Cultural Defences at the International Criminal Court

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Publisher : Routledge
ISBN 13 : 1351718037
Total Pages : 124 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Cultural Defences at the International Criminal Court by : Noelle Higgins

Download or read book Cultural Defences at the International Criminal Court written by Noelle Higgins and published by Routledge. This book was released on 2017-12-22 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural defences, i.e. claims that certain aspects of a defendant’s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.

Intersections of Law and Culture at the International Criminal Court

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1839107308
Total Pages : 456 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Intersections of Law and Culture at the International Criminal Court by : Julie Fraser

Download or read book Intersections of Law and Culture at the International Criminal Court written by Julie Fraser and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Defense in International Criminal Proceedings

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Publisher : BRILL
ISBN 13 : 9047431170
Total Pages : 934 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Defense in International Criminal Proceedings by : Michael Bohlander

Download or read book Defense in International Criminal Proceedings written by Michael Bohlander and published by BRILL. This book was released on 2006-03-21 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of cases and materials attempts for the first time to provide a compendium of the most important legal texts, relevant documents and cases, as well as explanatory commentary on the law of defence in international criminal proceedings by scholars and practitioners who have a wealth of relevant experience in the field. The book provides students in law school courses on international human rights law and ICL with the essential materials to understand the vital importance of an adequate defence in international criminal proceedings. Further, the text gives legal practitioners who may consider extending their field of practice to the international level a look at the diversity of the tasks they will encounter and prepare them for the legal culture shock inevitable at the international tribunals and courts.

The Role of the Defence in International Criminal Justice

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Publisher : Cambridge University Press
ISBN 13 : 1107086671
Total Pages : 629 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Role of the Defence in International Criminal Justice by : Colleen Rohan

Download or read book The Role of the Defence in International Criminal Justice written by Colleen Rohan and published by Cambridge University Press. This book was released on 2017-04-27 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading international practitioners and scholars offer a unique defence perspective on the proper administration of international criminal justice

Defences in Contemporary International Criminal Law

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Publisher : BRILL
ISBN 13 : 9004479627
Total Pages : 335 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Defences in Contemporary International Criminal Law by : Geert-Jan Knoops

Download or read book Defences in Contemporary International Criminal Law written by Geert-Jan Knoops and published by BRILL. This book was released on 2021-10-25 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an area of law so thoroughly politicized, culturally freighted and passionately punitive, there is need for an extraordinary measure of protection for the accused if we are to pay more than lip service to justice. Defenses in Contemporary International Criminal Law ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court. Dr. Knoops' conceptual reach not only includes the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, immunity of States) but also presents a strong case for the incorporation of genetic and neurobiological data into the working assets of the international criminal defense attorney. Published under the Transnational Publishers imprint.

Criminological Approaches to International Criminal Law

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Publisher : Cambridge University Press
ISBN 13 : 1107060036
Total Pages : 371 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Criminological Approaches to International Criminal Law by : Ilias Bantekas

Download or read book Criminological Approaches to International Criminal Law written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2014-11-06 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide to what motivates international crimes and how these are structured and investigated in theory and practice.

International Criminal Justice

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Publisher : Cameron May
ISBN 13 : 1905017448
Total Pages : 506 pages
Book Rating : 4.9/5 (5 download)

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Book Synopsis International Criminal Justice by : Michael Bohlander

Download or read book International Criminal Justice written by Michael Bohlander and published by Cameron May. This book was released on 2007 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.

The Permanent International Criminal Court

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Publisher : Bloomsbury Publishing
ISBN 13 : 184731211X
Total Pages : 514 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Permanent International Criminal Court by : Dominic McGoldrick

Download or read book The Permanent International Criminal Court written by Dominic McGoldrick and published by Bloomsbury Publishing. This book was released on 2004-03-30 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of an International Criminal Court has captured the international legal imagination for over a century. In 1998 it became a reality with the adoption of the Rome Statute. This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court. Detailed consideration is given to the history of war crimes trials and their place in the system of international law,the legal and political significance of a permanent ICC, the legality and legitimacy of war crimes trials, the tensions and conflicts involved in negotiating the ICC Statute, the general principles of legality, the scope of defences, evidential dilemmas, the perspective of victims, the nature and scope of the offences within the ICC's jurisdiction – aggression, genocide, war crimes, crimes against humanity, questions of admissibility and theories of jurisdiction, the principle of complementarity, national implementation of the Statute in a range of jurisdictions, and national and international responses to the ICC. The expert contributors are drawn from a range of national jurisdictions – UK, Sweden, Canada, and Australia. The book blends detailed legal analysis with practical and policy perspectives and offers an authoritative complement to the extensive commentaries on the ICC Statute.

The Oxford Handbook of International Criminal Law

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Publisher : Oxford University Press
ISBN 13 : 0192558889
Total Pages : 896 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Criminal Law by : Darryl Robinson

Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Criminal Law

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Publisher : Oxford International Law Libra
ISBN 13 : 0199689040
Total Pages : 689 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis International Criminal Law by : Roger O'Keefe

Download or read book International Criminal Law written by Roger O'Keefe and published by Oxford International Law Libra. This book was released on 2015 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.--

The Cultural Defense

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Publisher : Oxford University Press, USA
ISBN 13 : 9780195154030
Total Pages : 422 pages
Book Rating : 4.1/5 (54 download)

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Book Synopsis The Cultural Defense by : Alison Dundes Renteln

