Criminal Law Between War And Peace

Author : Stefano Manacorda,Adán Nieto Martín
Publisher : Ministerio de Justicia
Page : 820 pages
File Size : 43,6 Mb
Release : 2009
Category : Law
ISBN : 8484276872

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Criminal law between war and peace by Stefano Manacorda,Adán Nieto Martín Pdf

If subjecting war to law is one of the most important legal achievements of the 20th century, progressing further in that direction is one of the most important challenges for the 21st century. The problems it poses are many: the term “war” has formally fallen into disuse and we talk about “peacekeeping”; armies are today the product of cooperation between states and international organizations; private contractors increasingly participate in warlike activities, as the case of the Iraq war demonstrates; and the lines between war and very serious forms of crime (terrorism, organized crime) are increasingly blurred. This volume compiles the contributions presented at XVth International Congress on Social Defence, and tackle the criminal-legal issues raised by these new scenarios. It constitutes an innovative volume, gathering together the work of both academic and military authors, who have drawn on their theoretical and practical experience.

Author : Alessandra La Vaccara
Publisher : Editions Pedone/Hart
Page : 0 pages
File Size : 50,8 Mb
Release : 2019-06-13
Category : Law
ISBN : 1509931791

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When the Conflict Ends, While Uncertainty Continues by Alessandra La Vaccara Pdf

One of the most challenging elements during any armed conflict and its aftermath is the need to determine the fate of the missing and to support families dealing with uncertainty. Another layer of complexity is added in cases where a missing person might have been involved in criminal activity. This book examines how international law meets these two distinct, but intertwined, needs. It shows that the duty to account for missing persons is cross-cutting in nature, requiring measures needing implementation before, during, and after armed conflict. At the same time, those measures cannot substitute any required to establish responsibility for IHL/IHRL violations and international crimes. Exploring specific examples, the book examines the role that international law plays in the international community's attempts to articulate humanitarian and accountability-driven efforts when dealing with the missing. By so doing, it suggests how linkages between such efforts can be established, both through legal and policy avenues.

Author : Leonie Steinl
Publisher : Springer
Page : 421 pages
File Size : 49,7 Mb
Release : 2017-08-19
Category : Law
ISBN : 9789462652019

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Child Soldiers as Agents of War and Peace by Leonie Steinl Pdf

This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.

Author : International Society of Social Defence
Publisher : Unknown
Page : 79 pages
File Size : 48,7 Mb
Release : 2008
Category : Electronic
ISBN : 848427621X

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Criminal law between war and peace by International Society of Social Defence Pdf

Author : Yoram Dinstein
Publisher : Cambridge University Press
Page : 409 pages
File Size : 46,9 Mb
Release : 2011-10-20
Category : Law
ISBN : 9781139503174

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War, Aggression and Self-Defence by Yoram Dinstein Pdf

Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

Author : Gina Heathcote,Sara Bertotti,Emily Jones,Sheri A. Labenski
Publisher : Bloomsbury Publishing
Page : 281 pages
File Size : 40,7 Mb
Release : 2021-01-28
Category : Social Science
ISBN : 9781786996718

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The Law of War and Peace by Gina Heathcote,Sara Bertotti,Emily Jones,Sheri A. Labenski Pdf

The Law of War and Peace offers a cutting-edge analysis of the relationship between law, armed conflict, gender and peace. This book, which is the first of two volumes, focuses on the interplay between international law and gendered experiences of armed conflict. It provides an in-depth analysis of the key debates on collective security, unilateral force, the laws governing conflict, terrorism and international criminal law. While much of the current scholarship has centered on the UN Security Council's Resolutions on Women, Peace and Security, this two-volume work seeks to move understandings beyond the framework established by WPS. It does this through providing a critical and intersectional approach to gender and conflict which is mindful of transnational feminist and queer perspectives.

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
Page : 167 pages
File Size : 47,5 Mb
Release : 2000
Category : Arbitration (International law)
ISBN : 9781584771036

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Peace Through Law by Hans Kelsen Pdf

Author : Errol P. Mendes
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 45,5 Mb
Release : 2019
Category : Law
ISBN : 9781783477098

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Peace and Justice at the International Criminal Court by Errol P. Mendes Pdf

This book focuses on how the International Criminal Court seeks accountability for the most serious crimes. Errol P. Mendes dives deep into the facts and rulings of the Court that involved some of the most serious conflicts in recent times to demonstrate that justice is critical for sustainable peace. What results is a detailed but honest critique of where the Court succeeds and where it needs to improve. The author goes on to provide a prediction of the greatest challenges facing the Court in the foreseeable future. This book is a valuable resource for academics and students in international criminal law and practice, public international relations, political science, military and, war studies etc.

Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 47,8 Mb
Release : 2016-08-04
Category : Law
ISBN : 9780191082948

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Justice in Conflict by Mark Kersten Pdf

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

Author : Püschmann, Jonas
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 40,5 Mb
Release : 2021-10-19
Category : Political Science
ISBN : 9781800883963

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Law-Making and Legitimacy in International Humanitarian Law by Püschmann, Jonas Pdf

International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

Author : Kirsten Sellars
Publisher : Unknown
Page : 316 pages
File Size : 41,6 Mb
Release : 2013
Category : Aggression (International law)
ISBN : OCLC:1110703232

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"Crimes Against Peace" and International Law by Kirsten Sellars Pdf

In 1946, the judges at the International Military Tribunal at Nuremberg declared 'crimes against peace' - the planning, initiation or waging of aggressive wars - to be 'the supreme international crime'. At the time, the prosecuting powers heralded the charge as being a legal milestone, but it later proved to be an anomaly arising from the unique circumstances of the post-war period. This study traces the idea of criminalising aggression, from its origins after the First World War, through its high-water mark at the post-war tribunals at Nuremberg and Tokyo, to its abandonment during the Cold War. Today, a similar charge - the 'crime of aggression' - is being mooted at the International Criminal Court, so the ideas and debates that shaped the original charge of 'crimes against peace' assume new significance and offer valuable insights to lawyers, policy-makers and scholars engaged in international law and international relations"

Author : Louise Arbour
Publisher : University of Toronto Press
Page : 80 pages
File Size : 55,8 Mb
Release : 2002-12-15
Category : Law
ISBN : 9781442655126

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War Crimes and the Culture of Peace by Louise Arbour Pdf

In 1996, Louise Arbour was appointed by the Security Council of the United Nations as Chief Prosecutor for the International Criminal Tribunals for the former Yugoslavia and Rwanda. Reflecting on these experiences, she argues in War Crimes and the Culture of Peace that the level of public awareness and understanding of the significance of these events is minimal in part as a result of the way in which international criminal law is practiced. Justice Arbour contends that previous efforts to unite concepts of international law and criminal law in the practice of these tribunals are evolving, and suggests that the ties between personal criminal accountability and peace should be central to the decisions made in the future concerning procedural models for the permanent International War Crimes Tribunals. As a result, the public might better understand the context and causes of such crime, and the notion of crime as a breach of the peace would be made central to these trials. Justice Arbour delivered War Crimes and the Culture of Peace as the fifth annual Senator Keith Davey Lecture at Victoria University at the University of Toronto in January 2001.

Author : Paul R. Williams,Michael P. Scharf
Publisher : Rowman & Littlefield
Page : 354 pages
File Size : 53,9 Mb
Release : 2002
Category : Law
ISBN : 0742518566

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Peace with Justice? by Paul R. Williams,Michael P. Scharf Pdf

In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.

Author : Kirsten Sellars
Publisher : Cambridge University Press
Page : 339 pages
File Size : 49,7 Mb
Release : 2013-02-28
Category : History
ISBN : 9781107028845

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'Crimes Against Peace' and International Law by Kirsten Sellars Pdf

A legal and historical analysis of the first modern attempts to prosecute national leaders for embarking upon aggressive war.

Author : Ustinia Dolgopol,Judith Gail Gardam
Publisher : Martinus Nijhoff Publishers
Page : 652 pages
File Size : 49,8 Mb
Release : 2006
Category : Law
ISBN : 9789004145993

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The Challenge of Conflict by Ustinia Dolgopol,Judith Gail Gardam Pdf

This collection is an integrated body of essays that provides a comprehensive range of viewpoints on how international legal and political mechanisms can address the catastrophic consequences of deadly conflict in today's world. The authors are drawn from a diverse range of disciplines encompassing law, peace studies, international relations and criminal justice and include judges, members of the military, academics, United Nations personnel and representatives of non-government organisations.