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This study examines Law No 1 of 2023 concerning the Indonesian Criminal Code, mainly focusing on the provision regarding the insult of the President and/or Vice President in Article 218, paragraph 1. The research employs a normative juridical approach, explicitly analyzing the grammatical interpretation of the phrase "Degrading Act". The findings indicate that the "Degrading Act" encompasses actions that disrupt judicial processes, threaten judges, and insult the judiciary. This includes defacement, writing, drawing, or damaging national symbols, even when such actions deviate from their intended form, size, or colour. Notably, the study demonstrates that the categorization of the "Degrading Act" extends beyond mere legal definitions, encompassing considerations of societal propriety. By providing a comprehensive analysis of the legal and societal dimensions of insulting state leaders, this research contributes to a more nuanced understanding of the evolving legal landscape in Indonesia. Furthermore, the study offers a clearer understanding of the legal aspects concerning insults towards state leaders and contributes to the changing legal landscape in Indonesia.

Intro -- Contents -- Abbreviations -- List of Figures -- List of Tables -- Chapter 1 Introduction -- References -- Chapter 2 Benefit Sanctions as a Matter of Public Concern -- Ken Loach 's Film I Daniel Blake -- The Public's Response to Benefit Sanctions -- Benefit Claimants as a Matter of Public Disapproval -- Are Benefits Enough to Live On? -- Are Benefit Claimants Deserving of Help? -- Should Spending on Benefits be Reduced or Raised? -- Conclusion: Why Are Benefit Sanctions not a Matter of Greater Public Concern? -- References -- Chapter 3 The Historical Development of Benefit Sanctions in the UK -- The Basic Narrative -- A Brief Look Sideways -- 'Passive' and 'Active' Approaches to Social Security -- The Jobseeker's Act 1995 -- The Welfare Reform Act 2007 -- Reviewing Conditionality and Sanctions -- The Welfare Reform Act 2009 -- The Welfare Reform Act 2012 -- The Increasing Use of Online Procedures -- Recent Changes in Conditionality -- Conclusion: What can be Learned from History? -- References -- Chapter 4 Changes in the Scope, Severity and Incidence of Benefit Sanctions -- Changes in the Scope and Severity of Benefit Sanctions -- Changes in the Incidence of Benefit Sanctions -- Reasons for the Rise and Fall of Benefit Sanctions -- The Proportion of JSA Claimants who are Sanctioned -- What Offences Are Sanctions Imposed for? -- Conclusion: Benefit Sanctions Today -- References -- Chapter 5 Conditionality and the Changing Relationship between the Citizen and the State -- The Two Sides of Conditionality -- Three Forms of Conditionality -- Rethinking the Balance Between Rights and Responsibilities -- The Emphasis on Rights -- Conclusion: Recalibrating the Balance Between Rights and Responsibilities -- References -- Chapter 6 The Impact and Effectiveness of Benefit Sanctions -- The Logic of Conditionality.

8 páginas.-- 2 figuras.-- 2 tablas.-- 29 referencias.-- The Supporting Information is available free of charge on the ACS Publications website at DOI:10.1021/acs.est.6b00994. ; The controlled mobilization of pollutant-degrading bacteria has been identified as a promising strategy for improving bioremediation performance. We tested the hypothesis whether the mobilization of bacterial degraders may be achieved by the action of eukaryotic zoospores. We evaluated zoospores that are produced by the soil oomycete Pythium aphanidermatum as a biological vector, and, respectively, the polycyclic aromatic hydrocarbon (PAH)-degrading bacteria Mycobacterium gilvum VM552 and Pseudomonas putida G7, acting as representative nonflagellated and flagellated species. The mobilization assay was performed with a chemical-in-capillary method, in which zoospores mobilized bacterial cells only when they were exposed to a zoospore homing inducer (5% (v/v) ethanol), which caused the tactic response and settlement of zoospores. The mobilization was strongly linked to a lack of bacterial motility, because the nonflagellated cells from strain M. gilvum VM552 and slightly motile, stationary-phase cells from P. putida G7 were mobilized effectively, but the actively motile, exponentially grown cells of P. putida G7 were not mobilized. The computer-assisted analysis of cell motility in mixed suspensions showed that the swimming rate was enhanced by zoospores in stationary, but not in exponentially grown, cells of P. putida G7. It is hypothesized that the directional swimming of zoospores caused bacterial mobilization through the thrust force of their flagellar propulsion. Our results suggest that, by mobilizing pollutant-degrading bacteria, zoospores can act as ecological amplifiers for fungal and oomycete mycelial networks in soils, extending their potential in bioremediation scenarios ; This study was supported by the Spanish Ministry of Science and Innovation (CGL2010-22068-C02-01 and CGL2013-44554-R), the Andalusian Government (RNM 2337), and the CSIC JAE Program (RS). PvW has funding support from the BBSRC and NERC. Thanks are also given to Sara Hosseini of the Uppsala BioCenter, SLU, Uppsala, Sweden for a useful discussion on oomycete zoospores ; Peer reviewed

