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"Agression"
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Making aggression a crime under domestic law : on the legislative implementation of article 8bis of the ICC statute
by
Hartig, Annegret, author
in
Rome Statute of the International Criminal Court (1998 July 17)
,
Aggression (International law)
,
Jurisdiction (International law)
2023
This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the supreme international crime that gave birth to international criminal law in Nuremberg, its ICC Statute definition has been incorporated into domestic law by fewer than 20 States. The crime of aggression was also omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current inability of the International Criminal Court to respond to the Russian aggression towards Ukraine invites the continuation of these academic debates without neglecting the particularities of the crime of aggression. The fundamental issues discussed in this volume include the obligation to criminalize aggression, the core wrong of the crime, the normative gaps under domestic law and the jurisdictional gaps under the ICC Statute. To facilitate the operationalization of domestic implementation, the book explores the technical options for incorporating the definition into domestic law, the geographical ambit of domestic jurisdictionmost notably universal jurisdictionas well as legal challenges such as immunities. The book is aimed primarily at researchers and States with an interest in the domestic implementation of international criminal law but those already working in the field should also find much of interest contained within it. Dr. Annegret Hartig is Program Director of the Global Institute for the Prevention of Aggression and worked as a researcher at the University of Hamburg where she obtained her doctoral degree in international criminal law.
sexual offenders : Epidemiological and Criminological Profile
2022
IntroductionSexual assault is a major problem in Tunisian society. There is no definitive typology of the characteristics of those who sexually assault. A great diversity of sexual aggression behaviors and different motivations can be described.ObjectivesIt is about a retrospective survey, achieved from data of Medical Expertise of the sexual offenders achieved in psychiatric departement of hospital of mahdia. This study revealed 18 cases during the period from January 2010 to December 2020.MethodsThe objective of the work was to describe the epidemiological and criminological profile of the sexual assaults.ResultsMean age of the sample was 40 years [30-61]. Aggressors were almost exclusively males, have medium socioeconomic status and without a regular job. Fifty percent of the perpetrators had a psychiatric diagnosis: bipolar disorder (27.7%), schizophrenia (11.1%), antisocial personality disorder (5.5%) and intellectual disability (5.5%). Indecent assault (27.7%) was the most frequent aggression then the rape (22,2%). Thirty three per cent of the victims were minor.Among these expertised patients, 72% were considered responsible for their actions and only one was considered irresponsible.ConclusionsStudies on the characteristics of sexual offenders have concluded to the profile of the young, single and unemployed male, but it can’t be a commun profile.DisclosureNo significant relationships.
Journal Article
Bully nation : why America's approach to childhood aggression is bad for everyone
\"Looks at how assigning labels like 'bully' and 'victim' inhibits childhood development in the name of keeping kids safe. The book reviews normal child development, the role of aggression in a healthy childhood, how children develop resilience, and provides strategies for social policy related to bullying\"--Provided by publisher.
The Conduct of Hostilities under the Law of International Armed Conflict
2004
A companion volume to the author's seminal textbook War, Aggression and Self-Defence, Third Edition, Cambridge (2001), this book focuses on issues arising in the course of hostilities between States, with an emphasis on the most recent conflicts in Iraq and Afghanistan. The main themes considered by Yoram Dinstein are lawful and unlawful combatants, war crimes, including command responsibility and defences, prohibited weapons, the distinction between combatants and civilians, legitimate military objectives, and the protection of the environment and cultural property. Numerous specific topics that have attracted much interest in recent hostilities are addressed, such as human shields, feigned surrenders, collateral damage and proportionality, belligerent reprisals and weapons of mass destruction.
'Armed Attack' and Article 51 of the UN Charter
2010,2011
This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.
