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Evolution Fact and the Origins of Life. Over the past few centuries scientists have been trying to answer the question: what was the origin of help life ? There have been a . number of scientists who have produces a number of plausible theories. The currently most excepted theory is Oparin's theory, which states that the origin of life on Earth was in nonliving chemical substances which spontaneously formed in Earth's early atmosphere and combined to dictionary, make more complex chemicals until living cells were formed. This maybe a possibility because. Abiogenesis , Earth , Evolution 1345 Words | 4 Pages. process one needs to understand the origin of words . Etymology, according to help, Yule(2006) is “the study of the origin . and history of a word ” (p.35).
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Education , Experience , Knowledge 910 Words | 3 Pages. ?Have you ever been curious about the relationship between critical thinking and ethics? In this essay you will explore what critical thinking . is and the steps to it. What the Ethical Lens Inventory is and fraction how ethics influences our decision-making and plato cave how it’s applied in our daily life . In General Psychology one of the definitions of critical thinking is Critical thinking examines assumptions, discerns hidden values, evaluates evidence, and assesses conclusions.” Critical thinking is used several. Critical thinking , Decision making , Ethics 461 Words | 2 Pages. read, I make sure that I always use a dictionary as a reference and that makes it easier to fraction homework help, proceed to essay, the next sentence. In addition to that, I write down . the important events and highlight the words and characters. I also proofread my paper to ensure it is error free. In order to fraction homework help, write a good essay or paper, it is necessary to be in proofreader a peaceful environment to avoid distractions. Fraction Homework? Next, I just scribble down whatever comes to my mind that is related to the topic.
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7a). The people refer to the heavens as a God or a divine being, such as when Cassio says “Oh, let the dictionary heavens Give him. Connotation , Dictionary , English language 887 Words | 3 Pages. in a more accurate way. WELL, that is how I feel about what I write. Since coming home for the summer, I’ve revisited old papers and homework essays . for theory essay, further refinement and fine tweaking just because I think it’s fun (and because I’m a perfectionist, whoops). So some of the essays I post are more loved and tended to than others, but today I am posting the first essay I wrote for the Nonfiction Writing class I took this past spring at fraction homework, KU.
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So let’s begin with the end in essay on immigration mind…what are your dreams, or. Education , Essay , Five paragraph essay 745 Words | 4 Pages. Chukanova Ms. Pannunzio ENG3UI 03/03/2014 The Power of fraction help Words . Patrie Rothfuss once . said - “ Words are pale shadows of forgotten names. Essays In Advertising? As the names have power, words have power. Words can light fires in the mind of homework men. Words can bring tears from the hardest hearts.” Life of Pi directed by Ang Lee, highly inspired and affectionate movie.
Life of plato cave Pi is a three part story of Piscine Patel, a sixteen- year- old South Indian boy who survives out at homework, sea. Change , Existentialism , Fiction 1580 Words | 4 Pages. The thesis in essayist the article ?The origins of the World War', by homework, Sidney B. Fay, can clearly be stated as the plato essay cave explanation for World War I. Fay . states that no one country is responsible for the creation of the homework war. Furthermore, he goes on dictionary, to explain that each of the European country's leaders did, or failed to do ?certain' things to provoke the other countries into a war. Fay states, One must abandon the dictum of the help Versailles Treaty that Germany and her allies were solely responsible. It was a dictum. Archduke Franz Ferdinand of Austria , Austria , Germany 1558 Words | 4 Pages. Origin and Definition of the Word Miasma. Dubois? Miasma The word miasma is derived from homework help, Post-Classical Latin, derived from the Greek word miainein which means to . pollute. The word Miasma has two main meanings that are similar but are different is distinct ways.
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Ex. Help? 3 Analyzing short writing assignments. * Underline the essay key words . What do the following short assignments require? * How would you . Fraction Help? complete them? Example In what (ways) do porpoises (differ from) dolphins? ways: enumeration; differ from: contrast I would enumerate the differences between dolphins and porpoises 1. Explain how a caterpillar becomes a butterfly. 2. Discuss three major reasons that people who leave the security of dubois talented tenth their home cultures. Computer , Computer program , Database management system 1132 Words | 4 Pages. Fraction Homework Help? ?Hu Shek Teng SCM-025922 24/11/2014 Appeal to common belief, technology advance has made life easier and plays a significant role in . almost all fields of human life . The tremendous benefits of technology are very inspiring indeed.
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Topic: Food In The Cafeteria Should Be Healthy Type of essay : Persuasion Introduction: Introduction Sentence: Parents spend a . lot of time keeping their children healthy but at a young age, they start school and on immigration many schools n lot of time keeping their children healthy but at a young age, they start school and many schools now a days have cafeterias. Cafeteria , Greek loanwords , Rhetoric 861 Words | 5 Pages. ?The word baroque is derived from the fraction Portuguese word `barocco', meaning irregular pearl. Essay? Until nineteenth century the . word baroque was used mostly as a fancy synonym for `absurd' and `grotesque'. Help? The characteristic feature of theory essay this style is help energy, lack of harmony, attraction for the ornate and an explosive elaboration, which almost conceals the underlining order or pattern.
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Abortion , Abortion debate , Fertility 1081 Words | 3 Pages. limit, and applicants and counselors frequently debated whether a tight 450- word essay was a wiser approach than a detailed . Plato Essay? 900- word piece. In 2011, that decision was taken away as the Common Application moved to help, a relatively short 500 - word limit. Essay On Immigration? With the August 2013 release of fraction help CA4 (the newest version of the Common Application), the guidelines have changed once again. CA4 sets the plato limit at 650 words (and a minimum of 250 words ). And unlike earlier versions of the Common Application, the length limit. Help? Cash flow , College admissions in the United States , College application 736 Words | 4 Pages. ? Meghan McEwan The film 500 Days of Summer we see a developing relationship between the two main characters Tom and essayist Summer. Some . might deny that this is a love story because it doesn’t have your typical happy ending, but none the less it is a love story with a lot to say about relationships and the types of help love that are evolved during it.
This relationship starts out illustrating how both of the dubois essay talented characters view life and love. Fraction? Tom is described as a hopeless romantic in the beginning of. Agape , Greek words for essay cave, love , Interpersonal relationship 1186 Words | 4 Pages. monograph; More 2. formal an attempt or effort. a misjudged essay synonyms: attempt, effort, endeavor, try, venture, trial, experiment, . undertaking his first essay in fraction homework telecommunications a trial design of essayist a postage stamp yet to be accepted. verbformal verb: essay ; 3rd person present: essays ; past tense: essayed; past participle: essayed; gerund or present participle: essaying e?sa/ 1. attempt or try. Fraction Help? essay a smile Origin late 15th century (as a verb in the sense ‘test the quality. Definition , Essay , Gerund 608 Words | 4 Pages. ?Assignment The student should complete a brief essay analysing the use of technologies to enhance your own learning and teaching. This should . also include the benefits and limitations of using technology in learning and essays on propaganda in advertising teaching. (400 words minimum) Technology has moved on in leaps and bounds within the last thirty years and can be a great benefit but may also be frustrating for some that do not understand how to use it. From my own perspective the internet (computers, tablets and phones) has helped. Learning 916 Words | 2 Pages. make a move.
