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Author : Evelyne Schmid
Publisher : Cambridge University Press
Page : 395 pages
File Size : 50,7 Mb
Release : 2015-04-02
Category : Law
ISBN : 9781107063969
Evelyne Schmid demonstrates how violations of economic, social and cultural rights can overlap with international crimes.
Author : Evelyne Schmid
Publisher : Unknown
Page : 128 pages
File Size : 55,7 Mb
Release : 2015
Category : Crimes against humanity
ISBN : 1316329461
"Is the neglect of economic, social and cultural abuses in international criminal law a problem of positive international law or the result of choices made by lawyers involved in mechanisms such as criminal prosecutions or truth commissions? Evelyne Schmid explores this question via an assessment of the relationship between violations of economic, social and cultural rights and international crimes. Based on a thorough examination of the elements of international crimes, she demonstrates how a situation can simultaneously be described as a violation of economic, social and cultural rights and as an international crime. Against the background of the emerging debates on selectivity in international criminal law and the role of socio-economic and cultural abuses in transitional justice, she argues that international crimes overlapping with violations of economic, social and cultural rights deserve to be taken seriously, for much the same reasons as other international crimes"--
Author : Sébastien Jodoin,Marie-Claire Cordonier Segger
Publisher : Cambridge University Press
Page : 128 pages
File Size : 42,6 Mb
Release : 2013-06-24
Category : Law
ISBN : 9781107245068
Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of international criminal law and sustainable development can contribute to one another's elaboration, interpretation and implementation. Chapters in the book discuss the potential and limitations of international criminalization as a means for protecting the basic foundations of sustainable development; the role of existing international crimes in penalizing serious forms of economic, social, environmental and cultural harm; the indirect linkages that have developed between sustainable development and various mechanisms of criminal accountability and redress; and innovative proposals to broaden the scope of international criminal justice. With its rigorous and innovative arguments, this book forms a unique and urgent contribution to current debates on the future of global justice and sustainability.
Author : Sunčana Roksandić Vidlička
Publisher : Unknown
Page : 529 pages
File Size : 48,8 Mb
Release : 2017
Category : Commercial crimes
ISBN : 3428151992
Présentation de l'éditeur : "Serious economic crimes and violations of economic, social and cultural rights have often been neglected in criminal proceedings and reports of truth commissions that have followed in the wake of economic transitions or conflicts. Although such economic crimes often result in a substantial loss of wealth to the overall economy and society of the country in question, they have not been widely nor effectively prosecuted. The Balkan region is no exception to this rule. The study connects international criminal law with discourses of international human rights law, security studies, (supranational) criminology, political sciences, transitional justice and (economic) criminal law in order to find arguments as to why it is necessary to start prosecuting serious (transitional) economic offences as crimes under international law and why they should find their place in the ICC Statute. The research explains why Art. 7(1)(k) of the ICC Statute is the most plausible means to do so without violating the principle of legality."
Author : Claire De Than,Edwin Shorts
Publisher : Unknown
Page : 608 pages
File Size : 44,9 Mb
Release : 2003
Category : Crimes against humanity
ISBN : UOM:39015061339381
This is an in-depth analysis of the complex and challenging field of international prosecution and human rights. It explains the role and operation of the International Criminal Court, and explores the various challenges confronting it.
Author : Otto Triffterer,Kai Ambos
Publisher : Hart Publishing Limited
Page : 1954 pages
File Size : 48,5 Mb
Release : 2008-01-01
Category : Criminal jurisdiction
ISBN : 3832909273
On July 1, 2008, the Rome Statute of the International Criminal Court (ICC) entered into force, enabling the ICC - as laid down in the Preamble to the Statute - to affirm "that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing international cooperation." In this second edition commentary, Otto Triffterer and a number of eminent legal practitioners and scholars in the field of international criminal law give a detailed article-by-article analysis of both the Statute as well as the "Elements of Crime" and the "Rules of Procedure and Evidence," adopted by the Assembly of States Parties in 2002, and the "Regulations of the Court," adopted by the Judges of the ICC in 2004. This substantially revised and significantly amended version considers the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR); other international, "semi-international," or national courts; and the relevant literature since the publication of the first edition in 1999. This book has been selected in 2009 to receive the prestigious ASIL Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars.
Author : Morten Bergsmo,LING Yan
Publisher : Torkel Opsahl Academic EPublisher
Page : 300 pages
File Size : 54,7 Mb
Release : 2012-11-19
Category : Law
ISBN : 9788293081357
'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.
Author : Caroline Fournet,Anja Matwijkiw
Publisher : BRILL
Page : 411 pages
File Size : 47,6 Mb
Release : 2020-11-30
Category : Law
ISBN : 9789004364424
Biolaw and International Criminal Law: Towards Interdisciplinary Synergies investigates the foundational, conceptual and interdisciplinary aspects of an emerging field: International Criminal Biolaw.
Author : Wolfgang Kaleck
Publisher : Torkel Opsahl Academic EPublisher
Page : 141 pages
File Size : 55,7 Mb
Release : 2015-05-29
Category : Law
ISBN : 9788293081838
Author : Mark Klamberg
Publisher : Torkel Opsahl Academic EPublisher
Page : 819 pages
File Size : 45,5 Mb
Release : 2017-04-29
Category : Law
ISBN : 9788283481013
Author : Gilles Giacca
Publisher : OUP Oxford
Page : 414 pages
File Size : 54,8 Mb
Release : 2014-10-02
Category : Law
ISBN : 9780191026904
This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.
Author : Carsten Stahn
Publisher : Cambridge University Press
Page : 467 pages
File Size : 45,7 Mb
Release : 2019
Category : Law
ISBN : 9781108423205
Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.
Author : Gerhard Werle,Florian Jeßberger
Publisher : Oxford University Press, USA
Page : 721 pages
File Size : 41,9 Mb
Release : 2020
Category : Law
ISBN : 9780198826859
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.
Author : Darryl Robinson
Publisher : Oxford University Press
Page : 896 pages
File Size : 40,5 Mb
Release : 2020-02-24
Category : Law
ISBN : 9780192558893
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Author : Frank Haldemann,Thomas Unger
Publisher : Oxford University Press
Page : 360 pages
File Size : 49,9 Mb
Release : 2018-03-21
Category : Law
ISBN : 9780191061295
The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and then affirmed by the Human Rights Council. These Principles are today widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles. The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law. The commentary advances debates and clarifies complex legal issues, making it an essential resource for legal academics, students, and practitioners working in fields such as human rights, international criminal law, and transitional justice.