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The ICC’s investigations have already deterred potential crimes. There is compelling evidence that the ICC’s past or current investigations have caused potential perpetrators as well as those already indicted, to abandon their plans. For example, as the ICC’s first Prosecutor noted, even before the Court had convicted... | |
Even if Kenya’s recent reforms were motivated by the ICC’s indictments, the 2013 elections were still marked by violence which “as of February 2013, had claimed more than 477 lives and displaced another 118,000 people.” [1] Despite many African governments’ initial enthusiasm for the ICC, the African Union has since o... | |
Although prisoners may associate closely with other criminals within jail, many more offenders were introduced to crime outside prison. A deprived social background, a family life disrupted by domestic violence and family members with histories of criminal behaviour can all lead an individual to become involved with cr... | |
Prisons create criminals The prison environment is harmful to many offenders. Consider the risk of developing a drug or alcohol addiction while incarcerated in the UK (15% of the inmates of one of the UK’s largest jails tested positive for drugs in 2006) [i] ; the risk of being subjected to sexual violence in an US pr... | |
As noted above, the consequences of non-violent crimes can be just as damaging as those of violent crimes. More over, non-violent criminals can also present an immediate danger to society. The cost of constructing a prison is outweighed by the benefit of preventing individuals from committing crimes. Rehabilitation pr... | |
Proportionality A recent study conducted among prisoners in Florida found that from 1997 to 2010 the proportion of new inmates who had committed violent crimes (collating both state and federal prisons statistics) fell by 28% [i] . Meanwhile, the number of first time prisoners who had committed non-violent offences ro... | |
The victims of non-violent offences may suffer as much as the victims of violent offences. A large scale financial fraud, such as that perpetrated by Robert Maxwell or Bernard Madhoff, may deprive thousands of individuals of their savings and pensions, condemning them to a life of poverty. A petty drugs dealer may be s... | |
It is unrealistic to expect the police to act as the sole deterrent to criminal behaviour. The majority of police work concerns the detection rather than the prevention of crime. Only a massive and unfeasible expansion of police numbers and powers could provide a real deterrent to criminality. The purpose of deterrenc... | |
Incarceration is expensive, rehabilitation is not Many of the rehabilitation and intervention schemes made available in prison are replicated in community settings by social services and charities. The cost of delivering these programmes in prison originates from the concept of prison itself. The expense of building, ... | |
Deterrence is a myth The deterrent effect of prison is uniformly overstated. It is popularly thought that the indignity and strictness of the prison environment will discourage criminal behaviour. Further, exposure to the harsh realities of prison is thought to discourage former inmates from re-offending. These assump... | |
A modern liberal state’s duty is to pursue policies and promote values that will have a real and lasting impact on its citizen’s lives. The resolution is such a policy. The opposition’s argument has been tried and failed; in the US, ‘increasing punitive measures have failed to reduce criminal recidivism and instead hav... | |
The opposition argument assumes that punishment must be proportional only to the suffering caused to the victim of a particular crime. Opposition state that for a sentence to be truly proportionate, it must reflect the subjective responses of the victim. This analysis fails to acknowledge that the definition of proport... | |
Rehabilitation can only succeed in prison Rehabilitation programmes are not a panacea – nor are they instantly or reliably effective. The risk of an individual committing crime can only be reduced by long-term engagement with such schemes. Under these circumstances, the best location in which to rehabilitate offender... | |
Incarceration has symbolic value A custodial sentence has strong symbolic value, for offenders, for victims and for society as a whole. Exclusion from society and confiscation of freedoms that the state would normally protect at any cost is a powerful message, one that can be understood easily by both white collar fr... | |
The false distinction between “violent” and “non-violent” crime Distinctions between violent and non-violent offences are not useful when deciding which offenders should be imprisoned and which should receive more lenient, rehabilitative sentences. The severity of a crime can only be defined by its context and consequ... | |
Families and other social networks can play an important role in supporting and encouraging an offender as they rehabilitate. Wives, husbands and children can effectively monitor the behaviour of an offender when trained staff are unavailable. Given that the imprisonment of an adult family member is emotionally traumat... | |
