Правовая терминология в контексте международного права (английский язык для студентов юридических вузов и факультетов). Учебное пособие

against humanity and war crimes where national judicial systems fail genuinely to investigate or prosecute such individuals. The Court is located in The Hague.

Why dothcou tries need an InternationalmoreC iminal Court?

The 20 century saw some of the worst atrocities in the history

of humanity. In the past fifty years alone, than 86 million civilians have died in over 250 conflicts. Despite international laws forbidding genocide, crimes against humanity and war crimes, there has been no reliable system for enforcing these laws. As a result, few perpetrators of these heinous crimes have been brought to justice.

We need the International Criminal Court to investigate, prosecute and punish those who commit war crimes, genocide and crimes against humanity.

The International Court of Justice, or “World Court,”is the principal judicialorganoftheUnitedNations.Itwasdesignedtodealprimarilywith disputes between states. It does not have jurisdiction over the criminal responsibility of individuals.

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How much support does the ICC enjoy within the international

Thecommunity?ICC enjoys widespread international support. The Rome Statute wasadoptedattheRomeConferenceonJuly17,1998byanoverwhelming majority of states.

All “G-8” countries voted in favour of the Statute with the exception of the United States. Countries that voted against the Statute include the United States, China and Israel.

AsofMay1,2006,100stateshavebecomepartiestotheRomeStatute.

TheICChasjurisdictionovercrimesagainsthumanity,warcrimesand

What are thedefinitionscr mes ver which the ICC has jurisd Statutec ion?

genocide. The of these crimes in the Rome have been carefullydevelopedtoensureconsistencywithcurrentinternationallaw:

■ Genocide means killing and other specified acts committed with the ■intent to destroy, in whole or in part, a national, ethnic, racial or religious group.

■ A crime against humanity means murder, torture, sexual violence and■other specified inhumane acts committed aspart of a widespread or systematic attack directed against any civilian population.

■ War crimes refer to specific crimes committed during armed conflict,■ includingactssuchastorture,sexualviolence,pillage,employing poisonous weapons, and intentionally starving civilians.

Unlike crimes against humanity, which are committed in the context of widespread or systematic attacks against the civilian population, a single isolated act may be considered a war crime if committed during armed conflict. The war crimes provisions in the Rome Statute include several offences that may be committed during internal armed conflicts. These provisions recognize important developments incurrent internationallawandareparticularlyvaluablebecausethegreatmajority of today’s armed conflicts are internal.

The ICC will also be able to exercise jurisdiction over the crime of aggression after the Assembly of States Parties develops and adopts a suitable definition. The Statute requires that any such definition be consistent with the Charter of the United Nations.

How do countries know that the ICC will conduct fair trials

international of justice and guarantees of due process and

The procedures specified in the Rome Statute conform torecognized and that itsstandardsju ges will be qualified?

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fair trial. The ICC protects the essential rights of the accused, victims and witnesses not only throughout trial and appeal procedures, but also during investigations. In addition, all ICC judges must meet stringent criteria of professional competence, integrity and experience in relevant areas of the law.

The Statute also provides for disqualification ofjudges in conflict-of- interest situations and stipulates procedures for removing judges from office in cases of serious misconduct.

PERSONAL QUESTIONS

The World Trade Organization, an entity that supervises global

Who ove sees int rnatio al onliinternationalbusi esses?

trade among nations, oversees online commerce. Many nations have supported the organization’s role in settling international e-commerce trade issues, such as Internet gambling.

“EReferences:-Commerce Times”: WTO Rules Against US Net Gambling Ban;

Keith Regan; March 2007.

InternationalWho governs airairtraveltravelinternationally?has regulations for safety and other concerns that are set by groups such as the International Civil Aviation Organization,anagencyoftheUnitedNations.Mostairtrafficisregulated betweenindividualnationsthroughbilateralagreements,typicallybased on the established freedoms of air.

InternationalRef ences: Civil Aviation Orginization: Freedoms of Air International Civil Aviation Orginization: How It Works

TheWhatNorthcountryPoleownsis notthe NorthownedPole?by any one country but is instead controlled by the International Seabed Authority, with its headquarters in Kingston, Jamaica. The North Pole forms part of a land dispute among Canada, Denmark, Norway and Russia, all of which claim parts of it as their own.

BBCReferenceNews:Russia Plants Flag Under North Pole

Daily Mail: Putin’s Arctic Invasion

TheResouArctices: Council

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Visas for students planning studies inthe UK are processed at offices

How longBorderoes it take to process a UK student vismaintains?

of the UK Agency. This government agency a page on their site that helps determine processing time dependent on the office location. Processing times for student visas calculated on the site are given in business days and exclude weekends and holidays.

