ARTICLE | doi:10.20944/preprints202110.0156.v1
Subject: Social Sciences, Law Keywords: International Crimes Tribunal Bangladesh; crimes against humanity; genocide; treaty and customary law obligations to define international crimes; jus cogens norm
Online: 11 October 2021 (11:14:07 CEST)
Bangladesh is recently prosecuting and punishing the perpetrators of crimes against humanity and genocide committed in the Liberation War of 1971 via a domestically operated International Crimes Tribunal Bangladesh (‘ICTB’). Though the Tribunal is preceded under the municipal law, it's material jurisdiction, i.e., crimes against humanity and genocide are originated from international criminal law. Therefore, this study purposes to examine several legal obligations of the ICTB in defining crimes against humanity and genocide as the core international crimes. Firstly, I scrutinize what is the legal status of international law (treaty and customary law) in Bangladesh's legal system? Secondly, by applying international criminal law standards, I focus on that is it one of the obligations of Bangladesh to apply international criminal law definitions of genocide under the treaty obligation as the contracting parties to Genocide Convention 1948, and the ICC Statute 1998? Thirdly, I also discuss whether Bangladesh has any obligation to apply customary international law definitions of crimes against humanity because crimes against humanity are considered as jus cogens offense in general international law, from which no derogation is permitted. Lastly, after a critical evaluation of domestic and international criminal law instruments, I conclude that Bangladesh certainly failed to fulfill its legal obligation to define international crimes under a treaty and customary laws, which is one of the fatal errors of the ICTB, a government-sponsored criminal tribunal, to secure criminal justice to the accused.
ARTICLE | doi:10.20944/preprints202210.0333.v1
Subject: Social Sciences, Law Keywords: underlying offenses of crimes against humanity; murder; extermination; torture
Online: 21 October 2022 (10:31:53 CEST)
The current government of Bangladesh introduced a criminal tribunal namely, the International Crimes Tribunal Bangladesh (ICTB) in 2010, aiming to try and penalize the offenders of crimes against humanity committed in the Liberation War of Bangladesh in 1971. Generally, crimes against humanity are perpetrated thru a natural person, not by an intangible entity. Establishing each element of a specific criminal act is essential to prove such crimes’ guilts and punish the criminal. Hence, this study analyzes the elements of murder, extermination, and torture as the underlying offenses of crimes against humanity according to international customary law and the ICTB Statute. Firstly, this study scrutinizes the latest international customary law development and international criminal tribunals’ findings on these mentioned offenses. Secondly, this study examines whether specific requirements of such underlying offenses of crimes against humanity are being applied by the ICTB with the latest development enshrined in international criminal law and tribunals. Finally, this study examines any legal failure ascertained by the ICTB to apply elements of specific offenses of crimes against humanity that are internationally known as the established norm before proving crimes against humanity as the main international crimes. Then, this study recommends some ways forward; otherwise, the ICTB would be considered the victor's justice type of initiative to suppress the alleged perpetrators, mainly from the opposition political party of Bangladesh.
ARTICLE | doi:10.20944/preprints202104.0695.v1
Subject: Business, Economics And Management, Accounting And Taxation Keywords: Domestic violence, crimes against women, the impact of Corona on the family, male domination, women in Jordanian culture
Online: 26 April 2021 (20:59:09 CEST)
Objectives: The study aimed to uncover the percentages of battered women in Jordan, its causes, forms, and relationship to several social factors. Methodology: The study was conducted on a random, targeted sample of (1308) women based on social sample survey method and electronic questionnaire tool for data collection, the Descriptive statistical method and chi-square test were used to examine statistically significant differences. Results: The study found that the percentage of battered women reached 17.1% during Corona pandemic in 2020, and the increase in men's violence against women during this period of was in large and medium degrees according to the sample. Husbands were the most practicing violence against their wives at 37.5%, followed by fathers against daughters at 28.6%, and brothers against sisters at 26.8%. The causes of male violence are due to social factors represented by male domination culture, interference by family and relatives, and economic factors represented by the high cost of living, low household income and poverty. The most common forms of violence are verbal, physical, and psychological. The study found that women in southern Jordan, who are poorer and less educated, and who live in a large family, are the most abused. The study recommended activating family and community service and reform offices, solving problems of deteriorating economic situation and individual poverty, and enlightening community awareness of the dangers of domestic violence.