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Recent Submissions
Indo-Bhutan trade relations 1774-1907
(University of North Bengal, 1991) Sen, Suparna,; Misra, B P,
A study of the legal framework for accountability of individuals for crimer against humanity and the role of the international law enforcement agencies.
(University of North Bengal, 2014) Ghosh, Satarupa; Chakraborty, Gangotri,
The principle that individuals are and can be held criminally accountable for violations of
the laws of war dates back to many years. However, it was only after World War II and
the Nuremberg and Tokyo trials, set up to judge those German and Japanese military
leaders accused of serious crimes during the war, that the idea of individual criminal
responsibility for serious breaches of international law gained ground. In this thesis an
attempt has made to trace the evolution of individual’s responsibility for crime against
humanity, the present legal framework in national and international level and the role of
various law enforcement agencies to deal with the problem.
Evolution of the Problem:
History is witness to the fact that wherever an individual or groups of individuals have
become powerful, they have flagrantly tortured the weak and the defenseless. Even where
power is legitimated and turned into a legally valid authority, abuse of power and torture
of the weak and the defenseless has continued. In this back drop considerable legal
mechanism has developed for the exercise of such raw power.
An international crime has been broadly defined as “an act universally recognized as
criminal, that is, an act that is considered a grave matter of international concern and for
some valid reason cannot be left within the exclusive jurisdiction of the state that would
have control over it under ordinary circumstances”. Crimes against humanity now are
established as jus cogens norms and are implicitly recognized as such in the preamble of
the Hague Convention, which served to codify the customary law of armed conflict.
Unfortunately, despite several attempts for fixing liability to the individuals who have
committed crime against humanity and subjecting them to trials like Nuremberg trials and
Tokyo trials the legal framework for fixing liability to individuals guilty of the act of
committing crime against humanity to this day remains obscure and vague and ad hoc
mechanisms are used to settle such cases.
In the face of recent developments in countries like Libya, Egypt, Iraq the lack of legal
framework to deal with such matters has become a cause for international concern. The
main thrust of this work is to study the existing legal framework for determination of
individual’s accountability for the crime against humanity and to propose changes into
the existing framework.
Hypothesis
There is insufficient legal framework for the control and regulation and for fixing liability
on the individual for committing crime against humanity and the present mechanism
works through international ad hoc tribunals internationalized or mixed tribunals, the
International Criminal Court as well as national courts, military tribunals and ordinary
courts which allows any state to try alleged perpetrators, even in the absence of any link
between the accused and the state exercising jurisdiction which leads to miscarriage of
justice on one hand and multiple trials on the same cause of action on the other hand.
Research Questions
1. What is the genesis for global movement for accountability?
2. What are the shortcomings of the present legal framework for accountability of
international crime?
3. What is the role of the International Law Enforcement Agencies to provide proper
justice to the victims?
4. What are the shortcomings of the institutional mechanisms to prevent the growth
and spread of the international crime?
5. What is the concept of global movement towards accountability and what is the
scope of its growth?
Methodology
Having selected the above topic for this research, the work will perforce be based on
theoretical doctrinal research. The methodology followed is traditional non-empirical
research.
Chapter Summary
Chapter I: “ACCOUNTIBILITY OF INDIVIDUALS FOR CRIME AGAINST
HUMANITY: THEORETICAL AND CONCEPTUAL FRAMEWORK”. The
jurisprudential rooting of the present research work is discussed under this chapter. This
chapter also explains the concepts used in this research and international legal theories.
Chapter-II: HISTORICAL EVOLUTION OF THE CONCERN FOR CRIME
AGAINST HUMANITY AND FIXING OF ACCOUNTABILITY: This chapter
discuss about the preliminary concepts of international crimes, such as aggression,
genocide, war Crimes and crime against humanity and the historical evolution of crime
against humanity, this is also an attempt to establish individual criminal liability for the
crime against.
