The Evolution Of International Criminal Procedure

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The Evolution of International Criminal Procedure

Giovanni Chiarini
The Evolution of International Criminal Procedure Book PDF

Author : Giovanni Chiarini
Publisher : Taylor & Francis
Page : 237 pages
File Size : 41,9 Mb
Release : 2024-07-23
Category : Law
ISBN : 9781040094259

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The Evolution of International Criminal Procedure by Giovanni Chiarini Pdf

This book examines the evolution of international criminal procedure from the 1945–1946 Nuremberg and Tokyo trials to the present period. It is largely based on a normative-jurisprudential approach to the procedural rules, comparing both norms and case law of the relevant courts and tribunals. The book shows the possibility of classifying “international criminal procedure” as an autonomous concept and field of study, which is constantly evolving due to the interaction of different legal cultures that characterizes this subject matter and is derived from the varied procedures as established in both statutory law and jurisprudence. Far from being an autonomous entity, international criminal procedure now represents a great compromise between the legal traditions of different ICC member States. What emerges is the historical evolution of an international criminal procedure with a unique identity, a very real “third way” between the traditional dichotomy of common law and civil law, between the Anglo-Saxon and the European Roman Law-oriented legal traditions. The book will be of interest to academics, scholars, and researchers working in the areas of international criminal law, comparative law, criminal procedure, and legal history, as well as judges and international legal professionals.

The Evolution of International Criminal Procedure

Giovanni Chiarini (Lawyer)
The Evolution of International Criminal Procedure Book PDF

Author : Giovanni Chiarini (Lawyer)
Publisher : Unknown
Page : 0 pages
File Size : 53,8 Mb
Release : 2024
Category : Law
ISBN : 1032737387

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The Evolution of International Criminal Procedure by Giovanni Chiarini (Lawyer) Pdf

"This book examines the evolution of international criminal procedure from the 1945-1946 Nuremberg and Tokyo trials to the present period. It is largely based on a normative-jurisprudential approach to the procedural rules, comparing both norms and case-law of the relevant courts and tribunals. The work shows the possibility of classifying "International Criminal Procedure" as an autonomous concept and field of study, which is constantly evolving due to the interaction of different legal cultures that characterize this subject matter and is derived from the varied procedures as established in both statutory law and jurisprudence. Far from being an autonomous entity, international criminal procedure now represents a great compromise between the legal traditions of different ICC member States. What emerges is the historical evolution of an international criminal procedure with a unique identity, a very real "third way" between the traditional dichotomy of Common Law and Civil Law, between the Anglo-Saxon and the European Roman-Law-oriented legal traditions. The book will be of interest to academics, scholars and researchers working in the areas of International Criminal Law, Comparative Law, Criminal Procedure and Legal History, as well as judges and international legal professionals"--

International Criminal Procedure

Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà
International Criminal Procedure Book PDF

Author : Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà
Publisher : OUP Oxford
Page : 1720 pages
File Size : 47,5 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780191632600

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International Criminal Procedure by Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà Pdf

International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

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 : 53,8 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.

Principles of International Criminal Law

Gerhard Werle,Florian Jeßberger
Principles of International Criminal Law Book PDF

Author : Gerhard Werle,Florian Jeßberger
Publisher : Oxford University Press
Page : 750 pages
File Size : 47,9 Mb
Release : 2020-10-09
Category : Law
ISBN : 9780192561572

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Principles of International Criminal Law by Gerhard Werle,Florian Jeßberger Pdf

Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail 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. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.

The Accusation Model Before the International Criminal Court

Hanna Kuczyńska
The Accusation Model Before the International Criminal Court Book PDF

Author : Hanna Kuczyńska
Publisher : Springer
Page : 409 pages
File Size : 44,8 Mb
Release : 2015-05-07
Category : Law
ISBN : 9783319176260

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The Accusation Model Before the International Criminal Court by Hanna Kuczyńska Pdf

This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?

International Criminal Justice

Professor Roberto Bellelli
International Criminal Justice Book PDF

Author : Professor Roberto Bellelli
Publisher : Ashgate Publishing, Ltd.
Page : 1145 pages
File Size : 40,5 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409497110

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International Criminal Justice by Professor Roberto Bellelli Pdf

This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice by using case studies to provide advice for possible future developments in international criminal procedure and law.

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 : 43,9 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’.

The New Histories of International Criminal Law

Immi Tallgren,Thomas Skouteris
The New Histories of International Criminal Law Book PDF

Author : Immi Tallgren,Thomas Skouteris
Publisher : Oxford University Press
Page : 288 pages
File Size : 45,6 Mb
Release : 2019-03-21
Category : Law
ISBN : 9780192565143

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The New Histories of International Criminal Law by Immi Tallgren,Thomas Skouteris Pdf

The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.

The Legislative History of the International Criminal Court (2 vols.)

M. Cherif Bassiouni,William A. Schabas
The Legislative History of the International Criminal Court 2 vols Book PDF

Author : M. Cherif Bassiouni,William A. Schabas
Publisher : BRILL
Page : 1621 pages
File Size : 40,6 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.

Treatise on International Criminal Law

Kai Ambos
Treatise on International Criminal Law Book PDF

Author : Kai Ambos
Publisher : Oxford University Press
Page : 384 pages
File Size : 42,9 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.

Judges and the Making of International Criminal Law

Joseph Powderly
Judges and the Making of International Criminal Law Book PDF

Author : Joseph Powderly
Publisher : BRILL
Page : 680 pages
File Size : 44,9 Mb
Release : 2020-06-08
Category : Law
ISBN : 9789004368729

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Judges and the Making of International Criminal Law by Joseph Powderly Pdf

In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.

The Principle of Complementarity in International Criminal Law

Mohamed M. El Zeidy
The Principle of Complementarity in International Criminal Law Book PDF

Author : Mohamed M. El Zeidy
Publisher : BRILL
Page : 401 pages
File Size : 47,6 Mb
Release : 2008
Category : Law
ISBN : 9789004166936

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The Principle of Complementarity in International Criminal Law by Mohamed M. El Zeidy Pdf

Presents a study of the historical antecedents of the principle of complementarity. This work draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals.

The Oxford Handbook of International Criminal Law

Darryl Robinson
The Oxford Handbook of International Criminal Law Book PDF

Author : Darryl Robinson
Publisher : Oxford University Press
Page : 896 pages
File Size : 46,8 Mb
Release : 2020-02-24
Category : Law
ISBN : 9780192558886

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The Oxford Handbook of International Criminal Law by Darryl Robinson Pdf

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.

An Introduction to International Criminal Law and Procedure

Robert Cryer,Håkan Friman,Darryl Robinson,Elizabeth Wilmshurst
An Introduction to International Criminal Law and Procedure Book PDF

Author : Robert Cryer,Håkan Friman,Darryl Robinson,Elizabeth Wilmshurst
Publisher : Cambridge University Press
Page : 705 pages
File Size : 46,9 Mb
Release : 2014-06-12
Category : Law
ISBN : 9781107065901

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An Introduction to International Criminal Law and Procedure by Robert Cryer,Håkan Friman,Darryl Robinson,Elizabeth Wilmshurst Pdf

This new edition of market-leading textbook contains both updated and new material to give the most current coverage of the subject.