The Subjects And Subjectivities Of International Criminal Law

Author : Emily Haslam
Publisher : Bloomsbury Publishing
Page : 197 pages
File Size : 49,7 Mb
Release : 2024-02-22
Category : Law
ISBN : 9781509973743

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The Subjects and Subjectivities of International Criminal Law by Emily Haslam Pdf

This book provides a critical introduction to the core elements of international criminal law. It does so by provoking thought on what international criminal law is, or could be, by contrasting the practice of widely recognised state-based actors and institutions such as the International Criminal Court with practices associated with non-state actors in particular citizens' tribunals. International criminal law is now established as an essential legal and institutional response to atrocity. However, it faces a series of political and practical challenges. It is vital to consider its limits and potential, as well as the ways and extent to which those limitations might be addressed. Many actors with very different visions of its nature and parameters play a role in shaping the meaning of international criminal law whether that be in official or unofficial spaces. This book explores the principles and institutions of international criminal law alongside the alternative visions of it put forward by citizens' tribunals. In so doing it encourages reflection on that law's multiple meanings and usages in order to provoke consideration of what it means, and might mean, to deploy international criminal law today.

Author : M. Cherif Bassiouni
Publisher : BRILL
Page : 1126 pages
File Size : 52,9 Mb
Release : 2008-12-31
Category : Law
ISBN : 9789047431435

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International Criminal Law, Volume 1: Sources, Subjects and Contents by M. Cherif Bassiouni Pdf

Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).

Author : M. Cherif Bassiouni
Publisher : BRILL
Page : 1127 pages
File Size : 53,6 Mb
Release : 2008
Category : Law
ISBN : 9789004165328

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International Criminal Law by M. Cherif Bassiouni Pdf

Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).

Author : M. Cherif Bassiouni
Publisher : BRILL
Page : 642 pages
File Size : 50,5 Mb
Release : 2008-11-21
Category : Law
ISBN : 9789047431442

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International Criminal Law, Volume 2: Multilateral and Bilateral Enforcement Mechanisms by M. Cherif Bassiouni Pdf

Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4:Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).

Author : Gabrielle Kirk McDonald,Olivia Swaak-Goldman
Publisher : BRILL
Page : 721 pages
File Size : 42,9 Mb
Release : 2023-05-30
Category : Law
ISBN : 9789004531413

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Substantive and Procedural Aspects of International Criminal Law by Gabrielle Kirk McDonald,Olivia Swaak-Goldman Pdf

The first volume of this unique two-volume work seeks for the first time to address in a comprehensive fashion both substantive and procedural aspects of international criminal law as applied by international and national courts. Substantive topics include individual criminal responsibility, genocide, war crimes, crimes against humanity, crimes against UN and associated personnel, core crimes and defenses, while procedural aspects include the right of suspects and accused, the protection of victims and witnesses, and pre-trial, trial and appeal procedures and practices. In addressing these subjects the work focuses on the practical application of the relevant norms and provides both detailed commentaries by experts in the field (Commentary volume), as well as the underlying documentation for each of the topics addressed (Documents and Cases volume). With the establishment of the International Criminal Court, the experiences of other international courts, notably the ad hoc tribunals for the former Yugoslavia and Rwanda as well as their predecessors, in addressing these issues are of great value and this work is intended to assist practitioners and scholars alike. Additionally, because national courts still have a vital role to play in the application of these norms, attention is given to prosecutions in national jurisdictions. With this work the editors seek both to assist the reader in understanding these important concepts as well as to provide the background documentation such that the reader can conduct his or her own research and come to his or her own conclusions. The print edition is available as a set of two volumes (9789041111357).

Author : Gabrielle Kirk McDonald
Publisher : BRILL
Page : 2506 pages
File Size : 41,9 Mb
Release : 2000-03-01
Category : Law
ISBN : 9041111344

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Substantive and Procedural Aspects of International Criminal Law by Gabrielle Kirk McDonald Pdf

This unique two-volume work seeks for the first time to address in a comprehensive fashion both "substantive" and "procedural" aspects of international criminal law as applied by international and national courts. Substantive topics include individual criminal responsibility, genocide, war crimes, crimes against humanity, crimes against UN and associated personnel, core crimes and defenses, while procedural aspects include the right of suspects and accused, the protection of victims and witnesses, and pre-trial, trial and appeal procedures and practices. In addressing these subjects the work focuses on the practical application of the relevant norms and provides both detailed commentaries by experts in the field "(Commentary volume)," as well as the underlying documentation for each of the topics addressed "(Documents and Cases volume)," With the establishment of the International Criminal Court, the experiences of other international courts, notably the ad hoc tribunals for the former Yugoslavia and Rwanda as well as their predecessors, in addressing these issues are of great value and this work is intended to assist practitioners and scholars alike. Additionally, because national courts still have a vital role to play in the application of these norms, attention is given to prosecutions in national jurisdictions. With this work the editors seek both to assist the reader in understanding these important concepts as well as to provide the background documentation such that the reader can conduct his or her own research and come to his or her own conclusions.

