimes, including terrorism

war crimes

Transnational organised crime estimated by UN to be worth 1 trillion per year

There is both a demand side (the West) and a supply side (developing/third world countries)

The global criminal economy could not function without a supply side that provides drugs, sex
workers, payments to corrupt ofcials and so on
 This can take many forms:

Trafficking and smuggling people

Trafficking body parts

Sex Tourism

Cyber Crime

conclusion

Globalisation also results in opportunities for cross-border crime e.g. illegal arms dealing, computer
fraud, drug trafcking.

Globalisation increases the possibility of white-collar crime because of more open borders and
the internet.

Violence is also taking on a global dimension.

INTERNATIONAL CRIME

Definitions

broad term covering any crime that is punishable by a state but that has international origins or
consequences or a crime recognised by the international community as punishable

Categories of International Crime

Can be divided into 2 main categories:

Crimes against the International Community- Crimes outlined in international agreements, or

part of international customary law. There is no one list of Crimes that fit this category, but most
nations agree that the following are crimes against the international community-
GENOCIDE,WAR CRIME, PIRACY AT SEA, SLAVE TRADING,HIJACKING OF AIRCRAFT

Transnational Crime -Crimes that are committed in more than one country. Example human
trafficking, terrorism, drug importation.

Dealing with International Crime

Domestic Measures - It incudes the following

Sign international agreements

Ratify international agreements

Fund law enforcement agencies to deal with international crime

International Criminal Court -The UN cannot create nor enforce legally binding laws

There is no international parliament

There is no international police force

International crime may refer to:

Crime against international law

Crime against humanity
Crime against peace
War crime
International criminal law

or it may refer to transnational crime and transnational organized crime. The four biggest areas of
transnational crime are:

Drug trafficking
Arms trafficking
Money laundering
Smuggling of cultural artifacts

Is there a statute of limitations on international crimes?

There is no statute of limitations on international crimes. In 2002, for instance, Mexico ratified the
Convention on the non-applicability of statutory limitations to war crimes and crimes against humanity,
which means that, as a matter of treaty law, these international crimes cannot be statutorily barred from
prosecution in Mexico. International crimes can also not be subject to amnesty.

Can international crimes be prosecuted in domestic courts?

International crimes can and should be tried in domestic courts. The preamble to the Rome Statute states
that the court will complement the jurisdictions of national criminal courts, and that it is the duty of
every State to exercise its criminal jurisdiction over those responsible for international crimes . National
courts have the primary responsibility for trying international crimes: the ICC only steps in when local
courts cannot or will not act.

corporate liability
In criminal law, corporate liability determines the extent to which a corporation as a legal person can be
liable for the acts and omissions of the natural persons it employs.

It is sometimes regarded as an aspect of criminal vicarious liability, as distinct from the situation in which
the wording of a statutory offence specifically attaches liability to the corporation as the principal or joint
principal with a human agent.

Disorganised crime
Disorganised crime is a term used to describe operations run by career criminals, whose work is
characterised by slack administrative practices and chaotic working arrangements. These criminal
activities are usually conducted for the purpose of monetary gain, although the profits are rarely invested
wisely.

Extradition
Extradition is a process by which a person accused or convicted of a crime and is formally
transferred to a State where he is wanted for trial or to serve his sentence.
 The principle of Extradition

The principle of double criminality means that the extradition is available only when the
act is an offense in both jurisdictions.

The principle of speciality, an extradited individual can be tried only for offenses
specified in the extradition request the object of this principle is to prevent blanket
extradition requests.

The requesting state pledges to judge the requested person only for the crime for which
extradition was requested, and not for any other.

political exception

The political exception is not required by international law, and must be clearly distinguished
from provisions in domestic law or mutual legal assistance or extradition treaties that assistance
of extradition may be refused if the real purpose of a request is to prosecute or persecute the
person for his political opinion rather than the crime itself.

Procedure of extradition

Each member state must comply with a request from a court or prosecutor of another
member state for the execution of an arrest warrant issued by him for a person accused of
an offence carrying a minimum sentence of twelve months imprisonment.

The arrest warrant need only contain a description of the circumstances in which the
offence was committed

The judicial authorities, not the executive, decide on the request.

Offences that are Extraditable and non Extraditable

Extraditable offenses are those punishable under the laws of both Parties by
imprisonment or deprivation of liberty.

