Материал: 77

Rome Statute of the International Criminal Court

(a)"Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;

(b)"Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;

(c)"Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;

(d)"Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;

(e)"Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

(f)"Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;

(g)"Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;

(h)"The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;

(i)"Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

TEXT № 4. Practical tasks

1. Read this extract from an official document.

11

2.Characterize the compact from the standpoint of its structure in Russian. What information do the general provisions usually contain?

3.Sum up the general provisions in Russian.

4.Answer the following questions in English:

a)What are the purposes of the Convention?

b)Is this international document considered binding? Why or why not? Give your reasons.

International Convention for the Suppression of the Financing of Terrorism

Article 2

1. Any person commits an offence within the meaning of this Convention if that person by any means, directly or indirectly, unlawfully and wilfully, provides or collects funds with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out:

(a)An act which constitutes an offence within the scope of and as defined in one of the treaties listed in the annex; or

(b)Any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act……

3 Any person also commits an offence if that person attempts to commit an offence as set forth in paragraph 1 of this article.

4.Any person also commits an offence if that person:

(a)Participates as an accomplice in an offence as set forth in paragraph 1 or 4 of this article;

(b)Organizes or directs others to commit an offence as set forth in paragraph 1 or 4 of this article;

(c) Contributes to the commission of one or more offences as set forth in paragraphs 1 or 4 of this article by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i)Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an offence as set forth in paragraph 1 of this article; or

(ii)Be made in the knowledge of the intention of the group to commit an offence as set forth in paragraph 1 of this article.

12

TEXT № 5. Practical tasks

1.Read this extract from an official document.

2.Characterize the compact from the standpoint of its structure in Russian. What information do the general provisions usually contain?

3.Sum up the general provisions in Russian.

4.Answer the following questions in English:

a)What are the aims of Interpol?

b)What are the governing bodies of Interpol?

CONSTITUTION OF THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION - INTERPOL

Article 1

The Organization called the “INTERNATIONAL CRIMINAL POLICE COMMISSION” shall henceforth be entitled: “THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION INTERPOL”. Its seat shall be in France.

Article 2

Its aims are:

(1)To ensure and promote the widest possible mutual assistance between all criminal police authorities within the limits of the laws existing in the different countries and in the spirit of the “Universal Declaration of Human Rights”;

(2)To establish and develop all institutions likely to contribute effectively to the prevention and suppression of ordinary law crimes.

Article 3

It is strictly forbidden for the Organization to undertake any intervention or activities of a political, military, religious or racial character.

Article 4

Any country may delegate as a Member to the Organization any official police body whose functions come within the framework of activities of the Organization.

The request for membership shall be submitted to the Secretary General by the appropriate governmental authority. Membership shall be subject to approval by a two-thirds majority of the General Assembly.

Article 5

The International Criminal Police OrganizationINTERPOL shall comprise: The General Assembly

The Executive Committee The General Secretariat

The National Central Bureaus The Advisers

The Commission for the Control of Files

Article 6

The General Assembly shall be the body of supreme authority in the Organization. It is composed of delegates appointed by the Members of the Organization.

13

Article 7

Each Member may be represented by one or several delegates; however, for each country there shall be only one delegation head, appointed by the competent governmental authority of that country.

Because of the technical nature of the Organization, Members should attempt to include the following in their delegations:

(a)High officials of departments dealing with police affairs,

(b)Officials whose normal duties are connected with the activities of the Organization,

(c)Specialists in the subjects on the agenda.

TEXT № 6. Practical tasks

1.Read this extract from an official document.

2.Characterize the compact from the standpoint of its structure in Russian. What information do the general provisions usually contain?

3.Sum up the general provisions in Russian.

4.Answer the following questions in English:

a)What are the aims of European Council decision?

b)What are the liaison officers?

European COUNCIL DECISION of 6 April 2009 establishing the European Police Office (Europol)

Article 9

Liaison officers

1.Each national unit shall second at least one liaison officer to Europol. Except as otherwise stipulated in specific provisions of this Decision, liaison officers shall be subject to the national law of the seconding Member State.

2.Liaison officers shall constitute the national liaison bureaux at Europol and shall be instructed by their national units to represent the interests of the latter within Europol in accordance with the national law of the seconding Member State and the provisions applicable to the administration of Europol.

3.Without prejudice to Article 8(4) and (5), liaison officers shall:

(a)provide Europol with information from the seconding national unit;

(b)forward information from Europol to the seconding national unit;

(c)cooperate with Europol staff by providing information and giving advice; and

(d)assist in the exchange of information from their national units with the liaison officers of other Member States under their responsibility in accordance with national law. Such bilateral exchanges may also cover crimes outwith the competence of Europol, as far as allowed by national law.

4. Article 35 shall apply mutatis mutandis to the activities of liaison officers.

14

5.The rights and obligations of liaison officers in relation to Europol shall be determined by the Management Board.

6.Liaison officers shall enjoy the privileges and immunities necessary for the performance of their tasks in accordance with Article 51(2).

7.Europol shall ensure that liaison officers are fully informed of and associated with all of its activities, as far as that is compatible with their position.

8.Europol shall provide Member States free of charge with the necessary premises in the Europol building and adequate support for the performance of the activities of their liaison officers. All other costs which arise in connection with the secondment of liaison officers shall be borne by the seconding Member State, including the costs of equipment for liaison officers, unless the Management Board recommends otherwise in specific cases when drawing up Europol’s budget.

TEXT № 7. Practical tasks

1.Read this extract from an official document.

2.Characterize the compact from the standpoint of its structure in Russian. What information do the general provisions usually contain?

3.Sum up the general provisions in Russian.

4.Answer the following questions in English:

a)What are the purposes of European Council decision?

b)What can you say about the Europol Information System?

European COUNCIL DECISION of 6 April 2009 establishing the European Police Office (Europol)

Article 12

Content of the Europol Information System

1. The Europol Information System may be used to process only such data as are necessary for the performance of Europol’s tasks. The data input shall relate to:

(a)persons who, in accordance with the national law of the Member State concerned, are suspected of having committed or having taken part in a criminal offence in respect of which Europol is competent or who have been convicted of such an offence;

(b)persons regarding whom there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit criminal offences in respect of which Europol is competent.

2. Data relating to the persons referred to in paragraph 1 may include only the following particulars:

(a)surname, maiden name, given names and any alias or assumed name;

(b)date and place of birth;

(c)nationality;

15