Quasi-Judicial Practice: Criminal Responsibility Sample Clauses

Quasi-Judicial Practice: Criminal Responsibility. There is a body of Assembly resolutions that have noted the occurrence of international crimes within a Member State. However, Assembly characterisations have not always been consistent, with some resolutions simply preferring to report upon events or express moral indignation, without reaching any conclusion based upon legal principles.653 Other times the Assembly has used the terminology of ‘crimes’ without legal precision. For example, it has denounced ‘as an international crime the policy of bantustanization’ and described apartheid as ‘a crime against the conscience and dignity of mankind’, both which appear to be more akin to political or moral evaluations.654 However, there has been an increasing trend towards the Assembly applying legal concepts with greater precision over time: the following analysis focuses on those occasions in which the Assembly has applied norms from international criminal law to a situation and arrived at an evidence-based conclusion. There are some common elements of these resolutions. A major feature is that they do not tend to identify specific perpetrators, but rather note generally that crimes occurred, affirming the need for ‘individual responsibility’ of the perpetrators.655 While some resolutions avoid identifying specific groups of perpetrators, others have attributed blame (or a greater share of it) to a particular group or party to a conflict, such as the ‘SS organization’, ‘Khmer Rouge’, ‘Serbian forces’, ‘Syrian authorities’ or ‘South African regime’. 656 Other quasi- judicial resolutions focus their finding on a particular event, geographical area, or time frame, 650 UNGA Res 46/59 (1991), [1] (titled ‘Declaration on Fact-finding by the United Nations in the Field of the Maintenance of International Peace and Security’ (Fact-Finding Declaration)). 651 For a similar argument, see Christopher Ford, ‘Judicial Discretion in International Jurisprudence’ (1994) 5 Duke J Comp & Intl L 35, 81-82. 652 Certain Expenses (n 108), 168; Effect of Awards of Compensation Made by the United Nations Administrative Tribunal (Advisory Opinion) [1954] ICJ Rep 47, 58. 653 See eg UNGA Res 55/243 (2001) (Afghanistan); UNGA Res 2714 (XXV) (1970) (Portugal); UNGA Res 1598 (XV) (1961), [2] (South Africa); UNGA Res 1127 (XI) (1956) (Hungary); UNGA Res 385 (1950), [3] (Bulgaria, Hungary and Romania). 654 UNGA Res 36/172 A (1981), preamble; UNGA Res 33/183 A (1979), preamble. 655 UNGA Res 49/206 (1994), [4] (Rwanda); UNGA Res 49/10 (1994), [...
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