A Theory Of Punishable Participation In Universal Crimes

Author : Terje Einarsen,Joseph Rikhof
Publisher : Torkel Opsahl Academic EPublisher
Page : 744 pages
File Size : 48,6 Mb
Release : 2018-12-07
Category : Law
ISBN : 9788283481280

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A Theory of Punishable Participation in Universal Crimes by Terje Einarsen,Joseph Rikhof Pdf

This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic Epublisher
Page : 0 pages
File Size : 54,8 Mb
Release : 2023-05-03
Category : Education
ISBN : 8283482025

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The Concept of Universal Crimes in International Law (Persian ed.) by Terje Einarsen Pdf

This ground-breaking study by Professor Einarsen seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? The book is the first in a series entitled 'Rethinking the Essentials of International Criminal Law and Transitional Justice' (which also saw 'A Theory of Punishable Participation in Universal Crimes' published in 2018). The book is addressed to all with an interest in international criminal law and related disciplines like human rights, humanitarian law, and transitional justice. It makes an important contribution to a more coherent and practical understanding of international criminal law. The 2023 Persian edition is translated by Dr. Fereydoon Jafari.

Author : Joseph Rikhof
Publisher : Unknown
Page : 0 pages
File Size : 42,8 Mb
Release : 2023-09-25
Category : Asylum, Right of
ISBN : 1552216799

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Exclusion and Refoulement by Joseph Rikhof Pdf

After the Second World War, human rights law became entrenched in legal discourse as demonstrated by a proliferation of human rights treaties. While the right of asylum was recognized as a fundamental right in the Universal Declaration of Human Rights, it has never been an absolute right but instead has been restricted in various ways -- most significantly, that asylum should not be conferred on criminals and that refugees with a criminal background could be removed from the country of refuge. Exclusion and Refoulement: Criminality in International and Domestic Refugee Lawexamines the legislative instruments at the international and domestic levels as well as the extensive jurisprudence emanating from these instruments, which has attempted to balance the right of asylum for an individual versus the state of refuge to restrict this right in situations of criminality.

Author : James C. Simeon
Publisher : Routledge
Page : 481 pages
File Size : 51,9 Mb
Release : 2022-02-10
Category : Law
ISBN : 9781000539363

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Serious International Crimes, Human Rights, and Forced Migration by James C. Simeon Pdf

This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.

Author : James C. Simeon
Publisher : BRILL
Page : 442 pages
File Size : 40,7 Mb
Release : 2020-09-25
Category : Law
ISBN : 9789004295995

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Terrorism and Asylum by James C. Simeon Pdf

Terrorism and Asylum, edited by James C. Simeon, thoroughly analyses terrorism’s use in forced displacement, to limit access to asylum, and to exclude persons from refugee protection, while offering practical alternative solutions for advancing human rights and dignity for everyone.

Author : Anonim
Publisher : Oxford University Press
Page : 2033 pages
File Size : 52,9 Mb
Release : 2024-01-04
Category : Law
ISBN : 9780192667205

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The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e by Anonim Pdf

The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.

Author : Walker, Clive,Llobet Anglí, Mariona,Meliá, Manuel C.
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 50,8 Mb
Release : 2022-01-18
Category : Law
ISBN : 9781788976329

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Precursor Crimes of Terrorism by Walker, Clive,Llobet Anglí, Mariona,Meliá, Manuel C. Pdf

This illuminating book offers a timely assessment of the development and proliferation of precursor crimes of terrorism, exploring the functions and implications of these expanding offences in different jurisdictions. In response to new modes and sources of terrorism, attempts to pre-empt potential attacks through precursor offences have emerged. This book examines not only the meanings and effectiveness of this approach, but also the challenges posed to human rights and social and economic development.

Author : Morten Bergsmo,Emiliano J. Buis
Publisher : Torkel Opsahl Academic EPublisher
Page : 340 pages
File Size : 52,7 Mb
Release : 2019-02-21
Category : Law
ISBN : 9788283481204

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Philosophical Foundations of International Criminal Law by Morten Bergsmo,Emiliano J. Buis Pdf

Author : Mark A. Drumbl,Jastine C. Barrett
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 42,8 Mb
Release : 2019
Category : Political Science
ISBN : 9781788114486

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Research Handbook on Child Soldiers by Mark A. Drumbl,Jastine C. Barrett Pdf

Child soldiers remain poorly understood and inadequately protected, despite significant media attention and many policy initiatives. This Research Handbook aims to redress this troubling gap. It offers a reflective, fresh and nuanced review of the complex issue of child soldiering. The Handbook brings together scholars from six continents, diverse experiences, and a broad range of disciplines. Along the way, it unpacks the life-cycle of youth and militarization: from recruitment to demobilization to return to civilian life. The overarching aim of the Handbook is to render the invisible visible – the contributions map the unmapped and chart new directions. Challenging prevailing assumptions and conceptions, the Research Handbook on Child Soldiers focuses on adversity but also capacity: emphasising the resilience, humanity, and potentiality of children affected (rather than ‘afflicted’) by armed conflict.

