Universal Jurisdiction In International Criminal Law

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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 : 51,7 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 : 49,6 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.

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 : 47,9 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.

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 : 40,9 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 : 48,9 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.

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 : 48,9 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.

State Sovereignty and International Criminal Law

Morten Bergsmo,LING Yan
State Sovereignty and International Criminal Law Book PDF

Author : Morten Bergsmo,LING Yan
Publisher : Torkel Opsahl Academic EPublisher
Page : 300 pages
File Size : 51,8 Mb
Release : 2012-11-19
Category : Law
ISBN : 9788293081357

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State Sovereignty and International Criminal Law by Morten Bergsmo,LING Yan Pdf

'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

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 : 42,6 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.

Universal Jurisdiction: The Sierra Leone Profile

Justice Bankole Thompson
Universal Jurisdiction The Sierra Leone Profile Book PDF

Author : Justice Bankole Thompson
Publisher : Springer
Page : 141 pages
File Size : 45,9 Mb
Release : 2015-03-12
Category : Law
ISBN : 9789462650541

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Universal Jurisdiction: The Sierra Leone Profile by Justice Bankole Thompson Pdf

The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country’s profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such criminogenic acts. Hence, a compelling reason for the author to write this book was to provide a seminal scholarly work on the subject articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. It was also to propose necessary substantive and procedural law reforms in the state’s jurisprudence on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant tables and summaries of each chapter. Justice Rosolu J.B. Thompson is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a member of and Presiding Judge in Trial Chamber I of the Special Court for Sierra Leone.

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 : 44,5 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.

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 : 43,7 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 : 43,5 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’.

An Introduction to the International Criminal Court

William Schabas
An Introduction to the International Criminal Court Book PDF

Author : William Schabas
Publisher : Cambridge University Press
Page : 15 pages
File Size : 44,7 Mb
Release : 2007-10-18
Category : Law
ISBN : 9780521881258

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An Introduction to the International Criminal Court by William Schabas Pdf

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.

The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties

Monique Cormier
The Jurisdiction of the International Criminal Court over Nationals of Non States Parties Book PDF

Author : Monique Cormier
Publisher : Cambridge University Press
Page : 273 pages
File Size : 41,7 Mb
Release : 2020-08-20
Category : Law
ISBN : 9781108499309

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The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties by Monique Cormier Pdf

The first book-length work to provide a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties.

The Permanent International Criminal Court

Dominic McGoldrick,Peter Rowe,Eric Donnelly
The Permanent International Criminal Court Book PDF

Author : Dominic McGoldrick,Peter Rowe,Eric Donnelly
Publisher : Hart Publishing
Page : 517 pages
File Size : 50,9 Mb
Release : 2004-03
Category : Law
ISBN : 9781841132815

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The Permanent International Criminal Court by Dominic McGoldrick,Peter Rowe,Eric Donnelly Pdf

This book examines the legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court.