A crime is considered non-extraditable if the laws of both countries are not the same and
if both countries dont have an established treaty.

Restriction: - As for as Extradition is concerned, it mostly depends upon treaties. But before,
the conclusions of a treaty the nation-states usually consider the following restrictions
established by Courts in this behalf;

1. Existence of a Formal Treaty: - The existence of a formal treaty is also sometimes

becomes much necessary. Because, it is generally a matter of bilateral treaty. So, mere
agreement or notification is not sufficient to bind the state to extradite a criminal.
 2. Honour of Treaty: - In case of a treaty for extradition it is important to fulfill all the
conditions and terms of the said treaty.

3. Political Criminal: - There is an important principle in international law that the

political criminal shall not be extradited. It is also a restriction on the scope of
extradition.

3. Military Criminals: - Military criminals shall also not be extradited who have not
been charged of war crimes.

4. Religious Criminals: - Religious persons shall also not beextradited.

5. The Rule of Speciality: - The extradition of a criminal for a particular crime entitles
the requesting state only to prosecute him for that crime and not otherwise, the rule is
said to be rule of speciality. It is also a bar on the soul extradition.

6. Double Criminality: - Another bar on the extradition is the principle of double

criminality.

7. Prima facie Evidence: - Prima facie evidence is another restriction on the scope of
extradition. It means that there should be sufficient evidence for crimes relating to
extradition.

8. Fulfillment of Formalities: - It is also equally important to fulfill all other formalities

as are necessary for extradition.

Conclusion: - So, in the light of the above discussion it may be concluded, that extradition is
subjected to many restrictions. And an attempt should be made to overcome such restriction.
Because, it is inevitable to punish a person for the crime committed by him in the administration

International Criminal Police Organization INTERPOL

The International Criminal Police Organization INTERPOL is the largest international police
organization, with 190 member countries, which is the world's second largest international organization

The Vision: "Connecting police for a safer world".

The Mission: "Preventing and fighting crime through enhanced cooperation and innovation on police and
security matters"

Created in 1923, supports and assists all organizations, authorities and services whose mission is to
prevent or combat international crime.

The headquarters of the organization is in Lyon, France

work focuses on public safety, terrorism, organized crime, drug trafficking, arms trafficking, human
trafficking, money laundering, child pornography, economic crime and corruption.

STRUCTURE
 General Assembly

Executive Committee

General Secretary

History

The idea of INTERPOL was born in 1914 at the first International Criminal Police Congress, held in
Monaco. Officially created in 1923 in Wien, in Austria, by the policechief Johannes Schober, as the
International Criminal Police Commission, the Organization became known as INTERPOL in 1956.

Between 1938 and 1945 the organization was led by four different Nazi SS officers; Otto Steinhusl,
Reinhard Heydrich, Arthur Nebe and Ernst Kaltenbrunner They were all killed during World War II or
executed as war criminals at the end of the conflict.

The flag has been in use since 1950. It has a light-blue background;

The emblem is in the centre;

The four lightning flashes arranged symmetrically around the emblem symbolize telecommunications
and speed in police action.

Constitution of Interpol

Art. 2 ( AIMS): 1. to ensure and promote the widest possible mutual assistant between all criminal police
authorities w/n the limits of the laws existing in the different countries and in the spirit of the
UNIVERSAL DECLARATION OF HUMAN RIGHTS.

2. to establish and develop all institution likely to contribute effectively to the prevention and suppression
of ordinary law crimes.

Art. 3 ( Strictly forbidden activities to intervene by the organization)

POLITICAL

MILITARY

RELIGIOUS

Or Racial character

Art. 4 (Membership)

any country may delegate as a member to the Organization any official police body whose function
come w/n the framework of activities of the Organization

STRUCTURE AND ORGANIZATION

The International Criminal Police Organization- Interpol shall compromise:

The General Assembly

Functions: (art. 8)

a) to carry out the duties lay down in the constitution

b) To determine principles and lay down the general measures suitable for attaining the objectives of the
Organization as given in art. 2 of the constitution;

c) To examine and approve the general programe of activities prepared by the secretary general for the
coming year.

d) To determine any other regulations deemed necessary; e) To elect persons to performed function
mentioned in the Constitution;

f) To adopt resolution and make recommendations to members on matters w/ w/c the Organization is
competent to deal;

g) To determine the financial policy of the Organization; h) To examine and approve any agreements to
be made w/ other organization.

