Sunday, February 23, 2020

International criminal law Essay Example | Topics and Well Written Essays - 2000 words

International criminal law - Essay Example urder or conspiracy to kill members of a particular group with the aim of eradicating that group in totality.1 For genocide to qualify as a crime it must have two elements namely; the physical element and the mental component. The physical component involves committing five acts that are stipulates in Article two of the Convention that include; forcibly transferring children of a particular group to another one, killing members of a certain group, imposing measures or rather sanctions that are of the intent of hindering births within a particular group and causing mental and bodily torture to members of a group. The mental element is primarily based on the intent to destroy partly or in whole a religious, national, ethnic or racial setting. 2 In order for a crime to be regarded as genocide, it has to satisfy the provision of the two elements to make the perpetrators culpable under the internal criminal law. Both factors are crucial in forming the premise of genocide as a crime since none of them is independent, and thus they have to be satisfied to substantiate the crime. 3 Article three of the Genocide Convention outlines five distinct acts that are punishable in the context of the crime of genocide. These acts are as follows; complicating in genocide, attempt to commit genocide, genocide, direct and public incitement to commit genocide. When the actions outlined in this article are combined with the actual acts described in Article two of the Convention the result is the crime of genocide. Under the Convention of Genocide, the law protects four particular groups whose execution should amount to genocide. A religious group involves one whose members share common religious practices and beliefs. An ethnic group is that whose members can be identified by a common language or any other cultural identities. A racial group is primarily people who can be defined by standard physical characteristics for instance; skin colour. A national group is composed of individuals

Friday, February 7, 2020

EU Law Essay Example | Topics and Well Written Essays - 2250 words

EU Law - Essay Example The first elections of the European parliament â€Å"by direct universal suffrage† took place in June 1979 (Europa, 2007). Since then these elections take place every five years giving more strength and responsibility to the Parliament. In European Union, EP is the only directly elected body. Every five year, 27 member states select 736 Members, which represent 500 million people of EU (EuroParl, 2011a). It covers every sphere of EU’s citizens life; civil, social, political, economical and environmental. Its domain of control is huge. Gradually EU’s parliament has gained a position of â€Å"co legislator† for all the new laws and amendments. Few people say that it has given increased powers and it can exercise it anywhere it wants. It has given supervisory powers in law making; even the Central bank cannot select its president without EU’s Parliaments assent. EuroParl (2011a) writes, â€Å"The European Parliament and the Council must adhere to the annual spending limits laid down in the multiannual financial perspective.† It has all the controlling power in monetary matters. It can also set up inquiries over controversial matters. EuroParl (2011b) writes, â€Å"With the entry into force of the Lisbon Treaty, the Parliament became a true co-legislator for the EU's entire annual budget, deciding on it in close collaboration with the Council.† The whole document is repeatedly filled with such sentences. â€Å"The European Parliament and the Council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish†¦Ã¢â‚¬ ... In 1990, unification of Germany took place. On the other hand, Treaty of European Union, the new treaty was negotiated by the members of the EU, taking place at Maastricht in Dec 1991. It was put to force in Nov 1993. EP’s role under Maastricht Treaty stretched and each citizen regardless of its nationality was given the right to vote in the elections of the European Parliament. During March 2000, EU wore a new, modernized face enabling Europe to emerge as a giant business Union, concerning many other issues like, education, information, environment, unemployment etc. People, who were voters of EU were getting really restless demanding their Governments to find real solutions of their problems. EU has been evolving ever since it came into being along with its parliament’s powers and functions. This enhanced cooperation procedure, introduced firstly in Amsterdam treaty, has come a long way and literally plays a role in most of the EU matters. EU’s parliament eithe r has to give consent or has to be kept informed throughout. The main provision of Nice treaty was to change the decision-making process to make it more democratic. French and Dutch voters discarded the constitutional treaty and took 18 months to process the reforms. In December 2007 Lisbon treaty was signed by all the EU members and it is currently being endorsed. This treaty gave increased powers to European parliament at three fronts; Legislative, budgetary and supervisory powers. Witte, et al. (2010, pp.67) states, â€Å"Lisbon treaty has entrusted the EP with more active role in law making.† Enhanced co operation procedure was initiated in 1987, in which EP was free to give opinions and regulate directives proposed by the EC and