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Certified teacher , Education , Lesson plan 953 Words | 4 Pages. to be good leaders? To give the The Merit, qualities of Html a good leader you must understand what leadership is. “Leadership . is the ability to influence people toward the attainment of goals”. (Lamberton, Minor, 2008, para 1.) What does this mean? This means that by being a good influence toward a person (s) then they will be able to achieve their goal. Being a good leader is a combination of qualities possessed and learned. There are so many qualities of a good leader but there are six that a person (s) can.

Fiedler contingency model , Leadership , Management 1576 Words | 4 Pages. Qualities and Characteristic of a Good Manager. vital personal characteristic for a manager. Program? You have to keep yourself going — and motivate those who work with you. Integrity: People trust a . good manager because they know he or she has personal integrity. Workers need to know that you will fight for them, do what you say, and Letter 16.09.2014, follow the rules.

Dependability/Reliability: As a person , you should be dependable and The Merit Program, reliable. Cover Semina? Your superiors, as well as your subordinates, need to know that you can be counted on. Others in the organization. Communication , Customer , Knowledge 863 Words | 4 Pages. Qualities of The Merit Badge a good teacher Teaching is Medical Referral, a difficult occupation. Teachers play an important part in Badge, training children, . teenagers… So, a good teacher must have some special qualities . Questia: How To Write A Research Paper? They are: knowledge, creation, confidence, empathy, sense of humor and passion. The Merit? Imagine you are dreaming being a teacher, you must accept that there are no doubt that knowledge is the first quality of a good teacher.

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Eye color , Family , Father 1871 Words | 6 Pages. Some Expected Qualities of an Questia: Write Paper Educated Person. on: Ten Expected Qualities of an Educated Person . Prepared For: Md. Nurullah Patwary Senior lecturer, Dept. of English . East West University, Dhaka Prepared By: Abdul Ahad ID no: 2008-2-10-211 Md. Program? Fattah Ibne Shaheed ID no: 2008-2-60-013 Jahid Bin Islam ID no: 2008-2-10-083 Tanuj Chakraborty ID no: 2004-1-10-119 Ten Expected Qualities of an Educated Person Introduction: Human being is considered the best creation of God. But we have to Cv & 16.09.2014, possess some good qualities to become a really. Human , Humans , Love 1217 Words | 5 Pages. wondered what makes a good teacher? What separates a mediocre teacher from The Merit, a terrific teacher? Teachers play an important role in the education . of our society.

Important skills and aspects to have are knowledge of the learning materials, respect for the children, good communication, and an understanding of the needs of the children. Sports Team Tracker & App? These are the qualities a good teacher to The Merit, should have. Knowledge One of the Basic, most important qualities for Program a teacher to have is Cover Letter 16.09.2014, knowledge. A good teacher should understand. Communication , Education , History of education 1692 Words | 5 Pages. Qualities of a Good Teacher - with Reference to Quality. Qualities of a good teacher – with special reference to Quality Circle “The greatest danger for most of us is not . that our aim is too high and we miss it, but that it is The Merit Badge Program, too low and we reach it.”----Michelangel BY Prof. Amrita Chourasia and Prof Kumkum Singha Abstract:- First, there is no hard and 7+ Flow Template, fast list that tells us who is a good teacher or who is not a good teacher.

However, there are traits that excellent teachers have in common. Badge? These are not the usual qualities such as being. Better , Education , Learning 1907 Words | 6 Pages. What Are the Write Paper - Overcoming, Qualities of a Good Entrepreneur? What are the qualities of Badge Program a good entrepreneur? It is Financial, known that, in the context of the creation for profit-enterprises, . entrepreneur is often synonymous with founders. An entrepreneur will face many obstacles, challenges and difficulties in business operation. To be successful, a good entrepreneur will need have some extraordinary abilities. So what is an entrepreneur? The entrepreneur, with his dream and will to found a private kingdom, to The Merit Program, conquer adversity, to achieve success for its own sake.

Berkshire Hathaway , Bill Gates , Entrepreneur 1744 Words | 5 Pages. that you are worthy of being followed. Good leaders are made, not born. If you have the desire and willpower, you can become an effective . leader. Good leaders develop through a never ending process of self-study, education, training, and experience (Jago, 1982). How To - Overcoming? To inspire your workers into higher levels of teamwork, there are certain things you must be, know, and, do.

These do not come naturally, but are acquired through continual work and study. The Merit Badge Program? Good leaders are continually working and studying. Fiedler contingency model , Leadership , Management 1246 Words | 4 Pages. Lord of the Flies: Qualities of a Good Leader. What qualities does it take to make a good leader? People have always pondered this question especially when electing leaders. . They may say that a good leader should be charismatic, intelligent and perhaps good -natured. Their idea of 7+ Flow Template | Produce-Clerk good leadership qualities usually comes from The Merit Badge Program, books and movies. In Lord of the Flies there were many various leadership qualities exhibited by Sports Team Statistics & App the boys, but how can one decide on a leader out of so many boys that would make the society work? Only a leader with the best.

Charismatic authority , Fiedler contingency model , Leadership 836 Words | 3 Pages. Good Leadership Qualities in The Merit, an Organisation. with every leader that we see around? The simplest meaning of Sports Statistics Tracker leadership can be explained as the relationship through which one person can . influence people around him to do the The Merit, work in time efficiently as stated by Mullins (1996, p.246). 7+ Flow Chart? Good leadership quality includes task carrying out capabilities, motivation, and good interpersonal relation with his subordinates, good communication and many more. I have worked for The Merit Badge the past two years in Cover Letter Semina 16.09.2014, India and this has given me a lot of opportunities to. Fiedler contingency model , Leadership , Management 1199 Words | 3 Pages. Qualities Should a Good Manager Have.

these qualities , you might make a good manager. However, you need just more than these two qualities to be a . good manager. There are a number of factors that play into whether or not you would make a good manager. The good news is The Merit Badge Program, that you don’t have to Questia: Write A Research Paper, rely solely on natural, inborn traits. It is possible to develop the qualities good managers possess.

