Sentencing In International Criminal Law

Author : Silvia D'Ascoli
Publisher : Bloomsbury Publishing
Page : 422 pages
File Size : 40,7 Mb
Release : 2011-04-01
Category : Law
ISBN : 9781847318169

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Sentencing in International Criminal Law by Silvia D'Ascoli Pdf

This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

Author : Jan Philipp Book
Publisher : BWV Verlag
Page : 326 pages
File Size : 51,8 Mb
Release : 2011-01-01
Category : Appellate procedure
ISBN : 9783830527169

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Appeal and Sentence in International Criminal Law by Jan Philipp Book Pdf

HauptbeschreibungThe International Tribunals for the former Yugoslavia and Rwanda hold far-reaching sentencing powers. At the same time, consistency and fairness in sentencing are of utmost important to the practice of the Tribunals. Accordingly, the sentencing powers of the Tribunals demand for a system of control. One crucial procedural safeguard to facilitate such control is the scrutiny exercised by the Appeals Chamber. This study analyses both sentencing and appellate law in the International Tribunals. Its fundamental objective is to ensure consistency in punishment by means of appellate review.The study analyses the substantive guidelines for the sentencing decision and describes how these have evolved in the practice of the Tribunals. It then explores the nature and scope of the appeal. In doing so it examines the most important procedural devices and instruments and assesses their practical importance to the appellate process. Finally, it analyses the importance the respective practice of the Tribunals will hold for the future practice of the International Criminal Court.

Author : Kai Ambos
Publisher : Oxford University Press
Page : 384 pages
File Size : 40,5 Mb
Release : 2014
Category : History
ISBN : 9780199665600

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Treatise on International Criminal Law by Kai Ambos Pdf

This is the second of three volumes of a treatise on the principles and practice of international criminal law, from its foundations to its future. Volume 2 analyses the the substantive part of international criminal law dealing with the core crimes, including genocide, crimes against humanity, war crimes, and aggression, as well as sentencing.

Author : Silvia D'Ascoli,European University Institute. Law Department
Publisher : Unknown
Page : 448 pages
File Size : 40,7 Mb
Release : 2008
Category : International criminal law
ISBN : OCLC:537695097

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Sentencing in International Criminal Law by Silvia D'Ascoli,European University Institute. Law Department Pdf

Author : Alice Riccardi
Publisher : G Giappichelli Editore
Page : 281 pages
File Size : 41,6 Mb
Release : 2016-09-26
Category : Law
ISBN : 9788892104297

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Sentencing at the International Criminal Court by Alice Riccardi Pdf

This book covers sentencing in international criminal law with a particular focus on the International Criminal Court. The author gives a critical examination of the issue of sentencing rationales in international criminal law including an overview of the theories advanced by scholars.The first section studies whether it is possible to find a norm of international law providing for the aims of sentences in the law and practice of pure international criminal jurisdictions created before the entry into force of the Statute of the International Criminal Court. The second section analyses the issue of sentencing at the International Criminal Court, by focusing on the provisions of its Statute, on the relevant rules of internationally recognized human rights law and on the Court’s first practice. The book concludes with a re-organization of principles and thus offers a consistent approach to the penal justifications of sentencing for the International Criminal Court.

Author : Ralph Henham
Publisher : Routledge
Page : 281 pages
File Size : 40,9 Mb
Release : 2017-03-02
Category : Social Science
ISBN : 9781351907453

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Punishment and Process in International Criminal Trials by Ralph Henham Pdf

International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues. The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.

Author : Mark Findlay
Publisher : Routledge
Page : 296 pages
File Size : 55,5 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317137160

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Exploring the Boundaries of International Criminal Justice by Mark Findlay Pdf

This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

Author : Róisín Mulgrew,Denis Abels
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 40,9 Mb
Release : 2016-05-27
Category : Law
ISBN : 9781783472161

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Research Handbook on the International Penal System by Róisín Mulgrew,Denis Abels Pdf

Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, this handbook critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it also explores broader normative questions related to international punishment and makes recommendations for the international penal system's development.

