Criminal Immunity Of State Officials For Core International Crimes Now And In The Future

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Immunity of Heads of State and State Officials for International Crimes

Author : Ramona Pedretti
Publisher : Martinus Nijhoff Publishers
Page : 508 pages
File Size : 51,5 Mb
Release : 2015-01-08
Category : Law
ISBN : 9789004287778

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Immunity of Heads of State and State Officials for International Crimes by Ramona Pedretti Pdf

Ramona Pedretti offers, for the first time, a comprehensive assessment of the rules of customary international law relating to immunity of Heads of State and other State officials in the context of crimes pursuant to international law and their relationship with core principles of international law. The book gives the reader a full picture of this topical issue which is located at the heart of today's development of international law. It contains an in-depth evaluation of a vast amount of relevant material, ranging from domestic laws to judicial decisions of domestic and international courts. The fact that the International Law Commission is deliberating the issue with a view to drafting an international treaty underscores the book's importance and timeliness.

Immunity and International Criminal Law

Author : Yitiha Simbeye
Publisher : Routledge
Page : 129 pages
File Size : 47,7 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351928458

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Immunity and International Criminal Law by Yitiha Simbeye Pdf

Two events occurred in 1998 that had far-reaching consequences for international justice: the adoption of the Statute for the International Criminal Court by the Diplomatic Conference of Plenipotentiaries in Rome (the Rome Statute); and the arrest in London of former President Pinochet for crimes against humanity. These events are, for many, the culmination of attempts to seek legal redress against those who commit international crimes. This stimulating, ground-breaking book debates the issues raised by international crimes. It highlights the two competing international law needs that must be addressed in this situation: the pursuit of international justice (which international criminal law purports to uphold), and the maintenance of international peace and security - an important rationale for the immunities of state officials abroad.

The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law

Author : Rosanne van Alebeek
Publisher : Oxford University Press on Demand
Page : 449 pages
File Size : 45,9 Mb
Release : 2008
Category : Law
ISBN : 9780199232475

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The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law by Rosanne van Alebeek Pdf

This title is a comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.

The Cambridge Handbook of Immunities and International Law

Author : Tom Ruys,Nicolas Angelet,Luca Ferro
Publisher : Cambridge University Press
Page : 128 pages
File Size : 52,7 Mb
Release : 2019-04-30
Category : Law
ISBN : 9781108284998

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The Cambridge Handbook of Immunities and International Law by Tom Ruys,Nicolas Angelet,Luca Ferro Pdf

Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.

Contemporary Issues Facing the International Criminal Court

Author : Richard H. Steinberg
Publisher : Martinus Nijhoff Publishers
Page : 495 pages
File Size : 52,8 Mb
Release : 2016-04-08
Category : Law
ISBN : 9789004304451

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Contemporary Issues Facing the International Criminal Court by Richard H. Steinberg Pdf

Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: • Jurisdiction: The 2008-2009 Gaza Issue • The Obligation to Arrest in the Darfur Context • Appropriate Limitations on Oversight • The ICC and Prevention of Crimes • Reparations • Proving Mass Rape • Focus on Africa: Is the ICC Biased? • Increasing Rates of Apprehension and Arrest Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court. Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.

The Rome Statute as Evidence of Customary International Law

Author : Yudan Tan
Publisher : BRILL
Page : 487 pages
File Size : 45,5 Mb
Release : 2021-08-09
Category : Law
ISBN : 9789004439412

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The Rome Statute as Evidence of Customary International Law by Yudan Tan Pdf

In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law.

The Rome Statute of the ICC at Its Twentieth Anniversary

Author : Pavel Šturma
Publisher : BRILL
Page : 266 pages
File Size : 47,5 Mb
Release : 2019-01-03
Category : Law
ISBN : 9789004387553

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The Rome Statute of the ICC at Its Twentieth Anniversary by Pavel Šturma Pdf

This edited volume presents the most up to date topics of international criminal law and discusses possible future developments of the Rome Statute and the International Criminal Court.

State Sovereignty and International Criminal Law

Author : Morten Bergsmo,LING Yan
Publisher : Torkel Opsahl Academic EPublisher
Page : 300 pages
File Size : 53,7 Mb
Release : 2012-11-19
Category : Law
ISBN : 9788293081357

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State Sovereignty and International Criminal Law by Morten Bergsmo,LING Yan Pdf

'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

Principles of International Criminal Law

Author : Gerhard Werle,Florian Jessberger
Publisher : Oxford University Press
Page : 711 pages
File Size : 46,9 Mb
Release : 2014
Category : Law
ISBN : 9780198703594

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Principles of International Criminal Law by Gerhard Werle,Florian Jessberger Pdf

Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.

The Legal Legacy of the Special Court for Sierra Leone

Author : Charles C. Jalloh
Publisher : Cambridge University Press
Page : 423 pages
File Size : 54,5 Mb
Release : 2020-07-16
Category : Law
ISBN : 9781107178311

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The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh Pdf

Explores how the first treaty-based UN international tribunal's judges innovatively applied the law to perpetrators of international crimes in one of the worst conflicts in recent history.

The Law of State Immunity

Author : Hazel Fox,Philippa Webb
Publisher : OUP Oxford
Page : 704 pages
File Size : 52,7 Mb
Release : 2013-08-29
Category : Law
ISBN : 9780191669767

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The Law of State Immunity by Hazel Fox,Philippa Webb Pdf

The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.

UN Security Council Referrals to the International Criminal Court

Author : Alexandre Skander Galand
Publisher : BRILL
Page : 278 pages
File Size : 49,9 Mb
Release : 2018-11-22
Category : Law
ISBN : 9789004342217

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UN Security Council Referrals to the International Criminal Court by Alexandre Skander Galand Pdf

Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.