There is no moral duty to respect the humanity of terrorists. Terrorists themselves do not respect human rights. By attacking civilians, they breach the terms of the Geneva Conventions and international human rights law. They do not deserve to be protected by the laws of war because they do not behave like a military o... | |
The moral duty to respect a basic level of humanity, which the Geneva Convention embodies, must be retained Even if we think the terrorist cause is illegitimate we have a moral duty to respect a basic level of humanity. There are certain acts, such as torture, to which no individual should be subjected, regardless of ... | |
Poor treatment is not a significant recruitment tool: whilst some people may be encouraged to join terrorist groups as a result of such behaviour, those who are outraged by human rights abuses in this context should be equally concerned about the violation of human rights which occurs when a terrorist detonates a bomb,... | |
The United Nations can punish those states who refuse to subject its prisoners of war to the Geneva Conventions The United Nations, as the institution that formed and maintains the Geneva Conventions and other restrictions on warfare, is able to use its structures to punish states that do not adhere to its protocols. ... | |
Terrorists are engaged in war, which much remain subject to the Geneva Conventions lest it become unrestrained Terrorists are engaged in a war like any other: they unite as a political actor to undertake military action in favour of a specific cause. The fact that they do not represent one individual nation and that t... | |
Terrorists are not engaged in a war. Their actions are aimed at destruction of civil society and of nations across the globe. The Geneva Conventions exist to control wars between nations in a way which respects human dignity and minimises long-term harm. Wars between nations have a foreseeable end, and the Convention i... | |
The United Nation has the potential to punish parties that do not abide by its protocols, including the Geneva Conventions. However, its ability to do so is limited even when it comes to states since that power is itself granted by its member states. For example, the International Criminal Court is only able to bring c... | |
Harsh interrogation is indeed necessary, due in part to the unique efficacy of harsh interrogation in dealing with the new threat. The interrogation of a terrorist is qualitatively different to that of a soldier, due to the nature of terrorist attacks and the importance of information in their prevention. Michael Hayde... | |
Poor treatment of terrorists affirms terrorist ideology and provides a recruitment tool, therefore the Geneva Conventions must be applied to prevent this. Poor treatment affirms terrorist ideology: regardless of what is morally right, it would be beneficial to treat terrorists in the ways prescribed by the Convention.... | |
Harsh interrogation is not necessarily an effective tool for extracting valuable information. Harsh interrogation of captives has not been shown to be effective (White, 2007). Those who are prepared to die to advance their cause are unlikely to yield information, no matter how much they are threatened or tortured. Whe... | |
Special interrogation methods are not necessary to combat the terrorist threat. It is always easy to imagine extra lengths that states could conceivably go to in order to protect their soldiers or civilians. However the ambition of the Geneva Conventions in the wake of World War II was to establish limits. The ‘unlawfu... | |
The re-definition of terrorists as unlawful combatants threatens to encourage the use of the evolution of war as an excuse for human rights abuses. The refusal to apply the Geneva Conventions allows states to use tactics such as indefinite detention without trial and enhanced interrogation techniques such as water-boar... | |
With no hope of reciprocity, adherence to the Geneva Conventions would undermine the fight against terrorism There is no moral duty to respect the dignity of terrorists. States should do whatever possible to protect their own citizens. The Geneva Convention is about reciprocity: it is in the interest of our own citize... | |
There are other means by which to protect the rights of terrorists without needing to apply the Geneva Conventions Under the auspices of the Geneva Conventions, prisoners of war can be detained for the duration of hostilities, and are only entitled to return home at the end of the war (International Committee of the R... | |
Special interrogation methods are necessary in order to combat the terrorist threat The war on terror is unlike any other war and so different tactics are necessary in order to win. There is no point maintaining a moral high ground where this leads to more civilian deaths. The Geneva Conventions put barriers in the wa... | |
Terrorists are not lawful combatants, therefore they not do not acquire prisoner of war status Prisoner of war status is only granted to those who legally and morally deserve its protections. Therefore, those who wish to seek the protection of the Geneva Conventions, the laws of war, have a duty to distinguish themsel... | |
The Geneva Conventions provide the only fair, impartial and strong mechanism for protecting the human rights of detainees in the war on terror. Applying the Geneva Conventions would allow the Red Cross to inspect prisons where detainees are held (Anonymous, 2002). Breaches of the Geneva Conventions also give rise to St... | |