The Executive Assembly Composed of;

1. One President

1. Three Vice-president

2. And nine delegates

3. Thirteen members coming from

The General Secretariat

The National Central Bureaus

The Advisers

The Commission for the Control of Files

CRIME AREAS

Interpol expertise

Training and capacity building

Data exchange

Databases

Notices

Command & Coordination Centre

Response teams

Forensics

Intelligence analysis

Border management

Training and capacity building

 Data exchange I-24/7: a secure global police network

Notices -INTERPOL Notices are international requests for cooperation or alerts allowing police in
member countries to share critical crime-related information.

In addition, Notices are used by the United Nations, International Criminal Tribunals and the International
Criminal Court to seek persons wanted for committing crimes within their jurisdiction, notably genocide,
war crimes, and crimes against humanity.

Purple Notice- To seek or provide information on modi operandi, objects, devices and concealment
methods used by criminals.

Black Notice- To seek information on unidentified bodies.

Green Notice -To provide warnings and intelligence about persons who have committed criminal
offences and are likely to repeat these crimes in other countries.

Orange Notice To warn of an event, a person, an object or a process representing a serious and imminent
threat to public safety.

Red Notice- To seek the location and arrest of wanted persons with a view to extradition or similar lawful
action.

Yellow Notice -To help locate missing persons, often minors, or to help identify persons who are unable
to identify themselves

Blue Notice To collect additional information about a persons identity, location or activities in relation to
a crime.

United Nations Convention Against Transnational Organized Crime

The United Nations Convention against Transnational Organized Crime (UNTOC) is a 2000 United
Nations-sponsored multilateral treaty against transnational organized crime. The Convention was adopted
by a resolution of the United Nations General Assembly on 15 November 2000. It is also called
the Palermo Convention, and its three supplementary protocols (the Palermo Protocols) are:

Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children;
and

Protocol against the Smuggling of Migrants by Land, Sea and Air.

Protocol against the Illicit Manufacturing and Trafficking in Firearms

All four of these instruments contain elements of the current international law on human trafficking, arms
trafficking and money laundering. The United Nations Office on Drugs and Crime (UNODC) acts as
custodian of the UNTOC and its protocols.
The Convention came into force on 29 September 2003. As of June 2016, it has 187 parties, which
includes 182 United Nations member states, the Cook Islands, the Holy See, Niue, the State of Palestine,
and the European Union. The 11 UN member states that are not party to the Convention .
Background history
 Nov 1994: Naples, Italy- World Ministerial Conference on Organized Transnational Crime
adopted the Political Declaration and Global Action Plan against Organized Transnational
Crime
Dec 1998: UN General Assembly established the Ad Hoc Committee to draft the TOC
Convention plus its 3 Protocols
15 Nov 2000: UN General Assembly adopted the Convention
12-15 Dec 2000: At a High-level Political Conference- signed by the member states- in Palermo,
Italy
29 Sep 2003: Convention entered in to force (in accordance with Art 38)

Aims- promote cooperation to prevent and combat transnational organized crime more effectively

Significance- it is the main international instrument to combat transnational organized crime

Key Provisions: Structure of the Convention:

PREVENTION
PROTECTION of WITNESSES and VICTIMS
INTERNATIONAL COOPERATION
CONFISTICATION & SEIZURE
CONTROL MEASURES
TRAINING AND TECHNICAL ASSISTANCE
STANDARDISED TERMINOLOGY
CRIMINALIZATION of OFFENCES

Scope of the convention(Art 3)- The Convention framework applies to the prevention, investigation and
prosecution of:

the offences established by this Convention (e.g. money laundering)

Serious crime (offences punishable by a minimum deprivation of liberty of at least four years or
more)
where the offence is
transnational in nature and

involves an organized criminal group (Art 3.1)Scope of the Convention

When is it Transnational in nature?

An offence is transnational in nature if-

It is committed in more than one states
It is committed in one state but a substantial part its preparation, planning, direction or control
takes place in another state
it is committed in one state but involves an organized criminal group that engages in criminal
activities in more than one state ;
it is committed in bit substantial effect in another state

This Convention consists of forty-one articles that require States Parties to criminalize, inter alia,
participation in an organized group (article 5), the laundering of the proceeds of crime (article 6), and
corruption (article 8). States Parties are additionally obligated to adopt measures for the prosecution of
offenders (articles 10 and 11), and for the confiscation and seizure of, inter alia, the proceeds of such
crimes (articles 12 to 14). Each protocol sets out a number of obligations for each of the three specific
sub-areas of transnational organized crime that are focused upon.

