text:
Mexican law review
Mex. law rev vol.10 no.2 México Jan./Jun. 2018
https://doi.org/10.22201/iij.24485306e.2018.20.11893
The Application of Blank Criminal Law and the Principle of Legality: The Guatemalan Example
Lucas Martínez-Villalba*
* SJD Candidate Washington College of Law. LL.M in International Legal Studies, Washington College of Law; LL. M. in Human Rights, Universidad Iberoamericana; LL. B., Pontificia Universidad Javeriana. México.
The following article aims to assess the applicability of "blank criminal laws" under positive legal systems, as well as the threat it represents for the nullum crimen sine lege principle. It discusses the approaches to this concept taken by different legal systems in Latin America, particularly in Guatemala, where this technique was recently used to include in a flagship sentence several Conventions in which the State is involved but which are not fully transcribed into the corresponding codes. "Blank criminal laws" are understood as incomplete laws that only establish a penalty, leaving it to another judicial rule the broader definition, and analysis. The article compares the application of such laws in different Latin American countries, and how each country addresses the possible collision with the principle of legality.
Key Words: Blank criminal law; principle of legality or criminality; Constitutional Court; war crimes; crimes against humanity; criminal conduct
El presente ensayo pretende evaluar la aplicabilidad del derecho penal en blanco en el marco de los sistemas jurídicos de naturaleza positiva, particularmente el conflicto que tal aplicación representaría frente al principio de legalidad. El artículo expone las distintas aproximaciones realizadas por destacadas legislaciones en América Latina, acentuando el caso de Guatemala, donde esta técnica legislativa fue recientemente usada para incluir, en una decisión emblemática, el contenido de distintos tratados de los que el Estado forma parte, pero que no aparecen completamente descritos en su legislación penal. De esta manera, el artículo compara la aplicación del derecho penal en blanco en distintos sistemas legales en América Latina y la manera en que estos se enfrentan a la posible contradicción con el principio de legalidad. En los términos del presente ensayo, una ley penal en blanco consiste en aquellas leyes incompletas, que se limitan a fijar una determinada sanción, dejando a otra norma jurídica la misión de completarla con la determinación del precepto.
Palabras Clave: Derecho penal en blanco; principio de legalidad; Corte Constitucional; crímenes de guerra; crímenes de la humanidad; conducta penal
On Friday, February 26, 2016, The High Risk Court (A) in Guatemala found two former senior military officers guilty of crimes against humanity in a case involving, rape, sexual violence, sexual slavery, inhumane treatment and forced labor under article 378 of the Guatemalan Penal Code.1 The mentioned article refers to "Crimes against the Duties of Humanity" and is used to characterize conducts which amount to War Crimes or Crimes Against Humanity. This provision succeeds in grouping all the previously mentioned conducts into one single article applying the technique of blank criminal law (Derecho Penal en Blanco).
The term "blank criminal law" comes from the German word Blankettstrafgesetz. It was first used by Karl Binding in its 1872 work: Die Normen und ihre Ubertretung. Binding defines "blank penal law" as: "those incomplete laws which simply set a certain penalty, leaving the mission to another norm to complete its determination, that is, the specific description of the criminal offense".2 In other words, blank criminal laws are those criminal laws that do not fully describe the prohibited conduct. Therefore, they are completed by other laws to fulfill that description.
However, the application of this technique might pose a threat to the principle of nullum crimen sine lege, especially under positive law systems such as Guatemala's. Different systems throughout Latin America have provided diverse approaches regarding the use of blank criminal laws; some of these systems have strongly limited this legislative technique, while others have almost unconditionally accepted its application. The following investigation will compare these different approaches and the interpretation given by them to the principle of legality under the existence of blank criminal laws. In other words, it will try to establish the line where what is strictly written as law blurs to allow for the existence of blank criminal laws. Given the unprecedented decision in Guatemala in which two former military officers where convicted for crimes against humanity and war crimes under local courts, the application of blank criminal law may become pivotal as a reference for future trials throughout the region.
II. Analysis of the Nullum Crimen Principle
The first challenge blank criminal law faces is the possible contradiction with the principle of legality. The latin formula "nullum crimen sine lege" is attributed to Paul Johann Anselm Feuerbach who came to highlight and specify one of the central achievements of the French Revolution (article 8 of the Declaration of Rights of Man of August 26, 1789, and the Constitution of September 3, 1791).3 However, Feuerbach did not literally refer to the nullum crime sine lege, as much as it's interpreted from his reasoning.4 Thus, the principle nullum crime sine lege is an approach of Cesare Becaria in his work "On crimes and punishments"5 in which he explains "laws alone can decree punishments for crimes …that this authority can rest only with the legislator, who represents all of society united by a social contract."6
It is thus important to highlight how the legal system approaches this mentioned principle: It has developed as a rule under international law prohibiting retroactive application of criminal laws.7 For instance, it is included in Article 15 of the 1966 International Covenant on Civil and Political Rights (ICCPR).8 Specifically, Article 15 provides:
No one shall be held guilty of any criminal offence on account of any act or omission that did not constitute a criminal offence, under national or international law, at the time when it was committed.
Nothing in this article shall prejudice the trial and punishment of any person for any act or omission that, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.9
The principle is also codified in key human rights treaties, including the African Charter on Human and People's Rights,10 the European Convention on Human Rights,11 and the American Convention on Human Rights (ACHR).12 The relevant provision of the ACHR, Article 9, states: "No one shall be convicted of any act or omission that did not constitute a criminal offense, under the applicable law, at the time it was committed..."13
Importantly, although the ACHR, unlike the ICCPR, does not refer expressly to international law, the Inter-American Court of Human Rights has stated that the purpose of the nullum crimen provision is to safeguard the fundamental rights of life and liberty against arbitrary abuses of power.14Because the international community has long recognized that individuals may be prosecuted for acts committed in violation of international law,15such prosecutions would not constitute an arbitrary abuse of power and thus would be consistent with the principle enshrined in Article 9 of the ACHR.
Notably, international criminal tribunals and the European Court of Human Rights have expressly adopted a flexible approach to the prosecution of crimes that were only codified under customary international law at the time the relevant conduct was committed, recognizing the nature of international law and the severity of crimes that rise to the level of international crimes. For instance, while international criminal tribunals have made clear that the nullum crimen principle requires not only that the conduct was prohibited, but also that it gave rise to individual criminal responsibility under domestic or international law at the time it occurred,16 they have also held that the principle does not require that a crime was proscribed in the exact and precise terms in which it is later prosecuted.17 Rather, according to the International Criminal Tribunal for the former Yugoslavia (ICTY) and Rwanda (ICTR), as long as individuals could have reasonably foreseen from the law what acts or omissions would entail criminal liability, the nullum crimen principle is satisfied.18 Thus, as the ICTY explained in the Hadžihasanović case: "In interpreting the principle of nullum crimen sine lege, it is critical to determine whether the underlying conduct at the time of its commission was punishable. The emphasis on conduct, rather than on the specific description of the offense in substantive criminal law, is of primary relevance."19
In other words, "the principle of nullum crimen sine lege is satisfied if the underlying criminal conduct as such was punishable, regardless of how the concrete charges in a specific law would have been formulated."20 Notably, the European Court of Human Rights has taken a similar approach in interpreting the nullum crimen provision of the European Convention on Human Rights,21 which is virtually identical to that found in the ICCPR22.
This approach towards the interpretation of the nullum crimen is logical in light of the nature of international law, as explained by one of the Nuremburg Military Tribunals established to prosecute the atrocities of World War II:
Under written constitutions the ex post facto rule condemns statutes which define as criminal, acts committed before the law has passed, but the ex post facto rule cannot apply in the international field as it does under constitutional mandate in the domestic field. [...] International law is not the product of statute for the simple reason that there is yet no world authority empowered to enact statutes of universal application. International law is the product of multipartite treaties, conventions, judicial decisions and customs, which have received international acceptance or acquiescence. It would be sheer absurdity to suggest that the ex post facto rule, as known to constitutional states, could be applied to a treaty, a custom, or a common law decision of an international tribunal, or to the international acquiescence that follows the events. Having attempted to apply the ex post facto principle to judicial decisions of common international law would have been to strangle that law at birth.23
Similarly, the ICTY has observed:
Whereas the criminalization process in a national criminal justice system depends upon legislation that dictates the time when conduct is prohibited and the content of such prohibition, the international criminal justice system attains the same objective through treaties or conventions, or after a customary practice of the unilateral enforcement of a prohibition by States. It could be postulated, therefore, that the principles of legality in international criminal law are different from their related national legal systems with respect to their application and standards.24
It is therefore relevant to emphasize the strong relationship between the principle of non-retroactivity and the principle that there is no crime or punishment except in accordance with law. However, some authors argue in favor of the making of retroactive laws in exceptional circumstances: in situations where the wrongdoer's acts or omissions were morally wrong, though legal at the time when they were committed, that is, when the wrongdoer has transgressed the "natural law".25 Such is the case of the previously mentioned Nuremberg Trials for which most jurists have agreed the actions of the Nazis were so immoral as to be an exception to the principle of non-retroactivity.26 Yet, even when few would argue that the Nazis found guilty at Nuremberg were treated unfairly or unjustly, they were in fact tried under an ex post facto law, thus ignoring the principle of non-retroactivity.
The scenario brought up in by the Nuremberg trials is that, even when the principle of non-retroactivity is considered a fundamental human right, "retroactive law has been made, and continues to be made, in societies which ostensibly accept that principle as being a [fundamental] right".27 This then leads to the interpretation that retro-active law-making is eventually and tacitly accepted.
III. Blank Criminal Law as a Legislative Tool
The application of blank criminal law as a legislative technique has been described by the Guatemalan Courts in a very recent decision regarding the initiation of trial against former president Efraín Ríos Montt.28 In its decision the Court explained the application of article 378 regarding war crimes and crimes against humanity. This was extended by defining it as a "blank penal law".29 Thus, the nature of article 378 as a "blank penal law" serves as a legislative tool, which refers to international covenants or customary laws (jus cogens), where the norm is fully described.30 Therefore a legislative tool should be understood as a technique that by the application of a set of rules leads to correct formulation and design of a pre-set norm content, resulting in a juridical-technical harmonization of the norm in itself and with regard to other norms.31 Thus, the use of this legislative tool does not collide with the principle of legality: as mentioned by Muñoz Conde and García Aran "once completed, a blank criminal law is as much of a criminal law as any other. From a structural point of view, a blank criminal law does not raise special difficulties, the hypothesis contained in the non-penal norm belongs to the criminal law, integrating or completing it."32
In the case of criminal law Mir Puig explains: "neither the factual situation, nor the legal consequences in criminal law are completely described on any provision stated in the Penal Code. In this sense, all provisions in the Penal Code are individually considered as incomplete propositions".33 Therefore, blank criminal laws should not be interpreted as threatening to the principle of legality, except in those cases in which the complementary non-penal law fails to provide a clear description. In that case, both the non-penal and the criminal law would become ineffective.34
The application of blank criminal law becomes useful when the subject matter proofs extremely changeable, flexible or complex to be described by a single provision, and therefore demands an immediate reference to another law.35 This means that the economy and society are subject to constant evolution. In this sense, the use of such legislative tools becomes necessary. Otherwise, a frequent revision of every prohibited conduct would be necessary to adapt to this constant evolution.36
The definition of blank criminal law proposed has been modified through time and inserted into different legal systems. It has been mostly influenced by their particular characteristics and legal standards. Edmund Mezger37 would broaden this concept by including two new applications:
The supplement to the criminal conduct is described within the same law.