Chapter-III: CRIME AGAINST HUMANITY BY INDIVIDUALS: PRE 1945
SPECTRUM: This chapter deals with the scenario of crime against humanity by
individuals before 1945.
Chapter-IV: CRIME AGAINST HUMANITY BY INDIVIDUALS: A POST 1945
SPECTRUM: This chapter describes the scenario of the framework of the trials of
individuals for crime against humanity after World War II (1939-1945).
Chapter V: “A ROADMAP OF THE DEVELOPMENT OF LAW
ENFORCEMENT AGENCIES FOR DEALING WITH INDIVIDUALS ACCUSED
OF CRIME AGAINST HUMANITY”. In this chapter the matter of discussion is about
various international law enforcement agencies like International Criminal Court,
International Court of Justice, Ad Hoc Tribunals and Hybrid Tribunals.
Chapter-VI: “A COMPARATIVE STUDY OF THE INTERNATIONAL AND
INDIAN LEGAL FRAMEWORK RELATING TO CRIME AGAINST
HUMANITY BY INDIVIDUALS”.
This chapter mainly deals with the Indian legal framework and also the various Indian
incidents regarding the crime against humanity in comparison with international
framework for accountability of individuals for crime against humanity.
Chapter-VII: “A STUDY OF INTERNATIONAL PRINCIPLES REGARDING
LIABILITY OF INDIVIDUALS FOR CRIME AGAINST HUMANITY IN
SELECTED NATIONAL JURISDICTIONS”.
The subject matter of this chapter is about the various national laws to combat crime
against humanity and the implementation of those laws by the nation states.
Chapter-VIII: “INDIVIDUAL LEADER’S LIABLE FOR CRIME AGAINST
HUMANITY: A COLLAGE”.
In this chapter I have discussed about various specific instances of individual leader’s
liability. It is a narrative chapter.
Chapter IX: SUGGESTIONS AND CONCLUDING REMARKS: In conclusion it
can be summed up that the hypothesis that legal framework for the control and regulation
and for fixing liability on the individual for committing crime against humanity is
insufficient, has been proved and in this regard certain suggestion has been put in the
thesis.
Reality of the concept of motion : East-West dialogue
(University of North Bengal, 2013) Chattopadhyay, Sudipta; Chakrabarti, Bhaswati B.
Polydentate ligands and transition metal complexes : photophysics and catalysis
(University of North Bengal, 2013) Pariyar, Anand,; Bandyopadhyay, P; Biswas, A. N.,
A brief overview of polydentate ligands and their metal complexes, with
special emphasis on their photophysical and catalytic behaviour, has been made. In
this background, the objective, scope, and application of the present investigation
have been described in Chapter I.
A series of novel polydentate macrocyclic corrole ligands has been
synthesized and described in chapter II. The photophysical properties of the newly
synthesized family of substituted nitrophenyl free base A2B-corroles have been
studied. The metal ion sensing abilities of the free base ligands are explored. The A2B
corroles emerge as efficient polydentate fluorophore system for selective Hg(II) ion
detection in solution. Among all the corroles, the free base 10-(tridecyloxyphenyl)-
5,15-bis(nitrophenyl)corrole substituted with a long chain has been found to exhibit
the highest Hg(II) sensing ability. High guest count (up to three mercuric ions per
corrole) with a high association constant is observed. The experimental evidences
show that the emission intensity quenches with the addition of Hg(II) ion, initially via
metal coordination and subsequently through exciplex formation. This is the first
report of exciplex formation of corroles with mercury ions. The results obtained will
help to improve the design of sensors for the direct determination of Hg(II) ions
present in ultra low concentration.