Treating terrorists with respect for their human rights allows those fighting the war on terror to take the moral high ground. By failing to comply with the Geneva Conventions, countries such as the USA are no better than the terrorist groups that they are fighting. The objects of war have changed, states no longer see... | |
Hate speech can encourage dialogue and be positive. Allowing hate speech provides an opportunity to combat and change the views of those who are promoting hatred. In the long term this will lead to a reduction in violence through helping air and then solve the underlying causes. (See Op Argument 1) | |
Reduced dialogue While hate speech is a form of expression, it is not one that encourages dialogue. By promoting hatred based on immutable personal characteristics it is by definition anti-dialogue. Hate speech does not contribute anything; it merely provides a justification for violence and discrimination. Extreme me... | |
The need for interaction is all the more reason to ensure that all ideas are in the marketplace. This way, the veracity of all ideas are questioned. For example, if someone brings bigoted ideas with them as a freshman, perhaps because these ideas were prevalent in the community they grew up in, if they cannot express t... | |
Danger to students Hate speech poses a clear danger to students and other members of the campus community. Often, the hatred is directed towards minority groups that are easily identifiable based on skin colour, clothing, or behaviour. Because these minorities are easy to identify, they can be targeted by those swayed... | |
The government’s primary duty is to protect the constitutional rights of its citizens. Censoring speech is a clear attack on the right to free expression. Governments can use the criminal code to ensure people are protected. Acts that physically harm people or directly encourage others to use violence are already illeg... | |
There is the potential for massive harm should universities become places where individuals continuously need to contain their thoughts and ideas for fear of sanction. It is far easier to actively promote open dialogue and tolerance as this will lead to more diversity. | |
Allowing Hate Speech Discourages diversity Members of groups that find themselves the targets of hate speech will be less likely to attend universities where they feel targeted. As a result, those campuses will become less diverse which will decrease the most effective deterrent of hateful ideas: understanding through... | |
Discourages education of minorities When individuals feel that they will be targeted at a university based on who they are, they are less likely to attend that university either out of fear they will be discriminated against or because they believe that they will not be allowed to express themselves freely without bei... | |
As stated, hate speech can have significant harm on certain individuals’ abilities to attend university and engage in campus life. Their rights to education must balanced against any potential harms that may befall someone who has to think twice before saying something hateful about a member of their university communi... | |
It is wrong that obnoxious and hateful views should be given an airing and individuals left to their own devices to decide if those views are right or wrong. Accepting that these views can be voiced on campus and opponents of these views can make their own case implies that these views have equal standing; which is not... | |
Universities are bastions of free expression Historically, universities have been centres of free speech and expression. The idea of tenure for professors was developed to ensure academic freedom both for teachers and students. [1] Censorship of any type of expression is a direct assault on the principles of a univers... | |
Freedom of expression is a political right Freedom of expression is enshrined in the constitutions of all WLDs because it is a necessary political check on the government. For example article 10 in the European Convention on Human Rights [1] and The First Amendment in the United States. [2] The protection of this righ... | |
Freedom of expression is a means to education Students need to be able to take chances and express unpopular ideas in order to maximize their personal growth and development. Speech codes, even ones designed to only censor hate speech, have a chilling effect on all speech as students become afraid to say anything that... | |
The marketplace of ideas The truth can only emerge from competition between various ideas in free, transparent discourse. To silence any idea is to remove ideas from the marketplace thus reducing the individual’s ability to use his/her reason and intellect to arrive at a conclusion. [1] Silencing ideas also creates se... | |
All rights have to be balanced. Universities have a duty to ensure that everyone is protected and if one person’s right to free speech is infringing on another person’s right to safe access to education in a non-hostile environment then it is just to slightly infringe the first party’s right rather than entirely elimin... | |
Whatever value the expression of hate speech has can be discussed in classrooms where the ideas can be discussed in their social context rather than promulgated from a platform. Banning hate speech will not transform universities into factories of rote learning or crush a progressive atmosphere. Hate speech isn’t about... | |