Whether the outcome is good or bad, I have to homework, take responsibility for my actions. I hope that this tactic will ignite my future next year as a . college freshmen as well as something that will positively aid me throughout the duration of my life . Proofreader? Over the fraction help course of high school, I have slowly felt myself grow and on propaganda in advertising mature into a young woman. I believe it is important to feel a change in homework help your character through the course of high school. This change can either be good or bad, it is up to that. Dubois Essay? 2004 albums , 2005 albums , 2008 singles 514 Words | 2 Pages.
3/1/10 6th period Word count: 862 Life of Pi Essay Many people that are religious look to God for guidance and . comfort. Fraction Help? Especially in theory essay disastrous situations. Fraction Homework Help? In Yann Martel’s novel, Life of Pi, the essay theme of will to survive is presented and demonstrated as having faith, letting animal instincts take over, and determination. Pi keeping his faith shows how strong his faith in God is. He discusses some Hindu symbolism to describe how insignificant he feels, then mumbled words of Muslim prayer and.
Atheism , God , Instinct 891 Words | 3 Pages. Homework Help? A Definition Essay on talented, the Word Romance. The Attraction of Romance Romance: the fraction help word the puts the art in heart, the word describes the actions that take place to imprint . your name in a girls head, the word that everyone thinks about when two people are madly in love with one another. The Oxford English Dictionary tells the word came from 1497 from essay program, a time when chivalry was the key to love. In this time, the word meant to fraction homework help, be chivalrous, but in modern times to romance someone is to dubois talented tenth, “put your moves on them” to dazzle someone with your personality. English language , French language , Kid Rock 925 Words | 3 Pages. ? Social media plays a significant role in ensuring that advertising is help successful.
Social media is made up of websites that enable users to communication theory, create and fraction . share content with other users across the internet. Dictionary? In today’s world almost everything that takes place revolves around social media and as a result any new product, business or service being advertised is associated with social media in some way. According to some analysts, social media is fraction homework help “a group of Internet-based applications that build. Advertising , Brand , Facebook 844 Words | 3 Pages. these energy there is renewable energy. It is very important nowadays as it brings a positive environmental impact, development in the economy, energy . security for a bright future. These are some types of sustainable energy already mentioned.This essay is going to essay, focusing on solar panel and will also discuss the cost, the use of facilities, energy storage and also the negative effects of using solar panel such as weather problem, it controlled by fraction help, geography, need more space, sunlight is weak energy. Alternative energy , Energy development , Fossil fuel 596 Words | 2 Pages. was different from the government in Sparta. Athens had 10 tribes, known as phylae, and these tribes were split into thirds, known as trittyes. Each trittye . was broken up into 140 demes (municipalities).
The Boule was a council that was made up of 500 men, with 50 from each of the communication 10 tribes. The members of the council were chosen by their demes. The Assembly was open to all male citizens in Athens. The Assembly met 40 times a year (4 times each month, for 10 months), and would discuss foreign policy. Ancient Greece , Athens , Classical Athens 997 Words | 3 Pages. comparison essay of two different life. Help? ?Nur Liyana binti Aznan Debbie Lynch ESL 004 Comparison Essay : revision paper 21th November 2014 The Two Different World High school as well . as university have been major parts of my life and I went through a transition between these two diverse and different worlds. My high school, which was International Education Centre (Intec) was a preparatory center for students who want to further their education abroad. After I graduated, I started my tertiary education at dubois essay, Pennsylvania State University at. Big Ten Conference , Education , Penn State Harrisburg 2387 Words | 11 Pages.
Words are powerless when looked at individually but they have the potential for good or evil, when someone who can properly use them to his . or her advantage. That is what Nathaniel Hawthorne quote means, and I fully agree with him. Fraction Homework Help? An example of words being used for evil could be a dictator trying to convince his people that he is best for the country. Essays? An example of words being used for good could be a civil rights activist trying to persuade people to help, get along and to treat everyone with respect. Core issues in ethics , Evil , God 1292 Words | 4 Pages. Dictionary? drinking and posing funny styles. Fraction Homework Help? She fears that if such photos are seen by her working mates who are younger and others older than her, they will not be . taking her seriously. She contributes that she does not have any problem exposing her personal life to her fellow teens. It is a normal phenomenon for plato, her to fraction, post her newest fashion on essay talented, her facebook profile for homework, other teenagers to have a look at. Ms.
Liu is not only concerned about her looks and reputation but also her sisters, she had asked her sister. 20th century , 2nd millennium , Change 1749 Words | 5 Pages. Communication: Meaning of Life and Words. CRIMINOLOGY/DLM MODULE: COMMUNICATION TASK 1: EXPLAIN HOW WORDS CAN DICTATE PREJUDICE AND PERCEPTION NAME: DENNIS OKODOI OJUMA ADMISSION . NUMBER: 8034 TRAINERS NAME: JACINTA WARINGA DATE SUBMITTED:1/02/2014 TABLE OF CONTENTS Introduction………………………………………. 2 How words dictate prejudice and perception…….. 3,4,5,6 Conclusion…………………………………………. 7 References…………………………………………..8 INTRODUCTION The words we use and the order in we use them give particular meaning.
Communication , Connotation , Existentialism 1558 Words | 5 Pages. 800 Word Essay Food, health and medical technologies have a large impact on individuals and communities today and in the . Essay? future. Fraction Help? Throughout this paper, discussion will involve the issues that society faces regarding food and health and in advertising how we can create a healthier and homework help safer world for essays on propaganda in advertising, our future. The food industry has a large impact on individuals and will affect wider communities in the future. The rush of homework help today’s society has pushed food production to become more commercialized with prepackaged/premade. Fast food , Food , Health 826 Words | 3 Pages. the Usage of the “N” Word When discussing the definition, effects, and the history behind the “N” word , it is plato interesting how . this word has managed to change over time from having a descriptive meaning, to a negative connotation, and to a positive controversial meaning. That is why there are those who believe that the “N” word should and should not be used, and there are those that believe that only some (or the accepted ones) should use it in order to avoid conflicts. This essay will go over some.
Black people , Hip hop , Hip hop music 918 Words | 3 Pages. The Odyssey Translations Essay WORD. ?The Odyssey Translations Essay The Odyssey is an epic poem, written in classical Greek, describing Odysseus's adventures in his ten year . attempt to return to Ithaca after the fraction Trojan War. Since this 2,500 year old book was written, there have been several English translations that are believed to be the closest interpretations to the original version of The Odyssey. Alexander Pope, Emile V. Rieu, Robert Fitzgerald, and Robert Fagles each wrote a translation of his own. These translations are read. Aeneid , Cyclops , Homer 865 Words | 3 Pages.
PHYS1160 Essays Essays should be between 1500 and 2000 words . Program? The word limit should include the . text, figure captions, footnotes, but not the reference list (we are happy to see lots of fraction homework help references). Essays? You will lose marks for going over homework or under the word limit. Essayist? You are welcome to include pictures. However try to homework, ensure that they help to illustrate the essay argument presented in fraction the essay and are not mere adornment. Your essay should be written for a well informed but non-specialist audience.
The style used. Colonization of Mars , Jupiter , Mars 1356 Words | 5 Pages. Montessori Method. On Propaganda In Advertising? This is because the child gets pleasure through work and the practical life exercise, provides the child with a meaningful . Homework? tasks. Children are naturally interested in activities they have witnessed.
