The Humanity Of Universal Crime

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The Humanity of Universal Crime

Author : Sinja Graf
Publisher : Oxford University Press, USA
Page : 277 pages
File Size : 44,7 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"--

Crimes Against Humanity

Author : Nergis Canefe
Publisher : University of Wales Press
Page : 338 pages
File Size : 46,6 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

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic EPublisher
Page : 361 pages
File Size : 51,9 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.

The Humanity of Universal Crime

Author : Sinja Graf
Publisher : Oxford University Press
Page : 128 pages
File Size : 41,8 Mb
Release : 2021-02-15
Category : Political Science
ISBN : 9780197535721

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The Humanity of Universal Crime by Sinja Graf Pdf

The international crime of "crimes against humanity" has become integral to contemporary political and legal discourse. However, the conceptual core of the term--an act against all of mankind--has a longer and deeper history in international political thought. In an original excavation of this history, The Humanity of Universal Crime examines theoretical mobilizations of the idea of universal crime in colonial and post-colonial contexts. Sinja Graf 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. Graf argues 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. Foregrounding the "political productivity" of universal crime, the book traces the intellectual history of the rise, fall, and reappearance of notions of universal crime in political theory over time. It looks particularly at the way European theorists have deployed the concept in assessing the legitimacy of colonial rule and foreign intervention in non-European societies. The book argues that an "inclusionary Eurocentrism" 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. Overall the book offers a novel view of how claims to act in the name of humanity are deeply steeped in practices that reproduce structures of inequality at a global level, particularly across political empires.

International Criminal Law

Author : Roger O'Keefe
Publisher : Oxford International Law Libra
Page : 689 pages
File Size : 42,6 Mb
Release : 2015
Category : Law
ISBN : 9780199689040

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International Criminal Law by Roger O'Keefe Pdf

'International Criminal Law' presents a full and systematic overview of the field, placing it in the context of wider international law. It offers a high-level, analytical examination with particular reference to the concept of an international crime and the role of domestic courts in prosecuting international crimes.--

Crimes Against Humanity

Author : Geoffrey Robertson
Publisher : Penguin UK
Page : 592 pages
File Size : 54,6 Mb
Release : 2006-08-31
Category : Law
ISBN : 9780141024639

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Crimes Against Humanity by Geoffrey Robertson Pdf

In this fresh edition of the book which has inspired the global justice movement, Geoffrey Robertson QC explains why we must hold political and military leaders accountable for genocide, torture and mass murder - the crimes against humanity that have disfigured the world. He shows how human rights standards can be enforced against cruel governments, armies and multi-national corporations. This seminal work now contains a critical perspective on recent events, such as the invasion of Iraq, the abuses at AbuGhraib, the killings in Darfur, the death of Milosevic and the trial of Saddam Hussein. Cautiously optimistic about ending impunity, but unsparingly critical of diplomats, politicians, Bush lawyers and others who evade international rules, this third edition will provide further guidance to a movement which aims to make justice predominant in world affairs. 'A beacon of clear-sighted commitment to the humanitarian cause. . . impassioned. . . exemplary. . . seminal' Observer

A Theory of Punishable Participation in Universal Crimes

Author : Terje Einarsen,Joseph Rikhof
Publisher : Torkel Opsahl Academic EPublisher
Page : 744 pages
File Size : 44,7 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.

Crimes Against Humanity

Author : Geoffrey Robertson
Publisher : Unknown
Page : 506 pages
File Size : 54,6 Mb
Release : 1999
Category : Crimes against humanity
ISBN : UOM:39015047706471

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Crimes Against Humanity by Geoffrey Robertson Pdf

Among other accomplishments, British barrister Robertson has appeared as counsel in many landmark human-rights cases, and he conducted missions for Amnesty International to South Africa and Vietnam during the 1980s. Here he identifies a shift from diplomacy to law as the crucial post-Cold War development in the world's efforts on behalf of human rights, and he writes authoritatively about history, the current situation in various parts of the world, and prospects for the future. Kenneth Roth, executive director of Human Rights Watch, provides an introduction. The book was originally published in the UK (1999, Allen Lane, The Penguin Press). Distributed by W.W. Norton. Annotation copyrighted by Book News, Inc., Portland, OR

International Crimes: Law and Practice

Author : Guénaël Mettraux
Publisher : Oxford University Press
Page : 960 pages
File Size : 47,7 Mb
Release : 2020-05-27
Category : Law
ISBN : 9780192603913

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International Crimes: Law and Practice by Guénaël Mettraux Pdf

Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This second volume discusses in detail crimes against humanity.

Forging a Convention for Crimes against Humanity

Author : Leila Nadya Sadat
Publisher : Cambridge University Press
Page : 595 pages
File Size : 41,5 Mb
Release : 2011-03-28
Category : Law
ISBN : 9781139495820

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Forging a Convention for Crimes against Humanity by Leila Nadya Sadat Pdf

Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.

International Prosecution of Human Rights Crimes

Author : Wolfgang Kaleck,Michael Ratner,Tobias Singelnstein,Peter Weiss
Publisher : Springer Science & Business Media
Page : 222 pages
File Size : 54,9 Mb
Release : 2006-11-22
Category : Law
ISBN : 9783540462781

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International Prosecution of Human Rights Crimes by Wolfgang Kaleck,Michael Ratner,Tobias Singelnstein,Peter Weiss Pdf

The book explores recent developments in the international and national prosecution of persons accused of committing war crimes and crimes against humanity. It considers the relationship between national and international law, science and practice, with emphasis on the emerging principle of universial jurisdiction and the effect of "the war on terror" on legal norms.

Forging a Convention for Crimes Against Humanity

Author : Leila Nadya Sadat
Publisher : Unknown
Page : 595 pages
File Size : 51,9 Mb
Release : 2014-05-14
Category : Crimes against humanity
ISBN : 1139010190

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Forging a Convention for Crimes Against Humanity by Leila Nadya Sadat Pdf

Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.

The Oxford Handbook of International Criminal Law

Author : Darryl Robinson
Publisher : Oxford University Press
Page : 896 pages
File Size : 46,5 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.

Reparation for Victims of Crimes against Humanity

Author : Jo-Anne M. Wemmers
Publisher : Routledge
Page : 244 pages
File Size : 42,7 Mb
Release : 2014-05-30
Category : Social Science
ISBN : 9781134709472

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Reparation for Victims of Crimes against Humanity by Jo-Anne M. Wemmers Pdf

Each year, countless people fall victim to crimes against humanity. These include widespread occurrences of systematic murder, torture, rape, disappearances, forced deportation and political persecution. Crimes against humanity constitute an attack on human dignity and as such they violate the human rights of the victim, as well as the laws of humanity. In recent years, following the creation of the International Criminal Court, there has been a growing interest in the prosecution of offenders and, in particular, in reparation following crimes against humanity. While such measures are meant to provide justice for victims, victims are often forgotten or lost in legal debates about what constitutes reparation and who is eligible to receive it. This book reaches beyond the boundaries of law and psychology and takes a multidisciplinary approach to the question of reparation for victims of crimes against humanity. Law does not take place in a vacuum and it is important to consider the impact of the law on the psychology of the victim, as well as the legal principles themselves. Herein lies the originality of this book, which bridges the gaps between psychology, victimology, criminology and law and will be of key interest to academics and students engaged in the study of these areas.

Shocking the Conscience of Humanity

Author : Margaret M. deGuzman
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 42,5 Mb
Release : 2020-04-13
Category : Law
ISBN : 9780198786153

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Shocking the Conscience of Humanity by Margaret M. deGuzman Pdf

The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.