The supplement to the criminal conduct is described in another law but it emanated from the same body of law.38
This addition would then divide the concept of blank criminal law into two: Binding's definition in which the supplement to the described conduct is found in another body of law as a blank criminal law in a strict sense, and Mezger's addition as blank criminal laws in a broad sense. The addition of the two previously mentioned applications should then be interpreted as an external legislative tool.39 It is important to note that in all three applications the necessary supplement is considered as an accessory part of the prohibited conduct. Nevertheless, the whole supplemented prohibited conduct has the same legal effects as any other, specially regarding its significance as a legal base for illegality.40
IV. The Application of Blank Criminal Law in Latin America
The development process and socio-economic transformations that have taken place in Latin America are placing new demands on the exercise of the law. This development not only comes from the field of economics and business but it is also emerging as a reflection from other social needs of particular importance such as the prevention and repression of crime, the protection of the family, and the environment and the protection of certain disadvantaged groups. Moreover, the recent trend towards globalization of national economies and societies is creating new challenges to international law and its application, therefore imposing the internationalization of legal relations and law.41
In this context the approach towards the exercise of criminal law in Latin America should rely on appropriate resources to strengthen and also to complement its range of protection, but respecting the limits imposed by the principle of legality or Nullum crimen, nulla poena sine lege. This means that even under the premise of illegality for the application of criminal figures through international law at the domestic level, the use of blank criminal laws serves as an exception to the principle of legality, and therefore opens a channel to include international standards described through covenants and customary international law into domestic systems in the region.
1. The Chilean Separation Into Proper, Improper and Open Penal Laws
The use of blank criminal law in Chile finds its boundaries within its own Constitution, as stated in article 19, section 3, paragraph 8, which reads: "No crime will be punished with a penalty other than that specified by a law promulgated prior to its perpetration, except where a new law favors the affected [person]. No law can establish penalties unless the conduct that [the law] penalizes is expressly described in it."42
As described through this constitutional provision, the application of blank criminal law is somewhat accepted under the Chilean system. In this sense, the Chilean law uses a similar distinction for blank criminal laws distinguishing them in accordance with their legal status and the hierarchical level of the supplemented prohibited conduct.43 Thus, improper criminal laws in blank are those that make a reference to a law in strict sense; proper criminal laws in blank are those that find their supplement in lower legal instruments such as regulations, or any other form of rules emerging from an administrative authority; and finally a third category defined as open penal laws, which are laws with no supplementary law whatsoever, nor lower level regulations to refer to, but its determination or supplement is delivered to the judge.44
The Constitutional Tribunal in Chile has tolerated the existence of some blank criminal laws in their proper form. Even when these legal instruments lack a clear description of the prohibited conduct, their reference to a lower level regulation protects them from colliding with the principle of legality. Still, the Court demands three characteristics from the referred law to prevent it from being constitutionally inapplicable:
The referred regulation must include the central core of the prohibited conduct;
The referring law must clearly state the referring regulation to which it's referring;
The referred regulation must provide a certain level of clarity.45
The Chilean Tribunal has approached the applicability of blank criminal law by focusing its analysis on the description provided by the original law.46 If such description or definition proves insufficient then the legal provision shall be declared unconstitutional. Nevertheless, if the mentioned provision at least describes the central core of the prohibited conduct then other rulings or administrative provisions may supplement it.47 This is the case of a proper blank criminal law, which by nature demands a clear and direct reference to the regulations, or any other form of rules emerging from an administrative authority that complements it.
It has been the Tribunal's reasoning that both improper and proper blank criminal laws will always be constitutional. Only in the event that the legal supplement for improper blank criminal laws or any of the previously mentioned characteristics for the proper blank criminal laws are missing, then these will turn into open penal laws. The latter will in fact be considered unconstitutional given that they miss a direct reference to any body of law, thus colliding with the principle of legality.48
2. Argentina and the Mouviel Case
The distinction between proper and improper blank criminal law has also been studied in Argentina. Criminalist Ricardo C. Núñez distinguishes the first as: those "in which particular infringements are actually designed by the supplementary legal act"49 therefore evading any description of the sanctioned conduct, and so appointing the power to determine the infringement to another law.50Improper blank criminal laws, on the contrary, are those that are limited to sanction certain prohibited conducts on which an specific law or regulation has already ruled.51 In these circumstances, even when the prohibited conduct depends on another legislative body, the main law is the one that specifies such conduct, therefore excluding the description in the supplementary law.52
Improper blank criminal laws may also be distinguished as those that perform an internal remission within the same law, a different article for example; while these same laws may perform an external remission to another formal law.53 This means that the main law establishes the sanction but then it refers to another article within this same law or to another law at the same hierarchical level to establish the prohibited conduct.54
When analyzing the principle of legality in Argentina against the use of blank criminal laws the Mouviel case emerges as an inevitable reference55. The case dealt with the arrest of Raúl Mouviel and others for the violation of Police Edicts for public disorders. The defendants were detained for 30 days as determined by the Federal District's Police Chief based on Art. 7 inc. a), of the Argentine Federal Police Statute. The mentioned norm authorized the Police Chief to issue edicts within the competence allocated by the Criminal Procedural Code with the purpose to repress acts of violence that were not considered by the legislator.56
The decision was then appealed before the Penitentiary Criminal Judge, who sustained the decision. The defendants made an extraordinary review arguing that the current regime simply concentrated in the Police Chief all three legislative, executive and judiciary powers, which would constitute a violation of the principle of separation of powers.57
The Supreme Court reversed the already issued police edicts based on Article18 of the Argentinean Constitution, which clearly states: "No inhabitant of the Nation may be punished without previous trial based on a law enacted before the act that gives rise to the process, nor tried by special committees, nor removed from the judges appointed by law before the act for which he is tried."58 According to this same reasoning Article 19 states that: "The private actions of men that in no way offend public order or morality, nor injure a third party, are only reserved to God and are exempted from the authority of judges. No inhabitant of the Nation shall be obliged to perform what the law does not demand nor deprived of what it does not prohibit."59 It is thus highlighted that only the legislative power is responsible for establishing, through laws, the description of the prohibited conducts and their corresponding sanctions.
The executive power is, however, entitled to issue "the instructions and rules necessary for the enforcement of the laws of the nation, without altering their spirit with regulatory exceptions".60 Nevertheless, the Supreme Court has stated in previous sentences that even if the Executive is granted the power to establish certain police regulations, it means only the faculty to implement regulations that are already defined by the legislature.61
In its opinion on the Mouviel case, the Attorney General explains that the reference to another law does not create major problems.62 But when the referral from blank criminal laws involves administrative regulations, two situations must be considered: first, if the prohibited conduct is described by criminal law but the description of such conduct must be incorporated with a factual element provided by the Executive, in which case there would be no violation of the principle of legality; and second, if the prohibited conduct is not specified by criminal law but instead it refers to administrative regulations, in which case they should be considered as an example of Article 99.2 of the Constitution.63
The Argentinean Constitutional Tribunal therefore considers blank criminal laws admissible only if they meet the following requirements:
The remission to another regulation must be unavoidable by the complexity or extension of the issue presented.
The central core must be regulated by the law that it is referring to, while the referred regulation may only verse on secondary issues.
The referral must be clear and explicit.64
3. The Constitutional Court in Colombia and the Possibility of Sentence Revision
The principle of legality in Colombia is described under Article 29 of the Constitution as follows:
Article 29. Due process will apply to all legal and administrative measures.
No one may be judged except in accordance with the relevant previously written laws before a competent judge or tribunal following all appropriate formalities in each trial.
In penal cases, a permissive or favorable law, even when ex post facto, will be applied with preference over restrictive or unfavorable alternatives.
Every person is presumed innocent until proven guilty according to the law. Everyone criminally charged is entitled to counsel and to chose a defendant or to be appointed one during the investigation and trial; to a fair and public hearing without undue delay; to present evidence and to examine witnesses for the prosecution; to challenge the conviction, and to not be prosecuted twice for the same offence.
Evidence obtained in violation of due process is null and void as of right.65
This provision establishes that by Constitutional level, the criminal law must indicate or describe in a complete way the structural elements of the prohibited conduct. In other words, there is no crime if the law has not considered it as such, and this is not accomplished until a clear description and a penalty for it are provided (nullum crimen sine lege-nulla poena sine lege).66
The Supreme Court has clearly explained the principle of legality in the following terms:
If the criminal provision appears vague, uncertain, ambiguous or erroneous, those who are called upon to apply it will then be necessarily exercising an arbitrary power, causing an unfair disruption in the sphere of individual liberties, which is inviolable, and Constitutionally guaranteed.
The principle of legality must be aligned with the following essential features of normativity: 1. Every criminal substantial law, whether it constitutes an infraction, a crime, or a disciplinary sanction, must be hierarchically respectful of the Constitution; 2. It must be legally applicable prior to the commission of the crime; 3. It must prove specific, clear, certain, sharp, unequivocal, exhaustive and clearly delimited; 4. Thus it may not be deemed valid when it appears implicit, ambiguous, equivocal, extensive or analogical, with the exception of the latter when it is used to favor the prosecuted67.
