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Conscience Of Prosecutors In International Criminal Law
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Book Synopsis Conscience of Judges in International Criminal Law by : Farhad Malekian
Download or read book Conscience of Judges in International Criminal Law written by Farhad Malekian and published by . This book was released on 2022 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the author, a judge is a person with a high ethical and moral capacity who respects their position. When we think of a court, we think about a place where we confront the truth, where every single individual, every judge and prosecutor, every victim and witness, and every accused person, offender, and the condemned, come together to reveal the naked truth. The main objective of criminal proceedings is to uphold a pure juridical system with full ethical conscience in order to protect the rights of all individuals, including members of the general public. Judges of criminal courts are required to be independent in order to pursue the truth and uphold judicial conscience, which is itself an institution based on the professional values of criminal justice. A judge with ample judicial conscience should not be afraid of being attacked or losing their position if they work to uphold and uncover the truth. This implies the independent freedom of judicial justice. If justice is safe, then the safety of the victims and the accused will also be guaranteed. That is why confidence in the professional standards of the ethical requirements of judges of national criminal courts or of the International Criminal Court is heavily contingent upon the judges' honesty, which in turn relates to their practical experiences and ought to be based on the knowledge of the essence of humanity. Professional ethics are particularly vital when evaluating diverse values and the very question of the existence of pluralist systems of national and international criminal justice which deal with core international crimes. The intention of this work is to assess the way in which our administration of national and international criminal justice requires judges to be impartial, pursue the truth, and not be the puppets of ventriloquist politicians.
Book Synopsis Shocking the Conscience of Humanity by : Margaret M. DeGuzman
Download or read book Shocking the Conscience of Humanity written by Margaret M. DeGuzman and published by . This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The literature and jurisprudence of international criminal law relies on the claim that international crimes are exceptionally grave. They 'shock the conscience of humanity'. They are 'atrocities'. Yet what makes international crimes especially grave is rarely explained. Addressing the balance, Margaret DeGuzman explains what affect the historical occurrences that led to the heavy reliance on the concept of gravity, including the atrocities of the World War II era, and the crimes of Yugoslavia and Rwanda, had on international law. DeGuzman demonstrates how, in later decades, gravity has been used to obscure controversial value choices. This book looks to build the legitimacy of the international criminal law regime by exposing the value choices that the rhetoric of 'gravity' entails, and poses a new framework for assessing the legitimacy of international criminal law. Instead of solely relying on 'gravity', DeGuzman looks to wider values to ensure the continued legitimacy of international criminal law.
Book Synopsis Judges and the Making of International Criminal Law by : Joseph Powderly
Download or read book Judges and the Making of International Criminal Law written by Joseph Powderly and published by Leiden Studies on the Frontier. This book was released on 2020 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.
Download or read book Digital Witness written by Sam Dubberley and published by . This book was released on 2020 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers the developing field of open source research and discusses how to use social media, satellite imagery, big data analytics, and user-generated content to strengthen human rights research and investigations. The topics are presented in an accessible format through extensive use of images and data visualization.
Book Synopsis The Politics of International Criminal Law by : Holly Cullen
Download or read book The Politics of International Criminal Law written by Holly Cullen and published by BRILL. This book was released on 2020-12-15 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
Book Synopsis Commentary on the Law of the International Criminal Court by : Mark Klamberg
Download or read book Commentary on the Law of the International Criminal Court written by Mark Klamberg and published by Torkel Opsahl Academic EPublisher. This book was released on 2017-04-29 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The International Criminal Court by : Marlies Glasius
Download or read book The International Criminal Court written by Marlies Glasius and published by Routledge. This book was released on 2006-03-29 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?
Book Synopsis The Right to Be Present at Trial in International Criminal Law by : Caleb H. Wheeler
Download or read book The Right to Be Present at Trial in International Criminal Law written by Caleb H. Wheeler and published by BRILL. This book was released on 2018-10-08 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused’s presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future.
Book Synopsis Prosecuting International Crimes by : Robert Cryer
Download or read book Prosecuting International Crimes written by Robert Cryer and published by Cambridge University Press. This book was released on 2005-06-30 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.
Book Synopsis Principles of International Criminal Law by : Gerhard Werle
Download or read book Principles of International Criminal Law written by Gerhard Werle and published by Oxford University Press. This book was released on 2014 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.
Book Synopsis United States Attorneys' Manual by : United States. Department of Justice
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Legacy of Nuremberg by : David A. Blumenthal
Download or read book The Legacy of Nuremberg written by David A. Blumenthal and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australia's post-World War Two war crimes trials of Japanese defendants, Australia's extensive national case law on Article 1(F) of the Refugee Convention and Australia's national implementing legislation for the Rome Statute.
Book Synopsis Conscience of Prosecutors in International Criminal Law by : Farhad Malekian
Download or read book Conscience of Prosecutors in International Criminal Law written by Farhad Malekian and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evaluates the resting pulse of national and international criminal justice in conjunction with the actual definition of the truth which burdens prosecutors. Prosecutors have several valuable, yet inconspicuous tasks which are significant to criminal procedure. In criminal justice, the conscience of justice is based on the pursuit of the truth by following the evidence. As a rule of genuine judgment, we seek to discuss the principle of truth and its enforcement in the proceedings of criminal justice. The perception of moral law and its imperative function governing the theory of ethical obligations, responsibilities, and duties of the prosecutor in the criminal jurisdiction therefore represent the primary starting point for all of our judgments. Prosecutors should actively ensure that both powerful and powerless criminals are brought to justice. The main objective of the statute of the permanent International Criminal Court (ICC) claims to uphold the high moral precedent which must be set by the Office of the Prosecutor. However, the actual practice of the ICC has instead led to millions of deaths, including those of innocent children, as well as to the destruction of countries whose protection is not considered to be in "the interest of justice". If the ICC wishes to establish justice for victims, then the deterrence of impunity for any criminal should be its priority. The ICC should not become a pawn of the political superpowers or the platform through which prosecutors can misuse classified documents to serve their personal interests. The ultimate nature of justice cannot be comprehensive if impartial validity is not the permanent foundation of the core pillars in all criminal proceedings. This book is recommended to anyone who concerns themselves with legal questions of international criminal justice and its efficacy.
Book Synopsis International Criminal Law in Context by : Philipp Kastner
Download or read book International Criminal Law in Context written by Philipp Kastner and published by Routledge. This book was released on 2017-10-20 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law and Practice of the International Criminal Court by : Carsten Stahn
Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Book Synopsis Contested Justice by : Christian De Vos
Download or read book Contested Justice written by Christian De Vos and published by Cambridge University Press. This book was released on 2015-12-18 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.
Book Synopsis Prosecutors and Democracy by : Máximo Langer
Download or read book Prosecutors and Democracy written by Máximo Langer and published by Cambridge University Press. This book was released on 2017-10-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first sustained, scholarly examination of the relationship between prosecutors and democracy from a cross-national, cross-disciplinary perspective. Written by a team of internationally distingushed contributors, this is an ideal resource for legal scholars and reformers, political philosophers, and social scientists.
