02.05 - 02.05.07 PACS 119 Review If you are a victim and...

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02.05.07 PACS 119: Review: If you are a victim and your case is determined for your favor you get punitive damages. Geneva Conventions and erga omnes : - GC I Art 49, GC II Art 50/ GC III Art 129/ GC IV Art 146: o All state parties “shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed such grave breaches, and shall bring such persons, regardless of their nationality before its own courts” o Grave breaches (of humanitarian law= how you treat noncombatants, and POW in times of war) GC I Art 50/ GC II Art 51/ GC III Art 130/ GC IV Art 146 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 the rights of fair and regular trial; Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly Rape and other forms of sexual violence (explicit reference in ICC Statute) - Use of WMDs: Grave breach of humanitarian law? Criminal offense? o Deller et al. 116: yes it is a breach - Binding force: o ICJ Statute Art 59: “The decision of the Court has no binding force except between the parties and in respect of that particular case.” o ICJ Statute Art 105.1: Enforcement of the sentence “…the sentence of imprisonment shall be binding on the state parties, which shall in no case modify it…”
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Genocide - Def: Rome Statute Art 6: o For the purpose of this statute genocide means any of the following acts committed with the intent to destroy in whole or in part, a national, ethnical racial or religious group as such: Killing members of the group Causing serious bodily or mental harm to members of the group Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part Imposing measures intended to prevent births within the group Forcibly transferring children of the group to another group.”
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