Under these boundaries, the criminal code in Colombia (Law 599, 2000) provides the following:
Article 6. Legality. No one may be tried except in conformity with the laws that predate the act of which the person is accused, before a competent court or tribunal and in accordance with the procedure appropriate to each case. The preexistence of the law is also applicable for the referral of criminal blank laws.68
The Constitutional Court in its Sentence C-559/99 has revised the implementation of blank criminal law in Colombia.69 In the Court's reasoning blank criminal laws are characterized by the scope of their prohibition, which cannot be autonomously defined, instead it depends on different provisions of the Law.70 The Court finds these legislative tools constitutionally valid if "the remission to another law allows to unequivocally establish the scope of the prohibited conduct and the corresponding sanction".71
On a similar matter the Constitutional Court in Colombia used a similar technique as the High Risk Court (A) referring to IHL standards on its Sentence C-004/03. This decision establishes that it is necessary for the Procedural Criminal Code in Colombia to include the possibility of reopening investigations concerning human rights violations and serious IHL infringements in cases in which the acquittal of a defendant results from a protruding dereliction of the State's duty to investigate, these behaviors in a serious and impartial manner.72 Article 220 concerning revision causes does not include that provision. So the code has a legislative gap. The Court resolves this situation by determining the nature of the crimes added to the State's obligation to prosecute these crimes. Therefore, such gap should and must be filled through a sentence that integrates the possibility to revise those cases involving the rights of human rights victims as grave breaches to IHL.73
The Constitutional Court in Colombia determines that Article 220 may be invoked in the revision of cases of preclusion of investigation, cessation of proceedings or dismissal of charges, in which human rights violations or serious IHL infringements are involved, and a domestic court judgment or a decision by an international human rights monitoring and follow-up body, formally recognized by Colombia, has found that there exists a new fact or evidence not known at the time of the hearing.74 In this sense, it is the duty of the judge in Colombia to abide by such possibility even when it's not literally expressed in the Criminal Code.
4. Costa Rica and the Immediate Reference to International Law
The inclusion of international crimes as a particular prohibition within the criminal normativity in Costa Rica provides a more tolerant application of blank criminal laws in the State. Thus in alignment with the principle of legality as defined by its Constitution where it states: "Article 28. No one may be disturbed or persecuted for expressing his opinions or for any act that does not infringe the law."75 Article 374 of Costa Rican Penal Code states the following:
Crimes of international level: Article 374. For those who direct or take part in international organizations with the purpose of trafficking slaves, women or children, drugs, or [those who] carry out acts of terrorism, or infringe human rights treaty provisions ratified by Costa Rica, the penalty shall be a term between ten to fifteen years' imprisonment.76
Under this provision, it becomes clear that Costa Rica easily abides by the principle of legality without the use of an exhaustive description of the criminal conduct. Although, it seems valid to state that the allusion to this type of blank criminal laws directs to figures provided by conventional standards, consideration must be given the fact that criminal law will not be sufficiently covered by the mere reference to crimes described by customary international law. The exercise of customary international law demands a widespread and constant practice by the State and its correspondent opinio iuris.77 Nonetheless, Costa Rica's use of criminal laws in blank provides an interesting reference to international law as a complement to its own description of criminal conducts. As it will be explained below, Guatemala uses a very similar technique for the implementation of international conventional standards and customary international law into its own criminal system.
The Constitutional Court in Costa Rica has found that the application of blank criminal laws is constitutionally acceptable as long as the referral carried out by the law is done towards a provision at the same level. Thus, sentence 6785-05 stated the following:
...in the particular case, what the appellant states is that the criminal conduct attributed to him, as detailed in Article 213 of the Criminal Code, is incomplete. Therefore to be deemed understandable and applicable it must be supplemented by Article 209 of the same law. This Court has previously ruled in favor of the constitutionality of such specific legislative technique [blank criminal laws], which is used to complement legal standards in order to configure and complete all the minimum necessary elements of the offense.78
Under the Court's analysis the contested law is fully constructed by all the required elements for a criminal conduct: the active subject, the description of the conduct, and the sanction for it, and then it does not prove illegal in the light of the principle of legality.79
5. The Principle of Nullum Crimen Under Guatemalan Domestic Law
The principle of legality is also firmly rooted in Guatemalan law. For instance, Article 5 the Constitution provides: "All persons have the right to do what the law does not prohibit; [the persons] are not obligated to obey orders that are not based in law or issued in accordance to it. Neither may they be persecuted or harassed for their opinions or for acts that do not imply an infraction of it."80 Furthermore, Article 17 of the Constitution provides: "The actions or omissions that are not qualified as crimes or faults and that [are] punishable by a law [that is] prior to their perpetration[,] are not punishable.81
While the Guatemalan Constitutional Court has held that nullum crimen "demands that the criminal conduct is fully described in the positive law,"82 this requirement does not preclude the prosecution of acts that were criminalized only as a matter of customary international law at the time they were committed.83 Article 149 of the Guatemalan Constitution expressly incorporates customary international law as part of domestic law insofar as it governs its international relations in accordance with international principles, rules and practices.84 This means that a rule of international law can be enforced without being enacted by Congress. This is only valid if the existence and extent of a certain rule of international law has been duly proven to be binding and accepted by the international community as a whole, and if it has never been rejected by the State under consideration.85
However, the Court's reasoning in a case involving allegations of torture as a war crime leads to a contradiction against this provision when it states:
Resorting to international norms cannot restore the vulnerable condition of such criminal acts regarding torture (or any other crime under IHL), even if they are norms of ius cogens that demand universal application. Regarding the principle of legality, as referred in the preceding paragraphs, for a criminal offense to be linked with the commission of criminal acts, it must be fully described within a norm, otherwise it would violate the freedom of will granted to the State's citizens, particularly taking into account the prohibition of analogy and broad interpretation embodied in criminal law.86
The Court goes further to state: "for this reason, the prohibited conduct must be concrete. If the qualifying elements for this conduct are not reached, then the constitutional parameters for the creation of offenses will not be met."87
Given the forgoing, it is clear that, to be prosecuted in Guatemala, an act must have been criminalized either under the domestic law applicable in the State or under international law at the time it was committed. The charges in the Sepur Zarco case have been brought under Article 378 of the Guatemalan Penal Code, which states: Crimes against the Duties of Humanity: Whosoever violates or infringes humanitarian obligations, laws or covenants regarding prisoners or hostages of war or those wounded in battle, or whosoever commits any inhuman act against the civilian population or against hospitals or places designated for the wounded will be sentenced to 20-30 years in prison.88
While this provision clearly criminalizes violations of international humanitarian law, it does not "fully describe[s]" the individual violations that fall within its scope, as required by the Guatemalan Constitutional Court in its analysis of the principle of legality cited above.89 Nevertheless, the accused in the present case were charged with crimes against the duties of humanity in the specific forms of sexual violence, sexual slavery, domestic slavery, and outrages upon personal dignity.90 Indeed, during the stage of proceedings intended to determine whether there is a basis for committing a person to trial, the First Instance Judge, Miguel Ángel Gálvez, permitted the case to go to trial against the accused on the basis of these specific charges, arguing, in part, that Article 378 is an open or "blank, criminal law,"91 meaning that although it does not describe in detail the conduct proscribed, it makes reference to other sources of law and allows a court to define the proscribed conduct by reference to those other sources.92 Judge Gálvez explained that the Penal Code, which Guatemala adopted in 1976, created various offenses of international concern, among them Article 378, which "of course refers us to international conventions and especially the [1949] Geneva Conventions" ratified by Guatemala in 1952.93 Noting that the provision had to be interpreted in light of developments in international law, Judge Gálvez went on to point out that, Article 378 was intended to refer not only to war crimes but also to crimes against humanity.94 Thus, under Article 378 of the Guatemalan Penal Code, this court has jurisdiction to adjudicate acts constituting crimes under customary or conventional international law binding on Guatemala.
V. Conclusion
Though useful, the legislative tool of blank criminal law finds a certain level of resistance within the legal systems reviewed. It is a common understanding that such a tool can only be exercised as an exception to heavily positivized legal systems. For this reason States like Chile and Argentina opt for strict applications of blank criminal laws in only allowing the reference they provide through rulings of lower hierarchical level. On the other hand, States like Costa Rica and Guatemala use blank criminal laws as a more open reference to notably complex subjects like International Humanitarian Law and customary international law. On either approach, it becomes important to bring to attention the thoughts of Luis Miguel Reyna when he states that blank criminal laws do not particularly interfere with the principle of legality, except only in those cases in which the non-penal law makes an unclear description of the criminal conduct.95
Nevertheless, it is also notable how the use of blank criminal law has become a more frequent trend starting in the nineties to the date. With the exception of Argentina, the use of blank criminal laws has become a more recent approach by the reviewed States. The period coincides with the transition of these legal systems from complex situations of human rights violations towards the inclusion of human rights standards into their legal orders. This period includes the ending of the Military dictatorship in Chile in 1989; the demobilization of the M-19 guerrilla and the new Constitution signed in 1991 in Colombia, and, the peace process in Guatemala in 1996. These transitions where followed by a strong implementation of International Human Rights Law and International Criminal Law into their legal systems.
It appears that the complexity and length of the mentioned bodies of law proved difficult enough for this States to handle. Then, the use of legal tools as criminal laws in blanks serves as a practical way to resolve this. Nevertheless, the requirements the nulla poena sine lege demands, proves that regardless of the legislative tool chosen by each State, the existence of an internal law which in some way translates the international standards for international crimes, becomes necessary.
In other words, the use of legislative tools such as blank criminal law may be understood as the fulfillment of the State's obligation to "adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to"96 the rights and freedoms described by the relevant covenant. In the words of the Permanent Court of International Justice: "a State which has contracted valid international obligations is bound to make in its legislation such modifications as may be necessary to ensure the fulfillment of the obligations undertaken."97
As mentioned above, the decision regarding the conviction of two former Military men in Guatemala constitutes the first case in which a local Court tries and sentences individuals for crimes against humanity and war crimes. Notably, the decision was taken making an strict reference to blank criminal laws that might not appear as popular within the region. However, its application is positive for convictions like these.
It is not unfair to say that the Guatemala case has become an example for the enactment of IHL provisions throughout the region, not only for undertaking the necessary measures, but most importantly for bringing such mea-sures to the highest level of practice.