UKReferencBorders:Agency: Guide to visa processing times

TheWhatpurposeis the Cofmputerthe ComputerCrimes ActCrimesof 1997?Act of 1997 is to assure that using computers for criminal reasons is considered an offense. This Act outlaws computer hacking and the unauthorized access of any type of data stored on a computer. The Computer Crimes Act of 1997 wasn’t enforced until June 1, 2000.

CommonLII:References: Computer Crimes Act 1997

NITC Malaysia: Cyberlaws in Malaysia

An airline will not knowingly sell a ticket to a customer wanted for

Can you fly internationalforeignyou have an arrest warrant?

arrest, nor would most countries knowingly admit a fugitive. Airports all over the world are plugged into the Interpol passport database; if your home country has flagged your passport you will be discovered upon arrival.

InterpolSource: : Media Release

TheWho UNsignedCharterthe UNwasCharter?signed on June 28, 1945 in San Francisco, California, by the five permanent members of the council. The signers, in order, were China, Russia, Great Britain, France and the United States. The document would soon be signed by 50 UN member nations.

UNSource:Charter Review: UN Charter Signed by 5 Permanent Members 1945/6/28

History: UN Charter is Signed TheWhatCEdoesdesignationCE mean onindicatesproducts?compliance with European Union

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(EU) standards for the manufacturing of consumer goods. According to the European Comission, the CE mark indicates “a product is in conformity with all applicable essential requirements set out in EU legislation providing for its affixing.”

EuropeanSource: Commission: CE Marking

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PART II

ReadandtranslatethefollowingarticlestakenfromtheInternational Law page of the United Nations website (www.un.org/en/law/). Discuss them.GivetheannotationsofthearticlesinRussian(English).

A.

JanuaryUN experts19, 2023to intervene in Zambia lead pollution case

The lawsuit against mining giant Anglo American was filed on behalf of women and children in Zambia’s central Kabwe District, who are the alleged victims of lead poisoning.

TheUNexperts–whosemandatescoverissuessuchastoxicpollution andhumanrights,businessandhumanrights,anddiscriminationagainst women and girls – had sought to intervene in the case.

TheDutySouthofcareGauteng High Court in Johannesburg will this week hear argumentsonwhetherthemeritsofthedamagesclaimbythevictimscan be considered. The applicants allege that Anglo American South Africa, through its prior involvement in the activities of the local lead mine inKabwe,assumedadutyofcaretowardsresidents,especiallyprotection againstleadexposure.“Leadisacumulativetoxicantthataffectsmultiple body systems and is particularly harmful to young children,” the UN experts said.

Furthermore,‘Profound’healththeeffectsWorld Health Organization (WHO) has identified it as one of 10 chemicals of major public health concern, needing action by countries to protect the health of workers, children and women of reproductive age. “According to the WHO, there is no level of exposure to lead that is known to be without harmful effects,” they added. “Young children can suffer profound and permanent adverse health effects and disabilities, including in the development of the brain and the nervous system. Pregnant women’s exposure to lead can cause miscarriage, stillbirth, and premature birth and low birth weight.”

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TheContraryCourttowillcommitmentconsider arguments based on international human rights law, including the UN Guiding Principles on Business and Human Rights, said the experts. The guidelines commit businesses to respect humanrights,whilstaddressingtheadversehumanrightsimpactslinked to business activity with which they are involved.

They also highlight the importance of access to remedies in case of violations. The experts argued that Anglo American was acting contrarytoitsprofessedcommitmentstohumanrightsinbusinesswhen it opposes the Court even considering this class action.

“Anglo American South Africa has voluntarily committed itself to follow the Guiding Principles, including the commitment to support access to justice where human rights impacts have occurred and to cooperate in processes designed to establish whether there is culpability for those impacts,” they said. The 13 experts were appointed by the UN Human Rights Council in Geneva and serve in their individual capacities. They are not UN staff and do not receive a salary for their work.

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Eighty-six per cent of forced labour cases are found in the private

‘All- ands-on-decommercialkapproach’needed

sector, with forced sexual exploitation representing 23 per cent–almostfouroutoffivevictimsofwhomarefemales.State-imposed forcedlabouraccountsfor14percent,ofwhichnearlyoneineight,or3.3 million,arechildren.Morethanhalfareincommercialsexualexploitation.

LastForcedyear,marriagean estimated 22 million people were living in forced marriage, representing a6.6 million increase over 2016 global estimates. Thetrueincidenceofforcedmarriage,particularlyinvolvingchildrenaged 16 and younger, islikely far greater than estimates capture since they are based on a narrow definition that excludes some child marriages. They are considered forced because a minor cannot legally consent to marry. Forced marriages are highly context-specific as they are linked to longestablished patriarchal attitudes and practices. The report shows that more than 85 per cent are driven by family pressure. Based on regional population size, 65 per cent of forced marriages are found in Asia and the Pacific. Arab States have thehighest prevalence, with 4.8 out ofevery 1,000 people in the region in a forced marriage.

