A Theory Of Punishable Participation In Universal Crimes

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A Theory of Punishable Participation in Universal Crimes

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283481282
Total Pages : 744 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis A Theory of Punishable Participation in Universal Crimes by : Terje Einarsen

Download or read book A Theory of Punishable Participation in Universal Crimes written by Terje Einarsen and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-12-07 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Concept of Universal Crimes in International Law (Persian ed.)

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic Epublisher
ISBN 13 : 9788283482027
Total Pages : 0 pages
Book Rating : 4.4/5 (82 download)

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Book Synopsis The Concept of Universal Crimes in International Law (Persian ed.) by : Terje Einarsen

Download or read book The Concept of Universal Crimes in International Law (Persian ed.) written by Terje Einarsen and published by Torkel Opsahl Academic Epublisher. This book was released on 2023-05-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking study by Professor Einarsen 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? The book is the first in a series entitled 'Rethinking the Essentials of International Criminal Law and Transitional Justice' (which also saw 'A Theory of Punishable Participation in Universal Crimes' published in 2018). The book is addressed to all with an interest in international criminal law and related disciplines like human rights, humanitarian law, and transitional justice. It makes an important contribution to a more coherent and practical understanding of international criminal law. The 2023 Persian edition is translated by Dr. Fereydoon Jafari.

Serious International Crimes, Human Rights, and Forced Migration

Author : James C. Simeon
Publisher : Routledge
ISBN 13 : 1000539369
Total Pages : 481 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Serious International Crimes, Human Rights, and Forced Migration by : James C. Simeon

Download or read book Serious International Crimes, Human Rights, and Forced Migration written by James C. Simeon and published by Routledge. This book was released on 2022-02-10 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.

Terrorism and Asylum

Author : James C. Simeon
Publisher : BRILL
ISBN 13 : 9004295992
Total Pages : 442 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Terrorism and Asylum by : James C. Simeon

Download or read book Terrorism and Asylum written by James C. Simeon and published by BRILL. This book was released on 2020-09-25 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism and Asylum, edited by James C. Simeon, thoroughly analyses terrorism’s use in forced displacement, to limit access to asylum, and to exclude persons from refugee protection, while offering practical alternative solutions for advancing human rights and dignity for everyone.

Philosophical Foundations of International Criminal Law

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283481207
Total Pages : 340 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis Philosophical Foundations of International Criminal Law by : Morten Bergsmo

Download or read book Philosophical Foundations of International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2019-02-21 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Exclusion and Refoulement

Author : Joseph Rikhof
Publisher :
ISBN 13 : 9781552216798
Total Pages : 0 pages
Book Rating : 4.2/5 (167 download)

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Book Synopsis Exclusion and Refoulement by : Joseph Rikhof

Download or read book Exclusion and Refoulement written by Joseph Rikhof and published by . This book was released on 2023-09-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the Second World War, human rights law became entrenched in legal discourse as demonstrated by a proliferation of human rights treaties. While the right of asylum was recognized as a fundamental right in the Universal Declaration of Human Rights, it has never been an absolute right but instead has been restricted in various ways -- most significantly, that asylum should not be conferred on criminals and that refugees with a criminal background could be removed from the country of refuge. Exclusion and Refoulement: Criminality in International and Domestic Refugee Lawexamines the legislative instruments at the international and domestic levels as well as the extensive jurisprudence emanating from these instruments, which has attempted to balance the right of asylum for an individual versus the state of refuge to restrict this right in situations of criminality.

The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e

Author :
Publisher : Oxford University Press
ISBN 13 : 0192667203
Total Pages : 2033 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e by :

Download or read book The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e written by and published by Oxford University Press. This book was released on 2024-01-04 with total page 2033 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.

Precursor Crimes of Terrorism

Author : Walker, Clive
Publisher : Edward Elgar Publishing
ISBN 13 : 1788976320
Total Pages : 368 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Precursor Crimes of Terrorism by : Walker, Clive

Download or read book Precursor Crimes of Terrorism written by Walker, Clive and published by Edward Elgar Publishing. This book was released on 2022-01-18 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating book offers a timely assessment of the development and proliferation of precursor crimes of terrorism, exploring the functions and implications of these expanding offences in different jurisdictions. In response to new modes and sources of terrorism, attempts to pre-empt potential attacks through precursor offences have emerged. This book examines not only the meanings and effectiveness of this approach, but also the challenges posed to human rights and social and economic development.