Álvaro Roberto Delgado Lara, Las leyes penales en blanco en la jurisprudencia del Tribunal Constitucional (2005-2011), 8 No. 2 Ars Boni et Aequi, 277 (2012). [ Links ]
Ana Cristina Rodríguez Pineda, Guide to Legal Research in Guatemala, Section. 4.2.2, (Jul. 23, 2016, 11:15 AM), http://www.nyulawglobal.org/globalex/Guatemala1.html#_4.2_Treaties [ Links ]
Ángela Vivanco, II. Curso De Derecho Constitucional, Aspectos Dogmáticos de la Carta Fundamental de 1980 555 (Universidad Católica de Chile) (2006). [ Links ]
Cesare Beccaria, On crimes and punishments and other writings 12 (Aaron Thomas and Jeremy Parzen trans., University of Toronto 2008). [ Links ]
Claudia Patricia Orduz Barreto, El Principio de Legalidad en la Ley Penal Colombiana, 2 Revista Criterio Jurídico Garantista, (January-June 2010). [ Links ]
Constitución Política de Colombia [Const]. Art. 29. Julio 7 de 1991 (Colombia). [ Links ]
Convention for the Protection of Human Rights and Fundamental Freedoms, Art. 7 Nov. 4, 1950, 213 U.N.T.S. 222, (1953). [ Links ]
Edmund Mezger, Derecho Penal. Libro De Estudio. Parte General 154 (Bibliográfica Argentina) (1958). [ Links ]
Enrique Cury Urzúa, Derecho Penal, parte general 175 (Universidad Católica de Chile) (2005). [ Links ]
Francisco Muñoz Conde & Mercedes García Arán, Derecho Penal parte general 36-37 (Tirant lo Blanch, 1996). [ Links ]
Frente Universitario Peronista, caso Mouviel, Resúmenes de Fallos, federación universitaria 8 Blog (May 13, 2016 12:25 PM) http://federacionuniversitaria8.blogspot.com/2008/04/mouviel.html [ Links ]
G. Williams, Criminal Law, the general part, 577 (1961). [ Links ]
Gustavo Cassola Perenzutti, Medio Ambiente y Derecho Penal 29 (B de F) (2005). [ Links ]
Impunity Watch, Monitoreo de la Justicia Transicional en Guatemala, Tomo II: Derecho a la justicia para las víctimas del Conflicto Armado Interno 16, (Jul. 23, 2016, 11:43 AM), http://www.impunitywatch.org/docs/Research_report_informe_monitoreo_IW_JUSTICIA_Dec_2014.pdf (internal citations omitted). [ Links ]
Inter-American Development Bank, Justicia y Desarrollo en América Latina y El Caribe (1993). [ Links ]
James Popple, The Right to Protection from Retroactive Criminal Law, 4 Criminal Law journal 256 (1989). [ Links ]
Juan Bustos Ramírez, Obras Completas, Derecho Penal, Parte General 387 (Jurídica de Santiago) (2007) [ Links ]
Luis Miguel Reyna Alfaro, Derecho penal y la ley en blanco. Algunos apuntes sobre la problemática de la técnica del reenvío en las legislaciones penales europeas a propósito de la normativa comunitaria, 41 Themis 327 (2000). [ Links ]
M. Cherif Bassiouni, The Sources and Content of International Criminal Law: A Theoretical Framework, in International Criminal Law, 2d rev. ed. vol. 1, ed. M. Cherif Bassiouni (New York: Transnational Publishers, 1999). [ Links ]
Mezger, E., Tratado de Derecho Penal; Tomo I 381 (J. A. Rodríguez Muñoz trans., Madrid 2d ed.) (1946) [ Links ]
Organization of American States, American Convention on Human Rights, adopted 22 November 1969, 1144 U.N.T.S. 123. [ Links ]
Prensa Libre, Sepur Zarco Reyes Girón 120 y Valdez Asij 240 años de prisión, PRENSA LIBRE (Feb. 26, 2016, 08:41 AM). http://www.prensalibre.com/guatemala/justicia/sepur-zarco---tribunal-dictara-sentencia-esta-tarde. [ Links ]
Ramón Yordanis Alarcón Borges, Normas penales en blanco: Por el camino de la doxa al de la alétheia, Revista Pensamiento Penal, (Jul. 03 2016, 10:12 AM), http://www.pensamientopenal.com.ar/doctrina/29717-normas-penales-blanco-camino-doxa-al-aletheia [ Links ]
Requerimiento De Inaplicabilidad Por Inconstitucionalidad, Tribunal Constitucional [T.C.] [Constitutional Tribunal] 9 de noviembre de 2006, rol no 468, p. 1 (Chile). [ Links ]
Ricardo C. Nuñez, Manual de derecho penal, parte general 66 (Marcos Lerner) (1999). [ Links ]
S. Mir Puig, Derecho Penal Parte General 26 (Barcelona, 1984). [ Links ]
Sergio Politoff. et al, Lecciones de Derecho Penal Chileno. parte general 613 (Editorial Jurídica) (2004). [ Links ]
Stijn Debaene, Raf Van Kuyck and Bea Van Buggenhout, Legislative Technique as Basis of a Legislative Drafting System, in Legal Knowledge Based Systems 23-34 (H. Jaap van den Herik et al. Eds 1999). [ Links ]
X Fernández Pons, "El principio de legalidad penal y la incriminación internacional del individuo" 5 REEI, 8 (2002). [ Links ]
1The case is commonly known as the Sepur Zarco. See Prensa Libre, Sepur Zarco Reyes Girón 120 y Valdez Asij 240 años de prisión, PRENSA LIBRE (Feb. 26, 2016, 08:41 AM). http://www.prensalibre.com/guatemala/justicia/sepur-zarco---tribunal-dictara-sentencia-esta-tarde.
2Unofficial translation of: "aquellas leyes incompletas, que se limitan a fijar una determinada sanción, dejando a otra norma jurídica la misión de completarla con la determinación del precepto, o sea, la descripción específica de la conducta punible, In: Álvaro Roberto Delgado Lara, Las leyes penales en blanco en la jurisprudencia del Tribunal Constitucional (2005-2011), 8 No. 2 Ars Boni et Aequi, 277 (2012).
3S. MIR PUIG, DERECHO PENAL PARTE GENERAL 26 (Barcelona, 1984).
5CESARE BECCARIA, ON CRIMES AND PUNISHMENTS AND OTHER WRITINGS 12 (Aaron Thomas and Jeremy Parzen trans., University of Toronto 2008).
7M. CHERIF BASSIOUNI, The Sources and Content of International Criminal Law: A Theoretical Framework, in INTERNATIONAL CRIMINAL LAW, 2d rev. ed. vol. 1, ed. M. Cherif Bassiouni (New York: Transnational Publishers, 1999).
8International Covenant on Civil and Political Rights, Dec. 16, 1966, S. Exec. Rep. 102-23, 999 U.N.T.S. 171. Ratified by the Guatemalan congress through decree 9-92 on 1 May 1992
9Id. Art. 15.
10See, African Charter on Human Rights and Peoples' Rights, adopted June 27, 1981, 21 I.L.M. 58
11Convention for the Protection of Human Rights and Fundamental Freedoms, adopted 4 November 1950, 213 U.N.T.S. 221.
12Organization of American States, American Convention on Human Rights, adopted 22 November 1969, 1144 U.N.T.S. 123.
13Id. Ratified by Guatemalan on November 22, 1969. Guatemala also recognized the jurisdiction of the Inter-American Court of Human Rights through Government Agreement No. 123-87, dated February 20, 1987
14See, Case of Ricardo Canese v. Paraguay. Merits, Reparations and Costs. Judgment, Inter-Am. Ct. H.R. (ser. C) No. 111, 174 (Aug. 31, 2004).
15See, e.g., infra, Section IV. But see also Corte Constitucional de Colombia. Sentencia C-004 de 2003 34 (M.P. Dr. Eduardo Montealegre Lynett: January 2003). (holding that cases involving human rights violations and serious infringements of international humanitarian law may be re-opened based on evidence that an accused was acquitted due to a failure by the State to adequately and impartially investigate, even though there is no express language in the Colombian Procedural Criminal Code allowing for such a procedure).
16See, e.g., Prosecutor v. Georges Anderson Nderubumwe Rutaganda, Case No. ICTR-96-3, Judgment and Sentence, 86 ICTR-96-3 (6 December 1999) (supporting the proposition that, in order for the nullum crimen principle to be satisfied, the conduct in question must not only be violative of international law, but also it shoud have given rise to individual criminal responsibility); Prosecutor v. Dusko Tadić, Case No. IT-94-1-AR72, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, 128-136 (2 October 1995). At least one human rights body, the European Court of Human Rights, had adopted the same approach: Streletz, Kessler and Krentz v. Germany, (Applications nos. 34044/96, 35532/97 and 44801/98), Judgment (22 March 2001).
17Prosecutor v. Enver Hadžihasanović, Case No. IT-01-47-PT, Decision on Joint Challenge to Jurisdiction, 62, 165 (12 November 2002); Prosecutor v. Edouard Karemera, et al., Case No. ICTR-98-44-T, Decision on the Preliminary Motions by the Defence of Joseph Nzirorera, Édouard Karemera, André Rwamakuba and Mathieu Ngirumpatse Challenging Jurisdiction In Relation To Joint Criminal Enterprise, 37 (11 May 2004).
18Prosecutor v. Enver Hadžihasanović, Case No. IT-01-47-PT, Decision on Joint Challenge to Jurisdiction, 62, 165 (12 November 2002); Prosecutor v. Edouard Karemera, et al., Case No. ICTR-98-44-T, Decision on the Preliminary Motions by the Defence of Joseph Nzirorera, Édouard Karemera, André Rwamakuba and Mathieu Ngirumpatse Challenging Jurisdiction in Rela-tion to Joint Criminal Enterprise, 37 (11 May 2004).
19Hadžihasanović, Decision on Joint Challenge to Jurisdiction, supra n. 18, 62 (emphasis added). See also Karemera, et al., Decision on the Preliminary Motions by the Defence of Joseph Nzirorera, Édouard Karemera, André Rwamakuba and Mathieu Ngirumpatse Challenging Jurisdiction In Relation To Joint Criminal Enterprise, supra n. 18, 37 ("Where a principle can be shown to have been so established, it is not an objection to the application of the principle to a particular situation to say that the situation is new if it reasonably falls within the application of the principle.").
20Hadžihasanović, Decision on Joint Challenge to Jurisdiction, supra n. 13, 165 (emphasis added).
21Case of Streletz, Kessler and Krentz v. Germany, supra n. 12, 105 (finding no violation of the European Convention on Human Right's bar against retroactive application of laws, even though the defendants had been prosecuted under a law that did not exist at the time they committed the acts, because "at the time when they were committed, the applicants' acts… constituted offences defined with sufficient accessibility and foreseeability by the rules of international law on the protection on human rights.")
22Convention for the Protection of Human Rights and Fundamental Freedoms, Art. 7 Nov. 4, 1950, 213 U.N.T.S. 222, (1953).
23United States v. Josef Altstötter, et al., Case No. 3 IMT Trial [Trial of the major war criminals before the International Military Tribunal, Nuremberg], 974-75 (14 November 1945-1 October 1946). It must be noted that the mentioned Military Tribunal was severely criticized for providing for punishment of all crimes against humanity (whether or not in violation of the domestic law of the country where the acts were committed), and for declaring the waging of a war of aggression to be a crime. Both examples were considered to go beyond existing international law. Nevertheless, as mentioned by G. Williams "No injustice was done at Nuremberg, because all the defendants there found guilty were clearly guilty of war crimes in the traditional sense." See, G. WILLIAMS, CRIMINAL LAW, THE GENERAL PART, 577 (1961).