Confiscation outline (Art 12-14)

Items subject to confiscation (Art 12)

proceeds of crime derived from to offences covered by Convention

property, equipment or instruments used to commit offences covered by Convention

Regime for international cooperation (Art 13)

one State enforces a Regime for confiscation order from international another State or;
cooperation
one State obtains a confiscation order based on request by other State Disposal of

Disposal of confiscated items (Art 14)

Returning of confiscated items

Asset sharing

Problems and future prospects

Dual Criminality Restrictive interpretations and safe harbours.

Harmonisation Substantial correspondence of elements of crime.
Some countries find it difficult to ratify the Convention due to domestic law principles e.g.
criminalising conspiracy
Effective monitoring and review measure of cooperation and compliance. Signatures and
ratification enough? Self Assessment checklist
Empirical data capture day to day effectiveness?
Recovery and return of proceeds Disposal v Return. cf UN Convention against Corruption- the
one who seizes, returns policy Difference

Conclusion

UNTOC opens the gate to international cooperation for many countries

Gradual change through legitimacy rather than force
Not used alone works alongside other treaties and provides a basis for future instruments
Flexible crimes not apparent at the moment can be subject to the convention
cyber crime
cyber terrorism

impact
Transnational organized crime is widely opposed on the basis of a number of negative effects. It can
undermine democracy, disrupt free markets, drain national assets, and inhibit the development of stable
societies. In doing so, it has been argued, national and international criminal groups threaten the security
of all nations. The victims of these transnational crime networks are governments that are unstable or not
powerful enough to prevent them, with the networks conducting illegal activities that provide them with
profits. Transnational organized crimes interrupt peace and stability of nations worldwide, often using
bribery, violence, or terror to meet their needs.
Why should we be concerned? The threat posed by transnational organized crime is often misunderstood.
There is a tendency to oversimplify, and, in particular, to equate the damage done by organized crime with
the amount of violence associated with the market. But the threat posed is much deeper than a body
count, tragic though this loss of life may be. Many forms of organized crime do involve violence or the
threat of violence. For example, to subjugate human trafficking victims, violence or the credible threat of
violence is almost always present. In other markets, violence is needed to ensure contract compliance and
to resolve disputes. Professional criminals may seek to minimize the extent of violence to ensure the
smooth flow of profits and to avoid unwanted attention, but few would be able to conduct their business
without recourse to the gun. Relying on homicide figures as a proxy for the threat would be a big mistake,
however, because some of the areas most afflicted by organized crime have very low violence levels, just
as some authoritarian societies have very low crime rates. Typically, the better organized the crime, the
less violence associated with it. The groups concerned have paid off the appropriate officials, resolved
intra- and intergroup tensions, and terrified the public to the extent that very little additional violence is
required. As noted above, crime groups sometimes provide social services and support that the state does
not, winning them popular support. If law enforcement is ever roused into action, the violence associated
with this disruption of the criminal equilibrium can even fuel calls for enforcement to desist. So, the real
threat of organized crime cannot be reduced to the violence associated with criminal markets. Rather, it is
best described under two headings: s Direct impacts, which are essentially the reasons each criminal
activity was prohibited in the first place; s Indirect impacts, in particular the ways organized crime as a
category undermines the state and legitimate commercial activity. Direct impact It is easy to lose sight of
the reasons why organized criminal activities were prohibited in the first place. For some markets, like
drug trafficking or migrant smuggling, most of the parties are willing participants. Many die as a result of
their choices, but in a world increasingly governed by the principle of let the buyer beware, it is possible
to absolve ourselves of responsibility for this loss. Unless we happen to know one of the victims, these
personal costs are not tallied as social costs, and so the impact of crime becomes obscured. In addition,
the impact of organized crime is often realised in a different country than that where the profits accrue.
Crimes may appear victimless when the victims are located on the other end of the world, and criminals
who bring in money by exporting problems may receive popular support. For example, people residing in
the under-governed areas of countries that produce drugs may see no problem with working for the
trafficking groups, who may provide more security and support than the state. The drug addicts are
