Relationships Between International Criminal Law And Other Branches Of International Law

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Relationships between International Criminal Law and Other Branches of International Law

William A. Schabas
Relationships between International Criminal Law and Other Branches of International Law Book PDF

Author : William A. Schabas
Publisher : BRILL
Page : 271 pages
File Size : 47,7 Mb
Release : 2022-05-20
Category : Law
ISBN : 9789004521506

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Relationships between International Criminal Law and Other Branches of International Law by William A. Schabas Pdf

This course investigates the relationships between international criminal law and other branches of international law. It begins by examining four issues of general international law: the principal sources of international law, jurisdiction and immunities, State responsibility, and use of force. It then explores internationalhumanitarian law, focusing on definitions of war crimes and difficulties in linking IHL and ICL. Next, it examines refugee law, paying particular attention to the exclusion of war criminals from refugee protection and to international crimes that may be related to the rights and treatment of refugees. The final chapter explores the relationship between ICL and human rights law, examining the position of human rights within the Rome Statute of the ICC, as well as the human rights aspects of genocide, crimes against humanity, various procedural rights relating to fair international trials and the contribution of human rights fact-finding mechanisms.

The Relationship Between State and Individual Responsibility for International Crimes

Beatrice Bonafè
The Relationship Between State and Individual Responsibility for International Crimes Book PDF

Author : Beatrice Bonafè
Publisher : BRILL
Page : 296 pages
File Size : 53,8 Mb
Release : 2009-02-23
Category : Law
ISBN : 9789047426776

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The Relationship Between State and Individual Responsibility for International Crimes by Beatrice Bonafè Pdf

This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.

Convergences and Divergences Between International Human Rights, International Humanitarian and International Criminal Law

Paul de Hert,Stefaan Smis,Mathias Holvoet
Convergences and Divergences Between International Human Rights International Humanitarian and International Criminal Law Book PDF

Author : Paul de Hert,Stefaan Smis,Mathias Holvoet
Publisher : Unknown
Page : 298 pages
File Size : 53,7 Mb
Release : 2018
Category : Human rights
ISBN : 1780687079

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Convergences and Divergences Between International Human Rights, International Humanitarian and International Criminal Law by Paul de Hert,Stefaan Smis,Mathias Holvoet Pdf

Although rooted in a similar ideal, human rights (IHRL), international criminal law (ICL) and international humanitarian law (IHL) are separate fields of law, best represented as circles, each of which overlaps with the other two. However human rights often seems to absorb the other two, while in other situations, the lines between human rights law and its next door neighbours are blurred or contested.0This volume consists of three main parts. The first main part explores the convergences and divergences between IHL and/or IHRL on the one hand, and ICL stricto sensu on the other hand. The second part investigates the convergences and divergences between IHRL and transnational crimes, or ICL in the broader sense, which suppresses crimes such as drug trafficking, trafficking in human beings and corruption through international treaties providing for domestic enforcement. The last main part of this volume provides the reader with novel and original insights as to how IHRL and IHL converge and diverge by considering if and how the norms of other branches of international law come into play and how the European Court of Human Rights has engaged with the sometimes contradicting norms of IHL. It furthermore analyses the relationship between the specific IHL and IHRL norms which prohibit arbitrary displacement and maps their interaction. Finally, the effectiveness of States - investigations of war crimes committed by their armed forces is evaluated by emphasising attention to the relevant standards developed within IHRL, since IHL does not indicate specific criteria to evaluate the effectiveness of an investigation.

Strengthening the Validity of International Criminal Tribunals

Joanna Nicholson
Strengthening the Validity of International Criminal Tribunals Book PDF

Author : Joanna Nicholson
Publisher : BRILL
Page : 383 pages
File Size : 40,7 Mb
Release : 2018-05-03
Category : Law
ISBN : 9789004343771

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Strengthening the Validity of International Criminal Tribunals by Joanna Nicholson Pdf

Strengthening the Validity of International Criminal Tribunals provides multi-disciplinary perspectives concerning ways in which international criminal tribunals can be made more valid and effective in a time of uncertainty for the field of international criminal justice.

An Introduction to International Criminal Law and Procedure

Robert Cryer
An Introduction to International Criminal Law and Procedure Book PDF

Author : Robert Cryer
Publisher : Cambridge University Press
Page : 685 pages
File Size : 46,8 Mb
Release : 2010-05-27
Category : Law
ISBN : 9780521135818

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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.

Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes

Morten Bergsmo
Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes Book PDF

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
Page : 314 pages
File Size : 42,9 Mb
Release : 2010-08-01
Category : Law
ISBN : 9788293081142

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Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes by Morten Bergsmo Pdf

This book concerns the relationship between the principles of complementarity and universal jurisdiction. Territorial States are normally affected most strongly by core international crimes committed during a conflict or an attack directed against its civilian population. Most victims reside in such States. Most damaged or plundered property is there. Public order and security are violated most severely in the territorial States. It is also on their territory that most of the evidence of the alleged crimes can be found. There are, in other words, obvious policy and practical reasons why States should accord priority to territoriality as a basis of jurisdiction. But is there also an obligation for States to defer exercise of universal jurisdiction of core international crimes to investigation and prosecution of the same crimes by the territorial State? What - if any - is the impact of the principle of complementarity in this respect? These are among the questions discussed in this anthology.

Principles of International Law

John Balouziyeh, Esq.
Principles of International Law Book PDF

Author : John Balouziyeh, Esq.
Publisher : Vandeplas Publishing
Page : 187 pages
File Size : 47,5 Mb
Release : 2016-06-17
Category : Law
ISBN : 9781681090368

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Principles of International Law by John Balouziyeh, Esq. Pdf

This book offers law students and practitioners alike a clear and concise overview of public international law. It introduces the reader to the sources and history of international law while examining the institutions that create, interpret, and enforce the law, with special attention given to the International Court of Justice and its jurisprudence. The main branches of international law, along with the major treaties and customs governing them, are explained. The chapters take the reader through a step-by-step exposition of the following topics: - States and governments in the international order - International humanitarian law (the law of armed conflict) - International criminal law - Human rights and related topics - State responsibility and immunities from jurisdiction - International environmental law - The law of the sea, air, and space - International economic and trade law The procedures implemented in resolving international disputes are similarly examined. The book's lucid writing style and user-friendly format guarantee its accessibility to lawyers and non-lawyers alike. It will similarly be useful to students as a companion to any international law casebook or compendium of primary source documents.

Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege

Thomas Rauter
Judicial Practice Customary International Criminal Law and Nullum Crimen Sine Lege Book PDF

Author : Thomas Rauter
Publisher : Springer
Page : 261 pages
File Size : 43,5 Mb
Release : 2017-09-05
Category : Law
ISBN : 9783319644776

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Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege by Thomas Rauter Pdf

This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?

Convergences and Divergences Between International Human Rights, International Humanitarian and International Criminal Law

Paul De Hert,Stefaan Smis,Mathias Holvoet
Convergences and Divergences Between International Human Rights International Humanitarian and International Criminal Law Book PDF

Author : Paul De Hert,Stefaan Smis,Mathias Holvoet
Publisher : Unknown
Page : 0 pages
File Size : 48,9 Mb
Release : 2018
Category : Droit international humanitaire
ISBN : 1780686404

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Convergences and Divergences Between International Human Rights, International Humanitarian and International Criminal Law by Paul De Hert,Stefaan Smis,Mathias Holvoet Pdf

Although rooted in a similar ideal, human rights (IHRL), international criminal law (ICL) and international humanitarian law (IHL) are separate fields of law, best represented as circles, each of which overlaps with the other two. However human rights often seems to absorb the other two, while in other situations, the lines between human rights law and its next door neighbours are blurred or contested.This volume consists of three main parts. The first main part explores the convergences and divergences between IHL and/or IHRL on the one hand, and ICL stricto sensu on the other hand. The second part investigates the convergences and divergences between IHRL and transnational crimes, or ICL in the broader sense, which suppresses crimes such as drug trafficking, trafficking in human beings and corruption through international treaties providing for domestic enforcement. The last main part of this volume provides the reader with novel and original insights as to how IHRL and IHL converge and diverge by considering if and how the norms of other branches of international law come into play and how the European Court of Human Rights has engaged with the sometimes contradicting norms of IHL. It furthermore analyses the relationship between the specific IHL and IHRL norms which prohibit arbitrary displacement and maps their interaction. Finally, the effectiveness of States' investigations of war crimes committed by their armed forces is evaluated by emphasising attention to the relevant standards developed within IHRL, since IHL does not indicate specific criteria to evaluate the effectiveness of an investigation.