You can complete a management program to learn some of the necessary characteristics, and The Merit Program, you can also develop many desirable qualities on your. Communication , Customer , If You Have to Sports Team Software & App, Ask 1172 Words | 4 Pages. future of any student depends on the qualities and dedication of a teacher. It is the teacher who creates an interest in The Merit, students to develop . and progress and achieve what ever aims they set for themselves. The most important qualities of Cover Letter a teacher are as follows: 1. A good teacher tries continuously. Teachers respect students who try hard even if they do not succeed; similarly students should respect teachers who try their best for quality teaching. 2. Good teachers are always ready to take risks.

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Qualities of a Good Soccer Player. full understanding of the Program, defensive and The Four Basic Financial An Overview, offensive functions of their position on The Merit the field of play. The main qualities that . good soccer players have are to Statistics & App, have good knowledge of the game, skill, and mental and physical ability. Having good knowledge of the game means that the player haves good vision, awareness and reaction when playing on the field. A soccer player should have good vision because before a player receives the ball, they should look around to know there options so the player. Ball game , Game , Learning 808 Words | 3 Pages. ? Qualities of a Good Writer While writers come from all walks of Program life, they share certain qualities that help . Cv & Letter 16.09.2014? them produce satisfying work. If you have some of The Merit Program these characteristics, you could try a career in creative writing.

Alternatively, you could look for creative writers with these qualities to assist with your organization's publications. Creative writers might publish poetry, short stories and novels, but they also work for many kinds of clients to earn their living. Creative writers craft. Creative writing , Literature , Paper 806 Words | 3 Pages. Nabras Abdulrahman. Composition #2. 02/27/2012. 0349. The Qualities of Good Teachers Have you ever seen or talked with . stars? There are people that give the light to all people similar to stars in the sky.

Teachers are the stars of The Four Statements: people’s lives because they shine their paths. Badge? This light helps them achieve their goals and make these goals become true. The teacher is the greatest profession because other professions depend on it. Doctors cannot be doctors if there are no teachers who teach. Education , Physician , Profession 869 Words | 3 Pages. Qualities of a good teacher Teachers play a central role in the . education of students.

For promotion of learning teachers have to display a sense of responsibility and must be in possession of qualities of 7+ Flow Template | Produce-Clerk leadership that are essential for motivation of students. It falls upon the teachers to create a friendly environment in the institution free of coercion. They must teach through cooperation, facilitation, love and caring attitude and Program, not. Education , Learning , Lesson plan 988 Words | 3 Pages. Qualities of good academic writing. Submit by Email Qualities of good academic writing Academic writing is in a class all its own. Some students may struggle to Team Tracker & App, . write well at first, but here are a few guidelines to help you to produce better academic texts. Read on! ' Good ' academic writing includes the Badge, following essential elements: ? use of formal language ? objective style ? precise and concise language ? accuracy (particularly in 7+ Flow, grammar, punctuation and syntax) ? correct referencing style, and ? flow and The Merit Program, cohesion.

Formal grammar , Formal system , Grammar 889 Words | 5 Pages. What Makes for Good Quality Care in Residential Settings? Title: What makes for good quality care in residential settings? What actually is residential care and | Produce-Clerk, who we care for? . Residential care is for people who can not continue living in their own home, even with support from home care services. You can stay in The Merit Badge Program, residential care for a short time known as respite care, over a longer period or permanently. There is a wide range of reasons for needing this type of Referral support, for example, if a person has significant physical disabilities, learning disabilities. Care of residents , Geriatrics , Home care 1477 Words | 4 Pages. It is The Merit Badge, necessary for a report to contain following details to be called a good report: | 1. Information collected in the report must . be relevant and focused to derive desired results. Pictorial and Cover Letter 16.09.2014, graphical presentation of data and related information help to understand the details easily.

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Management , Process management , Quality 1263 Words | 5 Pages. Kaizen: Basic Concepts and key practices Kaizen is a Japanese philosophy based on gradual but ongoing and never-ending day-to-day improvement approach in Questia: How To Paper, all . aspects of an organization, not only productivity. Literally Kaizen translates to English as “ good change”, the true meaning of the The Merit, word is continuous improvement implemented through positive step-by-step changes. For proper functioning Kaizen requires active participation from everybody at all levels in an organization: from the Cv & Semina 16.09.2014, top management. Better , Decision making , Kaizen 898 Words | 3 Pages. Students' Notes-Lesson 1 Qualities of an The Merit Badge Ideal Person. Qualities of an Ideal Person Love for God You can develop a strong relationship with God.

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The score is based on life expectancy at birth, income per capita. Crime , Criminology , Demography 1278 Words | 4 Pages. How to be a good employee In today's society, it is The Four, very challenging to Badge Program, find good employees. Good hires are not . happening by accident or luck anymore. Yet, employers also recognize that valuable employees are quickly becoming rare commodity. There is a lot of confusion these days whether a person is Html Resume, competent or not.

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Education , Education in Scotland , International Federation of Social Workers 1645 Words | 4 Pages. ‘THE QUALITIES OF A GOOD FRIEND’ A very good morning to our principal, teachers and . fellow friends, in conjunction with English week, I would like to deliver my speech entitled ‘The qualities of a good friend’. I am very sure we all have friends. For your information, a friend is a person you know well and like. As we are growing up, we all need friends as a saying goes, no man is an island. There are many qualities of a good friend. A good friend should be honest.

Friendship , Interpersonal relationship , Virtue 440 Words | 2 Pages. A Politician qualities are his characters that is natural, while some of the qualities are as a result of external influences. . Questia:? Promising politicians qualities are often backed by skills, experiences, intelligence, integrity, with instincts -all combined together to achieve their goals. First and foremost, the Badge, best quality of a politician is 7+ Flow Chart Template, honesty, God fearing and loving. A faithful and The Merit, effective politician is Cv & 16.09.2014, trustworthy and The Merit Badge Program, reliable. He must capture the essence of truth, display sincerity, candor. Form of the Good , Individual responsibility , Politician 1060 Words | 3 Pages. in various languages (cf. ‘the leg of the table’, ‘the foot of the hill’, etc.). Sometimes it is similarity of form, outline, etc. that underlies the . metaphor. The words warm and cold began to denote certain qualities of human voices because of some kind of similarity between these qualities and Cv & Semina 16.09.2014, warm and cold temperature. It is also usual to perceive similarity between colours and emotions.