It is better that people be afraid of what is really happening than to be blissfully ignorant and thus vulnerable. Crime can be frightening, but people need to know about it so they can prepare themselves to deal with it. Furthermore, if violence is growing within communities, there may well be a need for better polici... | |
Reporting generates a constant iteration of fear in the public, and precipitates a ratchet effect toward crime Constant reporting on violent crime makes people more fearful. This not a deliberate effort on the part of the media to keep people afraid, but rather is a corrosive negative externality; violence sells, so m... | |
Some journalists and media outlets are despicable in the way they treat people. Preying upon victims and their families is absolutely wrong, but a ban is not the way to solve this problem as it would simply move the media frenzy to whenever the ban on a case is removed and the details become public. Instead better regu... | |
Reporting on violent crimes compromises the integrity and fairness of law Judges and juries have to be neutral when they preside in court, and no bias can enter the court’s discourse and deliberation if justice is to be done. This is especially true of violent crime, for two reasons. First, in such cases, the court is... | |
Law should be just and unbiased. That is not a controversial position. However, it seems difficult to imagine that reporting on violent crimes has so tremendous an effect on the public that judges and jurors cannot be unbiased in their deliberations. Rather, the process of jury selection as it stands is designed to gua... | |
Terrorists and serial killers make up a tiny proportion of murders and violent criminals in Western countries. In the United Kingdom for example there have been less deaths due to terrorism between 2000 and 2010 than due to bee stings. [1] As a result the very few copycat attacks are not really the issue at all when th... | |
The state owes a duty of protection to victims, victims’ families, and those accused of committing crimes Victims of violent crimes and their families face an emotional and vulnerable time in the wake of such crimes. People need time to recover, or mourn. The media’s fixation on violent crimes subjects these vulnerabl... | |
The contagion effect of reporting on violence leads to increased impetus for terrorist attacks and serial killings The media has been consistently demonstrated through empirical evidence to aid in the exacerbation of premeditated violence. There is an observable contagion effect, as the media serves to spread the viru... | |
Political will to affect change in areas riddled with violent crime is not generated by media reporting on the violence. Rather, the way the media reports, prioritizing the sensational, blood and guts, aspects of crimes, results in frightened voters clamoring for something to be done. This usually just results in more ... | |
It is not necessary for people to know the extent of criminal activity in order to be able to take precautions, everyone regardless of whether they know the amount of crime in an area should take what precautions against being attacked that they can. For example they should stick to walking on well-lit streets at night... | |
To not promote the truth of events is contrary to the duty, and to the right of free speech, of a responsible media The media has two jobs; first, it has a duty to report on what people care about, and second, it has a duty to report on things that seriously influence society. Muzzling the media’s ability to dissemina... | |
The mainstream media is essential for the accurate reporting of information; without it reporting on violent crimes, they would simply be reported by less accountable, less accurate freelance reporters and blogs The media is regularly accused of being sensationalist and of hyping up the extent and gruesomeness of viol... | |
The media’s reporting and investigating acts as a check on the behavior of the justice system The state often does not want to deal with serious social issues in politically disenfranchised areas, where crime rates tend to be higher and the populations poorer This is because such areas cannot be counted on for elector... | |
It is necessary for people to understand the extent of criminal activity in order for them to coordinate an effective response People have a right to know, for the sake of their own safety, about violent crimes being committed. Otherwise they will be unable to prepare themselves adequately for the possibility of being... | |
Bans and restrictions on the old media would equally affect the ‘new’ media of the internet age. Bloggers could just as easily be taken to court for their reporting as conventional journalists so the news would still be restricted. While individuals may still report crimes this would become limited to the local area wh... | |
There is no such thing as these two duties that the opposition asserts for the media. The media is a business like any other, because its business is information and news it will report on violent crime as it is something that the people care about so will purchase news about it, but it does not have a duty to do such ... | |
Prison is the harshest possible way to prevent the offender from continuing to bully. As the crimes were committed online the offender can be cut off from the internet, or simply banned from the sites where he was committing the offence. | |
