General Principles Of Law In The Decisions Of International Criminal Courts And Tribunals

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General Principles of Law in the Decisions of International Criminal Courts and Tribunals

Fabián Raimondo
General Principles of Law in the Decisions of International Criminal Courts and Tribunals Book PDF

Author : Fabián Raimondo
Publisher : BRILL
Page : 236 pages
File Size : 40,9 Mb
Release : 2008-10-02
Category : Business & Economics
ISBN : 9789047431671

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General Principles of Law in the Decisions of International Criminal Courts and Tribunals by Fabián Raimondo Pdf

International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged ‘subsidiary’ nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.

General Principles of Law in the Decisions of International Criminal Courts and Tribunals

Fabián Raimondo
General Principles of Law in the Decisions of International Criminal Courts and Tribunals Book PDF

Author : Fabián Raimondo
Publisher : BRILL
Page : 237 pages
File Size : 50,8 Mb
Release : 2008
Category : Law
ISBN : 9789004170476

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General Principles of Law in the Decisions of International Criminal Courts and Tribunals by Fabián Raimondo Pdf

International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, "inter alia" because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged a ~subsidiarya (TM) nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.

Principles of International Criminal Law

Gerhard Werle,Florian Jeßberger
Principles of International Criminal Law Book PDF

Author : Gerhard Werle,Florian Jeßberger
Publisher : OUP Oxford
Page : 600 pages
File Size : 49,8 Mb
Release : 2014-08-14
Category : Law
ISBN : 9780191008634

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

Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.

International Criminal Procedure

Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà
International Criminal Procedure Book PDF

Author : Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà
Publisher : Oxford University Press
Page : 1720 pages
File Size : 49,9 Mb
Release : 2013-03-21
Category : History
ISBN : 9780199658022

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

"The ambitious aim of the work is to create a guiding framework for international criminal procedural law and practices in the future. As explained by the working groups, the overarching objective of the project is to assist the challenge of delivering fair but also effective trials". -- FOREWORD.

General Principles and the Coherence of International Law

Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters
General Principles and the Coherence of International Law Book PDF

Author : Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters
Publisher : BRILL
Page : 474 pages
File Size : 45,6 Mb
Release : 2019-05-20
Category : Law
ISBN : 9789004390935

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General Principles and the Coherence of International Law by Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters Pdf

General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.

The Law and Practice of the International Criminal Court

Carsten Stahn
The Law and Practice of the International Criminal Court Book PDF

Author : Carsten Stahn
Publisher : Oxford University Press, USA
Page : 1441 pages
File Size : 50,7 Mb
Release : 2015
Category : Law
ISBN : 9780198705161

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The Law and Practice of the International Criminal Court by Carsten Stahn Pdf

The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.

General Principles as a Source of International Law

Imogen Saunders
General Principles as a Source of International Law Book PDF

Author : Imogen Saunders
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 49,8 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509936083

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General Principles as a Source of International Law by Imogen Saunders Pdf

This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.

The Permanent International Criminal Court

Dominic McGoldrick,Peter Rowe,Eric Donnelly
The Permanent International Criminal Court Book PDF

Author : Dominic McGoldrick,Peter Rowe,Eric Donnelly
Publisher : Hart Publishing
Page : 517 pages
File Size : 52,6 Mb
Release : 2004-03
Category : Law
ISBN : 9781841132815

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

This book examines the legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court.

Comparative Reasoning in International Courts and Tribunals

Daniel Peat
Comparative Reasoning in International Courts and Tribunals Book PDF

Author : Daniel Peat
Publisher : Cambridge University Press
Page : 293 pages
File Size : 55,9 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781108415477

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Comparative Reasoning in International Courts and Tribunals by Daniel Peat Pdf

This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.

Principles of International Criminal Law

Gerhard Werle,Florian Jeßberger
Principles of International Criminal Law Book PDF

Author : Gerhard Werle,Florian Jeßberger
Publisher : Oxford University Press
Page : 750 pages
File Size : 47,9 Mb
Release : 2020-10-09
Category : Law
ISBN : 9780192561572

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

Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth 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. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.

Sources of International Criminal Law

Pawel Aleksander Kupis
Sources of International Criminal Law Book PDF

Author : Pawel Aleksander Kupis
Publisher : GRIN Verlag
Page : 20 pages
File Size : 55,6 Mb
Release : 2015-01-27
Category : Law
ISBN : 9783656884873

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Sources of International Criminal Law by Pawel Aleksander Kupis Pdf

Academic Paper from the year 2012 in the subject Law - European and International Law, Intellectual Properties, grade: A, University of Wroclaw, language: English, abstract: The sources if international criminal law are diverse, frequently not immediately obvious, and complicated by a number of different factors. This makes the mission of identifying and applying international criminal law particularly difficult, needing a lot of effort and energy. Thus, it is important to identify the sources of international criminal law in order to determine what weight should actually be attached to international treaties, international custom, documents, materials and judicial decisions, which are commonly referred to in the context of individual criminal responsibility in international law.

Surrendering to International Criminal Courts

Geert-Jan G. J. Knoops
Surrendering to International Criminal Courts Book PDF

Author : Geert-Jan G. J. Knoops
Publisher : International and Comparative
Page : 454 pages
File Size : 47,6 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105060711079

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Surrendering to International Criminal Courts by Geert-Jan G. J. Knoops Pdf

This highly specialized study assesses the procedure of surrender of individuals to international criminal courts, based on the practices of the International Criminal Court (ICC), that of the Former Yugoslavia (ICTY), and that of Rwanda (ICTR). The study includes discussion of the difference between extradition and surrender, the different conceptual systems of the three courts with regard to surrender obligations and rights, the judicial implications of surrender, the specific surrender defenses used in the three courts, and aspects of international extradition law and human rights law. Specific cases from the three courts are cited throughout. Knoops is a criminal lawyer in The Hague in The Netherlands. Annotation copyrighted by Book News, Inc., Portland, OR

International Law in Domestic Courts

Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
International Law in Domestic Courts Book PDF

Author : Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
Publisher : Oxford University Press, USA
Page : 769 pages
File Size : 44,8 Mb
Release : 2019-01-28
Category : Law
ISBN : 9780198739746

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International Law in Domestic Courts by Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger Pdf

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

An Introduction to the International Criminal Court

William Schabas
An Introduction to the International Criminal Court Book PDF

Author : William Schabas
Publisher : Cambridge University Press
Page : 566 pages
File Size : 41,7 Mb
Release : 2007-10-18
Category : Law
ISBN : 0521707544

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An Introduction to the International Criminal Court by William Schabas Pdf

The International Criminal Court ushers in a new era in the protection of human rights. The Court will prosecute genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. This third revised edition considers the initial rulings by the Pre-Trial Chambers and the Appeals Chamber, and the cases it is prosecuting, namely, Democratic Republic of Congo, northern Uganda, Darfur, as well as those where it had decided not to proceed, such as Iraq. The law of the Court up to and including its ruling on a confirmation hearing, committing Chalres Lubanga for trial on child soldiers offences, is covered. It also addresses the difficulties created by US opposition, analysing the ineffectiveness of measures taken by Washington to obstruct the Court, and its increasing recognition of the inevitability of the institution.

The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Bert Swart,A. H. J. Swart,Alexander Zahar,Göran Sluiter
The Legacy of the International Criminal Tribunal for the Former Yugoslavia Book PDF

Author : Bert Swart,A. H. J. Swart,Alexander Zahar,Göran Sluiter
Publisher : Oxford University Press
Page : 585 pages
File Size : 42,5 Mb
Release : 2011-05-19
Category : Law
ISBN : 9780199573417

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The Legacy of the International Criminal Tribunal for the Former Yugoslavia by Bert Swart,A. H. J. Swart,Alexander Zahar,Göran Sluiter Pdf

The most prolific international criminal court to date, the International Criminal Tribunal for the Former Yugoslavia had a broad impact on international law, human rights, the creation of the International Criminal Court, and the rule of law in the former Yugoslavia. In this book a group of leading experts take stock of its performance and legacy.