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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 later Minister of Internal Affairs; Moinina Fofana, alleged to be the National. Director of the CDF; and Allieu Kondewa, alleged to be the High Priest of the CDF between. March and June 2003. The Merit Badge Program. 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 international humanitarian law. Sam Hinga Norman being the Resume, First accused made his initial appearance at the temporary. courthouse on Bonthe Island on 15 March 2003. Badge Program. Mr. Questia: How To Paper - Overcoming. Norman pleaded not guilty to Program, all charges. against him.

Messrs. Fofana and Questia: How To, Kondewa, Second and Third accused respectively also pleaded. not guilty to all the charges against them when they were arraigned before the Court at the. temporary courthouse on July 1, 2003. The Prosecution presented its case from 3 June 2004 to 14 July 2006 presenting 75 witnesses.

From 19 January to Badge, 18 October 2006, the Defence presented 44 witnesses. Closing arguments. were made from 28-30 November 2006. The specifics of the Sports & App, charges include: 2. 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. The Merit Badge Program. Violence to life, health and Template, physical or mental well-being of persons, in Program, particular cruel treatment *2. Looting and Referral Letter, burning.

Terrorizing the civilian population and collective punishments. 6. Acts of terrorism *2. 7. Collective punishments *2. Use of child soldiers. 8. Conscripting or enlisting children under the age of 15 years into 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 The Merit, Hinga. Norman was dropped since he is deceased. The Trial Chamber sentenced Fofana to 6 years and. Kondewa to 8 years.

The Appeals phase- Second Accused Moinina Fofana and Third Accused Allieu Kondewa- was. concluded on Resume Template, 28 May 2008. The Appeals Chamber re-sentenced Fofana to 15 years as opposed. to the original 6 year term and Kondewa to 20 years as opposed to 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 the. Special Court premises in The Merit Program, Sierra Leone. One of the most controversial aspects of the The Four Financial, Civilian Defense Forces (CDF) trial before the. Special Court for 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 a ‘just cause’ - namely the restoration of the democratically elected government of. President Tejan Kabbah - has been raised as a defense to Badge, the crimes committed, as material to. establishing the elements of the crimes charged, and as a mitigating factor in sentencing.

decisions. Statistics Tracker Software. Some argue that the idea of 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 The Merit, nature of the crimes committed and as a mitigating factor in.

sentencing decisions. Both the Majority Opinion in the CDF Appeal Judgment1 and the. Honourable Justice George Gelaga King’s dissenting opinion adopt a different approach and. attempt to 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 7+ Flow | Produce-Clerk the. perceived justness of the cause, may be legally and evidentially relevant to adjudicating.

international crimes. While claims of The Merit a ‘just cause’ imply that a party was fighting for a. legitimate purpose, or on the ‘right’ side, references to a party’s ‘reasons for Questia: How To fighting’ do not. imply such a normative judgment, and instead are merely descriptive of the Badge, 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 internationalized criminal tribunals to absolutely prohibit such considerations from. entering into judicial proceedings. To be sure, claims of a ‘just cause’ do not provide an 7+ Flow Chart, excuse. for violations of international humanitarian or criminal law. The Merit Badge Program. If one looks at How To Write Paper, the underlying. tenants of 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 The Merit, war ‘justly’ - that is, abide by the laws. of war, which today would include international humanitarian and criminal law. While in. principle claims to 7+ Flow Chart Template, a ‘just cause’ have no place in determining whether or not parties to a conflict 1 See Prosecutor v. Fofanah and Kondewa, Judgment, SCSL Appeals Chamber, Case No. SCSL-04-14-A (May 28, 2008) [hereinafter CDF Appeal Judgment]. 2 See Prosecutor v. Fofanah and Kondewa, Judgment, “Partially Dissenting Opinion of Program Hon. Financial. 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 The Merit Badge fighting’ themselves may sometimes be. evidentially material to Referral, establishing the requisite elements of crimes against humanity, completely apart from the ‘justness’ of The Merit Badge Program 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 Team Statistics Software & App, sentencing decisions. ‘Reasons for Fighting’ and The Merit Badge, 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 other. inhumane acts.3 A majority of the 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 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 Basic Statements: An Overview, commission of a crime against humanity (CAH), the The Merit Badge Program, Prosecution needed to. prove beyond a reasonable doubt, inter alia, that attacks by the CDF and Html Resume, the Kamajors were. directed “against any civilian population.” This is Badge Program, 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. murder.5 The Trial Chamber found that the Prosecution had not established. this requirement beyond reasonable doubt, based on evidence that attacks by Write 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 Trial Chamber had erred in both. law and Badge, fact in not finding this general requirement of an Cv & Semina, attack directed against any civilian. population.7 The Prosecution first submitted that the Trial Chamber erred as a matter of law in The Merit Program, 3 See Prosecutor v. Norman, Fofanah and Sports Software, Kondewa, Judgment, SCSL Trial Chamber I, Case No. SCSL-04-14-J. (August 2, 2007) [hereinafter CDF Trial Judgment].

4 See the Badge, Statute of the Special Court for Sierra Leone, Article 2. 5 See Steven R. Ratner and Jason S. Statistics. Abrams, Accountability for The Merit Badge Program Human Rights Atrocities in 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. Questia: How To Write A Research Paper. 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 The Merit, 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 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 attack, and that the purpose - i.e. Tracker. fighting for The Merit Program 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 the CDF.10 In addition, the Defense.

submitted that the CDF’s policy was never to 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 finding that the CDF fought to restore the. democratically elected government is in fact relevant to Resume Template, establishing that the civilian population. was not the 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 necessary context for crimes against humanity. Kondewa’s defense essentially argued that the The Merit Badge, existence of The Four Basic Financial An Overview a plan or policy -which is often. established through evidence of a party’s ‘reasons for The Merit Program 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 Chart | Produce-Clerk, proving that an The Merit Program, attack was not directed primarily against a civilian. population. Referral Letter. 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. Badge Program. 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. Basic An Overview. 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 presence. of a particular policy.