Aggression and Older Adults: News Media Coverage across Care Settings and Relationships
2021
Systematic, in-depth exploration of news media coverage of aggression and older adults remains sparse, with little attention to how and why particular frames manifest in coverage across differing settings and relationships. Frame analysis was used to analyze 141 English-language Canadian news media articles published between 2008 and 2019. Existing coverage tended towards stigmatizing, fear-inducing, and biomedical framings of aggression, yet also reflected and reinforced ambiguity, most notably around key differences between settings and relations of care. Mainstream news coverage reflects tensions in public understandings of aggression and older adults (e.g., as a medical or criminal issue), reinforced in particular ways because of the nature of news reporting. More nuanced coverage would advance understanding of differences among settings, relationships, and types of actions, and of the need for multifaceted prevention and policy responses based on these differences.
Journal Article
The International Law of Belligerent Occupation
2009
The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.
Cross-sectional study on patient-physician aggression in Belgium: physician characteristics and aggression types
2019
ObjectivesThe aim of this Belgian research study was to describe the characteristics of physicians who are at increased risk for patient-physician aggression. Second, aggression subtypes were described and data were provided on the prevalence of patient-physician aggression in Belgium.DesignCross-sectional survey.SettingPrimary and secondary care inside and outside hospitals.ParticipantsAny physician who had worked in Belgium for the preceding 12 months was eligible to participate (n=34 648).Main outcome measuresAn online, original questionnaire was used to obtain physician characteristics (eg, age, sex, native language), department, working conditions and contact with aggressive patients during their career and during the preceding 12 months.ResultsThe questionnaire was completed by 4930 participants and 3726 (76%) were valid to take into account for statistics. During the preceding 12 months, 37% had been victims of aggression: 33% experienced verbal aggression, 30% psychological, 14% physical and 10% sexual. Multiple answers were allowed. Women and younger physicians were more likely to experience aggression. Psychiatric departments and emergency departments were the settings most commonly associated with aggression. Physicians who provided primarily outpatient care were more subject to aggression.ConclusionBelgian physicians experience several forms of aggression. Those most at-risk of aggression are young and female physicians who work in outpatient, emergency or psychiatric settings.
Journal Article
The Crime of Aggression under the Rome Statute of the International Criminal Court
This guide to the crime of aggression provisions under the Rome Statute of the International Criminal Court (ICC) offers an exhaustive and sophisticated legal analysis of the crime's definition, as well as the jurisdictional provisions governing the ICC's exercise of jurisdiction over the crime. A range of practical issues likely to arise in prosecutions of the crime of aggression before the ICC are canvassed, as is the issue of the domestic prosecution of the crime. It also offers an insight into the geopolitical significance of the crime of aggression and the activation of the ICC's ability to exercise its jurisdiction over the crime. The author's intimate involvement in the crime's negotiations, combined with extensive scholarly reflection on the criminalisation of inter-State uses of armed force, makes this highly relevant to all academics and practitioners interested in the crime of aggression.
Sexual violence in older adults: a Belgian prevalence study
2021
Background
Sexual violence (SV) is an important public health problem which may cause long-lasting health problems. SV in older adults remains neglected in research, policies and practices. Valid SV prevalence estimates and associated risk factors in older adults are currently unavailable. In this study we measured lifetime and past 12-months sexual victimisation in older adults living in Belgium, its correlates, assailant characteristics and the way that victims framed their SV experiences.
Methods
SV was measured using behaviourally specific questions based on a broad definition of SV. Participants were selected via a cluster random probability sampling with a random route finding approach. Information on sexual victimisation, correlates, assailant characteristics and framing was collected via structured face-to-face interviews with adults aged 70 years and older living in Belgium (community-dwelling, assisted living and nursing homes).
Results
Among the 513 participants, the lifetime SV prevalence was 44% (55% F, 29% M). Past 12-months prevalence was 8% (9% F, 8% M). Female sex and a higher number of sexual partners were associated with lifetime SV (
p
< .05), non-heterosexual sexual orientation with past 12-months SV (
p
< .05). Correlates identified to be linked to elder abuse and neglect in previous studies were not linked with SV in our sample. ‘Someone unknown’ was identified as most common assailant.
Conclusions
Sexual victimisation appears to be common in older adults in Belgium. Both correlates and assailant characteristics seem to differ from previous studies on elder abuse and neglect. Recognizing older adults as a risk group for sexual victimisation in research, policies and practices is of the utmost importance.
Journal Article