The Specificity of genocide intent

Sandeep Menon Nandakumar1. A detailed study on Genocide under the International Criminal Law The specialty of crime of genocide reside in the fact that unlike other crimes against humanity genocide is dealt within a separate Convention devoted only to genocide which is the Genocide Convention of 1948. The Genocide Convention cannot be said to be a codification of Nuremburg Charter as it is quite evident...

Stuxnet: State Jurisdiction and Cyberspace

Evangelia Linaki, University of Leiden To begin with, imagine a nuclear power plant composed of a vast number of centrifuges used for the enrichment of uranium being attacked by a missile. It is fairly easy for someone to play out the scene of what would happen immediately after the attack. What would happen, however, were the same nuclear power plant to be targeted by an electronic worm? There is...

Marine Environment: An unchartered territory

Anshu Bansal, Research Associate “Whatever we do, the ocean will survive in one way or another. What is more problematic is whether we shall preserve it in a state that ensures humanity’s survival and well‐being” Federico Mayor, Director General, UNESCO The marine environment includes the waters of seas and estuaries, the seabed and its subsoils, and all marine wildlife and its sea and coastal...

Statutory Interpretation: Acceptability of ‘Theory of Intentionalism’ In Present Legal Scenario

Authors: Proteek Debnath & Shivam Hargunani1. There have been several attempts in history to end the use of Intentionalism approach to interpret texts but the concept has still refused to be buried. Today the theory of intentionalism is largely accepted by the legal society. This paper intends to analyze the doctrine of Intentionalism in Indian judicial context and its scope of applicability and...

Analysis of Corporate Criminal Liability in India

Sibani Panda, Research Associate A company can only act through human beings and a human being who commits an offence on account of or for the benefit of a company will be responsible for that offence himself. The importance of incorporation is that it makes the company itself liable in certain circumstances, as well as the human beings – Glanville Williams Corporations are considered to be an integral...

Theories of Punishment – Overview

Aviral Umrao, Research Associate The object of punishment has been very well summarised by Manu, the great Hindu law giver, in following words: punishment governs all mankind; punishment alone preserves them, punishment wakes while their guards are asleep; the wise considers the punishment (danda) as perfection of justice1. The general view that the researcher finds is that the researcher gathers is...

Guidelines on Death Sentence & Mercy Petition

Ipsita Mishra The Supreme Court, while deciding three recent cases, held that seven of its judgments awarding the death sentence were rendered per and contrary to the binding dictum of “rarest of rare” category propounded in the Constitution Bench judgment in Bachan Singh vs State of Punjab (1980) (2 SCC 684). The three recent cases were Santosh Kumar Bariyar vs State of Maharashtra (2009) (6 SCC...

International Trade in Gambling Services

Parth Chandra1and Sajid Sheikh2. In World Trade Organisation (WTO) jurisprudence, ‘gambling & betting services’ includes any activity involving the placing of bet or wager, that is, instances in which a person risks something of value (generally money) on the outcome of an uncertain event3. In this view, a bet or a wager can be made with respect to casino- type games, lotteries & sporting...