Cultural Defences At The International Criminal Court

Author : Noelle Higgins
Publisher : Routledge
Page : 124 pages
File Size : 49,5 Mb
Release : 2017-12-22
Category : Law
ISBN : 9781351718035

Get Book

Cultural Defences at the International Criminal Court by Noelle Higgins Pdf

Cultural defences, i.e. claims that certain aspects of a defendant’s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.

Author : Julie Fraser,Brianne McGonigle Leyh
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 48,9 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781839107306

Get Book

Intersections of Law and Culture at the International Criminal Court by Julie Fraser,Brianne McGonigle Leyh Pdf

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Author : Dominic McGoldrick,Peter Rowe,Eric Donnelly
Publisher : Bloomsbury Publishing
Page : 516 pages
File Size : 46,8 Mb
Release : 2004-03-30
Category : Law
ISBN : 9781847312112

Get Book

The Permanent International Criminal Court by Dominic McGoldrick,Peter Rowe,Eric Donnelly Pdf

The idea of an International Criminal Court has captured the international legal imagination for over a century. In 1998 it became a reality with the adoption of the Rome Statute. This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court. Detailed consideration is given to the history of war crimes trials and their place in the system of international law,the legal and political significance of a permanent ICC, the legality and legitimacy of war crimes trials, the tensions and conflicts involved in negotiating the ICC Statute, the general principles of legality, the scope of defences, evidential dilemmas, the perspective of victims, the nature and scope of the offences within the ICC's jurisdiction – aggression, genocide, war crimes, crimes against humanity, questions of admissibility and theories of jurisdiction, the principle of complementarity, national implementation of the Statute in a range of jurisdictions, and national and international responses to the ICC. The expert contributors are drawn from a range of national jurisdictions – UK, Sweden, Canada, and Australia. The book blends detailed legal analysis with practical and policy perspectives and offers an authoritative complement to the extensive commentaries on the ICC Statute.

Author : Ilias Bantekas,Emmanouela Mylonaki
Publisher : Cambridge University Press
Page : 371 pages
File Size : 44,9 Mb
Release : 2014-11-06
Category : Law
ISBN : 9781107060036

Get Book

Criminological Approaches to International Criminal Law by Ilias Bantekas,Emmanouela Mylonaki Pdf

A practical guide to what motivates international crimes and how these are structured and investigated in theory and practice.

Author : Michael Bohlander,Roman Boed,Richard Wilson
Publisher : BRILL
Page : 934 pages
File Size : 40,8 Mb
Release : 2006-03-21
Category : Law
ISBN : 9789047431176

Get Book

Defense in International Criminal Proceedings by Michael Bohlander,Roman Boed,Richard Wilson Pdf

This collection of cases and materials attempts for the first time to provide a compendium of the most important legal texts, relevant documents and cases, as well as explanatory commentary on the law of defence in international criminal proceedings by scholars and practitioners who have a wealth of relevant experience in the field. The book provides students in law school courses on international human rights law and ICL with the essential materials to understand the vital importance of an adequate defence in international criminal proceedings. Further, the text gives legal practitioners who may consider extending their field of practice to the international level a look at the diversity of the tasks they will encounter and prepare them for the legal culture shock inevitable at the international tribunals and courts.

Author : Michael Bohlander
Publisher : Cameron May
Page : 506 pages
File Size : 43,6 Mb
Release : 2007
Category : Law
ISBN : 9781905017447

Get Book

International Criminal Justice by Michael Bohlander Pdf

Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.

Author : Evelyne Schmid
Publisher : Cambridge University Press
Page : 395 pages
File Size : 41,9 Mb
Release : 2015-04-02
Category : Law
ISBN : 9781107063969

Get Book

Taking Economic, Social and Cultural Rights Seriously in International Criminal Law by Evelyne Schmid Pdf

Evelyne Schmid demonstrates how violations of economic, social and cultural rights can overlap with international crimes.