The synthesis and characterization of new iron complex of 5,10,15 tris-
(difluorophenyl)corrole have been described in chapter III. The catalytic properties of
newly synthesized 5,10,15-tris(difluorophenyl)iron(IV)chloride complex
[(tdfc)FeIVCl] with benign tert-butylhydroperoxide as the terminal oxidant has been
evaluated. The [(tdfc)FeIVCl] /t-BuOOH system has been found to efficiently catalyze
the oxidation of alkanes, alkenes, alkylbenzene and alcohols at room temperature. The
homolytic cleavage of the O-O bond of tert-butylhydroperoxide by the catalyst is
observed and the oxygenates have been shown to be derived from organoperoxides.
The results clearly indicates that the main role of the iron(IV) corrole complex is the
activation of alkyl hydroperoxide rather than oxygen atom transfer (OAT). Selective
hydroxylation of unactivated C-H bonds of alkanes has also been realized using
catalyst [(tdfc)FeIVCl] with m-chloroperbenzoic acid as the terminal oxidant.
Chapter IV describes iron-corrole complex 5,10,15-tris(pentafluorophenyl)
iron(IV) chloride [(tpfc)FeIVCl] catalyzed epoxidation of olefins in ionic liquid
[BMIM]PF6 medium at room temperature with different terminal oxidants. For the
first time, metallocorrole catalyzed epoxidation of a series of conjugated and nonconjugated
olefins has been undertaken in ionic liquid ([BMIM]PF6) medium at room
temperature using different terminal oxidants such as t-BuOOH, PhIO and aqueous
NaOCl. The product selectivity achieved in ionic liquid medium shows remarkable
improvement over those obtained in molecular solvents. The highest product yield is
achieved by a biphasic system involving ionic liquid with aqueous NaOCl as the
terminal oxidant. The biphasic system provides easy recovery and recycling of the
catalysts without any modification of structure.
The studies of homoleptic copper dipyrromethene complex has been discussed
in Chapter V. The bidentate dipyrromethene complex of Cu(II) has been synthesized.
The X-ray crystal structure of [Cu(II)(dpm)2] has been determined. The neutral bis(5-
(4-nitrophenyl)dipyrromethene)Cu(II) complex [Cu(II)(dpm)2] is found to undergo
ligand centred oxidation process to give [Cu(II)(dpm)2
•+], which has been
substantiated by combined experimental and theoretical investigation. The metal
bound ligand centred oxidation at high potential is of irreversible nature. The DFT
calculation reveals increase in spin density over ligand moiety in the one electron
oxidized [Cu(II)(dpm)2] complex, suggesting radical character of the ligand. Complex
[Cu(II)(dpm)2] is found to catalyze C-H activation of alkanes and alkenes with tertbutylhydroperoxide
at room temperature. The oxidation under ambient condition with
benign terminal oxidant clearly indicates the involvement of the ligand based
oxidation of [Cu(II)(dpm)2] in catalyzing C-H activation at room temperature.
Chapter VI presents the ligand co-opertative effect in metal complex catalyzed
oxidation elaborating the role of redox-neutral or redox-innocent cyclam ligand
(1,4,8,11-tetraazacyclotetradecane) in C-H bond activation. The chapter describes
efficient and selective hydroxylation of cycloalkanes (R-H→R-OH) catalyzed by high
spin non-heme iron(III) cyclam complex [FeIII(cyclam)(OTf)2]OTf with hydrogen
peroxide under mild condition. Remarkable increase in conversion and selectivity has
been achieved by the addition of acid suggesting acid promoted O-O bond heterolysis.
The efficient functional model of monoxygenase group of enzyme based on a highspin
iron(III) complex of cyclam [FeIII(cyclam)(OTf)2]OTf provides the first example
wherein a non-heme iron complex catalyzes alkane hydroxylation with 100%
selectivity.