Research Handbook on Child Soldiers

Author : Mark A. Drumbl
Publisher : Edward Elgar Publishing
ISBN 13 : 1788114485
Total Pages : 576 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on Child Soldiers by : Mark A. Drumbl

Download or read book Research Handbook on Child Soldiers written by Mark A. Drumbl and published by Edward Elgar Publishing. This book was released on 2019 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Child soldiers remain poorly understood and inadequately protected, despite significant media attention and many policy initiatives. This Research Handbook aims to redress this troubling gap. It offers a reflective, fresh and nuanced review of the complex issue of child soldiering. The Handbook brings together scholars from six continents, diverse experiences, and a broad range of disciplines. Along the way, it unpacks the life-cycle of youth and militarization: from recruitment to demobilization to return to civilian life. The overarching aim of the Handbook is to render the invisible visible – the contributions map the unmapped and chart new directions. Challenging prevailing assumptions and conceptions, the Research Handbook on Child Soldiers focuses on adversity but also capacity: emphasising the resilience, humanity, and potentiality of children affected (rather than ‘afflicted’) by armed conflict.

The Concept of Universal Crimes in International Law

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081333
Total Pages : 361 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis The Concept of Universal Crimes in International Law by : Terje Einarsen

Download or read book The Concept of Universal Crimes in International Law written by Terje Einarsen and published by Torkel Opsahl Academic EPublisher. This book was released on 2012-08-15 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Punishment and Citizenship

Author : Milena Tripkovic
Publisher : Studies in Penal Theory and Ph
ISBN 13 : 0190848626
Total Pages : 193 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Punishment and Citizenship by : Milena Tripkovic

Download or read book Punishment and Citizenship written by Milena Tripkovic and published by Studies in Penal Theory and Ph. This book was released on 2018-12-24 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal disenfranchisement-the practice of restricting electoral rights following criminal conviction-is the only surviving electoral restriction of adult, mentally competent citizens in contemporary democracies. Despite the strong devotion to the principle of universal suffrage, criminal offenders are still routinely deprived of active and passive franchise, while the justifications for such limitations remain elusive and incoherent. In Punishment and Citizenship, Milena Tripkovic develops an empirical and normative account of criminal disenfranchisement. Starting from historical precedents of such restrictions and examining the current policies of a number of European countries, Tripkovic argues that while criminal disenfranchisement is considered a form of punishment, it should instead be viewed as a citizenship sanction imposed when a citizen fails to perform their role as a member of a political community. In order to determine the justifications of disenfranchisement, Tripkovic explores various citizenship ideals and examines whether criminal offenders comply with the expectations that are posed before them. After developing a theoretical framework of citizenship duties, Tripkovic concludes that very few criminal offenders fail to satisfy fundamental citizenship conditions and exhaustive voting restrictions cannot ultimately be justified. A comprehensive assessment of criminal disenfranchisement, Punishment and Citizenship offers concrete policy suggestions to determine the limited circumstances under which electoral rights could justifiably be withheld from criminal offenders.

The Encyclopedia of Crime and Punishment

Author : Wesley G. Jennings
Publisher : John Wiley & Sons
ISBN 13 : 111851971X
Total Pages : 1452 pages
Book Rating : 4.1/5 (185 download)

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Book Synopsis The Encyclopedia of Crime and Punishment by : Wesley G. Jennings