In the paper "The prohibition of torture and other cruel, inhuman or degrading punishment in closed Institutions" the author has examined the obxervasnce of persons' in detention, custody or imprisonment human rights in the European regional acts and national instruments as well as the provision of health care for detainees and convicted persons alike.All basic human rights' documents, namely: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the United Nations and the European Convention for the Protection of Human Rights and Fundamental Freedoms state that "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, degrading his or her human dignity". All persons who have been punished, regardless of the crimes for which they were convicted, have the right to humane treatment and respect for their personality. No actions of people, whatever they may be, justify the inhuman treatment of them or the humiliation of their personality.

All war crimes are challenging to prosecute. Typical reasons include the technicality of some constitutive elements, the difficulties of amassing sufficient evidence, the vagaries of unreliable or unavailable witnesses, and the often-impenetrable khaki wall of silence. Adding to these challenges, the United States has erected a number of idiosyncratic structural barriers in the way in which it has incorporated the prohibitions against war crimes into its domestic legal frameworks, both military and civilian. This article addresses problems with the U.S. federal war crimes statute and proposes reforms that would (1) better conform to U.S. obligations under the Geneva Conventions and enable the United States to prosecute war crimes committed anywhere in the world regardless of the nationality of the victim or perpetrator, (2) withdraw and repudiate controversial Office of Legal Counsel memoranda advancing a crabbed interpretation of the concept of "protected persons" when it comes to individuals in the custody of a High Contracting Party to the Conventions, (3) restructure the statute to obviate the need to undertake a complicated conflict classification exercise, (4) enact a superior responsibility statute that would apply to war crimes and other international crimes within U.S. jurisdiction, and (5) re-penalize the war crime of "outrages upon personal dignity, in particular humiliating and degrading treatment," which is prohibited by Common Article 3 but was decriminalized upon the passage of the Military Commissions Act of 2006.

Kazakhstan ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 1998. This article highlights the constitutional prerequisites for the effective implementation of this treaty in the Republic of Kazakhstan, and also examines the implementation of the Convention in the country. The process of transformation of the norms of the Convention when transposed into national legislation is highlighted through the analysis of differences in the legislation of the country and the norms of the treaty. The article analyzes the legislative, administrative, judicial and other measures taken in the country to prevent acts of torture and other types of ill-treatment of people. The study details institutional measures aimed at improving criminal policy and preventing torture in the country.

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Preface and acknowledgements -- Additional sources -- Table of cases -- 1. Introduction -- Why 'degrading treatment'? -- The approach of the book -- The structure of the book -- References -- 2. Degrading treatment within Article 3 -- The category of degrading treatment -- Relative assessment of a minimum level of severity -- The inherent scope for evolution -- An absolute right -- The obligations of states under Article 3 -- Degrading treatment: interpretation in context -- References -- 3. Framing the conceptual boundaries of degrading treatment -- The epistemological dimension - foundations of legal meaning -- The judicial dimension - justifying legal meanings -- The formative dimension - developing the parameters of legal meaning -- Chapter summary -- References -- 4. Understanding the benchmarks of degradation -- Feelings of fear, anguish and inferiority -- Humiliation and debasement -- Breaking of physical or moral resistance -- Being driven to act against will or conscience -- Adverse effect on personality -- Chapter summary -- References -- 5. The meaning of 'treatment' -- Treatment's ordinary meaning -- Treatment in Article 3 case-law -- Treatment as social experience -- Conclusion -- References -- 6. The ends of Article 3: the protection of human dignity and the limits of state responsibility -- Socio-economic deprivation and active individual 'choice' -- Degrading treatment? -- From state obligations to state responsibility? -- Chapter summary -- References -- 7. From degrading treatment to torture, cruel and inhuman treatment -- Torture -- Cruel and inhuman treatment -- Chapter summary -- References -- 8. Conclusion -- Index

