Book section Open Access

# The use of 'Push-back policies' by Polish officers from the perspective of the provisions of the Rome Statute of the International Criminal Court

Wierczyńska, Karolina

### Citation Style Language JSON Export

{
"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"
}
19
16
views