24Prosecutor v. Zdravko Mucić, Case No. IT-96-21-T, Trial Judgement, 404-05 (16 November 1998).
25See, James Popple, The Right to Protection from Retroactive Criminal Law, 4 Criminal Law journal 256 (1989).
26Id.
28AUDIENCIA DE RESOLUCIÓN DE PROCEDIMIENTO INTERMEDIO, Juzgado Primero de Primera Instancia Penal, Narcoactividad y Delitos Contra el Ambiente por Procesos de Mayor Riesgo (B) Municipio y Departamento De Guatemala. [C.H.R.C] [Courts for High Risk Crimes] (Juez Miguel Angel Galvez Aguilar; 28 January, 2013).
29Id. Unofficial translation of: El artículo 378 es una norma penal en blanco… Que por razones de técnica legislativa remite a normas internacionales convencionales o de carácter inderogable, o sea el ius cogens, de donde se hayan sus propuestos de hecho. Transcript of Oral Argument at 19.
31Stijn Debaene, Raf van Kuyck and Bea Van Buggenhout, Legislative Technique as Basis of a Legislative Drafting System, in LEGAL KNOWLEDGE BASED SYSTEMS 23-34 (H. Jaap van den Herik et al. Eds 1999).
32Unofficial translation of: "la norma penal en blanco, una vez completada, es tan norma penal como cualquier otra. Desde un punto de vista estructural la norma penal en blanco no plantea, por consiguiente, especiales dificultades, el supuesto de hecho consignado en la norma extrapenal pertenece a la norma penal, integrándola o completándola." FRANCISCO MUÑOZ CONDE & MERCEDES GARCÍA ARÁN, DERECHO PENAL PARTE GENERAL 36-37 (Tirant lo Blanch, 1996).
33See, supra n. 3 S. MIR PUIG, DERECHO PENAL PARTE GENERAL 26 (Barcelona, 1984).
34See, Luis Miguel Reyna Alfaro, Derecho penal y la ley en blanco. Algunos apuntes sobre la problemática de la técnica del reenvío en las legislaciones penales europeas a propósito de la normativa comunitaria, 41 Themis 327 (2000)
35JUAN BUSTOS RAMÍREZ, OBRAS COMPLETAS, DERECHO PENAL, PARTE GENERAL 387 (Jurídica de Santiago) (2007); ENRIQUE CURY URZÚA, DERECHO PENAL, PARTE GENERAL 175 (Universidad Católica de Chile) (2005); GUSTAVO CASSOLA PERENZUTTI, MEDIO AMBIENTE Y DERECHO PENAL 29 (B de F) (2005).
37MEZGER, E., TRATADO DE DERECHO PENAL; TOMO I 381 (J. A. Rodríguez Muñoz trans., Madrid 2d ed.) (1946) and EDMUND MEZGER, DERECHO PENAL. LIBRO DE ESTUDIO. PARTE GENERAL 154 (Bibliográfica Argentina) (1958), in RAMÓN YORDANIS ALARCÓN BORGES, Normas penales en blanco: Por el camino de la doxa al de la alétheia, REVISTA PENSAMIENTO PENAL, (Jul. 03 2016, 10:12 AM), http://www.pensamientopenal.com.ar/doctrina/29717-normas-penales-blanco-camino-doxa-al-aletheia
41See, INTER-AMERICAN DEVELOPMENT BANK, JUSTICIA Y DESARROLLO EN AMÉRICA LATINA Y EL CARIBE (1993).
42Unofficial translation of: "Ningún delito se castigará con otra pena que la que señale una ley promulgada con anterioridad a su perpetración, a menos que una nueva ley favorezca al afectado. Ninguna ley podrá establecer penas sin que la conducta que se sanciona esté expresamente descrita en ella" Art. 19, Const. Chile.
43See, supra no. 2 Álvaro Roberto Delgado Lara, Criminal law in blank in the jurisprudence of the Constitutional Court (2005-2011).
44See, SERGIO POLITOFF. et al, LECCIONES DE DERECHO PENAL CHILENO. PARTE GENERAL 613 (Editorial Jurídica) (2004); and see ÁNGELA VIVANCO, II. CURSO DE DERECHO CONSTITUCIONAL, ASPECTOS DOGMÁTICOS DE LA CARTA FUNDAMENTAL DE 1980 555 (Universidad Católica de Chile) (2006).
46See, REQUERIMIENTO DE INAPLICABILIDAD POR INCONSTITUCIONALIDAD, Tribunal Constitucional [T.C.] [Constitutional Tribunal] 9 de noviembre de 2006, rol no 468, p. 1 (Chile)
47See, supra note 34
49Unofficial translation of: "Las infracciones particulares son creadas, en realidad, por el acto legislativo complementario" in RICARDO C. NUÑEZ, MANUAL DE DERECHO PENAL, PARTE GENERAL 66 (Marcos Lerner) (1999)
55The mentioned case refers to the prosecution of Raúl Mouviel and others for the violation of Police Edicts for public disorders. The defendants were detained for 30 days as determined by the Federal District's Police Chief based on Art. 7 inc. a) of the Argentine Federal Police Statute. The mentioned norm authorized the Police Chief to issue edicts within the competence allocated be the Criminal Procedural Code with the purpose of repressing acts of violence that were not considered by the legislator. See, "Mouviel R. et al." CSJN, FA57000000, 1957.
57See, Frente Universitario Peronista, caso Mouviel, Resúmenes de Fallos, federación universitaria 8 Blog (May 13, 2016 12:25 PM) http://federacionuniversitaria8.blogspot.com/2008/04/mouviel.html
58Unofficial translation of: "Ningún habitante de la Nación puede ser penado sin juicio previo fundado en ley anterior al hecho del proceso, ni juzgado por comisiones especiales, o sacado de los jueces designados por la ley antes del hecho de la causa." Art. 18, Const. Arg.
59Unofficial translation of: "Las acciones privadas de los hombres que de ningún modo ofendan al orden y a la moral pública, ni perjudiquen a un tercero, están sólo reservadas a Dios, y exentas de la autoridad de los magistrados. Ningún habitante de la Nación será obligado a hacer lo que no manda la ley, ni privado de lo que ella no prohíbe". Art. 19, Const. Arg.
60Unofficial translation of: "Expide las instrucciones y reglamentos que sean necesarios para la ejecución de las leyes de la Nación, cuidando de no alterar su espíritu con excepciones reglamentarias." Art. 99, Const. Arg.
61See, supra note 45.
65Unofficial translation of: "El debido proceso se aplicará a toda clase de actuaciones judiciales y administrativas. Nadie podrá ser juzgado sino conforme a leyes preexistentes al acto que se le imputa, ante juez o tribunal competente y con observancia de la plenitud de las formas propias de cada juicio. En materia penal, la ley permisiva o favorable, aun cuando sea posterior, se aplicará de preferencia a la restrictiva o desfavorable. Toda persona se presume inocente mientras no se la haya declarado judicialmente culpable. Quien sea sindicado tiene derecho a la defensa y a la asistencia de un abogado escogido por él, o de oficio, durante la investigación y el juzgamiento; a un debido proceso público sin dilaciones injustificadas; a presentar pruebas y a controvertir las que se alleguen en su contra; a impugnar la sentencia condenatoria, y a no ser juzgado dos veces por el mismo hecho. Es nula, de pleno derecho, la prueba obtenida con violación del debido proceso." Constitución Política de Colombia [Const]. Art. 29. Julio 7 de 1991 (Colombia).
66See, CLAUDIA PATRICIA ORDUZ BARRETO, El Principio de Legalidad en la Ley Penal Colombiana, 2 Revista Criterio Jurídico Garantista, (January-June 2010).
Unofficial translation of: "Si la norma penal es vaga, incierta, ambigua o equívoca, los funcionarios llamados a aplicarla resultan detentando por ello solo, necesariamente, un poder arbitrario, y las personas sufrirán el consiguiente recorte injusto en la esfera de la libertad individual inviolable, garantizada por la Constitución".
"El principio de estricta y preexistente legalidad corresponde a los siguientes rasgos esenciales de normatividad: 1. Toda norma sustancial de naturaleza punible, tanto delictiva, como contravencional, disciplinaria o correccional, debe ser de carácter y jerarquía constitucional o legal, o autorizada por la ley conforme a la Constitución. 2. Debe ser preexistente a la comisión del hecho prescrito como punible y estar vigente al momento que se haya cometido. 3. Debe ser expresa, clara, cierta, nítida, inequívoca, exhaustiva y de limitativa. 4. No puede por lo tanto adquirirse como válida cuando es implícita, incierta, ambigua, equívoca, extensiva, o analógica, a no ser que respecto de esta última característica, su aplicación sea para favorecer y no para desfavorecer al sindicado o condenado" In: Corte Suprema de Justicia. Sala Plena. (M.P. Fernando Uribe Restrepo; 1o. de septiembre de 1983).
68Unofficial translation of: "Legalidad. Nadie podrá ser juzgado sino conforme a las leyes preexistentes al acto que se le imputa, ante el juez o tribunal competente y con la observancia de la plenitud de las formas propias de cada juicio. La preexistencia de la norma también se aplica para el reenvío en materia de tipos penales en blanco". Ley 599, 2000. Por la cual se expide el Código Penal. Julio 24 de 2000. DO. No 44.097
69See, Corte Constitucional de Colombia. Sentencia C-559 de 1999 4 (M.P. Dr. A. Martínez Caballero; 4 de agosto de 1999).
71Unofficial translation of: "esas descripciones penales son constitucionalmente válidas, siempre y cuando el correspondiente reenvío normativo permita al intérprete determinar inequívocamente el alcance de la conducta penalizada y de la sanción correspondiente." In supra no. 59.
72See, Corte Constitucional de Colombia, Sentencia C-004 de 2003 34 (M.P. Dr. Eduardo Montealegre Lynett; 20 de enero de 2003).
75Unofficial translation of: "Nadie puede ser inquietado ni perseguido por la manifestación de sus opiniones ni por acto alguno que no infrinja la ley." C. Rica Const. Art. 28 (1949)
76Unofficial translation of: "Delitos de carácter internacional: ARTÍCULO 374. Se impondrá prisión de diez a quince años a quienes dirigieren o formaren parte de organizaciones de carácter internacional dedicadas a traficar con esclavos, mujeres o niños, drogas estupefacientes o realicen actos de terrorismo o infrinjan disposiciones previstas en los tratados suscritos por Costa Rica para proteger los derechos humanos". COD. PEN. Art. 374 (C. Rica 1970)
77See, X FERNÁNDEZ PONS, "El principio de legalidad penal y la incriminación internacional del individuo" 5 REEI, 8 (2002).