The Military Commissions Act of 2006 (MCA) was precipitated by several of the United States Supreme Court's holdings in Hamdan v. Rumsfeld. First, the administration perceived the need to respond to the Court's invalidation of the military commissions established pursuant to the president's Military Order of November 13,2001, as contrary to Congress's stipulation that such tribunals conform to the laws of war. In addition, the Court's holding that common Article 3 of the Geneva Conventions applies to the conflict with Al Qaeda carried important implications for other national security policies. Most important, the Court's interpretation of the scope of common Article 3 imperiled the president's program for the interrogation of Qaeda detainees because that article prohibits cruel and degrading treatment and violating it was a criminal offense under the War Crimes Act.

Die zentrale Fragestellung dieser Arbeit ist, ob die Europäische Konvention zu Verhütungvon Folter und unmenschlicher oder erniedrigender Behandlung oder Bestrafung auch aufNATO Militärbasen, welche sich in einem Mitgliedstaat des Europarates befinden, anwendbarist. Ausschlaggebend für diese Fragestellung waren die sogenannten Dick Marty Reports.Diese Berichte wurden im Auftrag des Europarates erstellt und setzen sich mit der Frageauseinander, ob die Vereinigten Staaten von Amerika unteranderem NATO Militärbasendazu verwendet haben um geheime Entführungen und Inhaftierungen auf europäischemBoden durchzuführen. Nach der Analyse dieser Berichte wird die Frage behandelt ob geheimeEntführungen und Inhaftierungen unter das generelle Folterverbot nach internationalemRecht fallen. In weiterer Folge wird das Komitee zur Verhütung von Folter (Committeefor the Prevention of Torture - CPT) vorgestellt und sein Mandat erklärt. Um die Frage derAnwendbarkeit des Mandates auf NATO Militärbasen auf europäischem Boden abschließendzu beantworten, muss die Frage der Jurisdiktion über Militärbasen beantwortet werden.Hierzu wird zuerst der Terminus Jurisdiktion erklärt und analysiert, um anschließend auf dieverschiedenen Arten von Jurisdiktion und deren Basen einzugehen. Nach der Erschließungder Frage welche Arten und Basen für eine Anwendbarkeit der Europäische Konvention zuVerhütung von Folter und unmenschlicher oder erniedrigender Behandlung oder Bestrafungnotwendig sind, wird in einem weiteren Schritt das NATO Abkommen über den Status vonStreitkräften analysiert um festzustellen ob auch dieses als Basis für eine Anwendbarkeit derKonvention dienen kann. Abschließend werden die gesammelten Ergebnisse noch einmalzusammengefasst. ; This thesis deals with the question whether the European Convention for the Prevention ofTorture and Inhuman or Degrading Treatment or Punishment is applicable on NATO militarybases in Council of Europe member states. As a first step the Dick Marty Reports have to beassessed, because in 2006 allegations announced by the press that the Central IntelligenceAgency (CIA) was operating secret renditions on European soil, partly via their NATOmilitary bases, were investigated by Dick Marty. The facts that were found by Dick Marty arepresented and the question whether it would be in the scope of the mandate of the Committeefor the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) toconduct visits at these locations, respectively NATO military bases on European soil, will beanswered. Furthermore, the term ?secret rendition and detention? has to be examined. Is thepractice of secret rendition and detention an act, which falls under the general prohibition oftorture, inhuman or degrading treatment or punishment, because if not, is it still expedientfor the CPT to visit a NATO military? Subsequently, the CPT has to be portrayed in order tounderstand its mandate. Defining the mandate is the first step to answer the question, whetherthe ECPT is applicable on NATO military bases in CoE member states. However, to answerthe question on the applicability downright, as a second step the question of jurisdiction overNATO military bases in Council of Europe member states has to be answered in conjunctionwith the ECPT. It needs to be assessed what kind of jurisdiction is needed and on what basisjurisdiction can be established in the case of the ECPT. In addition to the general question ofjurisdiction in international law, the NATO Status of Forces Agreement, which is providingfor several jurisdiction clauses, has to be investigated, because maybe the NATO SOFA itselfcan constitute a basis of jurisdiction for the ECPT. ; vorgelegt von Arnold Scherabon ; Graz, Univ., Dipl.-Arb., 2012 ; (VLID)226910

