Principled International Criminal Justice

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Principles of Evidence in International Criminal Justice

Karim A. A. Khan,Caroline Buisman,Christopher Gosnell
Principles of Evidence in International Criminal Justice Book PDF

Author : Karim A. A. Khan,Caroline Buisman,Christopher Gosnell
Publisher : Unknown
Page : 876 pages
File Size : 42,8 Mb
Release : 2010
Category : Law
ISBN : 9780199588923

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Principles of Evidence in International Criminal Justice by Karim A. A. Khan,Caroline Buisman,Christopher Gosnell Pdf

Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.

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, USA
Page : 721 pages
File Size : 51,9 Mb
Release : 2020
Category : Law
ISBN : 9780198826859

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

Principles of International Criminal Law is one of the leading textbooks in the field of international criminal justice. This fourth edition retains the detailed and systematic approach of previous editions, whist adding substantial new material on new theories, laws, and prosecutions.

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 : 43,8 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.

Principled International Criminal Justice

Mark Findlay,Joanna Chuah Hui Ying
Principled International Criminal Justice Book PDF

Author : Mark Findlay,Joanna Chuah Hui Ying
Publisher : Routledge
Page : 176 pages
File Size : 40,9 Mb
Release : 2018-07-11
Category : Law
ISBN : 9781351258340

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Principled International Criminal Justice by Mark Findlay,Joanna Chuah Hui Ying Pdf

Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns – the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.

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 : 55,5 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.

Principles of Islamic International Criminal Law

Farhad Malekian
Principles of Islamic International Criminal Law Book PDF

Author : Farhad Malekian
Publisher : BRILL
Page : 477 pages
File Size : 53,7 Mb
Release : 2011-06-22
Category : Law
ISBN : 9789004203969

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Principles of Islamic International Criminal Law by Farhad Malekian Pdf

The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

Power and Principle

Christopher Rudolph
Power and Principle Book PDF

Author : Christopher Rudolph
Publisher : Cornell University Press
Page : 247 pages
File Size : 44,5 Mb
Release : 2017-04-18
Category : Political Science
ISBN : 9781501708411

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Power and Principle by Christopher Rudolph Pdf

On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.

The Relationship Between the International Criminal Court and National Jurisdictions

Jo Stigen
The Relationship Between the International Criminal Court and National Jurisdictions Book PDF

Author : Jo Stigen
Publisher : Martinus Nijhoff Publishers
Page : 549 pages
File Size : 40,7 Mb
Release : 2008
Category : Law
ISBN : 9789004169098

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The Relationship Between the International Criminal Court and National Jurisdictions by Jo Stigen Pdf

The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere "vis-a-vis" national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, "inter alia," whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.

The Principle of Complementarity in International Criminal Law

Mohamed M. El Zeidy
The Principle of Complementarity in International Criminal Law Book PDF

Author : Mohamed M. El Zeidy
Publisher : BRILL
Page : 401 pages
File Size : 47,8 Mb
Release : 2008
Category : Law
ISBN : 9789004166936

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The Principle of Complementarity in International Criminal Law by Mohamed M. El Zeidy Pdf

Presents a study of the historical antecedents of the principle of complementarity. This work draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals.

Principles of International Criminal Law

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

Author : Gerhard Werle,Florian Jessberger
Publisher : Unknown
Page : 720 pages
File Size : 48,8 Mb
Release : 2020
Category : Aggression (International law)
ISBN : 019186580X

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

'Principles of International Criminal Law' is one of the leading textbooks in the field of international criminal justice. This fourth edition retains the detailed and systematic approach of previous editions, whist adding substantial new material on new theories, laws, and prosecutions.

The Relationship between the International Criminal Court and National Jurisdictions

Jo Stigen
The Relationship between the International Criminal Court and National Jurisdictions Book PDF

Author : Jo Stigen
Publisher : BRILL
Page : 548 pages
File Size : 42,7 Mb
Release : 2008-07-25
Category : Law
ISBN : 9789047431749

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The Relationship between the International Criminal Court and National Jurisdictions by Jo Stigen Pdf

The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere vis-à-vis national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, inter alia, whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.