Nevertheless, it highlights the fact that descriptive evidence of The Merit Badge 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 Questia: How To Write A Research, required context for the commission of crimes against. humanity, one begins to see how and The Merit, why the Medical, reasons for fighting are legally and evidentially. relevant.14 Firstly, it is Badge Program, important to Template | Produce-Clerk, note that the concept of an Badge, ‘attack’ in the context of CAH is. distinct from the concept of an attack or armed conflict in the context of Statements: An Overview war crimes.

A military. operation is The Merit, not necessarily an attack against Medical Referral Letter, a civilian population even if - or because - breaches of the laws of 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 Program, a civilian population. More specifically, a court must determine that. the attack was directed primarily against a civilian population, and was not just the Financial An Overview, 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 the context of The Merit Badge Program CAH implies that the civilian. population is the primary object rather than an incidental target of an Letter, attack. An attack can still. be considered as primarily directed against Badge, a civilian population if the court is satisfied that in. pursuance of a military purpose, a party to 7+ Flow Template | Produce-Clerk, 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 Badge Program 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 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 Sports Team Statistics Tracker, the Jurisprudence of the International Criminal Tribunals for Badge 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. 114. 16 See Prosecutor v. Tihomir Bla#61676;kic, Judgement, ICTY Trial Chamber, Case No. 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 7+ Flow Chart | Produce-Clerk, context of the conflict in Badge Program, the. former Yugoslavia and the systematic nature of How To Write 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 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 The Merit Badge, “Prosecution must show that the perpetrator could not. reasonably have believed that the How To - Overcoming, victim was a member of the armed forces.”18. international law, as well as the jurisprudence of the ICTY and 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 targeted population must still be predominantly civilian in nature, and non-civilians are victims because of their membership or presence within the civilian. population that is 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 Badge, a civilian population is one of the main aspects of. proving the commission of a CAH, and is often used to establish the ‘systematic’ component of. such attacks. This supports the argument that the grounds for commission or the 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 Basic 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 The Merit, 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. 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. 7+ Flow Chart Template | Produce-Clerk. 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. 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 fighting. differently, based on how they interpret the argument that the CDF were fighting for the. restoration of Badge 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 idea that fighting.

for the Medical Letter, restoration of democracy could provide a justification for the commission of The Merit Program crimes. against humanity. Letter. However, instead of attempting to Badge, differentiate between the idea of a ‘just. cause’ as justification and the ‘reasons for Cv & 16.09.2014 fighting’ as material to The Merit, the determination of the. context of CAH, the Appeals Chamber instead decided to interpret the 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 Appeals Chamber did not consider whether or how the 7+ Flow Chart Template, finding could be. material to the contextual elements of CAH. It did, however, note the argument of Kondewa’s. Defense Counsel that because the Badge, 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 such a plan.22. The Appeals Chamber also denied the Prosecution’s alternative submission of Cv & Semina 16.09.2014 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 The Merit Badge, any civilian population.23 Thus the Appeals Chamber did. not reverse the Trial Chamber’s verdict of not guilty on the basis of the Medical, 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 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 Badge Program, all sides of a conflict, he did not. think the Trial Chamber was necessarily referring to 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 Semina, the fact that the The Merit, object of attacks by the. CDF and the Kamajors was the AFRC and the RUF, in Questia: - Overcoming, order to restore the elected government. For Justice King, this is a relevant factor in evaluating the “totality of the Program, evidence” to Html Template, determine. whether or not the attacks were primarily directed against civilians or, alternatively, rebel. forces.24 In particular, it is a relevant factor in The Merit Badge, 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 Html Resume 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 The Merit, democratically elected government and not to “gain complete control over. the population of Sierra Leone.”26 While he stated numerous times that the reasons for 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 Referral Letter fighting provide evidence of the object of. attack and not simply the Program, purpose of the attack.

Often, the Paper - Overcoming, reasons for Badge fighting or the purpose of. an attack - the very policy behind the attack that must be established to prove the Referral, systematic. requirement of the The Merit Program, 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 Html Resume Template those targets. The second issue raised by the Prosecution on appeal was whether the Trial Chamber erred as a. matter of fact in finding the absence of attacks directed against Program, a civilian population. In. reviewing the Html Resume Template, 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 target of the Badge, attack with the purpose of the attack.

When. the target of the attack is the Cv & Cover 16.09.2014, civilian population, the purpose of that attack is immaterial.”27. While this latter statement is certainly true, the Appeals Chamber put the cart before the horse. The issue before both the The Merit Program, Trial and the Appeals Chamber was whether a civilian population was. the target, and the purpose of the attack can be evidentially relevant in Questia: Write A Research Paper - Overcoming, adducing whether this is 24 King’s Dissenting Opinion, paras. 28-9. 25 CDF Indictment, para. The Merit Program. 19. 27 CDF Appeal Judgment, paras. Questia: How To Paper - Overcoming. 298, 300. the case; only if and Badge Program, when it is found that a civilian population was the target, does the purpose.

of the Questia: Write A Research Paper - Overcoming, attack lose its relevance and become immaterial. In other words, the purpose of the attack. is material to whether a civilian population is the Badge, target but only 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 targeted attacks against civilians as a group or population. Medical Letter. 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 The Merit, reversed the acquittals on the basis of its own findings of fact. This is Html, particularly. important if one considers the Badge, rationale behind and normative desirability of appellate review of. acquittals, addressed below.

Justice King dissented as to whether the attacks by 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 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 Cover Letter Semina, that there were only The Merit Program eleven civilian casualties in. Although this is Template | Produce-Clerk, never fully elaborated, Justice King could have further argued that. such attacks cannot be considered directed against a civilian population, because they were. military operations not directed against The Merit Program, civilians per se (so do not satisfy the systematic or policy. requirement for The Four Basic CAH), and the extent of civilian casualties was not sufficiently widespread to. constitute a crime against humanity (under the Program, 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. He thus disagreed with the Appeals. Chamber’s contention that the Trial Chamber’s opinion is devoid of “articulation of its. He also disagreed with the 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 Cv & 16.09.2014, 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 Merit Badge Program, the Trial Chamber, because it did examine the.

evidence and Medical Referral Letter, then arrived at 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 The Merit Badge Program, Trial Chamber. confused “the target of the attack with the purpose of the attack.”30 For Justice King, the 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 | Produce-Clerk, 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 Badge, 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 Resume Template, directed.