Jail prevents continued harassment Part of the point of time detained in jail is to prevent the offender from reoffending while inside. Being in jail prevents the offender from continuing to engage in cyberbullying by denying unsupervised access to the internet or telephones. It is the most reliable way to prevent reo... | |
Punishment does not have to be the complete loss of freedom that is prison. The loss of freedom as punishment should be interpreted more broadly than not being able to move from a particular location. Losing the freedom to use the internet or social networks can be as much punishment when these are activities that the ... | |
Cyberbullying ruins lives just like any other bullying; age of the culprit does not matter Punishment must fit the crime. Cyberbullying by a young person can be just as damaging to a victim as a similar crime by someone older. As a result should be equally punished. When cyberbullying has ruined someone’s life, and po... | |
Sentencing a criminal should not just be about punishing them for the magnitude of the result of the crime. Instead it should be about reformation and reintegrating the offender so that they can continue their life in future without engaging in any crime. While cyberbullies bear much responsibility for what they have d... | |
Prison is punishment While rehabilitation and prevention are important parts of sentencing there also needs to be punishment. There being a punishment, is necessary to ensure there is a deterrence to prevent the offender reoffending, and to prevent others carrying out the same crime. This applies equally to young offe... | |
The other options are much less likely to be effective at stopping the bullying from taking place than jail time. 58% of ASBOs handed out between 2000 and 2013 were breached. 43% were breached more than once. [1] [1] Home Office, ‘Anti-social behaviour order statistics: England and Wales 2013 key findings’, gov.uk, 18... | |
Many children under the age of 18 both know the consequences of their actions and know that bullying, whether on or offline, is wrong. We cannot simply let these people get away with little punishment simply because they are under 18. If they have a lower mental age then there is already the possibility of the defence ... | |
Should not damage a normal childhood with jail Putting young offenders in jail does not work, it increases not decreases crime. Going to jail makes children more likely to offend again with young offenders 67% more likely to be in jail again by 25 than those young offenders who did not go to prison. At the same time t... | |
There are other options besides jail Jail or time in a Young offenders institute is an extreme reaction to a problem that can be solved by other measures. As an online crime the offender could be denied access to the internet or a mobile for a set period. Cutting off access would not only physically prevent reoffendin... | |
Children should not be sent to jail Children under 18 should not be sent to jail. Children are considered less responsible for their crimes and the age of criminal responsibility is arbitrary with some countries having much higher ages than others; in the UK it is 10 however in some such as many Latin American countri... | |
The key here is to provide the educational opportunities and care inside a young offenders’ institute that they would be engaging in outside. This will allow learning and development to continue as normal while still providing punishment. The UK has from 2014 been increasing learning to 24 hours a week [1] – very close... | |
The ICC has itself said that “No country in the world has a right to ask the ICC to prosecute certain people” and highlighted that even after ratification “only the court’s prosecutor can decide whether there is sufficient ground for conducting an investigation”. Once ratified Ukraine may ask, but the ICC is not bound ... | |
Would mean Ukraine signing up to the ICC Having the ICC prosecute Yanukovych currently faces a major difficulty; Ukraine has not ratified the Rome statute. [1] It is therefore outside the jurisdiction of the court. Technically this means the parliament can’t ask for ICC prosecution as there is no State Party to refer ... | |
There is little evidence that Yanukovych still has much support anywhere in Ukraine. However an ICC trial could simply inflame the other side; those who have overthrown Yanukovych are likely to want a trial to take place as soon as possible (which may be a long time off considering he is in Russia) and want it to take ... | |
Yanukovych committed crimes against humanity Even before most of the violence by riot police in February some experts were suggesting that Yanukovych had committed crimes against humanity – crimes committed by a state against a civilian population. Professor Alexander J Motyl argued “The Yanukovych regime may already ... | |
Simply committing murder, or imprisonment, or persecution is not enough to make a crime a crime against humanity. It must be “widespread or systematic”. A great many states are involved in individual killings or unjust imprisonments so there has to be a threshold for ICC intervention. Unfortunately this is undefined so... | |
