UN’s Prevention and Punishment of Crimes Against Internationally Protected Persons
Journal and Case Study Assignment
Journal and Case Study Assignment
Review the USA Patriot Act of 2001 and the sunset provisions of 2002, 2005, 2010, and 2011. If you were in the position as director of Homeland Security, do you feel that the USA Patriot Act is effective in the fight against domestic terrorism? What would you do to improve it? Support your argument.
Your journal entry must be at least 200 words. No references or citations are necessary.
Case Study
In 1973, the United Nations adopted a treaty, the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents. In 2012, insurgents attacked U.S. diplomatic facilities in Benghazi, Libya, and killed the U.S. Ambassador and several Central Intelligence Agency security contractors. For this assignment, review the aforementioned incident, and conduct research on this incident.
Provide a minimum of three scholarly references to support your analysis.
Complete the following tasks:
1. Examine the purpose of the treaty.
2. Describe the attack on the U.S. diplomatic facilities.
3. As a partner in the treaty, assess whether the U.S. Department of Homeland Security and other participating countries adequately responded to the attack on the U.S. diplomatic facilities.
4. In your opinion, did the intelligence community recognize the shortcomings of the international treaty?
5. After the Benghazi attack, what actions did the U.S. federal government take to protect U.S. diplomatic agents and facilities?
Your assignment should be at least two pages in length, not including the title and reference pages. Use APA formatting when writing your responses. All sources used, including the textbook, must be referenced, and quoted or paraphrased material must have accompanying in-text citations.
ADDITIONAL INFORMATION
UN’s Prevention and Punishment of Crimes Against Internationally Protected Persons
Introduction
The United Nations has adopted a wide range of measures to prevent and punish crimes against internationally protected persons. This article provides an overview of UN efforts to protect victims, including peacekeepers and other personnel serving in UN missions.
Definition
An internationally protected person is a natural or legal person who is protected against being subjected to any act of persecution by virtue of his or her international status. The phrase “international protection” refers to the right to be free from acts of persecution in one’s country of nationality and/or residence, including acts that would otherwise constitute crimes against humanity.
An internationally protected person can include:
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A stateless individual;
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A refugee;
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Someone accused of committing a crime against humanity or war crime against another state’s nationals (including those who were deported prior to their trials); and
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Someone convicted for such crimes (even if he or she was never tried).
Article 1
The crime is committed against an internationally protected person in connection with the official duties of such a person.
It is committed in the territory of a State Party when it has been committed by one of its nationals or on board an aircraft which is registered in that State and operated by any person who is a national of that State or by any organization controlled directly or indirectly by such persons, even if they are not physically present there;
The definition states that it does not matter whether the victim was formally recognized as “internationally protected” or not – but only whether he/she could be considered as such under international law (i.e., because his/her life was endangered).
Article 2
Article 2: The crime of killing, injuring or kidnapping an internationally protected person is a war crime. It is also a crime against humanity and a serious violation of the Geneva Conventions.
The taking of hostages by force or coercion under any circumstances and in particular by ordering, encouraging or aiding anyone to take hostages shall be considered as illegal under international law (see also article 8).
Article 3
The crime of genocide includes any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the groups concerned and forcibly transferring children from one group to another;
(e) Forcibly transferring children of mixed parentage belonging to one ethnic or racial category into another.
Article 4
Article 4 of the UN’s Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (the Protocol) provides that states parties shall take all appropriate measures to prevent the sexual exploitation of children. In addition, Article 6 of the Protocol provides that states parties should take all appropriate measures to prosecute offenders for crimes against internationally protected persons. The UN may ask a country where an international crime was committed to prosecute perpetrators or assist with prosecution if it believes this would protect its interests or those of other countries concerned.
Article 5
The article is about the punishment of crimes against internationally protected persons. It is a legal obligation for states to prevent and punish such crimes, and they must take all measures to protect such individuals. Also, states must cooperate with each other in this regard.
Conclusion
“The Universal Declaration of Human Rights provides that everyone has the right to life, liberty and security of person. It was a specific goal of the UN to protect personal rights and freedoms from state violations in Article 5. This article outlines various offences for which individuals may be prosecuted including torture. Unfortunately, it is too often overlooked that this article also includes protection against false arrest, detention or imprisonment.” (www.amnestyusa.org)
The following is taken from Amnesty International’s Ten Point Plan “to expose and stop human rights abuses around the world”. The points are:
Takeaway:
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Expose human rights violations through accurate information; 2. Encourage joint action amongst human rights groups; 3. Promote international cooperation in investigation; 4. Seek access to prisoners of conscience; 5. Provide assistance to victims of torture and inhuman treatment; 6. Urge governments not to raise their own country as an excuse for abuse; 7. Advocate reform at home before advocating abroad; 8. Mobilize public support through solidarity activities at home and abroad; 9. Call on people everywhere to speak out publicly against repression; 10. Raise awareness about issues related with human security by bringing them into public discourse in order to counter ignorance and acceptation of violence against dignity.” (www2sbu1e2c01u0a6sv0sf1c3b4q3p0k-article-5-rights-of-persons
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