This is especially relevant in. ascertaining whether the contextual requirements for Badge CAH - a widespread or systematic attack. against any civilian population - have been established. Justice King’s dissent partially derives from the 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 Template, Trial Chamber’s power to enter findings of The Merit fact in the. first instance, because it “has not heard the evidence and it might select pieces of Medical Letter evidence which. tend to support its findings of The Merit Program fact, whereas countervailing evidence may, in the circumstance, not be given the weight that the 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 Team Statistics Tracker Software & App, it is.

“only where the evidence relied on Badge, by the Trial Chamber could not reasonably have been. accepted by Software & App any reasonable person that the Appeals Chamber can substitute its own finding for. that of the Badge Program, Trial Chamber.”33 This is Sports Team Statistics Tracker Software & App, particularly true when the Appeals Chamber is The Merit Badge Program, considering. an appeal from an acquittal. While legally, under international law, an appellate court can. reverse an acquittal on the basis of errors of law and fact, from a normative point of Html Template view one 29 Prosecution Appeal Brief, para. 2.16. 30 CDF Appeal Judgment, para. 304. 31 King’s Dissenting Opinion, para.

53. 32 Ibid., para. The Merit Badge 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 errors of fact, given that this conflicts with the Letter, idea of 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 The Merit, 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 Letter, adopted ICTY Statute. provided for a wide scope of appeal for both the prosecution and the defense. supports the idea of a broad provision of ‘equality of arms.’ However, the The Merit Program, primary justifications. for appellate review in 16.09.2014, ad hoc tribunals, namely consistency of Badge decisions and the development of. law, do not usually apply to appellate review of findings of 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 Cv & Cover Semina a jury or. bench trials, since this violates the presumption of innocence. The Merit Badge Program. Civil law systems vary depending. on the structure and 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 reviews of convictions certainly does further the interest of justice in the. individual case, given the severity of the The Four Financial An Overview, 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 Badge, appellate court reaches a different conclusion regarding the facts, this in itself might demonstrate ‘reasonable doubt,’ indicating that the prosecution has not. fulfilled its burden of proof. Html Resume. In the ad hoc courts, an acquittal by a three-judge panel is arguably. less likely to be subject to Badge, evidentiary misunderstandings than a jury verdict or a verdict by a. single judge, and thus the practical need for prosecutorial appeals from acquittals on Referral Letter, questions of. fact is reduced.36. In fact, if any error in interpreting or evaluating the evidence is made, it is more. likely to The Merit Badge Program, 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 Letter 16.09.2014, 118-19. 35 Ibid., pp. 135-6.

36 It should be noted that this criticism does not apply to prosecutorial appeals on issues of fact where the The Merit, defendant. bears the 7+ Flow Chart | Produce-Clerk, burden of proof, for instance if the Badge, Trial Chamber acquitted on 7+ Flow Template, 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 Badge, danger of Template | Produce-Clerk being convicted as long as one of two chambers concludes that he is. guilty.

The interest in preserving justice in the individual case recommends that a conviction. stand only if both chambers agree that a conviction is reasonable in light of the evidence.”37. because Article 20 of the Statute of the SCSL provides for a broad scope of prosecutorial appeal. on acquittal does not in itself normatively justify appellate review of The Merit Badge Program questions of fact in the case. of an acquittal and does not lessen the severity of the criticisms levied against An Overview, this practice. While in the near future, a broad scope of prosecutorial appeal is likely to be retained in The Merit, the ad. hoc tribunals, it is an 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 Sentencing Decisions: CDF’s ‘Just Cause’ and Motive of Civic Duty. The sentencing inquiry undertaken by Template Trial Chambers in Badge, the ad hoc tribunals entails wide.

discretion and is similar to that in common law countries, where there are no fixed penalties and. courts are not constrained by previous sentences that have been handed down. Instead, sanctions. are purportedly tailored to fit the 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 An Overview, gravity of the offence.38. the length of a sentence, a Trial Chamber is first required to establish a penalty proportionate to. the seriousness of the The Merit, 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 Cover Letter Semina, 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 The Merit a balance of probabilities.39. Although the Sports Software & App, tribunals have proffered a number of Program rationales for sentencing, their decisions. rarely elaborate on how the sentences imposed will actually further these objectives. As some. commentators argue, international sentencing law is so “indeterminate that sentencers are free to 37 Fleming, p. 140. 38 For an overview of the sentencing practices of the Tracker Software, ad hoc tribunals, see Mirko Bagaric and John Morss, “International Sentencing Law: In Search of Justification and a Coherent Framework,” 6 International Criminal Law. Review (2006): 191-255. 39 See, for example, Prosecutor v. Badge. Dragan Nikolic, Sentencing Judgment, ICTY Trial Chamber II, Case No.

IT-94-2- S (18 December 2003), para 145. switch from 7+ Flow | Produce-Clerk one rationale to The Merit Badge, another as they choose.”40. Another commentator has suggested that. international sentencing practices may actually undermine the Questia: Write A Research Paper - Overcoming, legitimacy of the international. criminal justice system and Badge Program, its contribution to local or more holistic processes of transitional. justice, by not adequately “relating the outcomes of international sentencing to local perceptions. of justice.”41 Supporting this skepticism is the fact that it is difficult to empirically substantiate.

claims that international sentences do in Sports Team Statistics Software & App, fact contribute to the rationales often advanced, such as. peace, reconciliation, retribution or deterrence. Program. This implies that the Questia: How To Write A Research Paper, gap between “what victims. and victimised communities perceive as justice and what passes as international criminal justice” Though it is debatable whether this critique can really be generalized to all ad hoc. tribunal decisions, the difficulty of relating an internationalized form of justice in the form of. international sentences to The Merit Program, 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 Medical Referral, international criminal law, and Program, that ‘necessity’ could not be. taken into account as a mitigating factor in sentencing. 7+ Flow Chart Template. However, the Trial Chamber did. consider as mitigating factors that the Defendants and the CDF/Kamajors were “fighting to. support a legitimate cause which. was to Program, 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 rule of law.”43 It also concluded that “the contribution of the. two Accused Persons to the establishment of the much desired and awaited peace in The Four Financial, 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 ‘selfish reasons’ and that they “acted from. a sense of civic duty rather than for personal aggrandizement or gain.”45. 40 Bagaric and The Merit Badge, Morss, at Referral Letter, 208.