The intercalation of cis-[Fe(III)(cyclam)Cl2]Cl (cyclam = 1,4,8,11-
tetraazacyclo- tetradecane) complex on smectite montmorillonite K-10 is described in
chapter VII. The intercalated solid is fully characterized using powder EDXRF, XRD,
TGA, IR and UV-Visible analysis. Complex cis-[Fe(III)(cyclam)Cl2]Cl intercalated
into Montmorillonite K-10 emerges as an efficient catalyst for selective hydroxylation
(R-H→R-OH) of alkanes using environmentally benign H2O2 at room temperature.
Cyclohexane and adamantane are selectively oxidized to their corresponding alcohols
with remarkably high turnover number (198 and 265 respectively). Relative reaction
without the clay matrix proves that a cooperative effect between the constituents of
the intercalated catalyst is responsible for the enhanced selectivity.
Cytogenetic Divergence in the Indian Pygmy Field Mice Mus terricolor, Blyth of The Dooars and Terai regions of West Bengal
(University of North Bengal, 2013) Rudra, Mahua; Bahadur, Min
The Indian pygmy field mouse Mus terricolor, a chromosomal complex, is the
indigenous Mus species of India with chromosome complement, 2n=40. It consists of
three distinct karyotypic forms which are designated as Mus terricolor chromosome
types I, II and III due to presence of variable number of heterochromatic short arms
in homozygous condition. However, all the three chromosomal types invariably
possess a large submetacentric X and large acrocentric Y chromosomes. In the light
of karyotype divergence with respect to constitutive heterochromatin, only a limited
work has been done in this species based on molecular techniques. Therefore, due to
lack of substantial data the position of the Indian pygmy field mice is still in
controversy in the phylogenetic relationship of the genus Mus. In the present study,
a multidimensional investigation based on chromosomal, allozyme and
mitochondrial DNA analyses have been carried out on ten populations of M.
terricolor from Terai and the Dooars regions of West Bengal, India. The M. terricolor
specimens were collected from Alipurduar (APD), Rahimabad (RBD), Kumargram
(KGM), Cooch Behar (CBH), Maynaguri (MNG), Malbazar (MLB) and Nagrakata
(NGK) in the Dooars and Naxalbari (NXL), Bidhan Nagar (BDN) and Garidhura (GDH)
in Terai. The populations were designated with three letter abbreviation based on
the place of collection shown in parentheses. A total of 1600 specimens were
collected from ten populations and were chromosomally analysed to confirm the
karyotype. Chromosomes in the karyotype have been grouped into A,B,C and D. Out
of 1600 specimens, 12 were Mus booduga and rest of the specimens were found to
be M. terricolor type I.
Cytogenetic Study
Heterochromatin and C-banding
Cytogenetic analyses using C and NOR-banding techniques showed intra and interpopulation
variation of C-positive heterochromatin and Ag-NORs. Centromere of
autosomes, short arm and distal telomere of X-chromosomes and the entire Y were
found to be C-banded. Variations have been recorded in the size of the C-band
positive centromeric heterochromatin ranging from very large to minute and even
absent in some cases. Very large blocks of centromeric C-bands were found in few D
group chromosomes either in homozygous or in heterozygous condition in all populations. Individuals of BDN, GDH, MLB, NGK and MNG had large blocks of
centromeric heterochromatin in most of the autosomes, while NXL, RBD, APD, KGM
and CBH populations have prominent large blocks of C-bands in few autosomes only.
A few autosomes in RBD, MLB and NXL populations were found to have hardly
detectable centromeric C-bands. In NXL autosome 16 was found to be C-band
negative in homozygous condition.
Short arm of X-chromosomes revealed intense C-banding in the individuals of
RBD, KGM, NGK, CBH and APD populations, whereas, it was faintly stained in
individuals of MNG, MLB, NXL and BDN. X-chromosome in one female individual of
GDH showed telomeric C- band in heterozygous condition. Interestingly, a few
individuals of NXL and BDN showed a discrete localization of heterochromatin on
the short arms of X-chromosomes showing segmental localization. The entire Y
chromosome was found to be C-banded in all populations with variation in the
banding intensity.
