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Studies On Procedural Issues In Assuring Victim's Rights In The Crime Of Genocide

Posted on:2019-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:B Q ZhangFull Text:PDF
GTID:2416330545964827Subject:legal
Abstract/Summary:PDF Full Text Request
Because of its cruelty and the seriousness harm to the victim the crime of genocide is often called "the Crimes of Crimes".There is a long history of genocide,in its long history,implacability has led some of the most heinous perpetrators to regard this international culture of impunity as their shelter of genocide.After the second world war,with the destruction of life,culture and other aspects caused by genocide has aroused strong concern from all aspects.On December 9,1948,the UN General Assembly passed resolution 260 A,"The Convention on the Prevention and Punishment of the Crime of Genocide ",Referred to as the CPPCG treaty.The treaty entered into force in January 12 th of the following year,it became a major process in the legislation of the crime of genocide.At this point,the act of genocide has become a criminal act that can be prosecuted for criminal responsibility.Genocide became a crime shall be investigated for criminal responsibility according to law,this had makes the criminals of genocide finally able to be punished according to the law.However,in the face of extremely cruel crimes and numerous casualties,most people pay more attention to the defendants.The Rome statute stipulates the relevant rights that victims should enjoy in the proceedings.However,in the actual trial of cases,there still exist cases where the rights of victims can not be exercised or even interfered by other participants.Victims of genocide are generally survivors of the genocide or family members of victims,they may encounter more difficulties unimaginable than other types of crime in the course of their participation in the proceedings.Therefore,it is more necessary to pay attention to the problem of the victim's rights protection and to explore and improve the existing problems in the existing system.The victims of genocide can better exercise their rights in the proceedings,obtain fair and fair trial results and get the compensation they deserve.The paper is divided into five parts: the first part expounds the crime of genocide and the main rights of the victims of genocide.The second part mainly introduces the main provisions of the legal protecting the rights of victim of the genocide.The three,four and five parts,respectively from cases adopt a question,the manifestation of the problem is described,based on the specific problem put forward the improvement of the corresponding opinion,introduces the genocide participation in the status of the lawsuit,the refusal of the witness to appear in court,the amount of compensation and time for the possible problems in three aspects.Through to the genocide victims of the current three problems that may occur in the proceedings,in order to improving suggestions to the existing system,make its can more fully guarantee of genocide victims rights in legal proceedings.
Keywords/Search Tags:Crime of Genocide, Victim's Rights, Proceedings
PDF Full Text Request
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