Author : M. Cherif Bassiouni
Publisher : Martinus Nijhoff Publishers
Page : 1258 pages
File Size : 54,9 Mb
Release : 2012-11-09
Category : Law
ISBN : 9789004231696

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Introduction to International Criminal Law, 2nd Revised Edition by M. Cherif Bassiouni Pdf

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 : Gabrielle Kirk McDonald,Olivia Swaak-Goldman
Publisher : BRILL
Page : 604 pages
File Size : 47,6 Mb
Release : 2022-10-24
Category : Law
ISBN : 9789004531406

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Substantive and Procedural Aspects of International Criminal Law by Gabrielle Kirk McDonald,Olivia Swaak-Goldman Pdf

Author : Christine Schwöbel
Publisher : Routledge
Page : 330 pages
File Size : 43,8 Mb
Release : 2014-05-09
Category : Law
ISBN : 9781317929208

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Critical Approaches to International Criminal Law by Christine Schwöbel Pdf

Drawing on the critical legal tradition, the collection of international scholars gathered in this volume analyse the complicities and limitations of International Criminal Law. This area of law has recently experienced a significant surge in scholarship and public debate; individual criminal accountability is now firmly entrenched in both international law and the international consciousness as a necessary mechanism of responsibility. Critical Approaches to International Criminal Law: An Introduction shifts the debate towards that which has so far been missing from the mainstream discussion: the possible injustices, exclusions, and biases of International Criminal Law. This collection of essays is the first dedicated to the topic of critical approaches to international criminal law. It will be a valuable resource for scholars and students of international criminal law, international law, international legal theory, criminal law, and criminology.

Author : Larissa van den Herik,Carsten Stahn
Publisher : Martinus Nijhoff Publishers
Page : 735 pages
File Size : 45,5 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’.

Author : Philipp Kastner
Publisher : Routledge
Page : 346 pages
File Size : 50,7 Mb
Release : 2017-10-20
Category : Law
ISBN : 9781317198994

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International Criminal Law in Context by Philipp Kastner Pdf

International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

Author : Gideon Boas,William Schabas,Michael P. Scharf
Publisher : Edward Elgar Publishing
Page : 335 pages
File Size : 54,9 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781005606

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International Criminal Justice by Gideon Boas,William Schabas,Michael P. Scharf Pdf

ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.

Author : Curtis F. J. Doebbler
Publisher : Lulu.com
Page : 281 pages
File Size : 41,7 Mb
Release : 2007
Category : Law
ISBN : 9780974357034

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Introduction to International Criminal Law by Curtis F. J. Doebbler Pdf

This Introduction to International Criminal Law provides an understandable glimpse into the intricacies of the law. It is valuable to students, practitioners, and members of the general public who are seeking to acquire basic knowledge about the law. It is written by a practitioner of international criminal law who has also frequently taught university courses and given countless public lectures on this subject. The insights provided in this book combine the experience of practice with the communication skills of a seasoned academic. Unlike many other texts by western writers, this author gives special attention to the concerns of audiences in Africa, Latin America, the Middle East and Asia. International criminal law is presented as part of a strategy for achieving a world characterized by peaceful cooperation and respect for the basic values of human dignity.

Author : Gerhard Werle,Florian Jeßberger
Publisher : Oxford University Press, USA
Page : 721 pages
File Size : 54,6 Mb
Release : 2020
Category : Law
ISBN : 9780198826859

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

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 : Herwig Roggemann,Petar Šarcevic
Publisher : BRILL
Page : 240 pages
File Size : 43,6 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004481169

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National Security and International Criminal Justice by Herwig Roggemann,Petar Šarcevic Pdf

One of the main problems of the International Ad hoc-tribunals in The Hague and Arusha, as well as of the permanent International Court, concerns the conflict between national security and secrecy interests of sovereign States arising in legal proceedings as a result of evidence interests and the court hearing the case. While an International Criminal Court cannot succeed without the necessary competence for gathering evidence, it can also not succeed if it fails to take account of legitimate national security interests. Written by well-known authors and commentators, the articles in the book deal with this controversy from the point of view of comparative law and legal politics. The topics covered focus on experiences and decisions from the practice of both ad hoc-tribunals, as well as political and legal discussions relating to the Statute and Rules of Procedure and Evidence of the permanent International Criminal Court.