Sovereignty and Justice

Mark S. Ellis
Sovereignty and Justice Book PDF

Author : Mark S. Ellis
Publisher : Cambridge Scholars Publishing
Page : 325 pages
File Size : 43,8 Mb
Release : 2014-04-23
Category : Law
ISBN : 9781443859653

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Sovereignty and Justice by Mark S. Ellis Pdf

The drafters of the ICC’s founding document, the Rome Statute, foresaw what would become the main challenge to the Court’s legitimacy: that it could violate national sovereignty. To address this concern, the drafters added the principle of complementarity to the ICC’s jurisdiction, in that the Court’s province merely complements the exercise of jurisdiction by the domestic courts of the Statute’s member states. The ICC honours the authority of those states to conduct their own trials. However, if the principle of complementarity is to be applied, states must ensure that their own judicial systems and trials are consistent with international standards of independence and fairness. In addition, for complementarity to work, the ICC must be willing to actively support, embrace, and implement the principle. If the Court holds on too tightly to a self-aggrandising view of its role in promoting international justice, then it will lose all credibility in the eyes of nation states. Finally, the international community, in calling on states to address war crimes committed within their borders, must provide the financial, technical, and professional resources that many struggling states need in this endeavour. This book sets forth several innovative recommendations to fulfil these goals so as to make future domestic war crimes courts work more effectively.

The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court

Kai Ambos
The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court Book PDF

Author : Kai Ambos
Publisher : Springer Science & Business Media
Page : 130 pages
File Size : 47,7 Mb
Release : 2010-06-30
Category : Law
ISBN : 9783642112737

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The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court by Kai Ambos Pdf

Striking a balance between peace and justice has long been debated by scholars and practitioners. There has been definite progress in a world in which blanket amnesties were at times granted with little hesitation. There is a growing understanding that accountability has both pragmatic and principled arguments in its favor. Practical arguments as much as shifts in norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark one between peace and justice. The Colombian Justice and Peace Law 975 and its implementation offer an interesting and unique approach to dealing with the international crimes committed in Colombia’s decades-long armed conflict. Yet, will this approach suffice with regard to Colombia’s obligations under international law to investigate and prosecute international crimes? Does it meet the standards of the ICC, which has been monitoring the Colombian situation for some time now? In particular, does it pass the complementarity test laid out in the ICC statute or will the ICC have to intervene in Colombia to enforce international criminal law?

Principles of International Criminal Law

Gerhard Werle
Principles of International Criminal Law Book PDF

Author : Gerhard Werle
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 47,5 Mb
Release : 2009
Category : Law
ISBN : 9067045594

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Principles of International Criminal Law by Gerhard Werle Pdf

“Principles of International Criminal Law” was first published four years ago and has been well received. It has since appeared not only in a second German edition, but also in Spanish, Italian and Chinese. Rapid developments in the field have now made a new English edition necessary. The worldwide interest in international criminal law is strong and ever growing. This is shown by, among other things, the proliferation of publications on the subject in recent years. While the ad hoc Tribunals for the former Yugoslavia and Rwanda will soon cease operations, the International Criminal Court is just getting in gear: The Court’s first decisions on important issues of procedural and substantive law are now available. Other forms of enforcing international criminal law, such as “hybrid” courts, have also assumed greater importance; at the same time, international criminal law has come increasingly to be implemented and enforced in domestic criminal law. Today, there are many indications that international criminal law will continue to develop rather than stagnate or even suffer reversals.

International and Comparative Criminal Justice

Mark Findlay
International and Comparative Criminal Justice Book PDF

Author : Mark Findlay
Publisher : Routledge
Page : 349 pages
File Size : 45,8 Mb
Release : 2013-06-19
Category : Social Science
ISBN : 9781136184154

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International and Comparative Criminal Justice by Mark Findlay Pdf

International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.