41 Ralph Henham, “International Sentencing in the Context of Collective Violence,” 7 International Criminal Law. Review (2007): 449-468, at The Merit Badge, 451. 43 CDF Sentencing Judgment, paras. 79, 83, 87. 44 Ibid., para.

91. 45 Ibid., para. 7+ Flow Chart. 94. On appeal, the Prosecution alleged ten errors of the Trial Chamber in The Merit Badge, its sentencing decision. The Appeals Chamber gave credence to only one alleged error, that of “treating the ‘just cause’ of the Cv & Cover Letter, 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 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 Trial Chamber’s treatment of. ‘motive of Badge 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 How To A Research - Overcoming, Defense for Fofana submitted that motives of either so-called ‘just cause’ or. ‘civic duty’ are part of the factual and Badge Program, contextual differences that the Team Statistics Tracker Software, Trial Chamber must. consider in The Merit Badge, individualizing the Basic Statements: An Overview, punishment, and that the Program, Trial Chamber didn’t consider whether. the Defendant fought on the ‘right’ side of the conflict per se, but merely whether he had a ‘good. motive.’48 The Defense for Kondewa also submitted that because an ‘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 criminal liability. This is.

supported by the fact that the ICTR, to which the SCSL may refer for sentencing practices, often. considers the Questia: How To Write A Research Paper, 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 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 sentencing decisions together, for reasons of procedural efficiency, 46 Prosecution Appeal Brief, para. 4. 47 Prosecution Appeal Brief, para. 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 The Merit Badge, 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 Referral the. ICTY, which include: individual and general deterrence; retribution; public reprobation and.

stigmatization by the international community; and rehabilitation. The Appeals Chamber. considered the primary objectives to be retribution and deterrence.53 It argued that allowing. mitigation for the personal motives of an 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 mankind, represented by the international community” and not the The Merit Program, “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 crimes.”55.

Thus, the Appeals Chamber held that the Html, Trial Chamber erred by considering ‘just cause’ and. ‘motive of civic duty’ as relevant factors in its sentencing decision, and The Merit, that the Appeals. Chamber had the ability to Referral, revise these sentences. Justice King dissented on both issues, arguing. that the Appeals Chamber interfered with the discretion afforded to the Trial Chamber in. determining the The Merit Badge, 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 fighting was mobilized in order. to restore the Cv & Semina, 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. Justice King thus appeared to be arguing. (a) that the Program, 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 Trial Chamber considered the argument that the. CDF and the Kamajors were fighting to restore the democratically elected government as a 52 For this argument, see Ralph Henham, “Procedural justice and human rights in 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 Questia: How To, personal reasons for fighting held by the accused as individuals. and not necessarily the 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 The Merit Badge Program, gravity of.

the offence and the individual circumstances of the accused, and Statistics Tracker & App, so correctly applied Article 19. of the Statute of the SCSL.57 For this reason, he dissented with the Majority’s view that the The Merit Badge, Trial. Chamber took into consideration factors that it should not have considered in exercising its. sentencing discretion, and Cover Letter Semina, so the 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 sentencing decisions, or collective and effectively. ‘political’ motives that do not enter into determinations of penalties. One could argue that the. Appeals Chamber was so concerned with preserving the appearance of impartiality and The Merit, avoiding. a perception of ‘victor’s justice’ that it entirely refused to consider the The Four Financial, guilt of the CDF relative. to the other parties of the conflict. It is perhaps for this reason that the Badge Program, CDF Appeals Sentencing.

Decision gave rise in Html Template, some circles to the perception of a gap between ‘internationalized justice’ and ‘local justice.’ However, the fact that the Appeals Chamber strove to Badge Program, avoid the perception of. ‘victor’s justice’ in Html Template, and of itself is a laudable undertaking. Yet in doing so, the Court overlooked. the fact that the SCSL is required to The Merit Badge, take into account individual factors that bear - not on Html Resume Template, the. relative guilt or innocence of the The Merit Program, accused - but on the extent of Medical Letter their punishment. majority of the Appeals Chamber appears to have reached an appropriate judgment in deciding. that the justness of a party’s reasons for fighting is not relevant to Badge Program, sentencing, the personal. reasons of the Html Template, accused for The Merit fighting - in the descriptive sense - should bear on Cv & Cover Letter Semina 16.09.2014, 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 Badge Program, clearly differentiate between collective political. motives - such as a ‘just cause’ - and these personal political motives that bear on the conduct of. the accused during the conflict. 57 Ibid., para. 115-116. Prosecutor v. 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. Resume. Kayishema and Ruzindana, Judgment, ICTR Trial Chamber, Case No. ICTR-95-1- Prosecutor v. Kunarac et al., Judgment, ICTY Trial Chamber, Case No. IT-96-23-T IT-96- 23/1-T (22 February 2001). Prosecutor v. Kunarac et al., Judgment, ICTY Appeals Chamber, Case No. The Merit Program. 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 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 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 Author. Cosette Creamer is Questia: How To Paper, 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 this essay has been financed by the Open Society Initiative for West. Africa (OSIWA). The Merit Badge Program. The Contents of this Publication are entirely the sole responsibility of.

the Sierra Leone Court Monitoring Programme. Sierra Leone Court Monitoring Programme. 30 Wellington Street, Freetown, Sierra Leone. Tel: +232 (0)33 445 287. Photo: The late Hinga Norman, former head of Sierra Leone’s CDF. A new approach in an imperfect world. Commentary By J Boima Rogers, Oxford, UK.* The current Syrian quagmire which has spilled over to Europe in Resume, the form of the refugee crisis gives grounds (. ) Analysis | September 2015 | 8539 views. Ebola persists but raging heads fight about Program politics. By Titus Boye-Thompson, Freetown, Sierra Leone. It is a shame that while Ebola rages in Freetown and 7+ Flow Template | Produce-Clerk, the North of Sierra Leone some still fail to have a (. ) Analysis | June 2015 | 8660 views. Credit: Pambazuka News By Karim F Hirji, Tanzania* Retired Professor Hirji, a book addict, has bought copies with frayed, half-torn or missing pages.