Africa and the International Criminal Court

Gerhard Werle,Lovell Fernandez,Moritz Vormbaum
Africa and the International Criminal Court Book PDF

Author : Gerhard Werle,Lovell Fernandez,Moritz Vormbaum
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 52,8 Mb
Release : 2014-09-17
Category : Law
ISBN : 9462650284

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Africa and the International Criminal Court by Gerhard Werle,Lovell Fernandez,Moritz Vormbaum Pdf

The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.

A Theory of Punishable Participation in Universal Crimes

Terje Einarsen,Joseph Rikhof
A Theory of Punishable Participation in Universal Crimes Book PDF

Author : Terje Einarsen,Joseph Rikhof
Publisher : Torkel Opsahl Academic EPublisher
Page : 744 pages
File Size : 51,6 Mb
Release : 2018-12-07
Category : Law
ISBN : 9788283481280

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A Theory of Punishable Participation in Universal Crimes by Terje Einarsen,Joseph Rikhof Pdf

This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.

Legal Responses to Transnational and International Crimes

Harmen van der Wilt,Christophe Paulussen
Legal Responses to Transnational and International Crimes Book PDF

Author : Harmen van der Wilt,Christophe Paulussen
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 49,6 Mb
Release : 2017-11-24
Category : Electronic
ISBN : 9781786433992

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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?

The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law

Rosanne Van Alebeek
The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law Book PDF

Author : Rosanne Van Alebeek
Publisher : OUP Oxford
Page : 488 pages
File Size : 41,5 Mb
Release : 2008-03-06
Category : Law
ISBN : 9780191552540

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The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law by Rosanne Van Alebeek Pdf

The development of international human rights law and international criminal law has triggered the question whether states and their officials can still shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved. The Pinochet case was the first case that put this issue in the limelight of international attention. Since then, the question has been put to several domestic and international courts, and has engaged the minds of scholars and politicians around the world. This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international human rights law and international criminal law without the simultaneous development of international institutional enforcement mechanisms had brought the question of the role of national courts in the application of these norms to the fore and has made the question as to the relation between immunity rules and human rights and international criminal law an immediate one. The tension between the centuries old immunity rules and the relatively recent developments in international human rights law and international criminal law presents itself in two distinct forms. In the first place it can be questioned whether immunity rules as such are compatible with certain fundamental rights of individuals under international law such as the rights of access to court, the right to a remedy, or the right to effective protection. Secondly, it can be questioned whether immunity rules apply unabridged in proceedings concerning grave human rights abuses. In its examination of these two questions this book sets out to clearly distinguish the different scope and nature of the rule of state immunity, the rule of functional immunity and the personal immunity of diplomatic agents and heads of state. While strong arguments against certain applications of immunity rules can be derived from international human rights law and international criminal law, this book argues that an unqualified attack on immunity rules risks casting a shadow over all human rights based arguments.

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 : OUP Oxford
Page : 1720 pages
File Size : 52,7 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780191632600

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

International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

An Introduction to International Criminal Law and Procedure

Robert Cryer,Hakan Friman,Darryl Robinson,Elizabeth Wilmshurst
An Introduction to International Criminal Law and Procedure Book PDF

Author : Robert Cryer,Hakan Friman,Darryl Robinson,Elizabeth Wilmshurst
Publisher : Cambridge University Press
Page : 951 pages
File Size : 44,9 Mb
Release : 2010-05-27
Category : Law
ISBN : 9781139487856

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An Introduction to International Criminal Law and Procedure by Robert Cryer,Hakan Friman,Darryl Robinson,Elizabeth Wilmshurst Pdf

This market-leading textbook gives an authoritative account of international criminal law, and focuses on what the student needs to know - the crimes that are dealt with by international courts and tribunals as well as the procedures that police the investigation and prosecution of those crimes. The reader is guided through controversies with an accessible, yet sophisticated approach by the author team of four international lawyers, with experience both of teaching the subject, and as negotiators at the foundation of the International Criminal Court and the Rome conference. It is an invaluable introduction for all students of international criminal law and international relations, and now covers developments in the ICC, victims' rights, and alternatives to international criminal justice, as well as including extended coverage of terrorism. Short, well chosen excerpts allow students to familiarise themselves with primary material from a wide range of sources. An extensive package of online resources is also available.