Newsgroup: it.politica.internazionale
Titolo: La parola "fine" sui targeted killings

Credo l'art. 1 metta la parola "fine" alla fola della "legalitą" dei
targeted killings. Shalom.
Namib
---------------------------------------------
http://www.unhchr.ch/html/menu3/b/54.htm
Principles on the Effective Prevention and Investigation of
Extra-legal, Arbitrary and Summary Executions
Recommended by Economic and Social Council resolution 1989/65 of 24 May
1989*
Prevention
1. Governments shall prohibit by law all extra-legal, arbitrary and summary
executions and shall ensure that any such executions are recognized as
offences under their criminal laws, and are punishable by appropriate
penalties which take into account the seriousness of such offences.
Exceptional circumstances including a state of war or threat of war,
internal political instability or any other public emergency may not be
invoked as a justification of such executions.
Such executions shall not be carried out under any circumstances including,
but not limited to, situations of internal armed conflict, excessive or
illegal use of force by a public official or other person acting in an
official capacity or by a person acting at the instigation, or with the
consent or acquiescence of such person, and situations in which deaths occur
in custody. This prohibition shall prevail over decrees issued by
governmental authority.
2. In order to prevent extra-legal, arbitrary and summary executions,
Governments shall ensure strict control, including a clear chain of command
over all officials responsible for apprehension, arrest, detention, custody
and imprisonment, as well as those officials authorized by law to use force
and firearms.
3. Governments shall prohibit orders from superior officers or public
authorities authorizing or inciting other persons to carry out any such
extralegal, arbitrary or summary executions. All persons shall have the
right and the duty to defy such orders. Training of law enforcement
officials shall emphasize the above provisions.
4. Effective protection through judicial or other means shall be guaranteed
to individuals and groups who are in danger of extra-legal, arbitrary or
summary executions, including those who receive death threats.
5. No one shall be involuntarily returned or extradited to a country where
there are substantial grounds for believing that he or she may become a
victim of extra-legal, arbitrary or summary execution in that country.
6. Governments shall ensure that persons deprived of their liberty are held
in officially recognized places of custody, and that accurate information on
their custody and whereabouts, including transfers, is made promptly
available to their relatives and lawyer or other persons of confidence.
7. Qualified inspectors, including medical personnel, or an equivalent
independent authority, shall conduct inspections in places of custody on a
regular basis, and be empowered to undertake unannounced inspections on
their own initiative, with full guarantees of independence in the exercise
of this function. The inspectors shall have unrestricted access to all
persons in such places of custody, as well as to all their records.
8. Governments shall make every effort to prevent extra-legal, arbitrary and
summary executions through measures such as diplomatic intercession,
improved access of complainants to intergovernmental and judicial bodies,
and public denunciation. Intergovernmental mechanisms shall be used to
investigate reports of any such executions and to take effective action
against such practices.
Governments, including those of countries where extra-legal, arbitrary and
summary executions are reasonably suspected to occur, shall cooperate fully
in international investigations on the subject.
Investigation
9. There shall be thorough, prompt and impartial investigation of all
suspected cases of extra-legal, arbitrary and summary executions, including
cases where complaints by relatives or other reliable reports suggest
unnatural death in the above circumstances. Governments shall maintain
investigative offices and procedures to undertake such inquiries. The
purpose of the investigation shall be to determine the cause, manner and
time of death, the person responsible, and any pattern or practice which may
have brought about that death. It shall include an adequate autopsy,
collection and analysis of all physical and documentary evidence and
statements from witnesses. The investigation shall distinguish between
natural death, accidental death, suicide and homicide.
10. The investigative authority shall have the power to obtain all the
information necessary to the inquiry. Those persons conducting the
investigation shall have at their disposal all the necessary budgetary and
technical resources for effective investigation. They shall also have the
authority to oblige officials allegedly involved in any such executions to
appear and testify. The same shall apply to any witness. To this end, they
shall be entitled to issue summonses to witnesses, including the officials
allegedly involved and to demand the production of evidence.
11. In cases in which the established investigative procedures are
inadequate because of lack of expertise or impartiality, because of the
importance of the matter or because of the apparent existence of a pattern
of abuse, and in cases where there are complaints from the family of the
victim about these inadequacies or other substantial reasons, Governments
shall pursue investigations through an independent commission of inquiry or
similar procedure. Members of such a commission shall be chosen for their
recognized impartiality, competence and independence as individuals. In
particular, they shall be independent of any institution, agency or person
that may be the subject of the inquiry. The commission shall have the
authority to obtain all information necessary to the inquiry and shall
conduct the inquiry as provided for under these Principles.
12. The body of the deceased person shall not be disposed of until an
adequate autopsy is conducted by a physician, who shall, if possible, be an
expert in forensic pathology. Those conducting the autopsy shall have the
right of access to all investigative data, to the place where the body was
discovered, and to the place where the death is thought to have occurred. If
the body has been buried and it later appears that an investigation is
required, the body shall be promptly and competently exhumed for an autopsy.
If skeletal remains are discovered, they should be carefully exhumed and
studied according to systematic anthropological techniques.
13. The body of the deceased shall be available to those conducting the
autopsy for a sufficient amount of time to enable a thorough investigation
to be carried out. The autopsy shall, at a minimum, attempt to establish the
identity of the deceased and the cause and manner of death. The time and
place of death shall also be determined to the extent possible. Detailed
colour photographs of the deceased shall be included in the autopsy report
in order to document and support the findings of the investigation. The
autopsy report must describe any and all injuries to the deceased including
any evidence of torture.
14. In order to ensure objective results, those conducting the autopsy must
be able to function impartially and independently of any potentially
implicated persons or organizations or entities.
15. Complainants, witnesses, those conducting the investigation and their
families shall be protected from violence, threats of violence or any other
form of intimidation. Those potentially implicated in extra-legal, arbitrary
or summary executions shall be removed from any position of control or
power, whether direct or indirect. over complainants, witnesses and their
families, as well as over those conducting investigations.
16. Families of the deceased and their legal representatives shall be
informed of, and have access to. any hearing as well as to all information
relevant to the investigation, and shall be entitled to present other
evidence. The family of the deceased shall have the right to insist that a
medical or other qualified representative be present at the autopsy. When
the identity of a deceased person has been determined, a notification of
death shall be posted, and the family or relatives of the deceased shall be
informed immediately. The body of the deceased shall be returned to them
upon completion of the investigation.
17. A written report shall be made within a reasonable period of time on the
methods and findings of such investigations. The report shall be made public
immediately and shall include the scope of the inquiry, procedures and
methods used to evaluate evidence as well as conclusions and recommendations
based on findings of fact and on applicable law. The report shall also
describe in detail specific events that were found to have occurred and the
evidence upon which such findings were based, and list the names of
witnesses who testified, with the exception of those whose identities have
been withheld for their own protection. The Government shall, within a
reasonable period of time, either reply to the report of the investigation,
or indicate the steps to be taken in response to it.
Legal proceedings
18. Governments shall ensure that persons identified by the investigation as
having participated in extra-legal, arbitrary or summary executions in any
territory under their jurisdiction are brought to justice. Governments shall
either bring such persons to justice or cooperate to extradite any such
persons to other countries wishing to exercise jurisdiction. This principle
shall apply irrespective of who and where the perpetrators or the victims
are, their nationalities or where the offence was committed.
19. Without prejudice to principle 3 above, an order from a superior officer
or a public authority may not be invoked as a justification for extra-legal,
arbitrary or summary executions. Superiors, officers or other public
officials may be held responsible for acts committed by officials under
their authority if they had a reasonable opportunity to prevent such acts.
In no circumstances, including a state of war, siege or other public
emergency, shall blanket immunity from prosecution be granted to any person
allegedly involved in extra-legal, arbitrary or summary executions.
20. The families and dependents of victims of extra-legal, arbitrary or
summary executions shall be entitled to fair and adequate compensation
within a reasonable period of time.
________
* In resolution 1989/65, paragraph 1, the Economic and Social Council
recommended that the Principles on the Effective Prevention and
Investigation of Extra-legal, Arbitrary and Summary Executions should be
taken into account and respected by Governments within the framework of
their national legislation and practices.