Therefore, Dr. Montessori began to using what she called “Practical Life Exercise” to allow the child to do activities of daily life and essays on propaganda in advertising adapt himself in his society. The purpose and aim of homework practical life is to essayist, help the fraction help child gain control in the coordination of dubois tenth his movement, and homework help help the. Consciousness , Digestion , Maria Montessori 1948 Words | 6 Pages.
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Essay on the CDF Appeals Decision. By Cosette Creamer, USA. About the CDF Trial. The Special Court for Sierra Leone (SCSL) issued an indictment against the three accused. persons of the Civil Defence Forces (CDF), Sam Hinga Norman, former Deputy Defence.
Minister and homework help later Minister of Internal Affairs; Moinina Fofana, alleged to be the National. Director of the CDF; and Allieu Kondewa, alleged to be the proofreader program, High Priest of the CDF between. March and June 2003. The indictment include 8-counts for crimes against humanity, violations. of Article 3 Common to the Geneva Conventions and of Additional Protocol II (commonly. known as war crimes), and other serious violations of fraction help international humanitarian law. Sam Hinga Norman being the First accused made his initial appearance at the temporary. courthouse on Bonthe Island on 15 March 2003. Mr. Norman pleaded not guilty to all charges. against him.
Messrs. Essayist? Fofana and Kondewa, Second and Third accused respectively also pleaded. not guilty to all the charges against fraction, them when they were arraigned before the Court at the. temporary courthouse on essay program July 1, 2003. Fraction? The Prosecution presented its case from 3 June 2004 to 14 July 2006 presenting 75 witnesses.
From 19 January to 18 October 2006, the Defence presented 44 witnesses. Essay On Immigration? Closing arguments. were made from 28-30 November 2006. The specifics of the charges include: 2. Fraction Homework Help? Violence to life, health and physical or mental well-being of persons, in particular murder *2. Physical violence and mental suffering. 3. Inhumane acts *1. 4. Violence to essay tenth life, health and physical or mental well-being of persons, in particular cruel treatment *2. Looting and burning.
Terrorizing the civilian population and collective punishments. 6. Help? Acts of essayist terrorism *2. 7. Collective punishments *2. Use of child soldiers. 8. Fraction Homework? Conscripting or enlisting children under the age of 15 years into essay on immigration armed forces or groups or using them to. participate actively in hostilities. Following that, first accused Hinga Norman was. hospitalized in Dakar to undergo a surgery. Unfortunately, he passed away on 22 February 2007. in Dakar.
On 20 July 2007, the Court issued its judgement and Fofana was found guilty on. Counts 2, 4, 5 and 7. Kondewa is found guilty on Counts 2, 4, 5, 7 and 8. The case against fraction help, Hinga. Norman was dropped since he is essay, deceased. The Trial Chamber sentenced Fofana to 6 years and. Kondewa to fraction help 8 years.
The Appeals phase- Second Accused Moinina Fofana and Third Accused Allieu Kondewa- was. concluded on 28 May 2008. The Appeals Chamber re-sentenced Fofana to 15 years as opposed. to the original 6 year term and Kondewa to essay 20 years as opposed to homework the original 8. Mr. Fofana.
never appealed his original sentence. Kondewa appealed but in either case, it was the. Prosecution’s appeal for higher sentences that was ruled upon. The convicts are still at in advertising the. Special Court premises in Sierra Leone. One of the fraction help, most controversial aspects of the Civilian Defense Forces (CDF) trial before the. Special Court for dubois talented, Sierra Leone (SCSL) has been whether and how the idea of a ‘just cause’ is.
relevant to the prosecution of international criminal law violations. The idea that the CDF were. fighting for fraction, a ‘just cause’ - namely the restoration of the democratically elected government of. President Tejan Kabbah - has been raised as a defense to communication theory the crimes committed, as material to. establishing the elements of the crimes charged, and as a mitigating factor in sentencing.
decisions. Homework Help? Some argue that the idea of communication a ‘just cause’ has absolutely no place in adjudicating. crimes under international humanitarian law, which does and should apply equally to all parties. to a conflict regardless of their reasons for fighting. Others argue that claims of a ‘just cause’ are. relevant to establishing the nature of the crimes committed and as a mitigating factor in.
sentencing decisions. Both the Majority Opinion in homework help, the CDF Appeal Judgment1 and the. Honourable Justice George Gelaga King’s dissenting opinion adopt a different approach and. attempt to on propaganda differentiate between claims of a ‘just cause’ and the reasons a group has for fighting. In doing so, both opinions help illuminate how the ‘reasons for fighting,’ regardless of the. perceived justness of the cause, may be legally and evidentially relevant to adjudicating.
international crimes. While claims of a ‘just cause’ imply that a party was fighting for a. legitimate purpose, or on the ‘right’ side, references to help a party’s ‘reasons for fighting’ do not. imply such a normative judgment, and instead are merely descriptive of the end goal or objective. Given that the idea of a ‘just cause’ is often viewed as a divisive political issue, it might make. sense for dictionary essayist, internationalized criminal tribunals to absolutely prohibit such considerations from. entering into judicial proceedings. Homework Help? To be sure, claims of on immigration a ‘just cause’ do not provide an fraction homework help, excuse. for violations of cave international humanitarian or criminal law. If one looks at the underlying. tenants of fraction homework Just War Theory, as propounded by 16th and 17th century philosophers, a just cause. only provides a group with an excuse to resort to war as such.
In fact, one of the defining. elements of a Just War was that the party must fight the war ‘justly’ - that is, abide by the laws. of war, which today would include international humanitarian and plato cave criminal law. While in. principle claims to a ‘just cause’ have no place in determining whether or not parties to homework help a conflict 1 See Prosecutor v. Fofanah and Kondewa, Judgment, SCSL Appeals Chamber, Case No. Essays In Advertising? SCSL-04-14-A (May 28, 2008) [hereinafter CDF Appeal Judgment]. 2 See Prosecutor v. Fofanah and Kondewa, Judgment, “Partially Dissenting Opinion of Hon. Justice George Gelaga. King,” SCSL Appeals Chamber, Case No. SCSL-04-14-A (May 28, 2008) [hereinafter King’s Dissenting Opinion].
are permitted to violate the laws of war, the ‘reasons for fighting’ themselves may sometimes be. evidentially material to establishing the requisite elements of crimes against humanity, completely apart from the ‘justness’ of fraction homework these reasons. This paper will provide a brief summary. and analysis of the CDF Appeal Judgment and Justice King’s dissenting opinion, paying. particular attention to how the ‘reasons for fighting’ may be separated from considerations of.
‘just cause,’ their legal relevance in charges that the CDF committed crimes against humanity. and their use as a mitigating factor in sentencing decisions. ‘Reasons for Fighting’ and the General Requirements of Crimes Against Humanity. The CDF Trial Judgment entered verdicts of not guilty for both accused, Moinina Fofana and. Allieu Kondewa, for Counts 1 and 3, charging crimes against humanity of murder and essays other. inhumane acts.3 A majority of the help, Appeals Chamber, with Justice George Gelaga King and. Justice Jon Kamanda partially dissenting, reversed these decisions and entered guilty verdicts for. both counts.
The Statute of the plato, SCSL defines crimes against humanity as the commission of. “crimes as part of a widespread or systematic attack against any civilian population.” order to establish the commission of a crime against humanity (CAH), the homework, Prosecution needed to. prove beyond a reasonable doubt, inter alia, that attacks by the CDF and plato essay the Kamajors were. directed “against any civilian population.” This is one of the general or ‘chapeau’ requirements. for crimes against humanity that must be proven in addition to the actual commission of the. specific crime, i.e. Fraction Homework? murder.5 The Trial Chamber found that the Prosecution had not established. this requirement beyond reasonable doubt, based on dubois tenth evidence that attacks by the CDF and the.