Besides variation in size of centromeric heterochromatin the results also
suggest that M. terricolor has a trend of accumulation of heterochromatin in both
autosomes and sex chromosomes which is a recently evolved trait in rodents and
specifically in the genus Mus. Intra and inter population variation in size of Cpositive
heterochromatin suggests that heterochromatin play a significant role in
genetic differentiation and karyotype evolution of these populations.
Nucleolar Organizing Regions (NORs) and Ag-NOR banding
M. terricolor possesses large number of Ag-NOR sites distributed in different
chromosomes. The NOR bands were categorized as major, minor and diffused NORs
according to the size of band and characteristic of silver deposition.
Major Ag-NORs were found to be present in centromeric or pericentromeric
region on most of the autosomes in APD, RBD, in some individuals of NXL and MNG
populations. Other populations showed major Ag-NORs on few autosomes only,
while it was absent in GDH population. Excessively large and broad Ag-NOR band
was found in some individual of RBD and in one individual of NGK in the autosome 9
in heterozygous condition.
The minor NOR bands were found to be present only on few pairs of autosomes
of APD, KGM, NXL, BDN, and GDH populations, while NGK population consistently
showed minor NORs in all autosomes including one individual with excessively large NOR on autosome 9. Other populations showed minor NORs in most of their
autosomes except MNG where minor NORs were not detected. Both X and Y
chromosomes consistently showed minor NORs in all populations.
Diffused NORs were present in most of the autosome in all population except
MNG, NGK and RBD.
Ag-NOR banding revealed polymorphism both at intra and inter-population
level. The intra-population variation showed that the homologs of the pairs differed
not only in the deposition of silver but also showed differences in position and
number of Ag-NOR sites in the same individual. Though variations exist among
populations in distribution of Ag-NORs, however, multichromosomal location of
NORs was found to be a common feature in all population.
Genetic polymorphism in Mus terricolor
Genetic analyses were carried out on ten allozyme/ protein loci, i.e. Alb-1, Prealb-B,
Est-5, Trf, LDH-A, LDH-B, Mdh-1, Mod-1, GOT-1 and Idh-1. A total of 30 alleles were
delineated for ten loci studied, out of which 15 were found to be shared by all
populations in different frequencies and the rest were fixed in one or other
populations. The Terai populations showed uniformity in allele frequeny, with a high
rate of fixation of specific alleles such as Trfb, Est-5b, Ldh-bf, Mdh-1a and GOT-1b.
Genetic polymorphism was estimated based on percent polymorphic loci (P),
heterozygosity (H) and effective number of alleles (AE). All populations were highly
polymorphic in terms of P ranging from 60 to 100% with slight differences of mean
effective number of alleles (AE) between Terai and the Dooars regions. Alb-1, Mdh-1,
Mod-1 and Idh-1 showed higher observed heterozygosity (HO) in most of the
populations. The mean HO have been found to be spread over a lowest value of
0.2950 ± 0.4020 to a highest value of 0.4917 ± 0.2732. Moreover, Terai populations
showed higher mean HO compared to the Dooars populations, however, HO is less
than expected in all population except APD. Genetic structure of population was also
determined by estimating FST, FIT and FIS values. Mean FST for the Dooars, Terai and
total population (Terai and Dooars together) were 0.1552, 0.0295 and 0.1246,
respectively which indicates that at least 12% of the total variability of all
populations is attributable to divergence between populations. A positive FIT value
in the Dooars populations at most of the loci indicated the dominancy of
homozygotes, while Terai populations showed excess of heterozygote at least at four loci i.e. Alb-1, Prealb-B, Mdh-1 and Idh-1. FIS, a measure of random mating, was
positive for most the loci of Terai and the Dooars populations indicating slight
heterozygote deficiency.