 but not limited to, situations of internal armed conflict, 
Alla lettera, infatti, proibisce anche le uccisioni di nemici in guerra.
A meno che non si riferisca ai soli cittadini dei paese esecutore che
non mi pare il caso dei TK israeliani. Che ne pensi? Non ho letto
qualcosa?
Ale
-- 
Posted via Mailgate.ORG Server - 
http://www.Mailgate.ORG

recommended that the Principles on the Effective Prevention and
 ===========
-Stefano

 qualcosa?
Qui, mi pare, l'esperto di diritto sei tu :) Anyway, il testo parla di
"extra-legal, arbitrary and summary executions": a me pare che questa
formula significhi due cose:
a) con "extra-legal" si legano le "executions" (e non i "killings") ad un
contesto legale (l'esecuzione è legata ad un delitto), che è precisamente
quello invocato in genere da Israele (hai letto l'art. *in difesa* dei TK
che ho postato qualche giorno fa?
http://www.jewishindy.com/print.php?sid=2777
 ). Il "boia" non può speculare
sul concetto di "delitto", e "sterilizzarne" (eliminando il processo, che
rende reato il "peccato") la forma.
b) con "arbitrary" e "summary" si richiama la connessa procedura legale che,
nei casi di TK, non ha avuto corso alcuno.
A me pare che il "diritto internazionale" (questa inafferrabile utopia)
faccia con questi Principles dei passi avanti "formali". Che devono essere
valutati anche sul piano della realtà militare della guerriglia terroristica
(e non) palestinese. Infatti, con essi si vieterebbero non solo le (già
inammissibili) stragi di civili, ma anche le uccisioni di soldati che non
sono in servizio attivo. Poi, se vuoi dirmi che la guerra calpesta tutte le
procedure sostituendole con la dura necessità dell'esercizio della forza,
non sarò certo io a contestartelo; e tuttavia, a mio avviso, la stessa
creazione di queste misure "sposta in avanti" la nostra "coscienza
giuridica" della guerra, e costituisce una prima "indicazione segnaletica"
in quella pericolosa "terra di nessuno" che sono le "guerre moderne", nelle
quali sembra possibile (ex jure!) ai contendenti "vagare" nelle varie
formalizzazioni della guerra (terrorismo, conflitto a bassa intensità,
inflitrazione di milizie straniere e/o indipendenti ecc.) *beneficiando* (in
senso moralmente criminale) di tutte le lacune (e di tutta l'impotenza) del
diritto internazionale. Poi, il discorso rimane complicato: ma questo
documento è una buona cosa. E sui TK dice qualcosa che tutti i democratici
(io non c'entro, dunque :) potrebbero e dovrebbero sottoscrivere; ma che già
"sentono". Shalom.
Namib

:) potrebbero e dovrebbero sottoscrivere;
Al contrario.
-Stefano