Defences In Contemporary International Criminal Law

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Defenses in Contemporary International Criminal Law

Author : Geert-Jan G. J. Knoops
Publisher : BRILL
Page : 373 pages
File Size : 40,8 Mb
Release : 2008
Category : Law
ISBN : 9781571051585

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Defenses in Contemporary International Criminal Law by Geert-Jan G. J. Knoops Pdf

The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.

Defences in Contemporary International Criminal Law

Author : Geert-Jan Knoops
Publisher : BRILL
Page : 335 pages
File Size : 40,9 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004479623

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Defences in Contemporary International Criminal Law by Geert-Jan Knoops Pdf

In an area of law so thoroughly politicized, culturally freighted and passionately punitive, there is need for an extraordinary measure of protection for the accused if we are to pay more than lip service to justice. Defenses in Contemporary International Criminal Law ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court. Dr. Knoops' conceptual reach not only includes the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, immunity of States) but also presents a strong case for the incorporation of genetic and neurobiological data into the working assets of the international criminal defense attorney. Published under the Transnational Publishers imprint.

Defense in International Criminal Proceedings

Author : Michael Bohlander,Roman Boed,Richard Wilson
Publisher : BRILL
Page : 934 pages
File Size : 52,9 Mb
Release : 2006-03-21
Category : Law
ISBN : 9789047431176

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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.

International Criminal Procedure

Author : Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà
Publisher : OUP Oxford
Page : 1720 pages
File Size : 48,6 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780191632600

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International Criminal Procedure by Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà Pdf

International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

The Fundamental Concept of Crime in International Criminal Law

Author : Iryna Marchuk
Publisher : Springer Science & Business Media
Page : 311 pages
File Size : 53,6 Mb
Release : 2013-07-29
Category : Law
ISBN : 9783642282461

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The Fundamental Concept of Crime in International Criminal Law by Iryna Marchuk Pdf

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

The Role of the Defence in International Criminal Justice

Author : Colleen Rohan,Gentian Zyberi
Publisher : Cambridge University Press
Page : 629 pages
File Size : 55,7 Mb
Release : 2017-04-27
Category : Law
ISBN : 9781107086678

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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

The Oxford Handbook of International Criminal Law

Author : Darryl Robinson
Publisher : Oxford University Press
Page : 896 pages
File Size : 45,9 Mb
Release : 2020-02-24
Category : Law
ISBN : 9780192558886

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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.

International Criminal Law, Volume 1: Sources, Subjects and Contents

Author : M. Cherif Bassiouni
Publisher : BRILL
Page : 1126 pages
File Size : 47,5 Mb
Release : 2008-12-31
Category : Law
ISBN : 9789047431435

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International Criminal Law, Volume 1: Sources, Subjects and Contents by M. Cherif Bassiouni Pdf

Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).

Mistake of Law

Author : Annemieke van Verseveld
Publisher : Springer Science & Business Media
Page : 191 pages
File Size : 41,8 Mb
Release : 2012-08-28
Category : Law
ISBN : 9789067048675

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Mistake of Law by Annemieke van Verseveld Pdf

When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.

Defense in International Criminal Proceedings

Author : Michael Bohlander,Roman Boed,R Wilson, M.S,Mallilnckrodt Research Professor of Physics Richard Wilson
Publisher : Martinus Nijhoff Publishers / Brill Academic Publi
Page : 934 pages
File Size : 54,8 Mb
Release : 2014-05-14
Category : Criminal procedure (International law)
ISBN : 1441691545

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Defense in International Criminal Proceedings by Michael Bohlander,Roman Boed,R Wilson, M.S,Mallilnckrodt Research Professor of Physics 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.

The Prosecution and Defense of Peacekeepers under International Criminal Law

Author : Geert-Jan Knoops
Publisher : BRILL
Page : 416 pages
File Size : 45,8 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004480025

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The Prosecution and Defense of Peacekeepers under International Criminal Law by Geert-Jan Knoops Pdf

The Prosecution and Defense of Peacekeepers under International Criminal Law is the first comprehensive study on the international judicial implications of prosecution of international peacekeepers and members of military crisis operations under the principles of international criminal law and especially those of the International Criminal Court (ICC). Based on both domestic case law and that of the ICTY-ICTR, this study analyzes the foundation and application of international criminal liability concepts and defenses from the perspective of the prosecution and defense in the area of peacekeeping. This book assesses whether prosecution of international peacekeepers merits a distinct judicial position due to (UN) peacekeeping mandates as well as the concept of Rules of Engagement. Special attention is paid to the new era of international military crisis operations in terms of prosecution and defense of military servicemen involved in these operations. Published under the Transnational Publishers imprint.

International Criminal Law

Author : M. Cherif Bassiouni
Publisher : BRILL
Page : 1127 pages
File Size : 40,8 Mb
Release : 2008
Category : Law
ISBN : 9789004165328

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International Criminal Law by M. Cherif Bassiouni Pdf

Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).

Historical Origins of International Criminal Law

Author : Morten Bergsmo,CHEAH Wui Ling,YI Ping
Publisher : Torkel Opsahl Academic EPublisher
Page : 814 pages
File Size : 49,8 Mb
Release : 2014-12-12
Category : Law
ISBN : 9788293081135

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Historical Origins of International Criminal Law by Morten Bergsmo,CHEAH Wui Ling,YI Ping Pdf

The historical origins of international criminal law go beyond the key trials of Nuremberg and Tokyo but remain a topic that has not received comprehensive and systematic treatment. This anthology aims to address this lacuna by examining trials, proceedings, legal instruments and publications that may be said to be the building blocks of contemporary international criminal law. It aspires to generate new knowledge, broaden the common hinterland to international criminal law, and further develop this relatively young discipline of international law. The anthology and research project also seek to question our fundamental assumptions of international criminal law by going beyond the geographical, cultural, and temporal limits set by the traditional narratives of its history, and by questioning the roots of its substance, process, and institutions. Ultimately, we hope to raise awareness and generate further discussion about the historical and intellectual origins of international criminal law and its social function. The contributions to the three volumes of this study bring together experts with different professional and disciplinary expertise, from diverse continents and legal traditions. Volume 2 comprises contributions by prominent international lawyers and researchers including Professor LING Yan, Professor Neil Boister, Professor Nina H.B. Jørgensen, Professor Ditlev Tamm and Professor Mark Drumbl.

International Criminal Tribunals

Author : Larry May,Shannon Fyfe
Publisher : Unknown
Page : 217 pages
File Size : 51,9 Mb
Release : 2017
Category : LAW
ISBN : 1108222838

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International Criminal Tribunals by Larry May,Shannon Fyfe Pdf

This book considers critics of international criminal law concerning normative concepts of legitimacy, sovereignty, responsibility, punishment, economics, politics, evidence, and fairness.

The New Histories of International Criminal Law

Author : Immi Tallgren,Thomas Skouteris
Publisher : Oxford University Press
Page : 288 pages
File Size : 47,9 Mb
Release : 2019-03-21
Category : Law
ISBN : 9780192565136

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The New Histories of International Criminal Law by Immi Tallgren,Thomas Skouteris Pdf

The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.