78Unofficial translation of: "Ahora bien, en el caso particular, lo que el recurrente señala es que el tipo penal que se le aplicó, contenido en el artículo 213 del Código Penal está incompleto y para ser entendible y aplicable debe completarse con el artículo 209 del mismo cuerpo normativo. Ya este órgano se ha pronunciado a favor de la constitucionalidad de este tipo de técnica legislativa específica consistente en emplear normas de rango legal para que se complementen entre ellas con miras a configurar y completar todos los elementos mínimos necesarios del tipo penal. In: Corte Constitucional de Costa Rica, Sentencia 6785 de 2005.
80Unofficial translation of: "Toda persona tiene derecho de hacer lo que la ley no prohíbe; no está obligada a acatar órdenes que no estén basadas en ley y emitidas conforme a ella. Tampoco podrá ser perseguida ni molestada por sus opiniones o por actos que no impliquen infracción a la misma" GUAT. CONST. Art. 5 (1985)
81Unofficial translation of: "No son punibles las acciones u omisiones que no estén calificadas como delito o falta y penadas por ley anterior a su perpetración." GUAT. CONST. Art. 17 (1985). See also Corte de Constitucionalidad de Guatemala, Expediente 1122 de 2005 (1 de febrero de 2006). The mentioned sentence also argues "Article 17 of the Guatemalan Constitution states that actions or omissions that are not qualified as crimes or faults and that [are] punishable by a law [that is] prior to their perpetration[,] are not punishable. This principle, which is also a guarantee for a prosecution under the legal principle of due process, is one of the central elements of the criminal prosecution in a democratic society, and imposes an obligation to the common legislator to define, as clear as possible (lex certa)[,] which of those conducts that may be punishable through the determination of the criminal offences that include a clear definition of the criminalized conduct, narrow its elements to allow a clear distinction between conducts of a criminal nature and those which are not.") (Unofficial translation of: "El artículo 17 de la Constitución Política de la República de Guatemala expresa que no son punibles las acciones u omisiones que no estén calificadas como delito o falta y penadas por ley anterior a su perpetración. Este principio, que a su vez constituye una garantía para un juzgamiento conforme al principio jurídico del debido proceso, constituye uno de los elementos centrales de la persecución penal en una sociedad democrática, e impone la obligación al legislador ordinario de definir en la forma más clara y precisa posible (lex certa) cuáles son esas "acciones u omisiones" que son consideradas punibles mediante la determinación de tipos penales que contemplen una clara definición de la conducta incriminada, concretizar sus elementos y permitir así deslindar conductas punibles de aquellas que no lo son."). The principle is also mentioned in Article 1 of Guatemala Penal Code: "No one shall be punished for acts that are not expressly qualified as crimes or offenses by law prior to their perpetration; no penalties different to those previously established by law will be imposed." Unofficial translation of: "Nadie podrá ser penado por hechos que no estén expresamente calificados, como delitos o faltas, por ley anterior a su perpetración; ni se impondrán otras penas que no sean las previamente establecidas en la ley." Likewise, Article 1 of the Guatemalan Penal Procedure Code states: "No punishment shall be imposed if the law has not [been] defined it in advance." Unofficial translation of: "No se impondrá pena alguna si la ley no la hubiere fijado con anterioridad." Finally, Article 2 of the Penal Procedure Code states: "No trial, complaint or grievance process may be initiated but by conducts qualified as crimes or offenses by a previous law. Without this prerequisite, proceedings shall be deemed null and may induce the Court's accountability." Unofficial translation of: "No podrá iniciarse proceso ni tramitarse denuncia o querella, sino por actos u omisiones calificados como delitos o faltas por una ley anterior. Sin ese presupuesto, es nulo lo actuado e induce responsabilidad del tribunal."
82See, Corte de Constitucionalidad de Guatemala, Inconstitucionalidad General Parcial por omisión, Expediente 1822-2011, 20 (17 de julio de 2012). In this mentioned sentence the Constitutional Court of Guatemala addressed the issue of the definition of Torture found in Article 201 bis of the Penal Code. According to the sentence, the former definition of Torture was inconsistent by omission with international standards since the mentioned definition failed to include the objective element of the acts committed "based on discrimination of any kind", as stated on article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which the Guatemalan congress ratified through decree 58-95 on 10 August 1995. And the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish, as described on the Inter-American Convention to Prevent and Punish Torture, to which Guatemala is a State Party since December 12 1986. Unofficial translation of: Adviértase que, en cuanto a la razón de la inconstitucionalidad examinada, se hace referencia a un precepto del Código Penal, que no puede ser suplido por vía de interpretación ni por analogía, puesto que el principio de legalidad penal exige que el tipo a sancionar sea debidamente establecido en el derecho positivo.
83See, Ana Cristina Rodríguez Pineda, Guide to Legal Research in Guatemala, Section. 4.2.2, (Jul. 23, 2016, 11:15 AM), http://www.nyulawglobal.org/globalex/Guatemala1.html#_4.2_Treaties
86Unofficial translation of: "La desprotección de tales actos en el tipo penal de la tortura no puede suplirse acudiendo a las normas internacionales, pues aunque son normas de ius cogens que son de aplicación universal, con base en el principio de legalidad, tal como se refirió en párrafos precedentes, para que un tipo penal pueda ser aplicado a la comisión de hechos delictivos, debe ser plenamente descrito en una norma, pues de lo contrario, violaría la libertad de acción de la que gozan los ciudadanos del país, tomando en cuenta la prohibición de analogía y de interpretación extensiva que opera en materia penal." in supra note 72.
87Unofficial translation of: "razón por la que la conducta prohibida debe ser concreta, porque si no se consignan íntegramente los elementos específicos del supuesto de hecho, no se cumplirían con los parámetros constitucionales para la creación de los delitos." Id.
88Unofficial translation of: "Quien violare o infringiere deberes humanitarios, leyes o convenios con respecto a prisioneros o rehenes de guerra, heridos durante acciones bélicas, o que cometiere cualquier acto inhumano contra población civil, o contra hospitales o lugares destinados a heridos, será sancionado con prisión de veinte a treinta años." CÓD. PEN. Art. 378 (Guat. 1973).
89See supra Note. 70.
90See, supra Note. 2.
91Juzgado Primero de Primera Instancia Penal, Resolución de Fase Intermedia, supra, 28.
92See Impunity Watch, Monitoreo de la Justicia Transicional en Guatemala, Tomo II: Derecho a la justicia para las víctimas del Conflicto Armado Interno 16, (Jul. 23, 2016, 11:43 AM), http://www.impunitywatch.org/docs/Research_report_informe_monitoreo_IW_JUSTICIA_Dec_2014.pdf (internal citations omitted).
93Juzgado Primero de Primera Instancia Penal, Resolución de Fase Intermedia, supra n. 28.
94Id. Notably, this position is consistent with that of other experts. See, e.g. Impunity Watch, supra n. 92 ("En efecto, los crímenes de guerra, los crímenes de lesa humanidad, y el genocidio, que están categorizados como delitos internacionales, se encuentran previstos en el CP guatemalteco (lex scripta). Por razones técnicas se afirma que los crímenes de guerra y de lesa humanidad están amparados en el artículo 378, puesto que los elementos y sub-conductas tipo de tales delitos permiten su integración en una sola disposición legal, ya que para identificarlos necesariamente hay que recurrir a los tratados internacionales pertinentes ratificados por Guatemala. Además, tanto los delitos contra los deberes de humanidad como el genocidio forman parte del Capítulo IV (De los delitos de trascendencia internacional) que incluye los tipos penales que ofenden al mundo entero y responde a obligaciones internacionales adquiridas por el Estado.").
95See, supra note 34 Luis Miguel Reyna Alfaro, Derecho penal y la ley en blanco. Algunos apuntes sobre la problemática de la técnica del reenvío en las legislaciones penales europeas a propósito de la normativa comunitaria.
96American Convention on Human Rights, art. 2, Nov. 22, 1969, O.A.S.T.S. No. 36, 1144 U.N.T.S. 123 Such obligation is also stated by the Convention on the Prevention and Punishment of the Crime of Genocide. Which states in Article 5: "The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts mentioned in Article 3."
97Exchange of Greek and Turkish Populations (Greece v Turkey), Advisory Opinion, PCIJ Series B no 10, at 20 ICGJ 277 (1925).
Received: December 04, 2016; Accepted: March 10, 2017
This is an open-access article distributed under the terms of the Creative Commons Attribution License
Circuito Maestro Mario de la Cueva s/n, Ciudad de la Investigación en Humanidades, México, Distrito Federal , MX, 04510, (52-55) 5622-7464, (52-55) 622-7478
mlr@unam.mx


The fifth unit of Ashuganj power plant, which remained out of order for the last one and a half years, resumed production on Friday.
Sources said the unit has started generating power after completion of the overhauling that began in December 25, 2005. The unit has already been supplying 50MW power to the national grid, which will gradually be increased to 150MW following the overhauling, they added.


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Devonport fireworks back for New Year's Eve
Devonport City Council's New Year's Eve activities will now include a fireworks display, at the mouth of the Mersey River.
Devonport Mayor Annette Rockliff said COVID safety concerns have been addressed by not containing spectators to a specific area and sponsorship of the fireworks has been secured, thanks to the generous support of SeaRoad.
Cr Rockliff said the addition of a family friendly firework display will ensure Council's twilight, Around the World event goes off with a bang.
She said the 9.30pm fireworks display would be a great finale to the Council activities, which will be held at Providore Place and Market Square from 3pm-8pm, and includes street stalls, live entertainment and kids' activities.
"With last year's New Year's Eve celebrations being cancelled like most events, it's really exciting to see this community-focussed event is back," Cr Rockliff said.
"Thanks to SeaRoad for sponsoring the fireworks display, it will be such a welcomed return to the evening's celebrations.
"Whether you're looking for something to do before heading onto late night celebrations or spending New Year's Eve with your children, this event is a great way to bring in 2022.
"The Around the World theme is designed to enable patrons to travel the world without leaving Devonport and celebrate our multicultural community."
SeaRoad Executive Chairman Chas Kelly said he was happy to support the fireworks display and hoped they would be a big highlight, especially for the children.