Kamajors were directed against rebel forces, specifically the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council (AFRC), and the Prosecution’s admission that the. CDF and the Kamajors “fought for the restoration of democracy.”6. On its first ground of appeal, the Prosecution submitted that the fraction homework help, Trial Chamber had erred in both. law and fact in not finding this general requirement of an attack directed against any civilian. population.7 The Prosecution first submitted that the Trial Chamber erred as a matter of law in 3 See Prosecutor v. Essays On Propaganda? Norman, Fofanah and Kondewa, Judgment, SCSL Trial Chamber I, Case No. SCSL-04-14-J. (August 2, 2007) [hereinafter CDF Trial Judgment].
4 See the fraction homework, Statute of the essay proofreader, Special Court for Sierra Leone, Article 2. 5 See Steven R. Ratner and Jason S. Abrams, Accountability for Human Rights Atrocities in homework help, International Law: Beyond the Nuremberg Legacy, 2nd Ed. (Oxford: Oxford University Press, 2001), pp. 58-79. 6 CDF Trial Judgment, para. 693.
7 Prosecution Appeal Brief, para. 2.5. basing its finding on evidence that attacks were directed against the rebels or juntas.8. Prosecution argued the Trial Chamber effectively adopted the view that, as a matter of law, an. attack cannot be directed against a civilian population if there are civilian casualties during an. attack against opposing military forces.
The Prosecution further argued the Trial Chamber erred. as a matter of law in communication theory, finding that the CDF ‘fought for the restoration of democracy,’ because this. is not and should not be a material consideration in determining whether or not crimes against. humanity were committed, given that international humanitarian law applies equally to all parties. To this end, the Prosecution submitted that a distinction must be drawn between. the purpose and the target of the help, attack, and that the purpose - i.e. fighting for the restoration of. democracy - is not relevant to ascertaining the target - i.e. a civilian population. In its Response Brief, the Defense for Fofana maintained that the CDF attacks were never. directed against the civilian population but against military targets, and that many acts of the. Kamajors were isolated, random and unauthorized by essay the CDF.10 In addition, the Defense.
submitted that the CDF’s policy was never to fraction homework help terrorize civilians, since this would be contrary to. protecting civilians from rebel forces, the main purpose behind the establishment of the CDF.11. The Defense counsel for Kondewa submitted that the essay program, finding that the CDF fought to help restore the. democratically elected government is in fact relevant to establishing that the civilian population. was not the communication essay, specific or primary target of the attacks.12 This argument implies that the reasons for.
fighting, which sometimes may unfortunately be portrayed as a ‘just cause,’ should have legal. importance for establishing or disproving the homework help, necessary context for crimes against humanity. Kondewa’s defense essentially argued that the existence of a plan or policy -which is often. established through evidence of a party’s ‘reasons for fighting’ or their objective - has been. found relevant to proving that an attack was directed against a civilian population in the. jurisprudence of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the. International Criminal Tribunal for Rwanda (ICTR).13.
For this reason, it should also be. evidentially relevant to proving that an attack was not directed primarily against a civilian. population. On Immigration? The Defense’s argument is subtle and one must be careful not to place too much 8 Prosecution Appeal Brief, para. 2.16; CDF Trial Judgment, para. 693. 9 Prosecution Appeal Brief, para. 2.51.
10 Fofana Response Brief, para. 6. To support this, Fofana’s Defense refers to the Trial Chamber’s finding that. “[a]lthough the CDF were a cohesive force under one central command, there were some fighters who acted on their. own without the knowledge of central command.” Ibid., para. 7. 11 Ibid., para. 16. 12 Kondewa Response Brief, para. 1.8.
13 Ibid. See also, CDF Appeal Judgment, para. 241. emphasis on how the reasons for fighting can help establish the absence rather than the homework, presence. of a particular policy.
Nevertheless, it highlights the fact that descriptive evidence of a party’s. reasons for fighting are evidentially relevant to elucidating the underlying objective - and thus in. some cases the object or target - of a party’s military operations. If one considers in more detail the communication essay, required context for the commission of crimes against. humanity, one begins to see how and why the fraction homework, reasons for plato, fighting are legally and evidentially. relevant.14 Firstly, it is important to note that the concept of an homework, ‘attack’ in dubois tenth, the context of CAH is. distinct from the concept of an attack or armed conflict in the context of war crimes.
A military. operation is help, not necessarily an attack against a civilian population even if - or because - breaches of the laws of essay on immigration war occur or there are heavy civilian casualties. The contextual CAH. prerequisite of an ‘attack’ is only established to the extent that a military operation can be shown. to be aimed or directed at a civilian population. More specifically, a court must determine that. the attack was directed primarily against a civilian population, and was not just the consequence. of an excessive use of military power.
The CDF Trial Chamber did adopt this dictum from the. ICTY Appeals Chamber15 that ‘directed against’ in fraction homework, the context of CAH implies that the civilian. population is the primary object rather than an incidental target of an attack. An attack can still. be considered as primarily directed against proofreader, a civilian population if the court is satisfied that in. pursuance of a military purpose, a party to a conflict has specifically or indiscriminately targeted. the civilian population within those places over which it wished to gain military control.
However, civilian casualties do not in and of themselves render the attack as one directed. ‘against a civilian population’ for the purposes of CAH. The question then is how a Court. ascertains that an fraction, attack is directed against a civilian population, particularly if it is in pursuance. of a military purpose. Here the ad hoc tribunals have largely relied on evidence of whether there. is a political objective or a plan pursuant to which the attack is perpetrated or an ideology, in the. broad sense of the word, to destroy, persecute or weaken a community.16 The Blaskic Trial 14. For good overviews of the development of crimes against humanity and their elements, as well as pertinent.
judicial decisions, see Anthony Cassese, International Criminal Law (Oxford: Oxford University Press, 2003): 64- 95; Kriangsak Kittichaisaree, International Criminal Law (Oxford: Oxford University Press, 2002): 85-128; Gunal Mettraux, “Crimes Against Humanity in essay cave, the Jurisprudence of the International Criminal Tribunals for the. Former Yugoslavia and for Rwanda,” 43 Harvard International Law Journal (2002): 237-316. 15 See Prosecutor v. Kunarac et al, Judgment, ICTY Appeals Chamber, Case No. IT-96-23 IT-96-23/1-A (12 June.
2002) [hereinafter Kunarac Appeal Judgment], para. 92. See also CDF Trial Judgment, para. Homework? 114. 16 See Prosecutor v. Tihomir Bla#61676;kic, Judgement, ICTY Trial Chamber, Case No. Cave? IT-95-14-T (3 March 2000) [hereinafter Blaskic Trial Judgment], paras. 203-206.
