War crimes - applicability of Geneva Conventions and Protocol I - international character of the armed conflict in Bosnia - jurisdiction of German courts to prosecute foreigners for war crimes committed outside Germany - intent requirement for genocide

Article Abstract:

The Bavarian Supreme Court in Munich, Germany convicted a Serb charged with abetting and attempting murder of Muslims in Bosnia-Herzegovina. The Court based its jurisdiction decision in Public Prosecutor v. Djajic on the principle of universality that creates an international obligation to prosecute crimes that may occur abroad. It differed from the Tadic case, which sent an alleged war criminal to the International Criminal Tribunal for the former Yugoslavia. Germany has received many refugees from the former Yugoslavia and is intent on prosecuting war criminals.

Germany, War crimes, Conflict of laws, Jurisdiction, Criminal intent

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European Charter for Regional and Minority Languages - minority group rights and compatibility with concepts of equality, nondiscrimination and national unity in French Constitution - reconciling official language with freedom of speech

Article Abstract:

This article discusses the French Conseil constitutionnel's decision regarding the application of the European Charter for Regional and Minority Languages in congruence with article 54 of the French Constitution. The case addressed conflict between minorities' free speech in their own language and the constitution's ideals of equality, national unity and nondiscrimination.

France, Freedom of speech, Equality before the law, Equal protection, Minorities, Language and languages

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European Community law - principle of nondiscrimination - language rights - effect on foreigners of local right to elect language used in criminal proceedings

Article Abstract:

The European Court of Justice ruled in In re Bickel that the Italian government must protect linguistic minorities within its boundaries and thus provide such persons involved in criminal proceedings with translators.

Social aspects, Interpretation and construction, Criminal procedure, European Community law, Language policy

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