Lessons 12 · 1 lessons · N. Ismatova, O. Karimova. Foundations of State and Law: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “Yangiyul Poligraph Service”, Tashkent, 2018
12
Crimes against peace and security
Textbook: pp. 68–73
GoalDistinguish crimes against peace and the security of humanity (aggression, genocide, terrorism and others) and crimes against the Republic of Uzbekistan (treason, espionage, attacks on the constitutional order).
New words
aggression, an unlawful war or armed attack on another state · Agressiyagenocide, acts aimed at destroying a national, ethnic, racial or religious group · Genotsidterrorism, violence or threats to intimidate society and influence decisions · Terrorizmthe constitutional order, the basic principles of the state system · Konstitutsiyaviy tuzum
Explanation
The Criminal Code deals with crimes against peace and the security of humanity in a separate chapter: war propaganda, aggression, breaking the laws and customs of war, genocide, mercenarism, terrorism, financing terrorism and inciting hatred between nations or religions. The object of these crimes is peace, peaceful coexistence and humanity’s right to life; they are also prohibited by international law (for example, the UN Charter restricts the use of force and the 1948 Genocide Convention defines genocide as an international crime). Terrorism is the use of violence or threats of it to intimidate the population and influence decisions; preparing, financing or concealing information about it can also bring liability. Crimes against the Republic of Uzbekistan include treason, espionage, sabotage, disclosure of state secrets and violent attacks on the constitutional order; the constitutional order means the foundations of the state system, the organisation of power and the system of human rights. Protecting the security of state and society must not be a pretext for restricting human rights: measures must be based on law, proportionate and subject to judicial oversight.
Worked examples
Genocide: acts aimed at physically destroying a group because of its nationality or religion are crimes and also rank among the gravest crimes in international law. Not only the perpetrator but also the person who gave the order may be liable.
Financing terrorism: a person deliberately raised money for terrorists although he took no part in an attack. This is protected as a separate crime because funds make terrorist activity possible.
Class activity
Discussion: “The balance between security and freedom” — groups receive two cases, one a lawful security measure and one an unjustified restriction; argue which is right and why.
Practice
1
Name three crimes against peace and the security of humanity.
Aggression, genocide, terrorism (also war propaganda, mercenarism).
2
What is terrorism and which acts does it include?
Violence or the threat of it to intimidate the population and influence decisions; preparation, financing and concealment can also bring liability.
3
What is the “constitutional order”?
The foundations of the state system, the organisation of power and the system of human rights.
4
Why must security measures not be a pretext for restricting human rights? Justify.
Because the Constitution treats human rights as the highest value; any limit must be based on law, necessary, proportionate and under judicial control.