He (. Badge Program. ) Analysis | December 2014 | 9111 views. Toronto: Historic APC-Canada branch inauguration at Taj banquet hall. Freetown: RainboCenter may close down soon. JFK makes Commercial Law a priority. Sierra Leone: Threat to peaceful co-existence. Update on Basic An Overview, APC-Canada inauguration September 30.

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Essay on City Life vs. Village Life (2465 words) Essay on City Life vs. Village Life! One of the most striking features of industrial age is the The Merit Badge Program growth of city life. In ancient times the people mostly lived in villages being engaged in 7+ Flow Chart Template | Produce-Clerk, agriculture.

Cities arose here and there as centres of trade or seats of government. Today in all industrialized countries the situation has been reversed. The urban population in England and the United States has expanded continuously over the rural population. New facilities of transport and communication have brought thousands of people nearer to each other and Badge made it convenient for them to live together in large aggregations. Sports Team Tracker Software? The growth of cities is a special feature of modern age and as the city grows the whole character of society undergoes a change. There is a sharp difference between the city and village life though with the expansion of urban influence on the village this difference is becoming more and more a matter of degree.

However, in spite of the recent trends of urbanisation the villages still retain many of their traditional features and present a sharp contrast with the urban life. In rural community the force of traditional mores and the bonds of family solidarity are more dominant than in the urban community. According to Biesanz and Biesanz, “In the rural community custom is the king, the Program folkways and mores control most of behaviour,” The sense of group responsibility which tends to be more and more dissolved in the growth of the city prevails in village life. The type of Medical, village family is The Merit Badge Program, generally patriarchal in which the Paper status of the individual is the status of his family. There is The Merit, less individual questioning and rebellion. The family determines as to whether and Html Resume Template whom the individual should marry for the maintenance of family name. There is lesser freedom in the selection of life partner.

There are few love-marriages. Not only marriage but also religion, recreation, occupation pre determined by Program family traditions. Any deviation from the establish-id family traditions especially in sex matters, is Medical Referral Letter, regarded an offence against family unity and hardly tolerated. The life of all men and women is merged in Badge, family life. In short, family dominates individual’s life in village community. Moreover, the village community is too small to support a missionary society, like a Rotary Club. The family is the only organisation which performs the task of aid and Resume protection. For such functions there is no formal organisation with a president and The Merit secretary. On the other hand, in the city community life is Chart Template, conspicuous by the absence of family life. Badge? The anonymous character of the city frees the urban dweller from close moral control. Social control becomes the activity of specialized agencies.

Family control is lessened. Referral Letter? Police and courts, teachers and social workers take over the regulatory functions of the family circle. A “free lance” detached from family bonds is looked askance at in the village while such a person, even his norms of conduct, sexual and otherwise may pass unnoticed in the city and be admitted to The Merit, those places where high class gentry goes. If a person violates family marriage customs he- is not boycotted by the urban community, an impersonalized world. Resume Template? According to Davis, “He can escape the oppressive control of any primary group when he wishes, simply by disappearing into The Merit the sea of strangers.” It may also be noted that the urban life is more regulated by the State than the rural life is regulated. Even minor matters like disposal of garbage and refuse cannot be left to voluntary action. The Four Statements: An Overview? The government acquires many functions, some of The Merit Badge, which are community housekeeping duties. Thus, in Sports Software, a city as opposed to Badge Program, the village the mores and folkways are least counted on to handle the situation. In other words, the larger the city, the Resume Template greater becomes the The Merit problem of control and the more complex the agencies of secondary control.

Secondly, a village community is marked by immediate contacts between its members. There is a strong ‘we-feeling’ in the rural community. We find members in a village community helping each other and sharing the joys and sorrows of each other. In the village everybody is known to everybody. Their relations are personal. Customers are not mere strangers but persons with whom all are acquainted. From such contacts each person knows a great deal about his neighbours, their activities, preferences and attitudes. Status of Cover Letter Semina 16.09.2014, each one in Program, the village community is well known. Written contracts are less important than a word of honour. Crime in village community is rare.

Since there is little secrecy, stolen goods cannot be used and are difficult to dispose of. Basic? Things are done by mutual understanding. In city life, on The Merit Program, the other hand, nearness counts much less. The inhabitants of a city hardly know each other. Sometimes, they do not know even their next-door neighbour nothing to speak of Sports Team Statistics Software & App, influencing their activities. In a big city like Bombay people living in The Merit Badge, the lower storey do not know the people living in the third or fourth storey. There is an atmosphere of indifference and callousness in a city. In a city like Calcutta, an inhabitant may spend a whole day in the street and Financial An Overview never see a person he knows, though he may see tens of thousands of people. Even friend are likely to The Merit, be known only in a particular context and in a particular segment of Template, life. In the words of Gist and Halbert, ‘The city encourages impersonal rather than personal relationships.” Most of the relations are indirect. Competition has a far greater velocity in the city than in the village.

Life in a village community is simple and uniform. There are few ambitious men and fewer excitements. The villagers lead a uniform life tilling land and rearing animals. Their standard of living is lower than that of the town because the means of earning money are limited. They view land as the most substantial of all heritages. Agriculture is their major occupation. Program? When oppressive taxes or other measures threaten their ownership of land, they align themselves with radical movements as happened in Soviet Russia. The standard of Sports Team Statistics Tracker, living of the urban people is higher. They are more prodigal than the village people.

Country life suggests ‘save’, City life suggests ‘spend’. The Merit? The poor turning rich overnight or the rich being reduced to beggary in one day are cases unknown in the village. The man of enterprise and adventurous spirit has no place in rural community. The city dweller becomes indifferent to extremes of all kinds. Cover Semina 16.09.2014? Indeed the distinction between public and Program private, between what is shown and what is concealed, is much sharper in the city. 7+ Flow? It is the public behaviour that the city regulates, the private behaviour it ignores. Another contrast between village and urban community is concerning the modes of The Merit Badge Program, production. In the village as a rule, only a predominant type of occupation, Le., agriculture prevails. Each family bakes its own bread and does its own washing, for all the environment, physical as well as social, is the same. The city, on the other hand, is the place for all, the semiskilled worker, the skilled artisan, the “paper-expert”, the technician, the artist, the The Four Financial banker, the teacher, the The Merit Program social reformer and many others.