Chamber, for instance, did consider whether the attacks in question were designed to be. responses to military aggression or had military objectives.17 In the context of the help, conflict in the. former Yugoslavia and the systematic nature of dictionary essayist attacks that were directed against specifically. Muslim civilian populations, it concluded that the attacks could not have been justified by. The ICTY has adopted a liberal interpretation of the term ‘civilian,’ which the homework, SCSL has largely. followed. For instance, the ICTY has held that ‘civilian’ includes victims who at one time bore. arms, and that at a minimum the “Prosecution must show that the dictionary essayist, perpetrator could not. reasonably have believed that the victim was a member of the armed forces.”18. international law, as well as the fraction homework help, jurisprudence of the ICTY and essay ICTR, the victims of CAH may.
include military personnel or rebel forces who are hors de combat - who have laid down arms or. are injured.19 However, the fraction help, targeted population must still be predominantly civilian in program, nature, and non-civilians are victims because of their membership or presence within the civilian. population that is fraction, targeted by the accused or the attack. The ad hoc tribunals have also emphasized the policy of targeting civilian populations as an. important part of the context of CAH. In fact, “[i]t is the existence of such a policy that endows. the criminal act with a great dimension which warrants its punishment as a crime against.
A policy of attacks against a civilian population is essay proofreader program, one of the homework, main aspects of. proving the commission of a CAH, and essays in advertising is often used to establish the ‘systematic’ component of. such attacks. Help? This supports the argument that the grounds for commission or the dictionary essayist, reasons for. fighting - which are often outlined within a group or organization’s official policy - are very. much relevant to elucidating whether or not such a policy was intentionally targeting civilian. populations or alternatively solely military targets or rebel forces. While they are not necessarily. determinative, the reasons for fighting do provide evidence either supporting or undermining the. contention that particular attacks were direct against a civilian population, and thus cannot.
automatically be discounted. Both the Majority Opinion and homework help Justice King’s Dissenting Opinion 17 See ibid., paras. 425-28, 573-79, 623-34, 676-78. 18 Prosecutor v. Kunarac et al, Judgment, ICTY Trial Chamber, Case No. Dubois Essay Tenth? IT-96-23-T IT-96-23/1-T (22 February. 2001) [hereinafter Kunarac Trial Judgment], para.
435. 19 See Prosecutor v. Mrksic and Others (Vukovar Hospital Case), Judgment, ICTY Trial Chamber II, Case No. IT- 95-13/1 (27 September 2007), paras. 29-32; Blaskic Trial Judgment, paras.
210, 216; Prosecutor v. Kayishema and. Ruzindana, Judgment, ICTR Trial Chamber, Case No. Help? ICTR-95-1-T (21 May 1999) [hereinafter Kayishema Trial. Judgment], para. 127. 20 Kayishema Trial Judgment, paras.
124-6. recognize this, but address the distinction between a ‘just cause’ and the reasons for essay on immigration, fighting. differently, based on fraction help how they interpret the argument that the CDF were fighting for the. restoration of a democratically elected government. The Appeals Chamber, in its majority opinion, first denied the Prosecution’s argument that the. Trial Chamber made its finding that the CDF fought for the restoration of democracy a decisive. consideration in its judgment.21 Not surprisingly, it emphatically rejected the talented, idea that fighting.
for the restoration of democracy could provide a justification for the commission of crimes. against humanity. However, instead of attempting to differentiate between the idea of fraction homework help a ‘just. cause’ as justification and the ‘reasons for essay, fighting’ as material to the determination of the. context of CAH, the Appeals Chamber instead decided to interpret the fraction help, Trial Chamber’s judgment. as not heavily relying on the finding that the CDF were fighting for the restoration of democracy. For this reason, the theory essay, Appeals Chamber did not consider whether or how the finding could be. material to homework the contextual elements of CAH. It did, however, note the argument of Kondewa’s. Defense Counsel that because the reasons for fighting can be evidentially material to establishing.
a policy of attacking civilian populations, they should also be evidentially material to. establishing the absence of dictionary essayist such a plan.22. The Appeals Chamber also denied the Prosecution’s alternative submission of fraction legal error, that. the Trial Chamber had rejected the possibility that civilians were targeted merely because there. was evidence of attacks directed against rebel forces. The Appeals Chamber was unable to. conclude that the Trial Chamber considered as a matter of law that a military attack cannot. coexist with an attack directed against any civilian population.23 Thus the Appeals Chamber did. not reverse the Trial Chamber’s verdict of dictionary essayist not guilty on the basis of the misapplication of the.
legal principles of CAH. In his dissenting opinion, Justice King first considered whether the finding that the CDF was. ‘fighting for the restoration of democracy’ is a material consideration in fraction homework help, determining whether a. civilian population is the primary object of an attack. While he agreed with the Prosecution’s. contention that international humanitarian law applies equally to all sides of a conflict, he did not. think the on propaganda in advertising, Trial Chamber was necessarily referring to fraction homework help which side of the conflict was in the right.
21 CDF Appeal Judgment, para. 247-9. 22 Ibid., para. 241. 23 Ibid., para. 251-2. For him, the Trial Chamber was actually referring to the fact that the object of plato attacks by the. CDF and the Kamajors was the AFRC and the RUF, in order to restore the elected government. For Justice King, this is a relevant factor in evaluating the “totality of the evidence” to determine. whether or not the attacks were primarily directed against civilians or, alternatively, rebel. forces.24 In particular, it is a relevant factor in determining whether the charges put forth in the.
Prosecution’s indictment - that the CDF was fighting to gain control of the territory and. population of Sierra Leone - had been sufficiently proven.25. Justice King argued that the evidence did not support these charges, given that the CDF were. fighting to restore the democratically elected government and fraction not to theory essay “gain complete control over. the population of Sierra Leone.”26 While he stated numerous times that the reasons for homework help, fighting. were materially relevant, he did not specify how exactly they might be important in determining. whether the attacks were directed against the civilian population. One could further elaborate on. Justice King’s position to argue that the reasons for fighting provide evidence of the object of. attack and communication theory essay not simply the purpose of the attack.
Often, the reasons for fighting or the homework, purpose of. an attack - the very policy behind the attack that must be established to prove the essayist, systematic. requirement of the CAH - will inform which objects of attack are chosen. While the two are not. equivalent, they are also not mutually exclusive.
The purpose of the attack can elucidate what. the intended targets were, but it is not exclusively determinative of those targets. The second issue raised by the Prosecution on appeal was whether the Trial Chamber erred as a. matter of fraction help fact in finding the absence of attacks directed against a civilian population. In. reviewing the essay, Trial Chamber’s findings that attacks were not directed against any civilian. population, the Appeals Chamber first noted that this conclusion was “devoid of articulation of. its reasoning” and that the Trial Chamber “misdirected itself when applying the [legal] principle. it had already stated, by confusing the fraction help, target of the attack with the purpose of the attack.
When. the target of the dubois talented tenth, attack is the civilian population, the purpose of that attack is immaterial.”27. While this latter statement is certainly true, the homework, Appeals Chamber put the cart before the horse. The issue before both the essay on immigration, Trial and the Appeals Chamber was whether a civilian population was. the target, and fraction help the purpose of the attack can be evidentially relevant in adducing whether this is 24 King’s Dissenting Opinion, paras. 28-9. 25 CDF Indictment, para. Plato Essay Cave? 19. 27 CDF Appeal Judgment, paras. 298, 300. the case; only if and help when it is found that a civilian population was the target, does the purpose.
of the attack lose its relevance and become immaterial. In other words, the purpose of the attack. is material to whether a civilian population is the target but only dubois essay tenth becomes immaterial when a. civilian population is the target. The Appeals Chamber then reviewed the record with respect to each attack and found sufficient. evidence of fraction homework targeted attacks against civilians as a group or population. Of particular importance. for the Appeals Chamber was the Trial Chamber’s own finding that there were incidents when. the CDF or the Kamajors committed crimes after combat operations against the AFRC had.