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic EPublisher
Page : 361 pages
File Size : 40,8 Mb
Release : 2012-08-15
Category : Law
ISBN : 9788293081333

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The Concept of Universal Crimes in International Law by Terje Einarsen Pdf

This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

Author : Wesley G. Jennings,George E. Higgins,Mildred M. Maldonado-Molina,David N. Khey
Publisher : John Wiley & Sons
Page : 1452 pages
File Size : 47,8 Mb
Release : 2016-01-19
Category : Social Science
ISBN : 9781118519714

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The Encyclopedia of Crime and Punishment by Wesley G. Jennings,George E. Higgins,Mildred M. Maldonado-Molina,David N. Khey Pdf

The Encyclopedia of Crime and Punishment provides the most comprehensive reference for a vast number of topics relevant to crime and punishment with a unique focus on the multi/interdisciplinary and international aspects of these topics and historical perspectives on crime and punishment around the world. Named as one of Choice's Outstanding Academic Titles of 2016 Comprising nearly 300 entries, this invaluable reference resource serves as the most up-to-date and wide-ranging resource on crime and punishment Offers a global perspective from an international team of leading scholars, including coverage of the strong and rapidly growing body of work on criminology in Europe, Asia, and other areas Acknowledges the overlap of criminology and criminal justice with a number of disciplines such as sociology, psychology, epidemiology, history, economics, and public health, and law Entry topics are organized around 12 core substantive areas: international aspects, multi/interdisciplinary aspects, crime types, corrections, policing, law and justice, research methods, criminological theory, correlates of crime, organizations and institutions (U.S.), victimology, and special populations Organized, authored and Edited by leading scholars, all of whom come to the project with exemplary track records and international standing 3 Volumes www.crimeandpunishmentencyclopedia.com

Author : Milena Tripkovic
Publisher : Studies in Penal Theory and Ph
Page : 193 pages
File Size : 49,7 Mb
Release : 2018-12-24
Category : Social Science
ISBN : 9780190848620

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Punishment and Citizenship by Milena Tripkovic Pdf

Criminal disenfranchisement-the practice of restricting electoral rights following criminal conviction-is the only surviving electoral restriction of adult, mentally competent citizens in contemporary democracies. Despite the strong devotion to the principle of universal suffrage, criminal offenders are still routinely deprived of active and passive franchise, while the justifications for such limitations remain elusive and incoherent. In Punishment and Citizenship, Milena Tripkovic develops an empirical and normative account of criminal disenfranchisement. Starting from historical precedents of such restrictions and examining the current policies of a number of European countries, Tripkovic argues that while criminal disenfranchisement is considered a form of punishment, it should instead be viewed as a citizenship sanction imposed when a citizen fails to perform their role as a member of a political community. In order to determine the justifications of disenfranchisement, Tripkovic explores various citizenship ideals and examines whether criminal offenders comply with the expectations that are posed before them. After developing a theoretical framework of citizenship duties, Tripkovic concludes that very few criminal offenders fail to satisfy fundamental citizenship conditions and exhaustive voting restrictions cannot ultimately be justified. A comprehensive assessment of criminal disenfranchisement, Punishment and Citizenship offers concrete policy suggestions to determine the limited circumstances under which electoral rights could justifiably be withheld from criminal offenders.

Author : Alessandra Cuppini
Publisher : Taylor & Francis
Page : 195 pages
File Size : 51,9 Mb
Release : 2022-09-30
Category : Law
ISBN : 9781000686692

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The Participation of Victims in International Criminal Proceedings by Alessandra Cuppini Pdf

This book argues that the expressivist justice model provides a meaningful foundation for the participation of victims in international criminal proceedings. Traditional criminal justice theories have tended to marginalise the role afforded to victims while informing the criminal procedures utilised by international criminal courts. As a result, giving content to, shaping, and enhancing victims’ participatory rights have been some of the most debated issues in international criminal justice. This book contributes to this debate by advancing expressivism, which has the capacity to create a historical narrative of gross human rights violations, as a core of international criminal justice able to provide a worthwhile basis for the participation of victims in proceedings and clarifying the scope and content of their participatory rights. The work provides an in-depth discussion on issues related to victims’ participatory rights from the perspective of international human rights law, victimology, and the philosophical foundation of international criminal justice. The book will be a valuable resource for researchers, academics, and policymakers working in the areas of international criminal justice, international human rights law, transitional justice, and conflict studies.

Author : John Braithwaite
Publisher : Cambridge University Press
Page : 242 pages
File Size : 40,6 Mb
Release : 1989-03-23
Category : Biography & Autobiography
ISBN : 0521356687

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Crime, Shame and Reintegration by John Braithwaite Pdf

Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.

Author : Martina Althoff,Bernd Dollinger,Holger Schmidt
Publisher : Springer Nature
Page : 294 pages
File Size : 51,9 Mb
Release : 2020-07-18
Category : Social Science
ISBN : 9783030472368

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Conflicting Narratives of Crime and Punishment by Martina Althoff,Bernd Dollinger,Holger Schmidt Pdf

This book illustrates the importance of conflicting narratives in understanding and dealing with crime, based on a variety of cutting-edge research. Offenders tell stories about crime and punishment, as do policemen, judges and defence lawyers, but so do politicians and the media. Each tells them very differently and only some stories are believed, while others are rejected as implausible leading to conflict. This book explores how these conflicts are carried out and what relationships exist between (often unquestioned) master narratives and (sometimes loud, sometimes silent) counter-narratives? These are questions of central importance for criminology which have thus far received little attention. This edited collection is international and interdisciplinary in scope, providing empirical insights from such diverse contexts as (social) media, newspapers, comics, police interrogations, social and criminal justice settings, and museum exhibitions. By including contributions from a wide spectrum of academic disciplines and using different methodological approaches, it is of particular interest to students and researchers in criminology and sociology, as well as to scholars of socio-legal studies.