located overseas, and so do not form part of the calculus of local actors. Similarly, those who use drugs in
developed countries rarely consider the way that their consumption may be affecting violence and
stability in producer and transit countries. Only when viewed globally are the net costs of trafficking
apparent, and only national governments, not their organized crime substitutes, have any incentive to look
globally. Certain drugs are prohibited because they cause addiction and lead to serious physical and
mental health problems. The impact inevitably extends beyond the users, affecting their families,
communities and the society at large. The costs of drugrelated accidents, lost productivity, child neglect
and abuse, psychological damage and the like are tremendously difficult to tally. It is a challenge to
simply estimate the number of drug addicts in the world. Addicts in developing countries often go
uncounted, while some of those in richer nations handle the matter privately. Based on the available data,
it is possible to estimate that between 172 million and 250 million adults used illicit drugs in 2007. On the
upper end, this is more than the population of any but the three largest nations in the world. Perhaps 18 to
38 million could be classed as problem drug users. On the upper end, this is more than the populations
of Switzerland, Bulgaria, Honduras, Israel, and Hong Kong, China combined. We also know that some
4.4 million people are currently in drug treatment worldwide, equivalent to the entire population of
Ireland. Studies of people arrested for a range of crimes in the United States, Australia, and elsewhere
have found that most test positive for drug use. In a 2008 study in the United States, 87% of people
arrested in 10 major cities tested positive for drugs.31 Few would dispute the seriousness of the crime of
human trafficking, but far less is known about its extent. Based on data from 111 countries and territories
(not including China or India), 21,400 victims were detected world-wide in 2006. These are just the
victims detected, and it is estimated that only one in 20 or one in 30 victims are ever recognised. If true,
this represents and immense pool of human suffering. In addition, there are as many as a million images
of child pornography currently circulating on the Internet, each of which represents an act of human
trafficking and a crime against the most basic moral principles. The impact of these crimes is impossible
to quantify. Many mistakenly believe the primary impact of product counterfeiting is loss of revenues to
rights holders, but the crime has far more serious implications. Manufacturers of counterfeits have little
incentive to adhere to safety regulations, since they have no reputation to protect or liability to fear.
Substandard or outright hazardous products, from toys to auto break pads, pose a serious public safety
threat. Of greatest concern is counterfeit medication, which, in addition to hastening the death of the
many who go untreated, can contribute to the generation of drug-resistant strains of the most deadly
pathogens. The profits generated through natural resource smuggling are driving whole ecosystems to the
brink of extinction. The true costs of this crime are impossible to reduce to a dollar figure a world less
diverse, the end of whole life forms, a shortsighted error impossible to correct. Indirect impact Aside from
the damages directly caused by specific forms of crime, there is one that is common to all: the insidious
erosion of state control. Traditional organized crime groups displace state authority, by filling the
governance niches neglected by the official structures and by co-opting whatever vestigial state agents
remain. In other words, organized crime groups gradually undermine the authority and the health of the
official government. Why is this a problem? Insofar as the official state structures provide value, this
value is threatened by the growth of parallel structures. Organized crime groups are inherently
unaccountable, they are not subject to democratic controls, and their chief aim is the enrichment of their
membership, not the advancement of society. Where they are predominant, development can become
impossible, because any contract that is not to the advantage of the dominant groups will be nullified. In
areas where the official state structures are particularly bad, organized crime groups may appear relatively
attractive. But the solution in these cases is to improve governance, not to cede authority to those who
enrich themselves through antisocial activities. Since the network groups do not seek to wrest territory
from state control, their impact is even more insidious, but can be just as important. Most transnational
trafficking requires smuggling, and the surest means of smuggling is through corruption. In poorer states,
the corruption can go straight to the top, and the highest authorities can quickly become manipulated by
traffickers. If opposed, these groups can engineer the removal of problematic officials, up to and
including the chief executive. If the state is uncooperative, it can support opposition groups or insurgents.
Under these circumstances, the rational choice may be to give in to the traffickers. This is a situation the
international community cannot afford to permit.