The research presents a comparative case study of the prevalence of Jungle Justice (also known as vigilante justice) in developing and developed countries, using Nigeria and the United States of America as a comparative case study. In many countries in West Africa, and highly prevalent in Nigeria, jungle justice is categorized as a major social vice that militates against national growth and development. The act of a group of people (usually a mob) taking laws into their own hands by beating an alleged criminal to the point of death (or even to death) without following due process; this arbitrary method of counter-aggression sums up the core of jungle justice. This dehumanizing and degrading act requires urgent intervention because it not only negates the maintenance of societal law and order, but abuses the notion of right to free and fair trial, and largely infringes upon the fundamental human rights of the accused perpetrators. Interestingly, in the United States, a new form of jungle justice has emerged, which will be our basis for comparison. This form of vigilante justice (anti-pedophile activism) comprises of the false representation of young victims by the activist group (known as "catfishing" in modern terms) with the main goal of drawing the accused perpetrator out to a place the group can carry out jungle justice. It comes in the form of video recording the accused, parading the individual on social media, taunting, mocking and in some cases, beating them up. These acts, albeit heroic in nature, have implications for the 14th amendment to the US Constitution which promises equal protection under the law. Using theories and concepts of public justice, this study relates the impacts and implications of jungle justice to the principles of democracy, due process and the rule of law. ; https://digitalcommons.odu.edu/business_strome/1005/thumbnail.jpg

The article is devoted to an important aspect of the fight against torture – inhuman and degrading treatment, related to its normative basis and its compliance with international and European legal standards. The authors propose a general and original approach to the compliance of national legislation with international legal acts in order to identify problems in the field and possible optimization solutions. The main problem identified in the field is related to ensuring the constitutionality of international legal acts signed and ratified by the Republic of Moldova. The basic proposal formulated by the authors refers to the recognition of the Constitutional Court of the Republic of Moldova of the exclusive competence to verify the constitutionality of international treaties, especially at the stage prior to their ratification by the Parliament. So, in concrete terms, the substitution of the Ministry of Justice with the Constitutional Court in the exercise of the nominated attribution. This would avoid the eventual declaration of international treaties as unconstitutional after their ratification. In essence, these problems and solutions are perfectly valid for the legislative system dedicated to the fight against torture, inhuman and degrading treatment.

This scientific study was aimed at finding the reasons of the legislator of the Republic of Moldova to enshrine the acts of torture, inhuman or degrading treatment in Chapter III III III of the Special Part of the Criminal Code – 'Crimes against freedom, honour and dignity of the person'. This concern is fuelled, by the differences that arise in terms of the location in a certain Chapter, between the current incriminating model in the field concerned and that one the was used until the adoption of the Law of the Republic of Moldova on the amendment and completion of certain legislative acts, no.252 of 08.11.2012. The comparative analysis of the criminal regulations of the Republic of Moldova, other states regarding the liability for torture, inhuman or degrading treatment and the synthesis of the relevant EC EC tHR HR case law, allowed to present the legal and social aspects of these harming facts, due to which it was possible to detach the necessary explanations that substantiate the legislative reshuffles introduced by the Law of the Republic of Moldova on the amendment and completion of certain legislative acts, no. 252 of 08.11.2012.