Author : Kai Ambos
Publisher : Oxford University Press
Page : 449 pages
File Size : 52,5 Mb
Release : 2022
Category : Criminal procedure (International law)
ISBN : 9780192895738

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Treatise on International Criminal Law by Kai Ambos Pdf

International criminal law and justice is a flourishing field which has led, in recent years, to new international criminal tribunals and new mechanisms for investigation and holding criminals to account. These developments have, in turn, led to an increasing volume and greater consolidation of case law, and even more scholarly attention. The second edition of this volume of Kai Ambos' seminal treatise has been revised and rewritten in parts to provide coverage of recent developments in the 'Special Part' of international criminal law: namely, the specific crimes and sentencing. Amongst other updates, there are significant extensions of the discussion on sexual and gender-based crimes; the introduction of environmental crimes into international criminal law; further elaboration on the nexus requirement in war crimes and asymmetrical conflicts (e.g., ISIS); and reference to the newly introduced war crimes of the ICC Statute and of the peculiarities of cyber-attacks and other emerging activities. The volume complements Volume I of the treatise on issues relevant to the foundations, general part of international criminal law, and general principles of international criminal justice. Taken together with the other new editions of the three-volume series, this second edition provides an exhaustive guide to every aspect of international criminal law, from fundamental principles to procedures and implementation. Kai Ambos' Treatise remains an indispensable reference work for academics and practitioners of international criminal law.

Author : Mark A. Drumbl
Publisher : Cambridge University Press
Page : 211 pages
File Size : 55,7 Mb
Release : 2007-04-30
Category : Law
ISBN : 9781139464567

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Atrocity, Punishment, and International Law by Mark A. Drumbl Pdf

This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.

Author : Elies van Sliedregt,Sergey Vasiliev
Publisher : Oxford University Press
Page : 481 pages
File Size : 46,9 Mb
Release : 2014-02
Category : Law
ISBN : 9780198703198

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Pluralism in International Criminal Law by Elies van Sliedregt,Sergey Vasiliev Pdf

"Collection of papers presented at the conference "Pluralism v Harmonization: National Adjudication of International Crimes" that was held in June 2012 in Amsterdam"--Acknowlegements.

Author : Marina Aksenova
Publisher : Bloomsbury Publishing
Page : 297 pages
File Size : 46,8 Mb
Release : 2016-12-15
Category : Law
ISBN : 9781509900091

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Complicity in International Criminal Law by Marina Aksenova Pdf

This book tackles one of the most contentious aspects of international criminal law – the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion. Awarded The Paul Guggenheim Prize in International Law 2017!

Author : Mark Findlay,Joanna Chuah Hui Ying
Publisher : Routledge
Page : 176 pages
File Size : 52,6 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.

Author : Olaoluwa Olusanya
Publisher : ISBS
Page : 192 pages
File Size : 48,6 Mb
Release : 2005
Category : Law
ISBN : 9076871426

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Sentencing War Crimes and Crimes Against Humanity Under the International Criminal Tribunal for the Former Yugoslavia by Olaoluwa Olusanya Pdf

How does one distinguish, for the purpose of imposing punishment of different degrees of severity, war crime offenses from similar offenses when committed as a crime against humanity? This books attempts to tackle the question and devise a system of fixed penalties which can be globally utilized as a basis for distinguishing between both categories of international crimes in terms of gravity and which is sufficiently flexible to accommodate the full gamut of relevant sentencing variables. Attention has also been given to the jurisprudence of World War II tribunals and national laws on both categories of international crimes.

Author : Andrew Novak
Publisher : Springer
Page : 128 pages
File Size : 50,9 Mb
Release : 2015-03-11
Category : Social Science
ISBN : 9783319158327

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The International Criminal Court by Andrew Novak Pdf

This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.