ICC
Permanent international court established to investigate, prosecute and try individuals accused of
committing the most serious crime of concern to the international community as a whole, namely the
crime of genocide, crimes against humanity, war crimes and the crime of aggression.
Established in July 2002.
 Seat of the court- The Hague, Netherlands
The ICC has jurisdiction only with respect to events which occurred after the entry into force of its
Statute on 1 July 2002.
History
The Nuremberg and Tokyo tribunals were established in the wake of the Second World War. In 1948,
when the Convention on the Prevention and Punishment of the Crime of Genocide was adopted, the
United Nations General Assembly recognized the need for a permanent international court to deal with
the kinds of atrocities which had just been perpetrated.
However, while negotiations on the ICC Statute were underway at the United Nations, the world was
witnessing the commission of heinous crimes in the territory of the former Yugoslavia and in Rwanda. In
response to these atrocities, the United Nations Security Council established an ad hoc tribunal for each of
these situations.
These events undoubtedly had a most significant impact on the decision to convene the conference
which established the ICC in Rome in the summer of 1998.
Established: 1 July 2002

* Roma Statute entered into force

* Hague , The Netherlands

State parties: 122

* Superpower states USA, Chine, Russia are not yet members

Jurisdiction: International Crimes

* War Crimes, Crimes against humanity, Genocide

CRITICISM
Time
Thomas Lubenga Dyilo
Seven years (found guilty on 14 march 2012)
Politics
African Criminal Court?
Enforcement mechanism
The Security Council Resolution 1593
Adopted on 31 march 2005
President Omar Al-Bashir (Sudan)
State parties
 President Uhuru Kenyatta (Kenya) Abdirizak Hagi Rules of Procedure and Evidence

ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

PART 1. ESTABLISHMENT OF THE COURT

Article 1: The Court

An International Criminal Court ("the Court") is hereby established. It shall be a permanent

institution and shall have the power to exercise its jurisdiction over persons for the most serious
crimes of international concern, as referred to in this Statute, and shall be complementary to
national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed
by the provisions of this Statute.

Article 2: Relationship of the Court with the United Nations

The Court shall be brought into relationship with the United Nations through an agreement to be
approved by the Assembly of States Parties to this Statute and thereafter concluded by the
President of the Court on its behalf.

Article 3: Seat of the Court

1. The seat of the Court shall be established at The Hague in the Netherlands ("the host State").

2. The Court shall enter into a headquarters agreement with the host State, to be approved by the
Assembly of States Parties and thereafter concluded by the President of the Court on its behalf.

3. The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.

Article 4: Legal status and powers of the Court

1. The Court shall have international legal personality. It shall also have such legal capacity as
may be necessary for the exercise of its functions and the fulfilment of its purposes.

2. The Court may exercise its functions and powers, as provided in this Statute, on the territory
of any State Party and, by special agreement, on the territory of any other State.

PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW

Article 5: Crimes within the jurisdiction of the Court

1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
 (a) The crime of genocide;

(b) Crimes against humanity;

(c) War crimes;

(d) The crime of aggression.

2. The Court shall exercise jurisdiction over the crime of aggression once a provision is
adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions
under which the Court shall exercise jurisdiction with respect to this crime. Such a provision
shall be consistent with the relevant provisions of the Charter of the United Nations.

Article 6: Genocid

Article 7: Crimes against humanity

Article 8: War crimes

Article 9: Elements of Crimes

1. Elements of Crimes shall assist the Court in the interpretation and application of articles
6, 7 and 8. They shall be adopted by a two-thirds majority of the members of the Assembly of
States Parties.

2. Amendments to the Elements of Crimes may be proposed by:

(a) Any State Party;

(b) The judges acting by an absolute majority;

(c) The Prosecutor.

Such amendments shall be adopted by a two-thirds majority of the members of the Assembly of
States Parties.

3. The Elements of Crimes and amendments thereto shall be consistent with this Statute.

Article 10

Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or
developing rules of international law for purposes other than this Statute.

Article 11: Jurisdiction ratione temporis

1. The Court has jurisdiction only with respect to crimes committed after the entry into
force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise
its jurisdiction only with respect to crimes committed after the entry into force of this Statute for
that State, unless that State has made a declaration under article 12, paragraph 3.

Article 12: Preconditions to the exercise of jurisdiction

Article 13: Exercise of jurisdiction

Article 14: Referral of a situation by a State Party

1. A State Party may refer to the Prosecutor a situation in which one or more crimes within
the jurisdiction of the Court appear to have been committed requesting the Prosecutor to
investigate the situation for the purpose of determining whether one or more specific persons
should be charged with the commission of such crimes.

