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Author : Lyal S. Sunga
Publisher : BRILL
Page : 508 pages
File Size : 55,9 Mb
Release : 2023-12-04
Category : Law
ISBN : 9789004641730
Author : Lyal S. Sunga
Publisher : Martinus Nijhoff Publishers
Page : 516 pages
File Size : 47,6 Mb
Release : 1997-09-17
Category : Law
ISBN : 9041104720
How far has the world come in creating a system of international criminal law? As global society grows ever more interdependent, international crime is increasingly regarded as a serious threat. Now is the time for the international community to produce more comprehensive solutions to prevent, punish & deter crimes under international law. In this book, the author focuses on recent developments in codification & implementation to evaluate prospects for the emergence of a unified system of international criminal law, characterized by broad & coherent material coverage, as well as fair & effective institutional implementation. To this end, he sketches the normative contours of international criminal law by exploring the history, content & legal status of the relevant norms against the background of the work of the International Law Commission. He then surveys patterns in existing means of implementation at both the inter-State & international levels, examining key issues relating to the acquisition of custody over the alleged offender, the role of the extradition system & the use of international criminal tribunals. Finally, the author identifies the essential properties for the emergence of a good system of international criminal law & locates the development & future prospects of this field within the main historical dynamics of international legal cooperation.
Author : Carsten Stahn,Göran Sluiter
Publisher : BRILL
Page : 793 pages
File Size : 53,7 Mb
Release : 2009
Category : Political Science
ISBN : 9789004166554
The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
Author : Emma Palmer,Edwin Bikundo,Susan Harris Rimmer,Martin Clark
Publisher : Routledge
Page : 333 pages
File Size : 49,6 Mb
Release : 2021-12-22
Category : Law
ISBN : 9781000520828
This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice. The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond. The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.
Author : Willem de Lint,Marinella Marmo,Nerida Chazal
Publisher : Routledge
Page : 310 pages
File Size : 53,9 Mb
Release : 2014-01-03
Category : Social Science
ISBN : 9781135078485
This book adopts a critical criminological approach to analyze the production, representation and role of crime in the emerging international order. It analyzes the role of power and its influence on the dynamics of criminalization at an international level, facilitating an examination of the geopolitics of international criminal justice. Such an approach to crime is well-developed in domestic criminology; however, this critical approach is yet to be used to explore the relationship between power, crime and justice in an international setting. This book brings together contrasting opinions on how courts, prosecutors, judges, NGOs, and other bodies act to reflexively produce the social reality of international justice. In doing this, it bridges the gaps between the fields of sociology, criminology, international relations, political science, and international law to explore the problems and prospects of international criminal justice and illustrate the role of crime and criminalization in a complex, evolving, and contested international society.
Author : Andrew Novak
Publisher : Springer
Page : 116 pages
File Size : 53,7 Mb
Release : 2015-03-11
Category : Social Science
ISBN : 9783319158327
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.
Author : Gerhard Werle,Florian Jeßberger
Publisher : Oxford University Press, USA
Page : 721 pages
File Size : 50,7 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 : Charles Chernor Jalloh,Ilias Bantekas
Publisher : Oxford University Press
Page : 416 pages
File Size : 48,9 Mb
Release : 2017-10-06
Category : Law
ISBN : 9780192538550
Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.
Author : Héctor Olásolo
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 40,6 Mb
Release : 2012-01-09
Category : Law
ISBN : 9781847318732
Crimes of atrocity have profound and long-lasting effects on any society. The difference between triggering and preventing these tragic crimes often amounts to the choice between national potential preserved or destroyed. It is also important to recognise that they are not inevitable: the commission of these crimes requires a collective effort, an organisational context, and long planning and preparation. Thus, the idea of strengthening preventative action has taken on greater relevance, and is now encompassed in the emerging notion of 'responsibility to prevent'. International courts and tribunals contribute to this effort by ending impunity for past crimes. Focusing investigations and prosecution on the highest leadership maximises the impact of this contribution. The ICC has an additional preventative mandate which is fulfilled by its timely intervention in the form of preliminary examinations. Moreover, when situations of atrocity crimes are triggered, its complementarity regime incentivises states to stop violence and comply with their duties to investigate and prosecute, thus strengthening the rule of law at the national level. The new role granted to victims by the Rome Statute is key to the ICC ́s successful fulfilment of these functions. This new book of essays, which includes the author's unpublished inaugural lecture at Utrecht University, examines these issues and places particular emphasis on the additional preventative mandate of the ICC, the ICC complementarity regime, the new role granted to victims, and the prosecution of the highest leadership through the notion of indirect perpetration. 'The work of Professor Olasolo breaks new ground in the academic field of international criminal law, as an analysis of the system as a whole. I therefore wish to express my congratulations for this work.' From the Foreword by Luis Moreno Ocampo Prosecutor, International Criminal Court, The Hague, 27 April 2011 '[Professor Hector Olasolo's] compilation provides an enormous source of easy reference to students, academia and legal actors in the field of international law. A look at the titles compiled in this volume demonstrates the present challenges to international criminal justice'. From the Preliminary Reflections by Elizabeth Odio Benito Judge and Former Vice-President, International Criminal Court, The Hague, May 2011 'This collection, written by a brilliant and prolific scholar and practitioner of international criminal justice, is an insightful and important contribution to the existing literature...Each chapter in this collection is copiously footnoted and thoroughly researched, making it an important reference tool for scholars and practitioners in the field. Additionally and importantly, the chapters explore, without polemic, areas of controversy and dissent and thoughtfully and scrupulously set forth arguments for and against particular doctrinal choices.' From the Introduction by Leila Nadya Sadat Henry H Oberschelp Professor of Law and Director, Whitney R Harris World Law Institute, Washington University School of Law; Alexis de Tocqueville Distinguished Fulbright Chair, Université de Cergy-Pontoise, Paris, Spring 2011
Author : Mikkel Jarle Christensen,Ron Levi
Publisher : Routledge
Page : 482 pages
File Size : 42,6 Mb
Release : 2017-11-06
Category : Law
ISBN : 9781351384629
International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.
