June 30, 2022 Book section Open Access

Wierczyńska, Karolina

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{
  "publisher": "Institute of Law Studies Polish Academy of Sciences", 
  "DOI": "10.5281/zenodo.6595516", 
  "ISBN": "978-83-66300-68-2", 
  "container_title": "Beyond the law. Legal assessment of the Polish state's activities in response to the humanitarian crisis on the Polish-Belarusian border", 
  "language": "eng", 
  "title": "The use of 'Push-back policies' by Polish officers from the perspective of the provisions of the Rome Statute of the International Criminal Court", 
  "issued": {
    "date-parts": [
      [
        2022, 
        6, 
        30
      ]
    ]
  }, 
  "abstract": "<p>In assessing the conduct of Polish officers in the context of their push-back operations, or deportation,&nbsp;meaning the process of forcing back to Belarus persons who, in the opinion of the Polish authorities, have&nbsp;illegally crossed the border, I will confine myself to one crime listed in Art. 5 of the Statute of the International&nbsp;Criminal Court (hereinafter ICC) and defined in Art. 7 thereof, namely the crime against humanity.&nbsp;Given the absence of genocidal intent, the assessment will not address whether the conditions for the crime&nbsp;of genocide, as defined in Art. 6 of the ICC Statute, are met. Furthermore, due to the absence of an armed&nbsp;conflict on the territory of Poland, the assessment will not address war crimes or aggression, as we are not&nbsp;dealing so far with acts that could be qualified as aggression. For such an evaluation to be possible, acts of&nbsp;aggression would have to occur which, according to Art. 8 bis of the Statute, would &lsquo;by its character, gravity&nbsp;and scale, constitute a manifest violation of the Charter of the United Nations&rsquo;. According to the Understandings&nbsp;regarding the amendment to the Statute, these conditions must be met contemporaneously and&nbsp;must be sufficiently grave to justify the indisputability of such an assessment. The incidents at the border&nbsp;that are currently taking place do not meet these prerequisites to the extent that would justify describing&nbsp;them as acts of aggression.</p>", 
  "author": [
    {
      "family": "Wierczy\u0144ska, Karolina"
    }
  ], 
  "page": "18-19", 
  "publisher_place": "Warsaw", 
  "type": "chapter", 
  "id": "6595516"
}