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# 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

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"description": "<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>",
"creator": [
{
"affiliation": "ILS PAS",
"@type": "Person",
"name": "Wierczy\u0144ska, Karolina"
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"headline": "The use of 'Push-back policies' by Polish officers from the perspective of the provisions of the Rome Statute of the International Criminal Court",
"datePublished": "2022-06-30",
"url": "https://zenodo.org/record/6595516",
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"identifier": "https://doi.org/10.5281/zenodo.6595516",
"@id": "https://doi.org/10.5281/zenodo.6595516",
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"name": "The use of 'Push-back policies' by Polish officers from the perspective of the provisions of the Rome Statute of the International Criminal Court"
}
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