C.

Climate change: WMO unveils plans  

1 Februaryfor sustainable2023 monitoring of greenhouse gases

The WMO initiative would create a network of ground-based measurement stations that can verify worrying air quality data that’s been flagged by satellites or airplanes,potentially in the next five years.

“At present, there is no comprehensive, timely international exchange of surface and space-based greenhouse gas observations,” the UN agency said, as it urged “improved (international) collaboration” and data exchange tosupport the 2015 Paris Agreement, which provides a roadmap for reduced carbon emissions and climate resilience.

“It’sMethanenot myjusteryanthropogenic emissions (that will be monitored), butwhattheforestsaredoing,whattheoceansaredoing,”saidDr.Oksana Tarasova, a Senior Scientific Officer at WMO. “We need this information to support our mitigations, because we have no time to lose.”

In 2022, Dr. Tarasova continued, WMO reported the largest-ever observed increase of methane “and the reasons of this increase are still not known, so one of the functions of this new proposed infrastructure

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wouldbetohelpfillinthegapswhichwehaveinourknowledgeregarding the observations and regarding the use of these observations.”

Cooperation between governments, international organizations and privatel mateofund rstanding

the sectorwillbeessential,iftheproposedGlobalGreenhouseGas Monitoring plan is to be viable, WMO has stressed.

Just as important will be increased coordination between surfacebased, airborne and space-based observation networks.

“With more precise and more long-term data, we will gain a better understandingofourchangingatmosphere,”theUNagencysaid.“Wewill be able to make more informed decisions and we will understand if the actions we have taken are having the desired effect.”

Some governments and international organizations already carry out specific atmospheric monitoring and maintain datasets, but “there is no overall steering mechanism and there is undue reliance on research funding”, WMO explained, in support of the creation of a single and internationally coordinated atmospheric monitoring body.

D.

Afghan girls and women made focus   19 Januaryof2023International Education Day: UNESCO

BarringgirlsandyoungwomenfromclassroomsinAfghanistancould wipe out huge gains made in education and create “a lost generation”, the UN’s educational and cultural organization, UNESCO, has warned.

The agency announced on Thursday that it was dedicating theInternationalDayofEducationon24January,tothecountry’swomen and girls.

“No country in the world should bar women and girls from receiving an education. Education is a universal human right that must be respected,” said Director-General Audrey Azoulay. “The international communityhastheresponsibilitytoensurethattherightsofAfghangirls and women are restored without delay. The war against women must stop,” she added.

LastFearsmonth,ofa‘lostthegenderation’facto Taliban authorities in Afghanistan banned young women from universities.This followed an earlier directive prohibiting girls from attending secondary school, issued mere months after the fundamentalist group, who ruled in the late 1990s up to 2001, regained power in August 2021, sweeping back into the capital, Kabul.

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As a result, Afghanistan is the only country in the world where women and girls’ access to education has been suspended.

“Thecountryrisksalostgenerationaseducatedwomenareessential foritsdevelopment,”UNESCOsaidearlierthisweek.“Afghanistan–orany other country – cannot advance if half of its population is not allowed to pursue an education and participate in public life.”

Between 2001 and 2018, Afghanistan recorded a tenfold increase in enrollment across all education levels, from roughly one million to10 million students, according toUNESCO. Thenumber ofgirls in primary school increased from almost zero to 2.5 million. By August 2021, they accounted for four out of 10 primary school students. Women’s presence in higher education also increased almost 20 fold: from 5,000 students in 2001 to over 100,000 two decades later.

Today,80percentofschool-agedAfghangirlsandwomen,2.5million, are out ofschool. The order suspending university education for women, announcedinDecember,affectsmorethan100,000attendinggovernment and private institutions.

UNESCOAfundamentalis callingright for immediate and non-negotiable access to education and a return to school for all girls and young women in Afghanistan. “Everyone has the right to education. Everybody. But in Afghanistan, girls and women have been deprived ofthis fundamental right,” said the agency.

a statement calling on “governments to strengthen support systems, which provide the basis for a more protective environment in families and communities to keep children safe and strengthen families through the provision of basic social, health and education services.”

“Thousands of children in Africa are experiencing violence, exploitationandabuseonadailybasis.Thesituationisespeciallystarkfor children living and working on thestreets,” UNICEF said. “These children have already been forced from the protection of their homes, only to be

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