International Criminal Law In Mexico

Author : Tania Ixchel Atilano
Publisher : Springer Nature
Page : 334 pages
File Size : 52,5 Mb
Release : 2021-03-26
Category : Law
ISBN : 9789462654556

Get Book

International Criminal Law in Mexico by Tania Ixchel Atilano Pdf

This book puts forward proposals for solutions to the current gaps between the Mexican legal order and the norms and principles of international criminal law. Adequate legislative measures are suggested for compliance with international obligations. The author approaches the book's subject matter by tracing all norms related to the prosecution of core crimes and contextualizing each of the findings with a brief historical and political account. Additionally, state practice is analyzed, identifying patterns and inconsistencies. This approach is new in offering a wide perspective on international criminal law in Mexico. Relevant legal documents are analyzed and annexed in the book, providing the reader with a useful guide to the topics analyzed. Issues including the following are examined: the incorporation of core crimes in the Mexican legal order, military jurisdiction, the war crimes definition under Mexican law, unaddressed atrocities, state practice and future challenges to combat impunity. The book will be of relevance to legal scholars, students, practitioners of law and human rights advocates. It also offers interesting insights to political scientists, historians and journalists. Tania Ixchel Atilano has a Dr. Iur. from the Humboldt Universität Berlin, an LLM in German Law from the Ludwig Maximilian Universität, Munich, and attained her law degree at the ITAM in Mexico City.

Author : United States. Congress. Senate. Committee on Foreign Relations
Publisher : Unknown
Page : 24 pages
File Size : 41,7 Mb
Release : 1977
Category : Electronic
ISBN : STANFORD:36105211309294

Get Book

Treaty with Mexico on the execution of penal sentences and Treaty with Canada the execution of penal sentences by United States. Congress. Senate. Committee on Foreign Relations Pdf

Author : Héctor Olásolo
Publisher : Unknown
Page : 0 pages
File Size : 52,8 Mb
Release : 2018
Category : Criminal procedure (International law).
ISBN : 9004340998

Get Book

International Criminal Law, Transnational Criminal Organizations and Transitional Justice by Héctor Olásolo Pdf