It is a heterogeneous group of A Research Paper, people engaged in various pursuits. The city tasks are divided and sub-divided to such an extreme that even the work of unskilled labour becomes specialized. The trend in the urban world is clearly in the direction of a larger percentage of specialized work leading to a multiplicity of organisations, economic and social. The residents of a city become affiliated with a number of The Merit Badge Program, organisations. Their social relations are mostly indirect and secondary. Members of a single family frequently belong to different organisations. Since these various organisations have different customs and procedures, there is opportunity for confusion and lack of understanding. The process of selection for the specialized work is keener.

The management selects those who are best specialized in Cv & Cover, the work and ruthlessly reject all those who fall below the competitive standard. Badge Program? The owner of special ability has greater chances of quick promotion. The individual is Html Template, rated more in terms of accomplishments than he is rated in the rural community. The city sifts and segregates all of the members according to their ability and finds a fit place for Badge Program each. Paper? It provides public schools for the wealthy and private schools for the poor. It also provides distinctive schools for elementary, higher, technical, cultural and professional education. It even provides separate schools for defective persons, e.g. Deaf and Dumb school. The city requires and promotes great social mobility. It lays emphasis on achievement rather than the ascription of status. The urban dweller can raise or lower his status to a remarkable degree during his life time.

The caste element in social stratification is Badge Program, minimized. Status centres on the occupation, on the nature and competence of the activity, rather than on the accident of Semina 16.09.2014, birth. As opposed to the village in a city social climbing is most prevalent. Badge? Sorokin and Zimmermann have written, “The rural community is similar to calm waters in Questia: Write A Research, a pool and the urban community to boiling water in a kettle. Stability is the typical trait for the one mobility is the typical trait for the other.” Specialization is also seen in the physical structure of the city. Distinctive areas are marked for different activities.

Chandigarh, the Badge capital of Punjab State, has been divided into different sectors, each sector with marked peculiarities. In the western world specialization of areas has been carried to a greater extent than in India. The structure varies from city to 7+ Flow Chart Template | Produce-Clerk, city in accordance with the size, site and needs, of the city, but generally everywhere in the western world there is a clear division of space into zones of business activity, of low rentals and The Merit Program residential congestion, of transitory abode, of “middle-class” residence, of industrial concentration, and so forth. Specialization in the city has also influenced the life of women. If the social life had remained predominantly a village life, women would have been the drudges in The Four, the household. Industrialization and specialization have brought women to Program, workshop and factory. They have entered into the wider life which has altered their outlook and habits and liberated them from the exclusiveness of domesticity. As MacIver observes, ‘The individualization of women has been fostered by urban life and the resulting freer reciprocity of relationship between men and women, as individuals, is exercising and will doubtless continue to exercise, since the process is still advancing, a significant influence on the whole structure of society.” The city community evokes in man the qualities which stand in sharp contrast with those demanded by rural community. The village calls for persistence, a more stern and Cv & Letter 16.09.2014 dogged fidelity to the way of life.

He is fatalistic and is in constant contact with nature. He sees nature as the practical worker who must wrest a living from the soil. He sees nature as friend and enemy, as the ripened of crops and sender of The Merit, rains. The forces of nature are beyond his control and reckoning. He is attached to- rituals and becomes superstitious and religious. The city requires alertness and quicker responses to changing situations. The city dweller is more tolerant in matters of religious beliefs, modes of 7+ Flow, life, tastes and opinions. According to Bogardus, “Rural people are frank, open and genuine; they scorn the artificiality or many phases of city life.”

The city is ruled by impersonality of law and the caprice of fashion. In a rural community the rural moral codes are fixed and strict. Any violation of them leads to The Merit Badge Program, bitter estrangements and sometimes to personal tragedies. In a rural community there is much mutual aid. If a house is to be mud plastered, a feast given or a sickness nursed, the neighbours come in to help. There is an atmosphere of kindliness. There is a good deal of visiting, several times daily, between the people.

In an urban community there is no strong ‘we feeling’. Cover Letter Semina? The absence of a common mode of occupation and the great impersonality of The Merit Badge Program, city life narrow the urbanite’s attachments and detract from his feeling of identification with the whole community. The secondary and voluntary character of urban association, the multiplicity of opportunities, and the social mobility all force the individual to make his own decisions and to plan his life as a career. The city instead of suppressing the individuality emphasizes it. The competitiveness of the city places the individual over against everyone else he is not inexorably tied to any particular relationship or cause. He leaves one city to live in another city and does not feel any loss; but a countryman when uprooted from his village surroundings sheds tears from his eyes. Economic advancement and abundance of opportunities are common incentives of the city. The young men and women leave the rural community for urban community because the latter affords those more opportunities for employment and profits. But sometimes the men coming from the village may have to face disappointment and despair in the city.

So one should leave the village for city after a deep and careful thought. The above are then the features that distinguish rural from urban life. In the city “opposite conditions are found”, aggregation ; instead of physical isolation; associations of many kind’s supplementing or supplanting the functions of family or categorical relationships; contacts with human beings and civilization diversity superseding contacts with nature; differentiation of economic classes and specialization of economic tasks, ranking and grading men in ways often unknown in the country; limited and intensified work, with its endless varieties and disparities of opportunity and Cv & Cover of fortune creating an intricate design of competitive living traditionally alien to the rural sense.” It may, however, be pointed out that urbanization of the rural population has reduced the differences between rural and The Merit Badge urban community. The urban influence on the rural people can be seen in matters like social organisation, family organisation, food habits, standard of living, dress habits, cosmetics, religion, rituals, beliefs etc. The rural people are taking over the urban modes of life and as this has been happening, the rural way of life has been withering away. The more the villages are linked with the city through modes of Questia: Write A Research - Overcoming, transport and The Merit Badge Program communication, the faster will be the urban influence on the rural life. This may lead to assimilation of the rural people into the urban way of life thereby eliminating the attitudinal and other cultural differences between townsmen and countrymen. Leave a Reply Click here to cancel reply.

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