The Applicability of International Humanitarian Law to Organised Criminal Organisations : an Analysis of Mexico and the Zetas Cartel
Martínez de Santiago, Laila Nayely (2020)
Martínez de Santiago, Laila Nayely
Åbo Akademi
2020
Julkaisu on tekijänoikeussäännösten alainen. Teosta voi lukea ja tulostaa henkilökohtaista käyttöä varten. Käyttö kaupallisiin tarkoituksiin on kielletty.
Julkaisun pysyvä osoite on
https://urn.fi/URN:NBN:fi-fe2020112392422
https://urn.fi/URN:NBN:fi-fe2020112392422
Tiivistelmä
The definition of ‘organised crime’ has evolved during the last decades to adapt to this ever-changing phenomenon. As a consequence of globalisation, criminal organisations expanded their reach by transporting illicit goods from one border to another. With the ratification of the Convention Against Transnational Organised Crime, stated established a suitable definition of organised crime to eradicate this phenomenon. However, there are situations in which the level of violence exerted by criminal organisations is not suitable for what is described in the Palermo Convention.
The aim of this thesis is to analyse if international humanitarian law can be applicable in situations involving organised criminal groups. Since the determination of existence of a non international armed conflict has to be done on a case-by-case basis, the violence in Mexico is used as a case study, specifically the ’Zetas’ criminal organisation. After the declaration of the ‘war on drugs’ by former President Felipe Calderón, state armed forces were deployed to dismantle criminal organisations. The so called ‘war' was not regulated by the rules and customs of war and armed conflict, causing systematic human rights violations by army officials and the sophistication of criminal organisations to perpetrate counter-attacks of higher intensity.
This research reviews the definition of non-international armed conflicts and the elements that need to be fulfilled to determine the existence of this type of conflict. According to common article 3, Additional Protocol II to the Geneva Conventions, and international case law, two specific must be considered: the organisation of the group and the intensity of the attacks. The findings show that the ‘Zetas' organisation has a strong horizontal structure that provides special training for new recruits, and has exerted protracted armed violence with techniques similar to the ones used by state armed forces. It is concluded that this criminal organisation fulfils the requirements to be considered party to a non-international armed conflict. The declaration of existence of a conflict of this nature make possible the regulation of the conflict based on the rules of war and armed conflicts. The last chapter reviews the regulation made through international humanitarian law and international human rights law in the protection of civilians, so as the accountability for violations committed by members of armed forces through international criminal law.
The aim of this thesis is to analyse if international humanitarian law can be applicable in situations involving organised criminal groups. Since the determination of existence of a non international armed conflict has to be done on a case-by-case basis, the violence in Mexico is used as a case study, specifically the ’Zetas’ criminal organisation. After the declaration of the ‘war on drugs’ by former President Felipe Calderón, state armed forces were deployed to dismantle criminal organisations. The so called ‘war' was not regulated by the rules and customs of war and armed conflict, causing systematic human rights violations by army officials and the sophistication of criminal organisations to perpetrate counter-attacks of higher intensity.
This research reviews the definition of non-international armed conflicts and the elements that need to be fulfilled to determine the existence of this type of conflict. According to common article 3, Additional Protocol II to the Geneva Conventions, and international case law, two specific must be considered: the organisation of the group and the intensity of the attacks. The findings show that the ‘Zetas' organisation has a strong horizontal structure that provides special training for new recruits, and has exerted protracted armed violence with techniques similar to the ones used by state armed forces. It is concluded that this criminal organisation fulfils the requirements to be considered party to a non-international armed conflict. The declaration of existence of a conflict of this nature make possible the regulation of the conflict based on the rules of war and armed conflicts. The last chapter reviews the regulation made through international humanitarian law and international human rights law in the protection of civilians, so as the accountability for violations committed by members of armed forces through international criminal law.
Kokoelmat
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