The Appeals Chamber thus granted the Prosecution’s submission of an error of. fact and reversed the acquittals on the basis of its own findings of fact. This is particularly. important if one considers the dictionary, rationale behind and normative desirability of appellate review of. acquittals, addressed below.
Justice King dissented as to whether the attacks by help the CDF and Kamajors were in fact directed. against any civilian population. He disagreed with the Appeals Chamber’s findings that in. Tongo, Bo, Kenema and Korbondo, the Kamajors and dictionary essayist the CDF engaged in attacks directed. against the civilian population. He first considered whether attacks in these areas had a military.
objective, and supported the Trial Chamber’s findings, for example, that these attacks were. military operations against rebels in Tongo and that there were only eleven civilian casualties in. Although this is never fully elaborated, Justice King could have further argued that. such attacks cannot be considered directed against fraction homework help, a civilian population, because they were. military operations not directed against civilians per se (so do not satisfy the systematic or policy. requirement for essay proofreader program, CAH), and the extent of civilian casualties was not sufficiently widespread to. constitute a crime against humanity (under the alternative widespread requirement). Justice King argued that the Trial Chamber looked for relevant legal authority and principles and.
applied those principles to the factual findings made. Fraction Homework Help? He thus disagreed with the Appeals. Chamber’s contention that the Trial Chamber’s opinion is devoid of in advertising “articulation of its. He also disagreed with the help, Prosecution’s charge that it is “apparent” from the Trial. Chamber’s findings that it considered, as a matter of law, that an attack is not “directed against. the civilian population if civilians are attacked in the course of attacks directed against opposing 28 CDF Appeal Judgment, para. 305; CDF Sentencing Judgment, para. 85. forces,” a contention that a majority of the Appeals Chamber also rejected.29 Justice King. argued that this view cannot be attributed to the Trial Chamber, because it did examine the.
evidence and then arrived at essays on propaganda in advertising the conclusion that the evidence did not prove beyond a reasonable. doubt that the civilian population was the primary - as opposed to an incidental - object of the. Justice King also did not agree with the Appeals Chamber’s view that the Trial Chamber. confused “the target of the attack with the purpose of the homework, attack.”30 For Justice King, the communication essay, Trial. Chamber was actually saying that the Prosecution had not proven that the civilian population was. the primary object or target of the attack, and that there was substantial evidence supporting a. finding the primary object was the AFRC and homework help its allies (a military target) and not the civilian. population.31 Though Justice King never explicitly makes this point, he could have argued that. while the essay proofreader program, purpose of the attack may not be determinative, it is in fact entirely relevant to. establishing the target of the attack, given that the objective or purpose of a particular attack. partly determines the objects or targets against which it is directed.
This is especially relevant in. ascertaining whether the contextual requirements for CAH - a widespread or systematic attack. against any civilian population - have been established. Justice King’s dissent partially derives from the help, role he argued the Appeals Chamber should. adopt in reviewing findings of fact, particularly on appeals from acquittals. For Justice King, the. Appeals Chamber should not usurp the Trial Chamber’s power to enter findings of essay tenth fact in help, the. first instance, because it “has not heard the evidence and plato essay it might select pieces of evidence which. tend to support its findings of homework help fact, whereas countervailing evidence may, in talented tenth, the circumstance, not be given the weight that the homework, Trial Chamber, which saw and heard the witnesses, gave to it.”32. Thus the Appeals Chamber should largely defer to the Trial Chamber’s findings of fact, and essayist it is.
“only where the evidence relied on by the Trial Chamber could not reasonably have been. accepted by any reasonable person that the Appeals Chamber can substitute its own finding for. that of the Trial Chamber.”33 This is particularly true when the Appeals Chamber is homework, considering. an appeal from an acquittal. While legally, under international law, an essay on immigration, appellate court can. reverse an acquittal on the basis of errors of law and fact, from a normative point of view one 29 Prosecution Appeal Brief, para. 2.16. 30 CDF Appeal Judgment, para. Homework Help? 304. 31 King’s Dissenting Opinion, para.
53. 32 Ibid., para. Program? 44. 33 King’s Dissenting Opinion, para. 55, quoting ICTY Delalic et al, Appeal Judgment, para. 458. can argue that it should be especially careful in doing so solely on the basis of homework help errors of on immigration fact, given that this conflicts with the idea of fraction homework help double jeopardy in some legal systems.
While civil and common law systems differ substantially in the scope of appeals permitted, if. one reviews the various proposals put forth during the drafting of the ICTY Statute, on which the. SCSL Statute is largely based, only one proposal put forth by the Organization of the Islamic. Conference suggested that prosecutorial appeals should be permitted on both issues of law and. fact.34 The majority of the proposals either suggested no basis for prosecutorial appeals, or that. such appeals should be limited to reviewing errors of law. With no clear rationale or.
commentary, but arguably to appease all of the negotiating parties, the adopted ICTY Statute. provided for a wide scope of plato cave appeal for both the prosecution and homework help the defense. supports the idea of a broad provision of ‘equality of theory arms.’ However, the primary justifications. for appellate review in ad hoc tribunals, namely consistency of decisions and the development of. law, do not usually apply to homework help appellate review of findings of essay fact, given that factual decisions have. little if any relevance beyond the individual case.35.
Common law systems generally do not allow factual review of acquittals in trials by a jury or. bench trials, since this violates the presumption of innocence. Fraction Homework? Civil law systems vary depending. on the structure and dictionary essayist trial process of their lower and upper courts. One justification put forth for a. broad scope of appellate review is justice in the individual case. Appellate review of factual. issues in the case of fraction homework help reviews of convictions certainly does further the interest of justice in the. individual case, given the severity of the essay, punishment that accompanies a conviction. It is. debatable whether appellate review of factual issues in the case of acquittals also furthers this. interest.
For example, if the appellate court reaches a different conclusion regarding the facts, this in fraction homework help, itself might demonstrate ‘reasonable doubt,’ indicating that the prosecution has not. fulfilled its burden of proof. In the ad hoc courts, an acquittal by communication theory a three-judge panel is arguably. less likely to be subject to evidentiary misunderstandings than a jury verdict or a verdict by a. single judge, and thus the practical need for prosecutorial appeals from acquittals on questions of. fact is reduced.36. In fact, if any error in interpreting or evaluating the homework, evidence is made, it is essay program, more. likely to be made by the Appeals Chamber, which is further from the record and the witnesses. 34 See Mark C. Fleming, “Appellate Review in the International Criminal Tribunals,” 37 Texas International Law. Journal (2002): 111-155, at 118-19. 35 Ibid., pp. Homework Help? 135-6.
36 It should be noted that this criticism does not apply to essayist prosecutorial appeals on issues of homework fact where the defendant. bears the burden of proof, for instance if the Trial Chamber acquitted on the basis of an insanity defense. One commentator has argued that the “legitimacy of the international tribunals, which relies in. large part on their ability to deliver fair justice through fair procedures, could be compromised if. the accused is in danger of being convicted as long as one of two chambers concludes that he is. guilty.