Download or read book The Encyclopedia of Crime and Punishment written by Wesley G. Jennings and published by John Wiley & Sons. This book was released on 2016-01-19 with total page 1452 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Encyclopedia of Crime and Punishment provides the most comprehensive reference for a vast number of topics relevant to crime and punishment with a unique focus on the multi/interdisciplinary and international aspects of these topics and historical perspectives on crime and punishment around the world. Named as one of Choice's Outstanding Academic Titles of 2016 Comprising nearly 300 entries, this invaluable reference resource serves as the most up-to-date and wide-ranging resource on crime and punishment Offers a global perspective from an international team of leading scholars, including coverage of the strong and rapidly growing body of work on criminology in Europe, Asia, and other areas Acknowledges the overlap of criminology and criminal justice with a number of disciplines such as sociology, psychology, epidemiology, history, economics, and public health, and law Entry topics are organized around 12 core substantive areas: international aspects, multi/interdisciplinary aspects, crime types, corrections, policing, law and justice, research methods, criminological theory, correlates of crime, organizations and institutions (U.S.), victimology, and special populations Organized, authored and Edited by leading scholars, all of whom come to the project with exemplary track records and international standing 3 Volumes www.crimeandpunishmentencyclopedia.com

The Participation of Victims in International Criminal Proceedings

Author : Alessandra Cuppini
Publisher : Taylor & Francis
ISBN 13 : 1000686698
Total Pages : 195 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis The Participation of Victims in International Criminal Proceedings by : Alessandra Cuppini

Download or read book The Participation of Victims in International Criminal Proceedings written by Alessandra Cuppini and published by Taylor & Francis. This book was released on 2022-09-30 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the expressivist justice model provides a meaningful foundation for the participation of victims in international criminal proceedings. Traditional criminal justice theories have tended to marginalise the role afforded to victims while informing the criminal procedures utilised by international criminal courts. As a result, giving content to, shaping, and enhancing victims’ participatory rights have been some of the most debated issues in international criminal justice. This book contributes to this debate by advancing expressivism, which has the capacity to create a historical narrative of gross human rights violations, as a core of international criminal justice able to provide a worthwhile basis for the participation of victims in proceedings and clarifying the scope and content of their participatory rights. The work provides an in-depth discussion on issues related to victims’ participatory rights from the perspective of international human rights law, victimology, and the philosophical foundation of international criminal justice. The book will be a valuable resource for researchers, academics, and policymakers working in the areas of international criminal justice, international human rights law, transitional justice, and conflict studies.

Treatise on International Criminal Law

Author : Kai Ambos
Publisher : OUP Oxford
ISBN 13 : 0191648868
Total Pages : 520 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Treatise on International Criminal Law by : Kai Ambos

Download or read book Treatise on International Criminal Law written by Kai Ambos and published by OUP Oxford. This book was released on 2013-01-24 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume Treatise on International Criminal Law presents a foundational, systematic, consistent and comprehensive analysis of international criminal law. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This first volume addresses the foundations of international criminal law and the emerging general principles. It examines the history of the discipline and the concepts behind it. Looking at the sources of international criminal law, the book then moves to investigate the general structure of crime in international criminal law, and to address in detail the role played by the concept of individual criminal responsibility. The subjective requirements of criminal responsibility are examined, and also those defences that exclude such responsibility. The full three-volume treatise will address the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It will be essential reading for practitioners, scholars, and students of international criminal law alike.

Pluralism in International Criminal Law

Author : Elies van Sliedregt
Publisher : Oxford University Press
ISBN 13 : 0198703198
Total Pages : 481 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Pluralism in International Criminal Law by : Elies van Sliedregt

Download or read book Pluralism in International Criminal Law written by Elies van Sliedregt and published by Oxford University Press. This book was released on 2014-02 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Collection of papers presented at the conference "Pluralism v Harmonization: National Adjudication of International Crimes" that was held in June 2012 in Amsterdam"--Acknowlegements.

Crime, Shame and Reintegration

Author : John Braithwaite
Publisher : Cambridge University Press
ISBN 13 : 9780521356688
Total Pages : 242 pages
Book Rating : 4.3/5 (566 download)

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Book Synopsis Crime, Shame and Reintegration by : John Braithwaite

Download or read book Crime, Shame and Reintegration written by John Braithwaite and published by Cambridge University Press. This book was released on 1989-03-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.

Transforming International Criminal Justice

Author : Mark J. Findlay
Publisher : Routledge
ISBN 13 : 1317436687
Total Pages : 428 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Transforming International Criminal Justice by : Mark J. Findlay

Download or read book Transforming International Criminal Justice written by Mark J. Findlay and published by Routledge. This book was released on 2005-06-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities