Humanness As A Protected Legal Interest Of Crimes Against Humanity

Author : Rustam Atadjanov
Publisher : Springer
Page : 324 pages
File Size : 53,7 Mb
Release : 2019-06-13
Category : Law
ISBN : 9789462652996

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Humanness as a Protected Legal Interest of Crimes Against Humanity by Rustam Atadjanov Pdf

Central to this book is the concept of humanity in international law. It traces the evolution of that concept within international law, studies the existing theories of crimes against humanity, and lays out its own theory based on an inclusive view of “humanity”. Crimes against humanity are core crimes under international law; their modern definition is found in the Rome Statute. However, their protective scope remains unclear, with the exact meaning of “humanity” left undefined in law. The proposed theory argues that “humanity” should be understood as “humanness” and crimes against humanity should be criminalised because humanness constitutes these crimes’ valid protected interest. This volume in the International Criminal Justice Series offers an analysis of the German doctrine of Rechtsgut to justify the penalization of crimes against humanity at both domestic and international levels. This is the first monograph on crimes against humanity written by an author from the Commonwealth of Independent States (CIS) aimed at an international audience, and should constitute a useful tool for academics, students and practitioners of international law. Rustam Atadjanov, LLB, LLM, Dr.jur., attained his Ph.D. at the University of Hamburg in Germany and is a former Legal Adviser to the Regional Delegation of the International Committee of the Red Cross in Central Asia, Tashkent, Uzbekistan.

Author : Norman Geras
Publisher : Manchester University Press
Page : 399 pages
File Size : 55,7 Mb
Release : 2013-07-19
Category : Political Science
ISBN : 9781847797711

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Crimes Against Humanity by Norman Geras Pdf

This book tells the story of the emergence of the concept of crimes against humanity. It examines its origins, the ethical assumptions underpinning it, its legal and philosophical boundaries, and some of the controversies connected with it. A brief historical introduction is followed by an exploration of the various meanings of the term ‘crimes against humanity’ that have been suggested; a definition is proposed linking it to the idea of basic human rights. The book looks at some problems with the boundaries of the concept, the threshold for its proper application and the related issue of humanitarian intervention. It concludes with a discussion of the prospects for the further development of crimes-against-humanity law. The work serves as a clear and compact introduction for students of politics, philosophy and law, as well as for the general reading public.

Author : Gillian MacNeil
Publisher : Springer Nature
Page : 196 pages
File Size : 41,8 Mb
Release : 2021-03-16
Category : Law
ISBN : 9789462654433

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Legality Matters by Gillian MacNeil Pdf

This book examines the way international criminal courts and tribunals have interpreted the crimes against humanity proscription of other inhumane acts. This clause is consistently used in spite of the long list of more specific offences forbidden as crimes against humanity. The volume proposes that the current approach is based on a misunderstanding of the nature of the clause. Properly understood, the clause is an invitation to courts to create and apply retroactive criminal laws. This leads to a problem. A prohibition on the use of retroactive criminal laws, one which admits no exceptions, is deeply embedded in international law. The author argues that it is time to revisit the assumption that retroactive criminal laws can never be deployed in a fair legal system. Drawing lessons from an exploration on the way the prohibition on retroactive laws is applied in practice, she proposes a new framework for understanding the clause proscribing the commission of other inhumane acts. This book will be of relevance to anyone interested in international criminal law or criminal law theory. Gillian MacNeil is Assistant Professor at Robson Hall, the Faculty of Law of the University of Manitoba in Winnipeg, Canada.

Author : Morten Bergsmo,SONG Tianying
Publisher : Torkel Opsahl Academic EPublisher
Page : 503 pages
File Size : 43,6 Mb
Release : 2014-12-12
Category : Law
ISBN : 9788293081968

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On the Proposed Crimes Against Humanity Convention by Morten Bergsmo,SONG Tianying Pdf

This anthology is about the need for and nature of a convention on crimes against humanity. It uses the Proposed Convention on the Prevention and Punishment of Crimes Against Humanity as an important reference point. 16 authors discuss how such a convention may consolidate the definition of crimes against humanity, and develop measures for their prevention and punishment, decades after the conclusion of the Genocide Convention and Geneva Conventions. The authors include Leila N. Sadat, Eleni Chaitidou, Darryl Robinson, Mar a Luisa Piqu , Travis Weber, Julie Pasch, Rhea Brathwaite, Christen Price, Rita Maxwell, Mary Kate Whalen, Ian Kennedy, SHANG Weiwei, ZHANG Yueyao and Tessa Bolton. It contains a preface by late Judge Hans-Peter Kaul and a foreword by Hans Corell. The book is inspired by the rationale of crimes against humanity to protect against the most serious violations of fundamental individual rights, and its realization especially through domestic mechanisms. Such consciousness calls upon appropriate definition and use of contexual elements of the crime, effective jurisdiction for prevention and prosecution, and robust inter-State co-operation. The book considers individual State experiences in combating crimes against humanity. It underlines the importance of avoiding that the process to develop a new convention waters down the law of crimes against humanity or causes further polarisation between States in the area of international criminal law. It suggests that the scope of the obligation to prevent crimes against humanity will become a decisive question.

Author : Geoffrey Robertson
Publisher : Unknown
Page : 506 pages
File Size : 42,7 Mb
Release : 1999
Category : Law
ISBN : UOM:39015047706471

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Crimes Against Humanity by Geoffrey Robertson Pdf

Among other accomplishments, British barrister Robertson has appeared as counsel in many landmark human-rights cases, and he conducted missions for Amnesty International to South Africa and Vietnam during the 1980s. Here he identifies a shift from diplomacy to law as the crucial post-Cold War development in the world's efforts on behalf of human rights, and he writes authoritatively about history, the current situation in various parts of the world, and prospects for the future. Kenneth Roth, executive director of Human Rights Watch, provides an introduction. The book was originally published in the UK (1999, Allen Lane, The Penguin Press). Distributed by W.W. Norton. Annotation copyrighted by Book News, Inc., Portland, OR

Author : International Commission on Intervention and State Sovereignty,International Development Research Centre (Canada)
Publisher : IDRC
Page : 432 pages
File Size : 43,6 Mb
Release : 2001
Category : Law
ISBN : 0889369631

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The Responsibility to Protect by International Commission on Intervention and State Sovereignty,International Development Research Centre (Canada) Pdf

Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty

Author : Lal Chand Vohrah,Fausto Pocar,Yvonne Featherstone,Olivier Fourmy,Michael F. Graham,John Hocking,Nicholas Robson
Publisher : BRILL
Page : 1060 pages
File Size : 41,7 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004479098

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Man's Inhumanity to Man by Lal Chand Vohrah,Fausto Pocar,Yvonne Featherstone,Olivier Fourmy,Michael F. Graham,John Hocking,Nicholas Robson Pdf

This volume contains a unique collection of essays on various aspects of current interest within the field of public international law, international criminal law, human rights and humanitarian law. The wide range and topicality of the issues covered bears witness to the vast professional experience of Antonio Cassese, the first President of the ICTY, in whose honour this collection has been compiled, and to the many fields of scholarship in which he has left a permanent mark. Written by a selection of renowned academics and practitioners, Man’s Inhumanity to Man offers the reader thought-provoking discussion on the International Criminal Court, the ICTY and International Criminal Tribunal for Rwanda and other aspects of international criminal justice; on truth commissions and amnesties in the aftermath of armed conflicts; on military humanitarian intervention and the development of human rights protection.

Author : Larry May
Publisher : Unknown
Page : 310 pages
File Size : 49,8 Mb
Release : 2005
Category : Electronic
ISBN : OCLC:803435895

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Crimes Against Humanity by Larry May Pdf

Author : M. Cherif Bassiouni
Publisher : BRILL
Page : 1126 pages
File Size : 54,5 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).

Author : Machteld Boot
Publisher : Intersentia nv
Page : 754 pages
File Size : 49,8 Mb
Release : 2002
Category : Crimes against humanity
ISBN : 9789050952163

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Genocide, Crimes Against Humanity, War Crimes by Machteld Boot Pdf

3.1 The Tokyo Charter

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic EPublisher
Page : 361 pages
File Size : 50,7 Mb
Release : 2012-08-15
Category : Law
ISBN : 9788293081333

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The Concept of Universal Crimes in International Law by Terje Einarsen Pdf

This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

Author : M. Cherif Bassiouni
Publisher : BRILL
Page : 1127 pages
File Size : 48,6 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).

Author : Leila Nadya Sadat
Publisher : Cambridge University Press
Page : 595 pages
File Size : 53,5 Mb
Release : 2011-03-28
Category : Law
ISBN : 9781139495820

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Forging a Convention for Crimes against Humanity by Leila Nadya Sadat Pdf

Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.

Author : M. Cherif Bassiouni
Publisher : Cambridge University Press
Page : 885 pages
File Size : 54,5 Mb
Release : 2011-04-25
Category : Law
ISBN : 9781139498937

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Crimes against Humanity by M. Cherif Bassiouni Pdf

This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.

Author : Chile Eboe-Osuji
Publisher : BRILL
Page : 908 pages
File Size : 46,9 Mb
Release : 2010-09-24
Category : Law
ISBN : 9789004189577

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Protecting Humanity by Chile Eboe-Osuji Pdf

Inspired by Pillay, some of the modern legends and experts in international law and policy have, in this volume, shared their experiences and thoughts on how better to protect humanity in our time. In the book, we read the wise words of Nobel laureates and other envoys of peace, renowned international judges and famous scholars, as well as from energetic younger minds with great promise as future legends. Some chapters are in French.