Download or read book The Cultural Defense written by Alison Dundes Renteln and published by Oxford University Press, USA. This book was released on 2005 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher's description: In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them. An Ibo man from Nigeria sues Pan American World Airways for transporting his mother's corpse in a cloth sack. Her arrival for the funeral face down in a burlap bag signifies death by suicide according to the customs of her Ibo kin, and brings great shame to the son. In Los Angeles, two Cambodian men are prosecuted for attempting to eat a four month-old puppy. The immigrants' lawyers argue that the men were following their own "national customs" and do not realize their conduct is offensive to "American sensibilities." What is the just decision in each case? When cultural practices come into conflict with the law is it legitimate to take culture into account? Is there room in modern legal systems for a cultural defense? In this remarkable book, Alison Dundes Renteln amasses hundreds of cases from the U.S. and around the world in which cultural issues take center stage-from the mundane to the bizarre, from drugs to death. Though cultural practices vary dramatically, Renteln demonstrates that there are discernible patterns to the cultural arguments used in the courtroom. The regularities she uncovers offer judges a starting point for creating a body of law that takes culture into account. Renteln contends that a systematic treatment of culture in law is not only possible, but ultimately more equitable. A just pluralistic society requires a legal system that can assess diverse motivations and can recognize the key role that culture plays in influencing human behavior. The inclusion of evidence of cultural background is necessary for the fair hearing of a case.

An Introduction to the International Criminal Court

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Publisher : Cambridge University Press
ISBN 13 : 1139496603
Total Pages : 595 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis An Introduction to the International Criminal Court by : William A. Schabas

Download or read book An Introduction to the International Criminal Court written by William A. Schabas and published by Cambridge University Press. This book was released on 2011-02-17 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.

International Criminal Tribunals

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Publisher : Cambridge University Press
ISBN 13 : 110712820X
Total Pages : 225 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis International Criminal Tribunals by : Larry May

Download or read book International Criminal Tribunals written by Larry May and published by Cambridge University Press. This book was released on 2017-03-02 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy -- Sovereignty -- Punishment -- Responsibility -- Economics -- Politics -- Evidence -- Fairness -- Concluding remarks

Writing History in International Criminal Trials

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Publisher : Cambridge University Press
ISBN 13 : 1139498266
Total Pages : 273 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Writing History in International Criminal Trials by : Richard Ashby Wilson

Download or read book Writing History in International Criminal Trials written by Richard Ashby Wilson and published by Cambridge University Press. This book was released on 2011-03-07 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted research with judges, prosecutors, defense attorneys and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom. Historical testimony is now an integral part of international trials, with prosecutors and defense teams using background testimony to pursue decidedly legal objectives. In the Slobodan Milošević trial, the prosecution sought to demonstrate special intent to commit genocide by reference to a long-standing animus, nurtured within a nationalist mindset. For their part, the defense called historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinct from those of history, the two are effectively combined in international trials in a way that challenges us to rethink the relationship between law and history.

Taking Economic, Social and Cultural Rights Seriously in International Criminal Law

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Publisher : Cambridge University Press
ISBN 13 : 1107063965
Total Pages : 395 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Taking Economic, Social and Cultural Rights Seriously in International Criminal Law by : Evelyne Schmid

Download or read book Taking Economic, Social and Cultural Rights Seriously in International Criminal Law written by Evelyne Schmid and published by Cambridge University Press. This book was released on 2015-04-02 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evelyne Schmid demonstrates how violations of economic, social and cultural rights can overlap with international crimes.

Defendants and Victims in International Criminal Justice

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Author :
Publisher : Routledge
ISBN 13 : 100003724X
Total Pages : 255 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Defendants and Victims in International Criminal Justice by : Juan Pablo Perez-Leon-Acevedo

Download or read book Defendants and Victims in International Criminal Justice written by Juan Pablo Perez-Leon-Acevedo and published by Routledge. This book was released on 2020-04-29 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.

International and Transnational Criminal Law

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Publisher : Aspen Publishing
ISBN 13 : 1543847102
Total Pages : 1853 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis International and Transnational Criminal Law by : David Luban

Download or read book International and Transnational Criminal Law written by David Luban and published by Aspen Publishing. This book was released on 2023-09-15 with total page 1853 pages. Available in PDF, EPUB and Kindle. Book excerpt: International and Transnational Criminal Law, Fourth Edition, by David J. Luban, Julie R. O’Sullivan, David P. Stewart, and Neha Jain covers both international criminal law and the application of U.S. criminal law transnationally. This comprehensive and versatile book has chapters on each of the core crimes (aggression, genocide, crimes against humanity, and war crimes) as well as terrorism and torture. It has separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. It also covers U.S. criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, trafficking, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and U.S. constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students (as well as government lawyers and private practitioners) with no prior background in this increasingly important field. New to the Fourth Edition: Recent developments in the international tribunals, including the Special Court for the Central African Republic and Colombia’s Special Jurisdiction for Peace. Updates on post-Morrison jurisdictional developments, including new cases and exposition. Expanded treatment of aggression, including coverage of the Russia-Ukraine conflict. Comprehensive revision of the chapter on obtaining evidence abroad, with greater emphasis on difficulties facing defense counsel. Updates on ICC jurisprudence, including developments on command responsibility and criminal defenses. Updated genocide chapter, including a new section on cultural genocide and discussion of the Ukraine v. Russia ICJ litigation. Professors and students will benefit from: Versatility: The book can be used for courses on international criminal law and also for courses on U.S. criminal law applied across borders. Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law. A detailed treatment of “headline” issues including torture, terrorism, war crimes, and the Russia-Ukraine conflict. Readable background on historical context.