Surrendering To International Criminal Courts Contemporary Practice And Procedures

Author : Geert-Jan Knoops
Publisher : BRILL
Page : 445 pages
File Size : 54,8 Mb
Release : 2021-10-01
Category : Law
ISBN : 9789004479616

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Surrendering to International Criminal Courts: Contemporary Practice and Procedures by Geert-Jan Knoops Pdf

This innovative book provides an incisive, knowledgeable and comprehensive study of the promises and limitations of the emerging phenomenon of surrender of individuals to international criminal courts, such as the International Criminal Court of the Former Yugoslavia (ICTY), the International Criminal Court of Rwanda (ICTR), and the International Criminal Court (ICC). It is the first study on this area. The author analyses the distinctions and similarities with international extradition norms and persuasively establishes the international legal confinements of the surrender concept and the role of states and NATO-forces within this concept. In developing an international uniform framework for the surrender of individuals to international criminal courts, the author meticulously examines the Statutes of the ICTY, ICTR and ICC as well as their case law on this subject in conjunction with that of the European Court of Human Rights. Published under the Transnational Publishers imprint.

Author : Rodney Dixon,Karim A. A. Khan
Publisher : Unknown
Page : 1606 pages
File Size : 55,9 Mb
Release : 2003
Category : Criminal procedure
ISBN : STANFORD:36105060884397

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Archbold, International Criminal Courts by Rodney Dixon,Karim A. A. Khan Pdf

Presents a statement of the law and practice of Scotland's sheriff courts

Author : Geert-Jan G. J. Knoops
Publisher : BRILL
Page : 373 pages
File Size : 50,8 Mb
Release : 2008
Category : Law
ISBN : 9781571051585

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Defenses in Contemporary International Criminal Law by Geert-Jan G. J. Knoops Pdf

The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.

Author : Nidal Nabil Jurdi
Publisher : Routledge
Page : 332 pages
File Size : 46,6 Mb
Release : 2016-03-03
Category : Law
ISBN : 9781317027317

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The International Criminal Court and National Courts by Nidal Nabil Jurdi Pdf

This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.

Author : Claus Kreß
Publisher : © Editrice il Sirente
Page : 578 pages
File Size : 49,5 Mb
Release : 2005
Category : Law
ISBN : 9788887847031

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The Rome Statute and Domestic Legal Orders by Claus Kreß Pdf

Author : Notburga K. Calvo-Goller
Publisher : BRILL
Page : 593 pages
File Size : 46,7 Mb
Release : 2006
Category : Law
ISBN : 9789004149311

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The Trial Proceedings Of The International Criminal Court by Notburga K. Calvo-Goller Pdf

Contains the trial proceedings of the International Criminal Court, the ICTY and the ICTR in one single volume. This book covers the procedural and evidentiary aspects of the trials before the ICC from the beginning of an investigation until the time the convict has served the sentence and it includes ICTY and ICTR precedents.

Author : Geert-Jan Knoops
Publisher : Martinus Nijhoff Publishers
Page : 245 pages
File Size : 40,5 Mb
Release : 2013-06-27
Category : Law
ISBN : 9789004255746

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Redressing Miscarriages of Justice: Practice and Procedure in (International) Criminal Cases by Geert-Jan Knoops Pdf

The author offers an extensive review of the mechanisms available in different (international) law-systems to prevent and redress miscarriages of justice, from the causes of miscarriages of justice to examining forensic reports.

Author : Geert-Jan Knoops
Publisher : BRILL
Page : 227 pages
File Size : 41,7 Mb
Release : 2021-08-30
Category : Law
ISBN : 9789004478367

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Redressing Miscarriages of Justice: Practice and Procedure in National and International Criminal Law Cases by Geert-Jan Knoops Pdf

Professor Knoops’ work functions not only as an essential textbook but also as a practical guide for practitioners on the procedural mechanisms available to them after they have exhausted all locally available remedies for redressing miscarriages of justice. Redressing Miscarriages of Justice in (Inter)national Criminal Cases succinctly analyzes techniques and practices before both national courts and international criminal tribunals, attempting to answer such questions as “when is a conviction safe or unsafe” and “when and how to assess and introduce fresh evidence to reopen a criminal case.” While addressing, inter alia, the role of human rights protection and forensic sciences in this area, the text develops a legal framework which is instrumental for practitioners dealing with review procedures before domestic courts (U.S., U.K., Canada, the Netherlands) and international criminal tribunals such as the ICTY, ICTR and ICC. Published under the Transnational Publishers imprint.

Author : M. Cherif Bassiouni,William A. Schabas
Publisher : BRILL
Page : 1621 pages
File Size : 44,6 Mb
Release : 2016-10-13
Category : Law
ISBN : 9789004322097

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The Legislative History of the International Criminal Court (2 vols.) by M. Cherif Bassiouni,William A. Schabas Pdf

This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the Preparatory Commission (1998-2000) and the Regulations of the Court adopted by the plenary of judges. Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations.

Author : Geert-Jan Knoops
Publisher : Martinus Nijhoff Publishers
Page : 378 pages
File Size : 45,7 Mb
Release : 2014-09-12
Category : Law
ISBN : 9789047429012

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An Introduction to the Law of International Criminal Tribunals by Geert-Jan Knoops Pdf

The author offers an overview of the most important topics and developments in international criminal law, which are essential to everyone studying and practicing ICL.

Author : Christopher Soler
Publisher : Springer Nature
Page : 695 pages
File Size : 47,8 Mb
Release : 2019-09-18
Category : Law
ISBN : 9789462653351

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The Global Prosecution of Core Crimes under International Law by Christopher Soler Pdf

This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.

Author : M. Cherif Bassiouni
Publisher : BRILL
Page : 763 pages
File Size : 50,7 Mb
Release : 2008
Category : Law
ISBN : 9789004165304

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International Criminal Law 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; Victimsa (TM) Rights in International Law).

Author : M. Cherif Bassiouni
Publisher : BRILL
Page : 762 pages
File Size : 42,6 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 : Linda E. Carter,Mark S. Ellis,Charles Chernor Jalloh
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 46,7 Mb
Release : 2016-11-25
Category : Electronic
ISBN : 9781784719821

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The International Criminal Court in an Effective Global Justice System by Linda E. Carter,Mark S. Ellis,Charles Chernor Jalloh Pdf

International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.

Author : M. Cherif Bassiouni
Publisher : Oxford University Press, USA
Page : 1330 pages
File Size : 43,9 Mb
Release : 2014
Category : Law
ISBN : 9780199917891

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International Extradition by M. Cherif Bassiouni Pdf

"This edition remains, as its preceding ones, the most comprehensive text on the subject of international extradition, as practiced in and by the United States, and in general about the international practice of extradition". -- FOREWORD.