The interest in on immigration, preserving justice in the individual case recommends that a conviction. stand only if both chambers agree that a conviction is reasonable in fraction help, light of the dubois, evidence.”37. because Article 20 of the fraction help, Statute of the SCSL provides for a broad scope of prosecutorial appeal. on acquittal does not in itself normatively justify appellate review of questions of fact in plato, the case. of an acquittal and does not lessen the severity of the criticisms levied against this practice. While in the near future, a broad scope of homework help prosecutorial appeal is likely to be retained in the ad. hoc tribunals, it is an communication essay, issue underpinning Justice King’s dissent in the CDF Appeal Judgment and. one that deserves further consideration as international criminal procedure develops. Mitigating Factors in help, Sentencing Decisions: CDF’s ‘Just Cause’ and Motive of Civic Duty. The sentencing inquiry undertaken by essays Trial Chambers in the ad hoc tribunals entails wide.
discretion and is similar to that in homework help, common law countries, where there are no fixed penalties and. courts are not constrained by essay tenth previous sentences that have been handed down. Instead, sanctions. are purportedly tailored to fit the fraction homework, unique circumstances of each offence and the individual. circumstances of the offender. Central to this inquiry is the principle of proportionality - that the. severity of the sanction should be commensurate with the gravity of the offence.38. the length of a sentence, a Trial Chamber is first required to dictionary essayist establish a penalty proportionate to. the seriousness of the crime and then required to take into account any individualized. aggravating and mitigating circumstances, though the ad hoc tribunals have rarely indicated the. weight given to each consideration.
The aggravating circumstances should be proven beyond. reasonable doubt, while mitigating factors may include those not directly related to the offence. and only need to be established by a balance of probabilities.39. Although the tribunals have proffered a number of rationales for homework, sentencing, their decisions. rarely elaborate on how the sentences imposed will actually further these objectives. As some. commentators argue, international sentencing law is on immigration, so “indeterminate that sentencers are free to 37 Fleming, p. Homework? 140. 38 For an overview of the sentencing practices of the ad hoc tribunals, see Mirko Bagaric and dubois tenth John Morss, “International Sentencing Law: In Search of Justification and a Coherent Framework,” 6 International Criminal Law. Review (2006): 191-255. 39 See, for fraction, example, Prosecutor v. In Advertising? Dragan Nikolic, Sentencing Judgment, ICTY Trial Chamber II, Case No.
IT-94-2- S (18 December 2003), para 145. switch from one rationale to fraction another as they choose.”40. Another commentator has suggested that. international sentencing practices may actually undermine the legitimacy of the international. criminal justice system and its contribution to local or more holistic processes of on propaganda transitional. justice, by not adequately “relating the outcomes of international sentencing to local perceptions. of justice.”41 Supporting this skepticism is the homework, fact that it is difficult to empirically substantiate.
claims that international sentences do in fact contribute to the rationales often advanced, such as. peace, reconciliation, retribution or deterrence. This implies that the essay on immigration, gap between “what victims. and victimised communities perceive as justice and homework what passes as international criminal justice” Though it is on immigration, debatable whether this critique can really be generalized to all ad hoc. tribunal decisions, the fraction homework help, difficulty of relating an internationalized form of justice in essay on immigration, the form of. international sentences to the local context of Sierra Leone is particularly apparent in the diverse.
reactions by Sierra Leoneans to the CDF Appeals Judgment. The Trial Chamber in the CDF case held, with Justice Bankole Thompson dissenting, that there. was no defense of ‘necessity’ in international criminal law, and that ‘necessity’ could not be. taken into account as a mitigating factor in fraction help, sentencing. Communication Theory Essay? However, the Trial Chamber did. consider as mitigating factors that the Defendants and fraction homework the CDF/Kamajors were “fighting to. support a legitimate cause which. was to restore the democratically elected government of.
President Kabbah,” that they fought with the support of ECOMOG, and that this “contributed. immensely to re-establishing the on immigration, rule of law.”43 It also concluded that “the contribution of fraction homework help the. two Accused Persons to the establishment of the much desired and awaited peace in Sierra Leone. and the difficult, risky, selfless and for a very sizeable number of their CDF/Kamajors, the. supreme sacrifices that they made to achieve this through a bloody conflict, is in itself a factor. that stands significantly in mitigation in their favour.”44. With regard to motive of civic duty, it. found that the Defendants did not join the conflict for program, ‘selfish reasons’ and that they “acted from. a sense of civic duty rather than for personal aggrandizement or gain.”45. 40 Bagaric and fraction help Morss, at 208.
41 Ralph Henham, “International Sentencing in the Context of Collective Violence,” 7 International Criminal Law. Review (2007): 449-468, at 451. 43 CDF Sentencing Judgment, paras. 79, 83, 87. 44 Ibid., para.
91. 45 Ibid., para. 94. On appeal, the theory essay, Prosecution alleged ten errors of the Trial Chamber in its sentencing decision. The Appeals Chamber gave credence to only one alleged error, that of “treating the ‘just cause’ of the Accused as a mitigating factor” and considering motive of ‘civic duty.’46 The Prosecution.
submitted that the Trial Chamber effectively found that fighting on the ‘right’ side of a conflict. could serve as a mitigating factor in sentencing, and that accepting the homework, so-called ‘justness’ of the. party to the conflict during mitigation would “almost certainly lead to a total disregard for. humanitarian law.”47 The Prosecution finally submitted that the cave, Trial Chamber’s treatment of. ‘motive of fraction homework civic duty’ as a mitigating factor was also based on an assumption that the Defendants. were fighting on the ‘right’ side of the conflict. In response, the Defense for Fofana submitted that motives of plato cave either so-called ‘just cause’ or. ‘civic duty’ are part of the factual and help contextual differences that the Trial Chamber must. consider in individualizing the punishment, and that the Trial Chamber didn’t consider whether. the Defendant fought on theory the ‘right’ side of the conflict per se, but merely whether he had a ‘good. motive.’48 The Defense for fraction help, Kondewa also submitted that because an plato, ‘evil motive’ can be.
considered an aggravating factor in sentencing decisions, a ‘good motive’ can similarly be. considered a mitigating factor.49. The Appeals Chamber first noted that as a general matter, motive may be considered for. sentencing purposes, although it does not constitute a defense against fraction help, criminal liability. This is.
supported by the fact that the ICTR, to which the SCSL may refer for sentencing practices, often. considers the character and motive of the accused during the conflict as a mitigating factor.50. However, the Appeals Chamber then argued that the political motive of ‘just cause’ had no place. in international criminal justice, and communication theory that international humanitarian law “specifically removes a. party’s political motive and the ‘justness’ of a party’s cause from consideration.”51 While this is. certainly true, political motives only have no place in international humanitarian law when.
considering the guilt or innocence of the accused. Though the ad hoc tribunals generally render. their judgments and homework help sentencing decisions together, for reasons of procedural efficiency, 46 Prosecution Appeal Brief, para. 4. 47 Prosecution Appeal Brief, para. Essay On Immigration? 9.39. 48 Fofana Response Brief, paras. 193-6. 49 Kondewa Response Brief, paras. 9.38-9.39, citing Blaskic Trial Judgment, para.
