The Concept Of Universal Crimes In International Law

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The Concept of Universal Crimes in International Law

Terje Einarsen
The Concept of Universal Crimes in International Law Book PDF

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic EPublisher
Page : 361 pages
File Size : 50,9 Mb
Release : 2012-08-15
Category : Law
ISBN : 9788293081333

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The Concept of Universal Crimes in International Law by Terje Einarsen Pdf

This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

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 : 40,7 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.

Universal Jurisdiction in International Criminal Law

Aisling O'Sullivan
Universal Jurisdiction in International Criminal Law Book PDF

Author : Aisling O'Sullivan
Publisher : Taylor & Francis
Page : 222 pages
File Size : 51,9 Mb
Release : 2017-02-03
Category : Law
ISBN : 9781317301219

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Universal Jurisdiction in International Criminal Law by Aisling O'Sullivan Pdf

With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.

Crimes Against Humanity

Nergis Canefe
Crimes Against Humanity Book PDF

Author : Nergis Canefe
Publisher : University of Wales Press
Page : 338 pages
File Size : 51,9 Mb
Release : 2021-04-15
Category : Law
ISBN : 9781786837035

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Crimes Against Humanity by Nergis Canefe Pdf

This volume considers how, based on the examination of cases pertaining to transitional justice settings that resort to local interpretations of crimes against humanity jurisprudence, fragmentation of international law and circumscribed applications of universal jurisdiction are necessary aspects of the grand enterprise to overcome the impasse of the tainted legacy of international criminal law in the Global South. If we are to proceed with adjudication of the most egregious and heinous crimes involving state criminality without facing the charge of neo-colonialist plotting, then we must reckon with localised and domesticated interpretations of international criminal law, rather than pursuing strict forms of legislative dictation of international criminal law.

The Concept of Universal Crimes in International Law (Persian ed.)

Terje Einarsen
The Concept of Universal Crimes in International Law Persian ed Book PDF

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic Epublisher
Page : 0 pages
File Size : 41,8 Mb
Release : 2023-05-03
Category : Education
ISBN : 8283482025

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The Concept of Universal Crimes in International Law (Persian ed.) by Terje Einarsen Pdf

This ground-breaking study by Professor Einarsen seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? The book is the first in a series entitled 'Rethinking the Essentials of International Criminal Law and Transitional Justice' (which also saw 'A Theory of Punishable Participation in Universal Crimes' published in 2018). The book is addressed to all with an interest in international criminal law and related disciplines like human rights, humanitarian law, and transitional justice. It makes an important contribution to a more coherent and practical understanding of international criminal law. The 2023 Persian edition is translated by Dr. Fereydoon Jafari.

Universal Jurisdiction under International Criminal Law. A Critical Analysis

P. R. Ramdhass
Universal Jurisdiction under International Criminal Law A Critical Analysis Book PDF

Author : P. R. Ramdhass
Publisher : GRIN Verlag
Page : 168 pages
File Size : 41,5 Mb
Release : 2018-08-22
Category : Law
ISBN : 9783668779471

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Universal Jurisdiction under International Criminal Law. A Critical Analysis by P. R. Ramdhass Pdf

Document from the year 2018 in the subject Law - Miscellaneous, , language: English, abstract: The concept of universal jurisdiction evolved out of protecting international commerce, but now it has become a necessity for protecting human values in modern times. Even though the concept is good, its misuse threatens peaceful international relations. The study propose to discuss the legal status of the concept of universal jurisdiction under international law and its conflict with other legal principles like State sovereignty, sovereign immunity and non-intervention. It will also highlight how jus cogens norms and obligatio erga omnes strengthen the concept of universal jurisdiction. Further, the study will discuss the related concepts, such as ‘responsibility to protect’ and ‘extradite or prosecute’. However, scope of the study will be limited to the problems of universal jurisdiction under international criminal law; and it will not address the issues of active, passive and territorial jurisdictions except to the extent necessary.

Universal Jurisdiction

Stephen Macedo
Universal Jurisdiction Book PDF

Author : Stephen Macedo
Publisher : University of Pennsylvania Press
Page : 398 pages
File Size : 47,5 Mb
Release : 2006-02-22
Category : Law
ISBN : 0812219503

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Universal Jurisdiction by Stephen Macedo Pdf

Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.

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 : 47,6 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.

The Diversification and Fragmentation of International Criminal Law

Larissa van den Herik,Carsten Stahn
The Diversification and Fragmentation of International Criminal Law Book PDF

Author : Larissa van den Herik,Carsten Stahn
Publisher : Martinus Nijhoff Publishers
Page : 735 pages
File Size : 44,6 Mb
Release : 2012
Category : Law
ISBN : 9789004214590

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The Diversification and Fragmentation of International Criminal Law by Larissa van den Herik,Carsten Stahn Pdf

This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Universal Jurisdiction in International Criminal Law

Aisling O'Sullivan
Universal Jurisdiction in International Criminal Law Book PDF

Author : Aisling O'Sullivan
Publisher : Routledge
Page : 439 pages
File Size : 54,8 Mb
Release : 2017-02-03
Category : Law
ISBN : 9781317301202

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Universal Jurisdiction in International Criminal Law by Aisling O'Sullivan Pdf

With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.