Author : William Schabas
Publisher : Cambridge University Press
Page : 566 pages
File Size : 54,5 Mb
Release : 2007-10-18
Category : Law
ISBN : 0521707544
The International Criminal Court ushers in a new era in the protection of human rights. The Court will prosecute genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. This third revised edition considers the initial rulings by the Pre-Trial Chambers and the Appeals Chamber, and the cases it is prosecuting, namely, Democratic Republic of Congo, northern Uganda, Darfur, as well as those where it had decided not to proceed, such as Iraq. The law of the Court up to and including its ruling on a confirmation hearing, committing Chalres Lubanga for trial on child soldiers offences, is covered. It also addresses the difficulties created by US opposition, analysing the ineffectiveness of measures taken by Washington to obstruct the Court, and its increasing recognition of the inevitability of the institution.
Author : Geert-Jan G. J. Knoops
Publisher : BRILL
Page : 373 pages
File Size : 46,5 Mb
Release : 2008
Category : Law
ISBN : 9781571051585
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 : M. Cherif Bassiouni
Publisher : Martinus Nijhoff Publishers
Page : 1258 pages
File Size : 46,6 Mb
Release : 2012-11-09
Category : Law
ISBN : 9789004231696
Written by one of the world's pioneers and leading authorities on international criminal law, this text book covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae--sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; the function of the international criminal court; rules of procedure and evidence applicable to international criminal proceedings; and the future of international criminal law. This textbook is fully updated, comprehensive, easy to read, and ideally suited for classroom use. Also available as hardback: isbn 9789004264977
Author : Dawn L. Rothe,James D. Meernik,Thordis Ingadóttir
Publisher : Martinus Nijhoff Publishers
Page : 364 pages
File Size : 46,5 Mb
Release : 2013-07-11
Category : Law
ISBN : 9789004251113
The Realities of the International Criminal Justice System takes an analytical and critical look at the impact of the major instruments of international criminal justice since the 1990s with the advent of the International Criminal Tribunals for Rwanda and Yugoslavia.
Author : David Luban,Julie R. O'Sullivan,David P. Stewart
Publisher : Aspen Publishing
Page : 1858 pages
File Size : 45,7 Mb
Release : 2018-11-26
Category : Law
ISBN : 9781543803013
This comprehensive and versatile book covers both international criminal law and the application of US criminal law transnationally. It has chapters on each of the core crimes (aggression, genocide, crimes against humanity, war crimes), as well as separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. Thus the book can be used for courses focusing entirely on international criminal law and accountability for core crimes. But it also covers US criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and US constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students with no prior background. New to the 3rd Edition: Recent developments in the international tribunals, including the Habré trial in the African Extraordinary Chamber Updates on post-Morrison jurisdictional developments and the treatment of jurisdiction in the Restatement (Fourth) of the Foreign Relations Law of the United States Activation of the crime of aggression by the ICC; cyber-attacks as aggression Recent war crimes jurisprudence and the treatment of war crimes in the US Department of Defense Law of War Manual A thorough revision of the ICC chapter including the Lubanga sentencing decisions and the Comoros decision on gravity Recent ICC jurisprudence on modes of liability Latest FCPA prosecution standards New cases on immunities and extradition Professors and students will benefit from: Versatility: Can be used for courses on international criminal law, and also for courses on US criminal law applied across borders Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law Detailed treatment of “headline” issues including torture, terrorism, and war crimes Readable background on historical context Teaching materials include: Comprehensive teacher’s manual, including the authors’ own teaching notes Discussion problems