Foundations of international criminal law -- Definition, protected values and goals of international criminal law -- Definition and protected values -- Goals -- Historical evolution of international criminal law -- 3 normative hierarchy of the norms prohibiting international crimes -- A jurisprudence of international and hybrid criminal tribunals -- General comments and concluding observations of the human rights committee : the situations in Spain and Northern Ireland -- Jurisprudence of the Inter- American Court of Human Rights -- Jurisprudence of the International Court of Justice and the European Court of Human Rights -- Final Remarks -- The scope of criminal proceedings for International crimes since the end of the Cold War -- The scope of criminal proceedings in international and hybrid criminal tribunals -- The scope of criminal proceeding in the international criminal tribunals for the former Yugoslavia and Rwanda -- The scope of criminal proceedings in the International Criminal Court -- The scope of criminal proceedings in hybrid criminal tribunals -- Final Remarks -- The scope of criminal proceedings for international crimes in national jurisdictions -- The long struggle for the investigation and prosecution of international crimes committed in Argentina by the military dictatorship (1976-1983) -- The crimes : 1976-1983 -- The long struggle for the investigation and prosecution of international crimes in Argentina : 1983-2005 -- Criminal proceedings since 2005 -- The scope of criminal proceedings for international crimes in national jurisdictions of territorial states -- The scope of criminal proceedings for international crimes in foreign national jurisdictions acting under the principle of universal jurisdiction -- International criminal law and transnational criminal organizations -- How do transnational criminal organizations operate? -- Introduction to the phenomenon of transnational crime -- Transnational criminal organizations -- Mexican drug cartels and their structural connexion with public authorities -- Colombian bacrims -- Final remarks : the situation of the Japanese Yakuza -- Is international criminal law an appropriate mechanism to deal with transnational criminal organizations? -- Initial approach to the problem -- The distinct nature of transnational criminal law and international criminal law -- Do some of the most serious acts of violence by transnational criminal organizations constitute crimes against humanity and thus legitimize an international criminal law response? -- International criminal law and transitional justice -- Definition and scope of transitional justice : should it be applied to situations of large scale violence by transnational criminal organizations? special attention to the situation in Mexico -- Historical precedents -- Definition -- The scope of transitional justice : should transitional justice be applied to situations of large scale violence by transnational criminal organizations like in Mexico? -- The tension between criminal proceedings for international crimes and truth commissions as central elements of a liberal approach to transitional justice -- Introduction to a liberal approach to transitional justice -- Initial approach to the tension between criminal proceedings and truth commissions : the reactions to the 2 October 2016 referendum on the peace agreement between the Colombian government and the FARC -- Strengths and weaknesses of criminal proceedings for international crimes -- Strengths and weaknesses of truth commissions -- The treatment of structural violence by truth commissions : the armed conflict in Colombia as a paradigmatic example of structural violence and concerns about the mandate of the commission for the clarification of truth, coexistence, and non- repetition in Colombia -- The tension between furthering truth recovery and protecting political commitment : the cases of Northern Ireland and Spain -- Is it possible to articulate truth commissions and criminal proceedings for international crimes to overcome their respective limitations? -- From a social- democratic approach to transitional justice to the contributions of critical theories -- Introduction to a social-democratic approach to transitional justice -- The tension between individual and collective elements of reparation programs -- The notion of superficial transition -- The main issues of transitional justice : when, how, and why -- The relationship between transitional justice and development : particular attention to the UN millennium development goals -- Final Remarks -- From the 1984 Naval Club Agreement in Uruguay to the 2016 Colon Theatre Peace Agreement in Colombia -- Uruguay -- The crimes : (1973-1985) -- The transitional process -- The criminal proceedings -- Final remarks -- Colombia -- The various transitional justice systems set Up in Colombia in the last decade -- The 24 November 2016 Peace Agreement between the Colombian government and the FARC -- The main elements of the Colombian integrated system of truth, justice, reparation, and non- repetition -- Final Remarks -- How should the normative dilemma posed by the overlapping scopes of application of international criminal law and transitional justice be addressed? -- The fragmentation of international law -- The normative dilemma posed by the overlapping scopes of application of international criminal law and transitional justice -- Can the adoption of transitional justice mechanisms that do not comply with the legal regime of international crimes be the solution to the normative dilemma? particular attention to the special jurisdiction for peace in Colombia -- Final Remarks

Author : Larry May,Zachary Hoskins
Publisher : Cambridge University Press
Page : 128 pages
File Size : 50,7 Mb
Release : 2009-10-12
Category : Law
ISBN : 9781139482028

Get Book

International Criminal Law and Philosophy by Larry May,Zachary Hoskins Pdf

This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.

Author : Roy S. K. Lee
Publisher : International and Comparative
Page : 344 pages
File Size : 51,6 Mb
Release : 2005
Category : Law
ISBN : UOM:39015062840668

Get Book

States' Responses to Issues Arising from the ICC Statute by Roy S. K. Lee Pdf

"Of the fifteen chapters, thirteen address issues of implementation of the Rome Statute in Canada, France, Germany, Netherlands, South Africa, Sweden, UK, Argentina, Brazil, Italy, Lichtenstein, Japan, and Mexico [in legislation either adopted or pending]. ... Chapter 15 offers some critical remarks from ... China, which has not signed the treaty"--Foreword, p. xviii.

Author : Cristos Velasco
Publisher : Kluwer Law International B.V.
Page : 359 pages
File Size : 52,8 Mb
Release : 2019-07-10
Category : Law
ISBN : 9789403509952

Get Book

Cyber Law in Mexico by Cristos Velasco Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to cyber law – the law affecting information and communication technology (ICT) – in Mexico covers every aspect of the subject, including intellectual property rights in the ICT sector, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, privacy issues, and computer crime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the book assembles its information and guidance in seven main areas of practice: the regulatory framework of the electronic communications market; software protection, legal protection of databases or chips, and other intellectual property matters; contracts with regard to software licensing and network services, with special attention to case law in this area; rules with regard to electronic evidence, regulation of electronic signatures, electronic banking, and electronic commerce; specific laws and regulations with respect to the liability of network operators and service providers and related product liability; protection of individual persons in the context of the processing of personal data and confidentiality; and the application of substantive criminal law in the area of ICT. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Mexico will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.

Author : Roger O'Keefe
Publisher : Oxford International Law Libra
Page : 689 pages
File Size : 44,5 Mb
Release : 2015
Category : Law
ISBN : 9780199689040

Get Book

International Criminal Law by Roger O'Keefe Pdf

'International Criminal Law' presents a full and systematic overview of the field, placing it in the context of wider international law. It offers a high-level, analytical examination with particular reference to the concept of an international crime and the role of domestic courts in prosecuting international crimes.--

Author : M. Cherif Bassiouni
Publisher : BRILL
Page : 643 pages
File Size : 53,6 Mb
Release : 2008
Category : Law
ISBN : 9789004165311

Get Book

International Criminal Law by M. Cherif Bassiouni Pdf

Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4: Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of CriminalProceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).

Author : M. Cherif Bassiouni
Publisher : BRILL
Page : 642 pages
File Size : 51,8 Mb
Release : 2008-11-21
Category : Law
ISBN : 9789047431442

Get Book

International Criminal Law, Volume 2: Multilateral and Bilateral Enforcement Mechanisms by M. Cherif Bassiouni Pdf

Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4:Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).

Author : Robert Cryer
Publisher : Cambridge University Press
Page : 685 pages
File Size : 54,6 Mb
Release : 2010-05-27
Category : Law
ISBN : 9780521135818

Get Book

An Introduction to International Criminal Law and Procedure by Robert Cryer Pdf

This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.

Author : Ilias Bantekas,Susan Nash
Publisher : Routledge
Page : 640 pages
File Size : 45,8 Mb
Release : 2009-06-02
Category : Law
ISBN : 9781135241803

Get Book

International Criminal Law by Ilias Bantekas,Susan Nash Pdf

Providing an introduction to, and detailed examination of substantive, enforcement and procedural aspects of international criminal law, this book’s examination of international and transnational crimes under treaty and customary law has been fully updated and revised. Exploring the enforcement of international criminal law through an investigation of the practice of the Security Council-based tribunals for Yugoslavia and Rwanda, the International Criminal Court and other hybrid tribunals, such as those for Cambodia, Sierra Leone, Lockerbie and truth commissions, the authors look at terrorism, offences against the person, piracy and jurisdiction, and immunities amongst a variety of other topics. New to this edition are four additional chapters on: various forms of liability and participation in international crime war crimes crimes against humanity genocide and illegal rendition. This is an ideal text for undergraduate and postgraduate students of law or international relations, practitioners and those interested in gaining an insight into international criminal law

Author : Carsten Stahn
Publisher : Cambridge University Press
Page : 467 pages
File Size : 55,5 Mb
Release : 2019
Category : Law
ISBN : 9781108423205

Get Book

A Critical Introduction to International Criminal Law by Carsten Stahn Pdf

Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.

Author : Anonim
Publisher : Unknown
Page : 218 pages
File Size : 50,7 Mb
Release : 2016
Category : Disappeared persons
ISBN : 1940983622

Get Book

Undeniable Atrocities by Anonim Pdf

"Since the Mexican government escalated its war on organized crime at the end of 2006, over 150,000 Mexicans have been intentionally murdered. Countless thousands of others have been tortured; no one knows how many have disappeared. Caught between government forces and organized crime cartels, the Mexican people have suffered as atrocities and impunity reign. Based on three years of research, over 100 interviews, and previously unreleased government documents, this report finds a reasonable basis to believe that government forces and members of criminal cartels have perpetrated crimes against humanity in Mexico. The report comprehensively examines why there has been so little justice for atrocity crimes, and finds the main answers in political obstruction. Given the lack of political will to end impunity, new approaches must be taken. The report argues for a series of institutional changes, most importantly the creation of an internationalized investigative body, based inside Mexico, with powers to independently investigate and prosecute atrocity crimes."--Page 4 of cover.

Author : Harmen van der Wilt,Christophe Paulussen
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 47,9 Mb
Release : 2017-11-24
Category : Electronic
ISBN : 9781786433992

Get Book

Legal Responses to Transnational and International Crimes by Harmen van der Wilt,Christophe Paulussen Pdf

This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?

Author : Héctor Olásolo
Publisher : BRILL
Page : 251 pages
File Size : 45,5 Mb
Release : 2018-08-16
Category : Law
ISBN : 9789004341005

Get Book

International Criminal Law, Transnational Criminal Organizations and Transitional Justice by Héctor Olásolo Pdf

Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.