"It's not every day that our kids get to see fireworks in their own backyard, so it's an absolute pleasure for us to support a tradition that will bring plenty of smiles to their faces." Mr Kelly said.
"Given most New Year's Eve events were cancelled last year, it's pleasing SeaRoad can play a role in helping our community celebrate the year that was and also welcome in the new year."
Cr Rockliff said Council sought community input through an online survey on what types of festivities patrons would like to experience for New Year's Eve and received 230 responses.
She said Council received 138 of these responses from the target age group (under 18 and 18–24-year-olds), which indicated they wanted live music and good food, while the older age categories wanted fireworks for their children
New Year's Eve Devonport – Around the World will be held on Friday, 31 December 2021 from 3pm-8pm at Providore Place and Market Square.
The fireworks display will be launched at 9.30pm from Aikenhead Point and will be seen across the City.
There will be no specific viewing location, but rather spectators will be encouraged to find a viewing point that best suits them, whether that be along Victoria Parade, Wheeler Street, East Devonport, at the Bluff or even for many, their homes.
Media contact: Tahnia Creedon | Communication and Engagement Officer
Devonport City Council | 03 6424 0562| [email protected]

redpajama_set_name: RedPajamaCommonCrawl


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The 25th Anniversary of the Rodney King Beating
Five Tips for Incorporating Multicultural Worship
Lenten Disciplines for Racial Justice
Juan Crutchfield
As personal cameras have become more prolific, catching police brutality on video has tragically become almost commonplace. But the legacy of these videos can be traced back to a time when such raw evidence was more rare. On the 25th anniversary of the beating of Rodney King, Juan Crutchfield, a high school student and musician in Columbus, OH, offers these thoughts:
Police brutality is a on ongoing issue in America for the black community. There has been request for change, but has it occurred?
The Rodney King incident between King and the L.A.P.D occurred on March 3, 1991. King was pulled over due to exceeding the speed limit. King was discovered to be under the influence of alcohol. A video of the confrontation between the police and King soon began to spread throughout the country. The case of Rodney King versus the state of California raised awareness about police brutality in all communities in the United States and opened a dialogue about ways to prevent similar events from occurring. But there has not been much success in stopping police brutality within the black community.
Rodney King versus the State of California was a landmark case that displayed police brutality to the world. "About 12:30 A.M., King's Hyundai is spotted speeding on the 210 freeway by two California Highway Patrol officers, Tim and Melanie Singer". The officers began to chase King at a speed of 110 miles per hour, when the chase ends three additional officers intervene (Laurence Powell, Theodore Briseno, and Timothy Wind). A nearby citizen by the name of George Holiday records the police as they strike unarmed, Rodney King over 50 times.
Police brutality was a factor within the black community long before the Rodney King incident, but his case made it a country-wide issue to be addressed. Due to stereotypes and social bias many officers are intimidated by the company of black males. Black males in particular, are caricatured as aggressive and criminal, and police are more likely to view Black men as a threat which justifies the disproportionate use of deadly force.
Police are trained to see potential threats within communities and stop them before they become an issue. The problem is not that all police are racist or prejudice, the problem is the training they receive to characterize a threat and make an inference based on a stereotype. Since the King case, police brutality became an issue to be recognized. There have been many cases that have followed similar characteristics between police and the black community. There is the Trayvon Martin, Mike Brown, Eric Garner, Henry Louis Gates, and many more.
Robert Staples says that "racial profiling should be viewed as the systemic, historic, and lived experiences of blacks being controlled and punished by the police and a criminal justice system that exercises incredible latitude and bias." The reason that police brutality is such a controversial issue is not because of the racism within the police force, but because of the racism in the court system. The courts are finding ways to justify the use of excessive force, that sometimes results in death. Black men and women are not gaining access to societal rewards like justice for their loved ones or themselves.
Since Rodney King's case the trend in police brutality is only getting worst. Police are not only beating or stopping unarmed black men but they are killing them and finding a way to justify it in the courts. Recently, 38% of Whites and 89% of Blacks viewed the criminal justice system as biased against Blacks. Additionally, 8% of Blacks and 56% of Whites saw the criminal justice system as treating Blacks fairly (Chaney and Robertson).
Rate of law enforcement killings, per million population per year, 1999-2011.
Such a high percentage of blacks that view the justice system as biased against blacks symbolizes the high disdain of police officers for the black community, only 8% of black men and women think that blacks are being treated fairly by the justice system. The majority of whites see black people as being treating fairly simply because they have not experienced or witnessed police brutality toward black men and women in their communities.
Police brutality has brought people together in order to demand change. Since the Rodney King case many movements have rose to end injustice of black men and women. The NPMSRP stands for National Police Misconduct Statistics and Reporting Project. The project is used to simply show all communities the statistics behind police brutality and changes that need to occur to stop police brutality. A project like this tackles the legal and political aspect of police brutality.
The government needs to revise the power of the police and create a equal justice system.The justice system has been finding ways to justify police brutality for years. Justice equality is demanded for the black community and it has taken over two decade for them to be heard effectively.
Worship music is often one of the great highlights of any Christian gathering. It can be a formative experience as participants process and respond to what they have been learning. Music is also a powerful tool, bonding attendees together through meaningful shared experience.
It is important that corporate worship be mindful and affirming of the multifaceted Body of Christ. Multicultural worship music serves to affirm and welcome participants that may have a wide array of backgrounds. By incorporating multiple worship styles, musical genres, or languages into your worship music, we broaden the scope of our worship, and tune our hearts to the greater impact of God's work.
Here are five tips to begin incorporating multicultural worship at your next gathering:
1. Build relationships early
Lay the foundation of strong relationships from the very early stages of your planning process. Early on, identify what cultures you would like to see represented and build a rapport of honesty and trust with worship leaders from those cultures. Seek their guidance and insights throughout the planning process.
2. Guide participants through the encounter
From the very start of your event, explain to your participants what you are doing and why. Read scripture that casts the vision for the multicultural church. Talk about Jesus's multicultural ministry. Acknowledge any discomfort that participants may be feeling, and encourage them to be open to what God might be trying to reveal to them through the experience.
3. Start Slow and Small
Introduce a multicultural song that is slow enough for participants to learn relatively easily. Songs with significant repetition can also help ease into new styles or languages. Or try substituting a single word from other languages into a familiar song (eg. "Santo, santo, santo, Lord God almighty…"). Be sure to close with a known song to refresh attendees after having challenged themselves.
4. Repeat after me
'Call and response' songs are popular in a wide range of cultures, making them great tools for incorporating multicultural repertoire into worship. They allow participants to hear, see, and repeat back words in a guided manner, in short phrases at a time. Find some 'call and response' songs from the cultures you would like to highlight, using the technique to introduce both new styles and new languages.
5. Visualize it
It is important that the message of multicultural worship also be conveyed visually to participants. Consider incorporating liturgical dance, mime, ASL, or live painting into your worship. Be mindful of the images that appear on projected slides, in bulletins, or on your event's materials. Display multicultural artworks around the venue. Perhaps most importantly, ensure that music leaders, hosts, workshop leaders, and keynote speaker also reflect the multicultural values that are being conveyed through your worship.
This article adapted from one that was first published in Rejuvenate magazine's October/November 2015 issue. You can find the original article here.
Stay tuned for an upcoming review of Sandra Van Opstal's new book, The Next Worship: Glorifying God in a Diverse World.
On Fridays, BTSF offers links to other discussions about race & Christianity. It's an opportunity for you to read other perspectives, and for me to give props to the many voices leading the way...
Let Us Listen #Protestimony
The Legacy of Women in the Black Church
Lift Every Voice: A Lenten Journey Toward Racial Justice
All Lives DON'T Matter…and that's the whole problem
Why do my co-workers keep confusing me with other people? Because I'm Asian.
Having an affair with white supremacy?
Decision '16
Misty Copeland Recreates Iconic Edgar Degas Artwork For Harper's Bazaar
Also: Now Open!
*Special Preview Registration*
The All People Conference
An intimate network of leaders and practitioners actively
engaged in multicultural ministry, coming together to
exchange ideas and build the inclusive body of Christ!
James Madison, the primary drafter of the US Constitution, declared that "religious bondage shackles and debilitates the mind and unfits it for every noble enterprise." Likewise, Thomas Paine, hero of the American Revolution stated "All national institutions of churches... appear to me no other than human inventions, set up to terrify and enslave mankin."
Many of us already know that our nation's creation stories are myths. But we perpetuate and cling to them anyway for the validation of our own narrative. A desire to return to 'how things used to be' reveals a nostalgia for a country that was inherently injustice and unequal, not at all reflecting Christian values.
Lent is time when we refocus our minds, hearts, and souls on Christ and his loving sacrifice for us. These 40 days are meant as a time of centering and reflection as we approach the Easter season. It is an opportunity to reconcile our inward beliefs with our outward practices.
This season, what if our Lenten disciplines help us lean into God's heart for justice? What if, instead of chocolate, we gave up some of our privilege? What would it look like to make radical sacrifice for the sake of reconciled body of Christ?
In addition to several good devotional resources available online, here are some practices to help you begin your Lenten journey for justice:
Fast from dominant culture news media, instead seeking out news converge from the perspective of marginalized groups.
Fast from sporting events and broadcasts that feature racist or appropriative mascots.
Fast from fashion and culture magazines that promote narrow beauty standards.
Fast from books by white authors, substituting for a broader library of choices.
Fast from TV shows and movies that do not have robust representation of people of color on screen and behind the scenes.
Fast from national chains and corporations, instead patronizing small local business, especially those owned by people of color.
Fast from fuel. Ride public transit, taking the opportunity to get to know those that ride throughout the year.
Fast from products made by companies with unjust manufacturing or hiring practices.
Fast from being comfortable. Spend these weeks as a guest at another church. Join groups actively discussing tough issues of racial injustice. Listen. Just listen.
Fast from material possession. What items have you accumulated that would better serve others in your community?
Fast from fear. Re-examine who we are told to be afraid of and why. Consider how you might make your church a more welcoming space for folks often greeted with fear.
Fast from your desire to be a leader, instead allowing yourself to be led and creating new leadership spaces for people of color.
Fast from an attitude of saviourism. Partner with those around you who are already doing good work.
Seek out local prison ministries and volunteer to serve in whatever way they deem most helpful
Get involved with the DREAM Act movement and other immigration reform initiatives.
Give time and money to university departments and organizations that support students, histories, cultures of otherwise underrepresented groups.
Find out if your state has passed, or is considering a Kill-at-Will bill (aka Stand Your Ground), and get involved with the work already happening to combat such legislation.
Mentor local youth through Boys & Girls clubs, or similar organizations.