Genocide in International Law

William Schabas
Genocide in International Law Book PDF

Author : William Schabas
Publisher : Cambridge University Press
Page : 644 pages
File Size : 54,5 Mb
Release : 2000-08-31
Category : Law
ISBN : 0521787904

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Genocide in International Law by William Schabas Pdf

The 1948 Genocide Convention has suddenly become a vital legal tool in the international campaign against impunity. The succinct provisions of the Convention are now being interpreted in important judgements by the International Court of Justice, the ad hoc Tribunals for the former Yugoslavia and Rwanda, and a growing number of domestic courts. In this definitive work William A. Schabas focuses on the judicial interpretation of the Convention, debates in the International Law Commission, political statements in bodies like the General Assembly of the United Nations, and the growing body of case law. Detailed attention is given to the concept of protected groups, to the quantitative dimension of genocide, to problems of criminal prosecution including defenses and complicity, and to issues of international judicial cooperations such as extradition. He also explores the duty to prevent genocide, and the consequences this may have on the emerging law of humanitarian intervention.

Intersections of Law and Culture at the International Criminal Court

Julie Fraser,Brianne McGonigle Leyh
Intersections of Law and Culture at the International Criminal Court Book PDF

Author : Julie Fraser,Brianne McGonigle Leyh
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 55,9 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781839107306

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Intersections of Law and Culture at the International Criminal Court by Julie Fraser,Brianne McGonigle Leyh Pdf

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Universal Jurisdiction in Modern International Law

Mitsue Inazumi
Universal Jurisdiction in Modern International Law Book PDF

Author : Mitsue Inazumi
Publisher : Intersentia nv
Page : 286 pages
File Size : 54,8 Mb
Release : 2005
Category : Criminal courts
ISBN : 9789050953665

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Universal Jurisdiction in Modern International Law by Mitsue Inazumi Pdf

This study is based on the following questions: Which jurisdiction can and should be exercised for the prosecution of individuals responsible for gross and serious violations of human rights? And especially, in this regard, what is the role of universal jurisdiction? In explaining the modern jurisdictional regime, this study illuminates the historical phenomenon of the expansion of jurisdiction in Chapter II, and conducts in-depth research particularly into universal jurisdiction in Chapter III and IV. This study explicates the notion of universal jurisdiction in history and in theory, categorizing its nature by two aspects (permissive or obligatory, and supplemental or primary), and underscores the differences between ordinary universal jurisdiction and universal jurisdiction in absentia. Having made an analysis on the legality of jurisdiction, this study has proceeded to examine the appropriateness of exercising jurisdiction. Noting the danger of conflicts of jurisdiction, Chapter V attempts to compile some guiding rules that can be utilised in determining the appropriateness of jurisdiction, thus answering the question of Which jurisdiction should be exercised'. Chapter VI then applies these guiding rules to non-territorial jurisdiction, namely universal jurisdiction. The observations deduced from the application of the guiding rules demonstrates, together with the analysis of the legality of universal jurisdiction in Chapter IV, the role of universal jurisdiction within the modern jurisdictional regime.

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 : 54,9 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.

The Humanity of Universal Crime

Sinja Graf
The Humanity of Universal Crime Book PDF

Author : Sinja Graf
Publisher : Oxford University Press, USA
Page : 277 pages
File Size : 46,9 Mb
Release : 2021
Category : Law
ISBN : 9780197535707

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The Humanity of Universal Crime by Sinja Graf Pdf

""Crimes against humanity" has become integral to contemporary political and legal discourse. The conceptual core of the term - an act offending against all of mankind -, however, runs deep in the history in international political thought. In an original excavation of this history, The Politics of Universal Crime examines theoretical mobilizations of the idea of "universal crime" in colonial and post-colonial contexts. The book demonstrates the overlooked centrality of humanity and criminality to political liberalism's historical engagement with world politics, thereby breaking with the exhaustively studied status of individual rights in liberal thought. It is argued that invocations of universal crime project humanity as a normatively integrated, yet minimally inclusive and hierarchically structured subject. Such visions of humanity have in turn underwritten justifications of foreign rule and outsider intervention based on claims to an injury universally suffered by all mankind. The study foregrounds the "political productivity" of universal crime that entails distinct figures, relationships and forms of authority and agency. The book traces this argument through European political theorists' deployments of universal crime in assessing the legitimacy of colonial rule and foreign intervention in non-European societies. Analyzing John Locke's notion of universal crime in the context of English colonialism, the concept's retooled circulation during the nineteenth century and contemporary cosmopolitanism's reliance on 'crimes against humanity', it identifies an 'inclusionary Eurocentrism' that subtends the authorizing and coercive dimensions of universal crime. Unlike much-studied 'exclusionary Eurocentrist' thinking, 'inclusionary Eurocentrist' arguments have historically extended an unequal, repressive 'recognition via liability' to non-European peoples"--