Mexican Criminal Code Flashcards

(17 cards)

1
Q

What is the MCC

A

The Mexican criminal code was completed in 1871 and took 10 years to complete, was the first domestic criminal code to criminalize the laws of war - it incorporated laws of war from the international humanitarian law

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2
Q

What was article 1139?

A

“violations of duties of humanity” - criminalized violations of customs and laws of war, laws of nations, and duties of humanity

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3
Q

Who was Benito Juarez?

A

Leader of liberal reform in Mexico (Reforma movement), he commissioned the MCC

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4
Q

Who was Antonio Martínez de Castro?

A

led project of creating MCC which was completed in 1871

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5
Q

Who was Maximilian of Hasburg?

A

emperor, tried for war crimes and executed in 1867

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6
Q

why was Vattel cited in Maximilians trial in 1867?

A

Vattel was cited so that it could be stated that as a violator of the law (war and humanity), Maximilian could be executed - he was tried after French withdrawal in 1867

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7
Q

what was the French intervention?

A

1862-1867 Napoleon III intervened in Mexico with goal of establishing a euro-style monarchy

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8
Q

what happened between 1862-1867

A

French intervention

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9
Q

What happened in 1867?

A

execution of Maximilian

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10
Q

Who was Emer de Vattel?

A

legal thinker, wrote the law of nations, cited in Max’s trial

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11
Q

How did MCC differ from the Lieber code?

A

MCC- criminal law- protects against invaders
lieber code - military orders, used by occupiers -
essentially, two opposite legal prospectives

3 key ways:
-applicability of domestic law
-severity of punishments
-granting of combatant immunity to rebels - punishment of those who resist the army

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12
Q

what was the lieber code?

A

USA Military code

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13
Q

what concept justified including war crimes in international law?

A

criminal law protects most fundamental values -
-humanity
-diplomatic immunity
-anti-slavery
-sovereignty

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14
Q

What did Benito Juarez believe about religion and politics?

A

that religion had no place in politics

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15
Q

What key idea did Benito Juarez push/why did Juarez commission the MCC

A

believed that in order to be taken seriously by “civilized Nations” and gain respect, all must abide by law to gain respect- encouraged this, and commissioned MCC to codify - to be viewed as equal with western powers”

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16
Q

What was Mexicos goal through codification?

A

Assert sovereignty and gain international recognition by aligning with universal legal standards