Call your state and local representatives and ask for changes in mandatory sentencing laws (look reps up here).
Find out when local spring elections are taking place and volunteer to drive voters to the polls.
Take time to scan names and faces of missing children who often get ignored by the media, and check back for updates to the lists.
Commit to praying daily for issues of racial injustice.
Pray that God's hand would move in a mighty way against injustice in incarceration, stop-and-frisk policies, abusive deportation, Native rights, healthcare access, and discriminatory hiring practices.
Pray that the Lord's comfort will rest upon students and parents caught up in the school-to-prison pipeline, those behind bars, those struggling to find food or housing, those who travel unceasingly to to find work.
Personal change begins on the inside, but then bears fruit in what the world experiences from us on the outside. Many of the steps above will take you well beyond the Lenten season, requiring longer term commitments and sacrifice. But isn't that what Lent is really about? Through power of Christ's death and resurrection, we become transformed disciples, setting aside our own worldly desires to act as the hands and feet of God on earth.
O God, we pray for those in our world who are suffering from injustice:
For those who are discriminated against because of their race, color, or religion;
For those imprisoned for working for the relief of oppression;
For those who are hounded for speaking the inconvenient truth;
For those tempted to violence as a cry to overwhelming hardship;
For those deprived of reasonable health and education;
For those suffering from hunger and famine;
For those too weak to help themselves and who have no one else to help them;
For the unemployed who cry out for work but do not find it;
We pray for anyone of our acquaintance who is personally affected by injustice.
Forgive us Lord, if we unwittingly share in conditions or in a system that perpetuates injustice.
Show us how we can serve your children and make your love practical by washing their feet.
-Mother Teresa
Wendell Scott's son and grandson,
Frank Scott and Warrick Scott
Black History Month: A Call for Protest and Testimony
Sterilization Abuse Documentary 'No Más Bebés' Premieres on PBS
U.N. Working Group Says U.S. Should Pay Black Americans Reparations
Driven: Wendell Scott
3 New Ways to Celebrate Black History Month
14 Disturbing Stats About Racial Inequality in American Public Schools


text:
Home News Team USA's Run At Me...
Team USA's Run At Men's Hockey Worlds Ends In Hard-Fought Loss To Russia
By Karen Price | May 23, 2019, 1:51 p.m. (ET)
James van Riemsdyk reacts during the quarterfinal at the 2019 IIHF Ice Hockey World Championship on May 23, 2019 in Bratislava, Slovakia.
The U.S. men's ice hockey team's quest for a second consecutive medal at the IIHF Ice Hockey World Championship ended at the hands of undefeated Russia, 4-3, in the quarterfinals in Bratislava, Slovakia on Thursday.
The Americans didn't go down without a fight and a late push for the equalizer, however. Trailing by a pair of goals, the U.S. pulled goaltender Cory Schneider, of the NHL's New Jersey Devils, for the extra attacker. It paid off when Patrick Kane's crossing pass through traffic to Chicago Blackhawks teammate Alex DeBrincat ended in a goal with just under three minutes to play.
Unable to get the fourth goal to extend the game and possibly the tournament, the U.S. was eliminated while Russia will move on and play the lowest remaining seed.
The U.S. team, which is made up largely of NHL players whose teams aren't part of the Stanley Cup Finals, won the bronze medal last year but the quarterfinal contest didn't start as planned.
A mistake in their own end just over a minute into the first period turned into the puck ending up in their net after Nikita Gusev picked up a rebound bouncing around in the crease.
Mikhail Sergachyov made it 2-0 on the power play with Johnny Gaudreau in the box for hooking.
Download the Team USA app today to keep up with ice hockey and all your favorite sports, plus access to videos, Olympic and Paralympic team bios, and more.
The U.S. picked it up in the second period, however, and defenseman Brady Skjei scored to make it a one-goal game. Kane, who became the United States' all-time leading scorer at the world championships during the preliminary round, tallied an assist on the goal.
Early in the third Kirill Kaprizov scored to make it 3-1, and although U.S. defenseman Noah Hanifan's wrister from the top of the circles once again cut Russia's lead to one, Mikhail Gregorinko answered right back and made it 4-2. That goal proved to be the game winner.
Fans will not get a chance to see the men's national team again until next spring at the 2020 men's world championship in Switzerland.
Karen Price is a reporter from Pittsburgh who has covered Olympic sports for various publications. She is a freelance contributor to TeamUSA.org on behalf of Red Line Editorial, Inc.
16 Of The Best Action Shots So Far From Men's Ice Hockey World Championships
With A 5-2 Record, U.S. Men's Hockey Team Is On To The Quarterfinals At World Championship
Even After Injury, Long NHL Season, Ryan Suter Was Ready To Step Up For Team USA At The World Championship
With A Goal And Two Assists, Patrick Kane Becomes U.S. All-Time Leading Scorer At World Championships
In Emotional Return, Joe Pavelski Scores, Assists As San Jose Moves One Step Closer To Stanley Cup
Related Athletes
James van Riemsdyk


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Winner in Massachusetts primary may not get the most convention delegates
By George B. Merry Staff writer of The Christian Science Monitor
The most votes won't necessarily mean the most delegates for the winner of the Massachusetts Democratic presidential primary on Tuesday. Nearly half of the 116 seats for the commonwealth's delegates to the party's nominating convention in July will be filled by state Democratic leaders - not by the voters. And most of this second segment of the Massachusetts delegate-selection process won't come for another three months.
The arrangement for picking national convention delegates varies from state to state. But, like Massachusetts, several states have provisions for broadening the delegate base, a result of Democratic Party rules reforms after the 1980 presidential campaign.
The Super Tuesday balloting will divide 68 delegate seats among the five White House hopefuls. But the election results may have some impact on the leanings of the 48 other delegates.
To continue the momentum Gary Hart gained by victories in New Hampshire, Maine, and Vermont, he may need a decisive win in the Bay State.
Walter F. Mondale, unless he were to lose here by a wide margin, appears to have less riding on the primary in terms of his ultimate strength within the Massachusetts delegation.
Mr. Mondale already has six Massachusetts delegates committed to his nomination. They are six of the state's congressmen - including US Speaker Thomas P. O'Neill Jr. - who were chosen by their Democratic colleagues in the House.
While all are free to shift their support, there is nothing to suggest they will do so unless Mondale drops out or loses any chance of becoming the party's standard-bearer.
US Rep. Barney Frank (D) of Massachusetts, one of these Mondale delegates, has reaffirmed his loyalty and says he expects the former vice-president will win the nomination.
Besides the six congressmen and the 68 delegates to be chosen on basis of primary results, 19 elected Democratic Party officials will be selected at a June 9 state party convention in Worcester, and 23 will be picked the next day by the Democratic State Committee.
The 23, comprising party activists, are to be selected to ensure that the Massachusetts delegation is in compliance with new Democratic National Committee rules. All state delegations must have an equal number of men and women, and the Bay State must have at least eight representatives of ethnic minorities - four blacks, two Hispanics, one Asian-American, and one native American.
Mondale has picked up the endorsements of many prominent Massachusetts Democrats - support that may help him land the lion's share of the delegates to be chosen at the state convention and the state committee. In particular, Gov. Michael S. Dukakis has been actively campaigning for the Mondale candidacy.
Senator Hart, on the other hand, has no Bay State Democratic heavyweights to give his candidacy a push. US Sen. Edward M. Kennedy continues to remain neutral and is not likely to choose sides before the national convention.
The 68 delegates at stake on Tuesday will be apportioned to the candidates, according to their proportional strength within each congressional district. Nine of the 11 districts have six delegates; two have seven delegates. Super Tuesday states convention delegate votes.
PLEDGED UNPLEDGED TOTAL Alabama 52 10 62 Florida 123 20 143 Georgia 70 14 84 Hawaii 19 8 27 Massachusetts 100 16 116 Nevada 15 5 20 Oklahoma 43 10 53 Rhode Island 22 5 27 Washington 61 9 70 TOTALS 505 97 602
Decoder Pledged, super, unbound: Delegates 101
Decoder Florida primary: Why it's one of the last few winner-take-all states
Decoder Why Bernie Sanders needs more blow-out wins, like Michigan. Fast.


What's the deal with the Lakers? Is it with the Clippers?
The Lakers have the 60 th and final pick in tonight's NBA draft, which could make for a pretty dull evening if all they do is make their selection and go home.
On the other hand, there was plenty of chatter suggesting they might make a blockbuster deal.
Jim Buss, Lakers executive and son of team owner Jerry Buss, said last week it was unlikely the team would make a major move this summer and he expected Kobe Bryant, Andrew Bynum and Pau Gasol to play together next season.
However, there were plenty of reasons to suspect Lakers general manager Mitch Kupchak was looking to trade Gasol for a veteran impact player plus a first-round draft pick or deal Metta World Peace for a player and a pick.
One reported scenario involved dealing the 7-foot Gasol to the Atlanta Hawks for Josh Smith, a 6-9 power forward, and a first-round pick. Another potential trade of Gasol to the Houston Rockets for an unnamed player and a pick was later discounted.
Another more likely possible deal centers on the Lakers' hunt for a point guard in case they can't re-sign Ramon Sessions, who opted out of his $4.55-million contract for next season to become an unrestricted free agent at 9:01 p.m. Saturday.
The Lakers reportedly were interested in acquiring Mo Williams from the Clippers in a three-team deal. The Lakers would send the Clippers the $8.5-million trade exception that got from the Dallas Mavericks for versatile forward Lamar Odom.
The Clippers, who hold the 53rd pick in the draft, would then get Odom from the Mavericks, who lost patience with him after he failed to jell with his teammates after the Lakers traded him to Dallas for the trade exception and a draft pick last December.
Williams reportedly wants to be a starter again after playing behind Chris Paul last season with the Clippers. In addition to Paul, the Clippers' point guard logjam also includes promising youngster Eric Bledsoe and veteran Chauncey Billups.
Williams has an $8.5-million option on his contract for next season.
The Clippers don't hold a first-round pick this year, having traded it away to Oklahoma City for the rights to Eric Bledsoe two years ago. They did hold Minnesota's unprotected first-round pick, which they used in the December trade to New Orleans that landed them Chris Paul.
The Clippers appear to be concentrating more on their own free agents and their general manager search.
The team still has to make decisions on swingman Nick Young (Cleveland High and USC) and guard Chauncey Billups. Paul has expressed an interest in bringing back the veteran Billups, who saw his season end Feb. 7 with a ruptured Achilles.
Clippers front-court players Kenyon Martin, Reggie Evans and guard Randy Foye are also unrestricted free agents.