International help would be available to ensure an impartial trial in the Ukraine. The OSCE has offered “an OSCE role as impartial witness and guarantor to the implementation of concrete steps agreed between the parties” which could also extend to any trial. [1] With other international organisations involved in gather... | |
Would prevent division Justice is about the past. But when prosecuting someone there also needs to be a thought for the present and the future of the country. In the case of prosecuting Yanukovych there could be serious consequences as he had support in one half of the country. Ukraine is a divided country with many i... | |
The Ukrainian justice system is broken Justice for Yanukovych should be international simply because it would be a much better guarantor of a fair trial. The Ukrainian justice system is unfortunately corrupt, and at the behest of prosecutors; it has an amazing conviction rate of 99.8%. This is because judges are they ... | |
The Ukraine is perfectly at liberty to decide that it wants its former president to be tried at the ICC rather than at home. The crimes may have taken place in Ukraine but the reasoning behind the need for the ICC is that some crimes – including crimes against humanity – are so great that they are the responsibility of... | |
Even if the former President cannot be prosecuted at the ICC for his corruption there can still be investigations into his wealth, his assets can be frozen and the money found repatriated to Ukraine without specifically indicting him for corruption. Switzerland has already said that it is freezing any of Yanukovych’s a... | |
Does Yanukovych really qualify for the ICC? It is questionable whether Yanukovych’s crimes, as abhorrent as they may be, really qualify for the ICC. It is clear that he does not qualify for three of the four crimes the ICC charges; genocide, war crimes, and the crime of aggression (this is for attacking other states n... | |
The ICC is slow has resulted in a conviction is against Thomas Lubanga – the trial took eight years from arrest to conviction. [1] The option of trying Yanukovych in the Ukraine with outside help in the process is therefore a better idea. The Council of Europe’s Secretary General has already offered “legal… expertise…... | |
Should be tried at home The ICC recognises that a case is inadmissible where “The case is being investigated or prosecuted by a state which has jurisdiction over it”. [1] The state of which Yanukovych is a national, and where the crimes took place has precedence. Ukraine therefore has first right to try Yanukovych, in... | |
Could not be tried for all his crimes The International Criminal Court only tries a few international crimes. This means that other crimes that Yanukovych has committed that are not covered by ‘international criminal law’ cannot be prosecuted at the ICC. It is possible that not all the charges of violence against prot... | |
Slow might potentially be beneficial in this instance. It would mean that there is time for the worst of the scars of the protest, crackdown and change in power to heal so reducing the chance of any instability or violence when the outcome – whichever way it goes – is announced. | |
Clearly whether Yanukovych was directly responsible for the deaths and injuries by ordering assaults is something the prosecutor will need to investigate. It is likely that Yanukovych authorised attacks, there have already been leaks that he was planning to go much further with a large military “antiterrorist” operatio... | |
It is not true that the human rights situation for women is deteriorating. The Social Institutions and Gender Index has found between 2009 and 2012 there has generally been improvement for example “The number of countries with specific legislation to combat domestic violence has more than doubled from 21 in 2009 to 53 ... | |
Asylum is the only way to protect women The European Union is not able to protect women in other countries that are not a part of the union. Countries that have legislation discriminating against women are clearly not listening to European urgings on human rights. They will not respond to these urgings social and cult... | |
With regards to a life threatening situation under which women might face severe consequences upon their return, it should be noted that the European Union will not send someone back if it is believed their life is at risk if they are sent back. They will not be forced to leave the country even if asylum is not granted... | |
We would allow discriminated women to reach their full potential Women who are constantly threatened by their husbands or who are in societies where they are considered to represent less than a man will most certainly lack ambition to achieve their full potential – or even if they do have the ambition will be restrain... | |
The EU needs to help those suffering from human rights abuses Everyone is equal. Women who live under legal system that permits discrimination against them are being denied of basic human rights whether this is the right to vote, to a fair trial, or bodily integrity. Sharia Law, for example, clearly denies them human ... | |
The EU is responsible for its own citizens and not for those that live in other countries or regions. Its burden is to protect human rights for European citizens and not for the entire world. At the moment, because of the economic crisis and austerity measures imposed, all the EU attention should be focused on deliveri... |
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