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Criminal Law between war and peace |
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XVth
International Congress of Social Defense
Justice and cooperation in criminal matters in international military interventions |
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| Toledo, Spain September, 2007 | |
| In
cooperation with The United Nations Office on Drugs and Crime (UNODC) with the patronage of Spanish Ministry of Defence |
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The International Society of Social Defence was founded in the
aftermath of the Second World War. Its aim was to provide scientific
answers –at the international level– to problems linked to
criminality and its prevention by means of legal and social analysis
and a humane criminal policy. Through the subject it has chosen for its
XVth international Congress, the Society is once again bringing into
the limelight of the international scene a very important and hitherto
little discussed issue. So, the Congress has dealt with specific
subjects which can be summed up as follows:
1. The modernisation of military criminal justice, giving particular
emphasis to the input of the European and Inter-American Courts of
Human Rights.
2. The criminal law framework applicable to military interventions
abroad, especially as regards the basis and consequences, from a
criminal law standpoint, of Status of Forces Agreements (SOFA) and
Rules of Engagement (ROE), as well as the competence of military forces
abroad to perform criminal investigations.
3. Peace as a value legally protected through criminal law, especially
through the definition of the crime of aggression on a national and
international level and particularly in relation to the Statute of the
International Criminal Court.
4. Review of the most serious violations of fundamental rights which
have occurred during recent conflicts, particularly in the
so-called «war against terror», such as the cases of
custody and in-custody treatment prohibited by the Geneva Conventions
and the international treaties against torture.
5. In order to adequately safeguard peace and to combat the evils of
war, it is necessary to provide the public with correct information.
For this reason, attention was given to international tools for the
protection under criminal law of journalists and means of mass
communication in war-torn areas.
6. The list of threats to peace which involve a criminal law dimension
is inexhaustible and includes various other issues, such as the
violations of international rules on nuclear weapons or the protection
of systems and strategic data bases from attacks.
With the subject chosen for its Congress, the valuable lectures
presented and the general report and conclusions here included, the
Society wishes to contribute to the development of International
Criminal Law, to the prevention of international conflicts and to the
creation of a global ethical and legal approach.
| Luis Arroyo Zapatero | Edmondo Bruti Liberati |
|---|---|
| President | General Secretary |
José
María Barreda, President
of
Castilla
José Antonio Alonso, Minister
of Defence of
Emiliano Garcia-Page, Mayor of Toledo
Kuniko Ozaki, Director
of Division for Treaty Affairs of UNODC.
Simone Rozès , President
d’honneur of the ISSD
Luis Arroyo
Zapatero, President of the ISSD.
Introductory session.
Chair
Law of War & President of the Spanish group.
Arne Willy Dahl, Judge Advocate General, Norwegian Armed Forces, President of
the International Society for Military
Law and the Law of War
Introducción a los trabajos del
congreso.
First
session
MILITARY CRIMINAL JUSTICE
BETWEEN THE PAST AND THE FUTURE
Chair
Eugenio
Organisation of military criminal
justice and its evolution
military matters
What should be the speciality of
military criminal codes?
Chair
European Court of Human Rights and
Military Criminal Justice
Adán Nieto,
Professor of Criminal Law, University of Castilla-La Mancha,
Inter-American Court of Human Rights
and Military Criminal Justice
Second session
criminal
law
framework of military missions abroad
Chair
Status of
Forces Agreement
(SOFA), Rules of Engagement (ROE) and Criminal Law
Jean
Paul
Pierini, International Criminal Law Project,
Judicial police functions of
Armed
Forces abroad
Geneviève
Giudicelli-Delage, Professor of Comparative Procedural Law at
Criminal law protection and accountability of participants in peacekeeping
operations
Kuniko Ozaki, Director of Division for Treaty Affairs of United Nations Office on Drugs and
Crime,
Operational
Experiences
in ROE and SOFA
Chair
- General Jose
- General Jose Elito Carvalho Siqueira, Chief Commander of the United Nations
Stabilization
- Lieutenant-Colonel Sylvain Fournier, Legal Counsel for the International
Military Staff (IMS), NATO HQ,
Debate
Moderator
General
Agustín
Corrales Elizondo,
Judge of the Supreme Court in criminal
matters,
INTERNATIONAL CRIMINAL LAW IN
ARMED
CONFLICT SITUATIONS
Chair
Military operations abroad and
serious violations of fundamental rights
Douglas Cassel, Professor of Law, Director of the University of Notre Dame Law
School’s Center for Civil and Human Rights, USA
The
crime of aggression between international and domestic criminal law
Gerhard
Werle,
Journalism in times of war: the
“Couso case”. Criminal law protection of
journalists and media during armed
conflicts
Gonzalo
Jar, General of the Spanish ‘Guardia
Civil’,
Debate.
Chair
Angel
Juanes
Peces, Judge
of the Supreme Court in criminal matters,
OPERATIONAL EXPERIENCES
Chair
Social Defence
The
“Abu Omar” case
Armando
Spataro, Senior Prosecutor and Coordinator of the
Anti-terrorist Group,
From “Abu
Ghraib” to the “Rumsfeld”
case
Florian
Jessberger,
Professor of Criminal Law,
“Targeted
killings” and extrajudicial executions
General
International
Humanitarian Law, Spanish Red Cross
Human
rights in extradition and rendition matters.
Human Rights Chamber of Bosnia-Herzegovina.
Legal lessons from operation
enduring freedom
Colonel Michael F. Noone,
Professor at the
of Law, United States.
Italian
judicial experiences on peacekeeping operations.
Antonino
Intelisano,
National Military Prosecutor,
Fourth session
Peace
Protection and Criminal Law
Chair
Joachim Vogel,
Professor of Criminal Law,
The new threats of the global risk society and their challenges to traditional
criminal law
Ulrich Sieber, Director of the Max Planck Institute for Foreign and International Criminal
Law,
War and corporate power
• William S. Laufer, Director
of the Carol and
Ethics,
• Ryan Burg, Researcher, Legal Studies and
Business Ethics Department,
Peacekeeping in a corrupt environment?
Mark Pieth,
Professor of Law, Basel Institute on Governance,
Debate
Moderator
Concepción Escobar Hernández, Professor of International Law, UNED; Director of the
Legal Department of the Spanish Ministry of Foreign Affairs and Cooperation
Closing session
Chair
Sylvia Steiner,
Judge at the International Criminal Court,
Criminal law as the ethics of
globalisation
Mireille Delmas-Marty, Professor at the
Giving of Beccaria Award for Young Researchers.
Isabel
Rodriguez, General
Director of Youth Policies, Government of Castilla
2006 Cesare Beccaria Medal, presented to Judge Juan Guzmán Tapias.
Chair
· Candido Conde
Pumpido, Attorney General, Ministry of
· Montserrat Comas D’Argemir, Member of the General Council of the Judicial
Laudatio
· Hernán
Hormazábal Malarée, Professor of Criminal Law of the University
of
Medal presented by:
· Anabela
Miranda Rodrigues, Director of the Judicial
|
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www.cienciaspenales.net |