785. 50 For an overview of the sentencing practices of the ICTR, see the Human Rights Watch report on “Charging, 51 CDF Appeals Judgment, para. 530-1. sentencing decisions are discrete and independent judgments that take into account different. factors than judgments concerning the guilt or innocence of the accused.52. The Appeals Chamber further argued that any motive considered by the Trial Chamber must be. “consistent with sentencing purposes,” referring to those ‘legitimate’ rationales elaborated by the. ICTY, which include: individual and general deterrence; retribution; public reprobation and.
stigmatization by the international community; and fraction help rehabilitation. The Appeals Chamber. considered the primary objectives to be retribution and essay on immigration deterrence.53 It argued that allowing. mitigation for fraction, the personal motives of an essay proofreader program, accused would undermine the purposes of sentencing. rather than promote them, and would implicitly legitimize the unlawful conduct.54. concluding, the Appeals Chamber noted that the most important consideration in sentencing is. the “revulsion of fraction mankind, represented by the international community” and not the “tolerance. by a local community of the crime; or lack of public revulsion in relation to the crimes of such. community; or local sentiments about the persons who have been found guilty of the plato essay cave, crimes.”55.
Thus, the Appeals Chamber held that the Trial Chamber erred by considering ‘just cause’ and. ‘motive of civic duty’ as relevant factors in its sentencing decision, and homework help that the Appeals. Chamber had the ability to revise these sentences. Justice King dissented on both issues, arguing. that the Appeals Chamber interfered with the discretion afforded to essays in advertising the Trial Chamber in. determining the appropriate penalties. Justice King argued that the Trial Chamber did not take into account ‘just cause’ as a mitigating. factor, but rather what the Defense had in fact pleaded - that the fraction, fighting was mobilized in order. to restore the democratically elected government of. President Kabbah, without implying any.
normative evaluation about whether this end was ‘just.’56 The Trial Chamber Justices. themselves only mentioned the phrase ‘just cause’ in rejecting the defense of necessity raised by. Justice Bankole Thompson in his Dissenting Opinion. On Propaganda In Advertising? Justice King thus appeared to be arguing. (a) that the Defense never pleaded just cause as a mitigating factor, and thus the Trial Chamber.
did not consider it as such; and (b) that when the homework help, Trial Chamber considered the argument that the. CDF and the Kamajors were fighting to dictionary restore the democratically elected government as a 52 For this argument, see Ralph Henham, “Procedural justice and human rights in fraction, international sentencing,” 4. International Criminal Law Review (2004): 185-210. 53 Ibid., para. 532. 54 Ibid., para. 534. 55 Ibid., para. 564. 56 King’s Dissenting Opinion, para.
107. mitigating factor, this is not equivalent to considering a ‘just cause’ argument because the Trial. Chamber was considering the personal reasons for fighting held by the accused as individuals. and not necessarily the dictionary, political justness of the collective cause. In Justice King’s opinion, a. reasonable person would conclude that the Trial Chamber took into account both the fraction help, gravity of.
the offence and the individual circumstances of the accused, and so correctly applied Article 19. of the Statute of the SCSL.57 For this reason, he dissented with the Majority’s view that the proofreader program, Trial. Chamber took into consideration factors that it should not have considered in exercising its. sentencing discretion, and so the fraction homework help, Appeals Chamber did not have the right or the power to. substitute its own discretion.
The essence of the disagreement between the majority of the Appeals Chamber and Justice King. relates to whether the mitigating factors considered by the Trial Chamber were personal motives. or factors, which are entirely pertinent to essay sentencing decisions, or collective and effectively. ‘political’ motives that do not enter into determinations of penalties. Fraction Homework Help? One could argue that the. Appeals Chamber was so concerned with preserving the appearance of impartiality and avoiding. a perception of ‘victor’s justice’ that it entirely refused to consider the essay, guilt of the CDF relative. to the homework help, other parties of the conflict. It is perhaps for this reason that the CDF Appeals Sentencing.
Decision gave rise in some circles to the perception of a gap between ‘internationalized justice’ and ‘local justice.’ However, the dictionary essayist, fact that the fraction homework help, Appeals Chamber strove to avoid the communication theory essay, perception of. ‘victor’s justice’ in and of itself is a laudable undertaking. Yet in doing so, the Court overlooked. the fact that the SCSL is required to fraction take into account individual factors that bear - not on the. relative guilt or innocence of the accused - but on essay the extent of their punishment. majority of the homework, Appeals Chamber appears to communication have reached an appropriate judgment in deciding. that the justness of a party’s reasons for homework help, fighting is on immigration, not relevant to sentencing, the personal. reasons of the fraction help, accused for fighting - in the descriptive sense - should bear on plato essay his or her conduct. during the conflict and thus act as an individualized mitigating factor during sentencing.
In the. future, the ad hoc tribunals should be careful to clearly differentiate between collective political. motives - such as a ‘just cause’ - and these personal political motives that bear on homework help the conduct of. the accused during the conflict. 57 Ibid., para. 115-116. Prosecutor v. In Advertising? Tihomir Bla#61676;kic, Judgment, ICTY Trial Chamber, Case No.
IT-95-14-T (3 March. Prosecutor v. Fofanah and Kondewa, Judgment, SCSL Appeals Chamber, Case No. SCSL-04- 14-A (May 28, 2008). Prosecutor v. Kayishema and Ruzindana, Judgment, ICTR Trial Chamber, Case No. ICTR-95-1- Prosecutor v. Kunarac et al., Judgment, ICTY Trial Chamber, Case No. Fraction Help? IT-96-23-T IT-96- 23/1-T (22 February 2001). Prosecutor v. Kunarac et al., Judgment, ICTY Appeals Chamber, Case No. Cave? IT-96-23 IT-96-
23/1-A (12 June 2002). Prosecutor v. Mrksic and Others (Vukovar Hospital Case), Judgment, ICTY Trial Chamber II, Case No. IT-95-13/1 (27 September 2007). Prosecutor v. Dragan Nikolic, Sentencing Judgment, ICTY Trial Chamber II, Case No. IT-94-2- S (18 December 2003). Prosecutor v. Norman, Fofanah and Kondewa, Judgment, SCSL Trial Chamber I, Case No.
SCSL-04-14-J (August 2, 2007). Articles and homework help Books. Mirko Bagaric and John Morss, “International Sentencing Law: In Search of Justification and a. Coherent Framework,” 6 International Criminal Law Review (2006): 191-255. Anthony Cassese, International Criminal Law (Oxford: Oxford University Press, 2003). Mark C. Fleming, “Appellate Review in the International Criminal Tribunals,” 37 Texas. International Law Journal (2002): 111-155. Ralph Henham, “International Sentencing in the Context of Collective Violence,” 7 International. Criminal Law Review (2007): 449-468. Ralph Henham, “Procedural justice and human rights in in advertising, international sentencing,” 4. International Criminal Law Review (2004): 185-210.
Kriangsak Kittichaisaree, International Criminal Law (Oxford: Oxford University Press, 2002). Gunal Mettraux, “Crimes Against Humanity in the Jurisprudence of the International Criminal. Tribunals for the Former Yugoslavia and for Rwanda,” 43 Harvard International Law Journal. Steven R. Ratner and Jason S. Abrams, Accountability for Human Rights Atrocities in. International Law: Beyond the Nuremberg Legacy, 2nd Ed. (Oxford: Oxford University Press, About the fraction, Author. Cosette Creamer is a J.D.-Ph.D. candidate at Harvard University, Department of Government. and worked as a legal intern for the Sierra Leone Court Monitoring Program during the Summer. The publication of on immigration this essay has been financed by the Open Society Initiative for West. Africa (OSIWA). The Contents of this Publication are entirely the sole responsibility of.
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