Gene flow is another factor to measure genetic structure. The average gene flow
among different populations of Terai, Dooars and all population (Terai and Dooars
together) were estimated to be 8.2197, 1.3607 and 1.7563, respectively. The values
revealed that the gene flow is operating but cannot be considered sufficient to
homogenize all population. Therefore, variability exists in sufficient degree.
Allele frequencies were used to estimate the Nei’s Genetic Identity (I) and
Genetic Distance (D). M. terricolor MLB and NGK from Dooars and NXL and BDN of
Terai showed 99% and 97.4% similarity (I), respectively. Out of 45 pair wise
comparisons, 62% of total I-values were found to be ranging from 0.9 to 1.0, 24.4%
were between I values 0.76 to 0.9 and 13% were between 0.61 to 0.75.
The genetic distance values ranged from a minimum, D=0.0139 between MLB
and NGK to the maximum D=0.5023 between RBD and APD in the Dooars
populations, while a minimum D=0.0266 was found between BDN and NXL
populations from Terai which was slightly higher than the minimum genetic
distance value for Dooars population (D=0.0139). The RBD population showed a
lower D values 0.0916 and 0.0940 with two distantly situated populations NXL and
BDN, respectively while KGM relatively closer population to RBD showed genetic
distance value within the same range, 0.0975 as shown by distantly situated
populations. The geographic distances and genetic distances do not show any
correlation. Dendrogram based on genetic distance matrices showed three major
groups of cluster. The populations MLB, NGK, MNG and CBH formed group I, the
populations NXL, BDN and GDH of Terai were clustered in group II and RBD and
KGM were in group III. APD appeared as an outgroup.
Moreover, a high level of heterozygosity indicating greater genetic
polymorphism in the populations of terricolor may be due to different evolutionary
factors acting separately or in combination.
Study of mitochondrial DNA
Control region and flanking tRNA genes of mtDNA were PCR amplified and
sequenced for analysis. The total sequences were analysed in two parts i) The
sequence spanning 15338-15577 (CR I) is the part of control region comprising Hypervariable Region I (HVR I) with flanking Proline tRNA gene and the
intermediate region and ii) The sequence spanning 16132-00066 (CR II) of the
control region which contains the part of Hypervariable Region II (HVR II) and the
Phenylalanine tRNA gene. The mtDNA sequences representing from all populations
of M. terricolor were compared with the mtDNA sequence of M. m. domesticus
(#AY172335) as reference. Comparisons were done on the basis of transition,
transversion and insertion-deletion. HVR II was found to be more polymorphic than
HVR I in terms of base substitution. Transversions were more frequent in
interspecific comparison than interpopulation comparison of M. terricolor. In
comparisons with other populations of M. terricolor the mtDNA sequence of MLB,
NGK and GDH showed a higher rate of transversion type of base substitution, which
reflects that these populations are more diverged than other populations. Overall
nucleotide diversity (π) ranges from 0.011 to 0.566 among terricolor populations. A
comparison between M. m. domesticus and NGK, MLB and GDH populations showed
comparatively higher nucleotide diversity, π = 0.494, 0.467, 0.347, respectively. The
level of inter population sequence (nucleotide) divergence between Terai and
Dooars populations revealed that MLB-NGK and MLB-GDH are highly diverged
showing π = 0.566 and 0.428, respectively.
Dendrograms were constructed based on mtDNA sequence data using UPGMA,
Neighbour joining (NJ) and Maximum Parsimony (MP) methods. Out of the three
phylogenetic trees, the tree obtained by UPGMA showed higher bootstrap value for
maximum branches than NJ and MP dendrograms and was considered for analysis of
the result. The dendrogram revealed that APD was clustered with CBH, a nearby
population and the RBD with BDN, geographically distant populations with a high
bootstrap value of 75%. NGK and MLB appeared as out groups. The clustering of
populations based on mtDNA showed limited concordance between dendrograms
and geographical distance. This discontinuity in the distribution of mtDNA may be
explained in terms of ancestral polymorphism and gene flow.