Author : Richard Ashby Wilson
Publisher : Cambridge University Press
Page : 273 pages
File Size : 50,9 Mb
Release : 2011-03-07
Category : Law
ISBN : 9781139498265

Get Book

Writing History in International Criminal Trials by Richard Ashby Wilson Pdf

Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted research with judges, prosecutors, defense attorneys and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom. Historical testimony is now an integral part of international trials, with prosecutors and defense teams using background testimony to pursue decidedly legal objectives. In the Slobodan Milošević trial, the prosecution sought to demonstrate special intent to commit genocide by reference to a long-standing animus, nurtured within a nationalist mindset. For their part, the defense called historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinct from those of history, the two are effectively combined in international trials in a way that challenges us to rethink the relationship between law and history.

Author : Darryl Robinson
Publisher : Oxford University Press
Page : 896 pages
File Size : 50,5 Mb
Release : 2020-02-24
Category : Law
ISBN : 9780192558886

Get Book

The Oxford Handbook of International Criminal Law by Darryl Robinson Pdf

In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

Author : William A. Schabas
Publisher : Cambridge University Press
Page : 595 pages
File Size : 40,8 Mb
Release : 2011-02-17
Category : Law
ISBN : 9781139496605

Get Book

An Introduction to the International Criminal Court by William A. Schabas Pdf

The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.

Author : Colleen Rohan,Gentian Zyberi
Publisher : Cambridge University Press
Page : 629 pages
File Size : 47,9 Mb
Release : 2017-04-27
Category : Law
ISBN : 9781107086678

Get Book

The Role of the Defence in International Criminal Justice by Colleen Rohan,Gentian Zyberi Pdf

In this book, leading international practitioners and scholars offer a unique defence perspective on the proper administration of international criminal justice

Author : Kamari Maxine Clarke
Publisher : Cambridge University Press
Page : 353 pages
File Size : 55,8 Mb
Release : 2009-05-25
Category : Law
ISBN : 9780521889100

Get Book

Fictions of Justice by Kamari Maxine Clarke Pdf

This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.

Author : James Larry Taulbee
Publisher : Bloomsbury Publishing USA
Page : 260 pages
File Size : 55,9 Mb
Release : 2009-06-30
Category : Law
ISBN : 9780313355899

Get Book

International Crime and Punishment by James Larry Taulbee Pdf

The basics of international criminal law, how it is actually enforced, and the arguments it has provoked are all introduced in a book that is as current as the headline news. International Crime and Punishment: A Guide to the Issues explores the many facets of this relatively new field of criminal law, an autonomous branch of law that concerns international crimes and the systems set up to handle individuals who are accused of committing them. As the author explains, international crimes include crimes against humanity, crimes against peace, war crimes, trafficking in human beings, drug trafficking, money laundering, arms trafficking, and smuggling of cultural artifacts. The laws may seem straightforward, but the system is not without controversy. As the author shows, the United States has opposed certain actions of the International Criminal Court, while other countries have objected to U.S. plans to refer persons accused of terrorism to military tribunals. Clearly and cogently, this work introduces the principles of international criminal law, its enforcement, and the conflicts that have arisen as a result. Journalists, policymakers, students, and educated citizens will find the book an essential tool for unraveling today's news stories.

Author : Flavia Lattanzi,William Schabas
Publisher : © Editrice il Sirente
Page : 370 pages
File Size : 41,5 Mb
Release : 1999
Category : Law
ISBN : 9788887847024

Get Book

Essays on the Rome Statute of the International Criminal Court by Flavia Lattanzi,William Schabas Pdf

Author : Mark J. Findlay,Ralph Henham
Publisher : Taylor & Francis
Page : 465 pages
File Size : 40,7 Mb
Release : 2005-06
Category : Social Science
ISBN : 9781317436690

Get Book

Transforming International Criminal Justice by Mark J. Findlay,Ralph Henham Pdf

This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities