Perpetrators And Accessories In International Criminal Law

Author : Neha Jain
Publisher : Bloomsbury Publishing
Page : 232 pages
File Size : 44,9 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254096

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Perpetrators and Accessories in International Criminal Law by Neha Jain Pdf

International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.

Author : Annemieke van Verseveld
Publisher : Springer Science & Business Media
Page : 191 pages
File Size : 49,6 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.

Author : Ciara Damgaard
Publisher : Springer Science & Business Media
Page : 461 pages
File Size : 44,7 Mb
Release : 2008-08-02
Category : Law
ISBN : 9783540787815

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Individual Criminal Responsibility for Core International Crimes by Ciara Damgaard Pdf

1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.

Author : Larissa van den Herik,Carsten Stahn
Publisher : Martinus Nijhoff Publishers
Page : 735 pages
File Size : 54,5 Mb
Release : 2012
Category : Law
ISBN : 9789004214590

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The Diversification and Fragmentation of International Criminal Law by Larissa van den Herik,Carsten Stahn Pdf

This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Author : Jérôme de Hemptinne,Robert Roth,Elies van Sliedregt,Marjolein Cupido,Manuel J. Ventura,Lachezar Yanev
Publisher : Cambridge University Press
Page : 0 pages
File Size : 46,7 Mb
Release : 2019-07-11
Category : Law
ISBN : 1108492177

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Modes of Liability in International Criminal Law by Jérôme de Hemptinne,Robert Roth,Elies van Sliedregt,Marjolein Cupido,Manuel J. Ventura,Lachezar Yanev Pdf

Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.

Author : Res Schuerch
Publisher : Springer
Page : 305 pages
File Size : 48,6 Mb
Release : 2017-07-15
Category : Law
ISBN : 9789462651920

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The International Criminal Court at the Mercy of Powerful States by Res Schuerch Pdf

This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich.

Author : M. Cherif Bassiouni
Publisher : BRILL
Page : 762 pages
File Size : 41,6 Mb
Release : 2008-12-31
Category : Law
ISBN : 9789047431459

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International Criminal Law, Volume 3: International Enforcement by M. Cherif Bassiouni Pdf

Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victims’ Rights in International Law).

Author : Morten Bergsmo,CHEAH Wui Ling,SONG Tianying,YI Ping
Publisher : Torkel Opsahl Academic EPublisher
Page : 998 pages
File Size : 54,9 Mb
Release : 2015-11-19
Category : Law
ISBN : 9788283480160

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

Author : Elies van Sliedregt
Publisher : OUP Oxford
Page : 376 pages
File Size : 44,7 Mb
Release : 2012-03-01
Category : Law
ISBN : 9780191627750

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Individual Criminal Responsibility in International Law by Elies van Sliedregt Pdf

This book examines the concept of individual criminal responsibility for serious violations of international law, i.e. aggression, genocide, crimes against humanity and war crimes. Such crimes are rarely committed by single individuals. Rather, international crimes generally connote a plurality of offenders, particularly in the execution of the crimes, which are often orchestrated and masterminded by individuals behind the scene of the crimes who can be termed 'intellectual perpetrators'. For a determination of individual guilt and responsibility, a fair assessment of the mutual relationships between those persons is indispensable. By setting out how to understand and apply concepts such as joint criminal enterprise, superior responsibility, duress, and the defence of superior orders, this work provides a framework for that assessment. It does so by bringing to light the roots of these concepts, which lie not merely in earlier phases of development of international criminal law but also in domestic law and legal doctrine. The book also critically reflects on how criminal responsibility has been developed in the case law of international criminal tribunals and courts. It thus illuminates and analyses the rules on individual responsibility in international law.

Author : Bartłomiej Krzan
Publisher : BRILL
Page : 325 pages
File Size : 53,7 Mb
Release : 2016-07-21
Category : Law
ISBN : 9789004323667

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Prosecuting International Crimes: A Multidisciplinary Approach by Bartłomiej Krzan Pdf

The volume combines different views, backgrounds and underlying assumptions on the prosecution of international crimes. The contributions shed some additional, useful light that might prove helpful for identifying new dimensions of the reaction (judicial or other) towards international atrocities.

Author : Ilaria Bottigliero
Publisher : Springer
Page : 320 pages
File Size : 55,6 Mb
Release : 2013-11-11
Category : Law
ISBN : 9789401760270

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Redress for Victims of Crimes Under International Law by Ilaria Bottigliero Pdf

Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.

Author : Mauro Politi
Publisher : Routledge
Page : 332 pages
File Size : 45,5 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351540759

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The Rome Statute of the International Criminal Court by Mauro Politi Pdf

This book focuses on the Statute of the International Criminal Court, gathering contributions by leading scholars and diplomats. It examines the main features of the Statute, highlighting its strengths and weaknesses, the role of the ICC in the international protection of human rights and the impact of the ICC Statute on the international criminal justice system. It also offers an evaluation of the prospect for the functioning of the ICC in the future.

Author : Melanie Klinkner,Howard Davis
Publisher : Routledge
Page : 287 pages
File Size : 51,8 Mb
Release : 2019-07-26
Category : Law
ISBN : 9781317335085

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The Right to The Truth in International Law by Melanie Klinkner,Howard Davis Pdf

The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

Author : Florian Jeßberger,Julia Geneuss
Publisher : Cambridge University Press
Page : 411 pages
File Size : 48,7 Mb
Release : 2020-02-20
Category : Law
ISBN : 9781108475143

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Why Punish Perpetrators of Mass Atrocities? by Florian Jeßberger,Julia Geneuss Pdf

Examines the purpose of international punishment and how different theories of punishment influence the practice of the International Criminal Court.

Author : Gideon Boas,James L. Bischoff,Natalie L. Reid
Publisher : Cambridge University Press
Page : 463 pages
File Size : 40,8 Mb
Release : 2007
Category : Law
ISBN : 9780521878319

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International Criminal Law Practitioner Library by Gideon Boas,James L. Bischoff,Natalie L. Reid Pdf

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