2. As far as possible, a referral shall specify the relevant circumstances and be accompanied
by such supporting documentation as is available to the State referring the situation.

Article 15: Prosecutor

Article 17: Issues of admissibility

Article 18: Preliminary rulings regarding admissibility

Article 19: Challenges to the jurisdiction of the Court or the admissibility of a case

PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW

Article 22: Nullum crimen sine lege

1. A person shall not be criminally responsible under this Statute unless the conduct in
question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.

2. The definition of a crime shall be strictly construed and shall not be extended by analogy.
In case of ambiguity, the definition shall be interpreted in favour of the person being
investigated, prosecuted or convicted.

3. This article shall not affect the characterization of any conduct as criminal under
international law independently of this Statute.

Article 23: Nulla poena sine lege

A person convicted by the Court may be punished only in accordance with this Statute.

Article 24: Non-retroactivity ratione personae

1. No person shall be criminally responsible under this Statute for conduct prior to the entry
into force of the Statute.

2. In the event of a change in the law applicable to a given case prior to a final judgement,
the law more favourable to the person being investigated, prosecuted or convicted shall apply.

Article 26: Exclusion of jurisdiction over persons under eighteen

The Court shall have no jurisdiction over any person who was under the age of 18 at the time of
the alleged commission of a crime.

Article 28: Responsibility of commanders and other superiors

Article 30: Mental element

Unless otherwise provided, a person shall be criminally responsible and liable for punishment
for a crime within the jurisdiction of the Court only if the material elements are committed with
intent and knowledge.

Geneva Conventions
Purpose- To provide rules dictating the treatment of prisoners and civilians during war.

Laws of War

We will not inflict unnecessary destruction or suffering

We will treat prisoners of war, captured or detained personnel, and civilians humanely.
We will not obey orders whose execution are in violation of the laws of war.
We are responsible for our unlawful acts
We are entitled to humane treatment if captured

Four Conventions

Geneva Convention dealing with wounded and sick in armed forces in the field.
Geneva Convention dealing with wounded, sick and shipwrecked members of armed
forces at sea.
Geneva Convention dealing with treatment of prisoners of war.
Geneva Convention dealing with the protection of civilian persons in timeof war.

Additional Protocols from 1977

Protocol I: deals withthe protection of victims of international armed conflicts.

Protocol II: deals with the protection of victims ofnon-international armed conflicts.

Some of the basics

Signatories must abide by the rules, even if the enemy does not
 Prisoners and Civilians must be treated humanely
Property must be respected to the greatest extent possible

What you can not do

No taking of hostages
No cruel treatment or torture
No summary executions
No humiliating or degrading treatment

What constitutes a P.O.W.?

Members of a recognized military

Members of a recognized militia
o Must have a responsible leader
o Must have distinguishable uniform / insignia
o Must carry arms openly
o Must conduct operations w/in the laws of war
Correspondents / News media / Contractors
Merchant sailors
Interned civilians of an occupied territory

Creation of the International Criminal Court

Can try people and even national leaders for war crimes.
Children under 18 can not be charged

What is Torture?

The Geneva Convention Article 17

No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of
war to secure from them information of any kind whatever. Prisoners of war who refuse to
answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous
treatment of any kind. August, 1949

The Geneva Convention Article 130

Grave breaches to which the preceding Article relates shall be those involving any of the
following acts, if committed against persons or property protected by the Convention: willful
killing, torture or inhuman treatment, including biological experiments, willfully causing great
suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces
of the hostile Power, or willfully depriving a prisoner of war of the rights of fair and regular trial
prescribed in this Convention. August, 1949
Arguments in Support

Gain valuable information quickly

Everyone else is doing it
They are not prisoners of war

They are not POWs argument

Geneva Convention restrictions apply to prisoners of war, i.e., soldiers from other
countries armies.
Terrorist groups are not nation states and thus not deserving of Geneva Convention
protections
Terrorist groups do not respect the Geneva Convention and are not signatories to it.
Sees morality as a contract and some people (terrorists) as not accepting the contract. </l

Arguments Against Torture

The Inefficiency Argument

It doesnt work
Ill tell you anything just make it stop!
The Slippery Slope
The Reciprocity Argument
o If we do it, so will our enemy
The Consistency Argument
o If we do it we are saying it is ok to do it
The Dignity Argument
o We lose the moral advantage
o liJohn McCains argument