Domesticating International Criminal Law

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000886433
Total Pages : 285 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Domesticating International Criminal Law by : Florian Jeßberger

Download or read book Domesticating International Criminal Law written by Florian Jeßberger and published by Taylor & Francis. This book was released on 2023-06-01 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the "Völkerstrafgesetzbuch", 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice. Following the adoption of the ICC Statute, many States, including Germany with the "Völkerstrafgesetzbuch", introduced specific legislation to incorporate international criminal law into their domestic legal systems and a considerable number of them have been investigating and prosecuting war crimes, crimes against humanity, genocide, and even aggression ever since. Twenty-five years later, however, the process is not completed as other countries, like Italy, are still working on adopting provisions on international crimes. This book opens with a broad overview of the different approaches of the domestication of international criminal law, with a specific focus on the German and the Italian systems. After an assessment of the prerequisites for the domestic implementation of international criminal law, also from a constitutional law perspective, each chapter offers an in-depth analysis of a specific issue, such as: the definition of international crimes (genocide and crimes against humanity, war crimes and aggression); the applicability of and exceptions to the general principles of domestic criminal law; the regulation of individual criminal responsibility; sanctions and sentencing; as well as procedural aspects related to immunities, jurisdiction and prosecutorial discretion. The strong academic perspective of many authors is complemented by an equally strong practitioner perspective of the others, provided by legal scholars in the highest positions in international and national judicial institutions, resulting in a well-informed and critical appraisal of the most recent developments overall in the international criminal justice system. Domesticating International Criminal Law will be of great interest to legal scholars and students, as well as practitioners with an interest in comparative and international law, international criminal law and international relations.

States of Justice

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Publisher : Cambridge University Press
ISBN 13 : 1108806082
Total Pages : 207 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis States of Justice by : Oumar Ba

Download or read book States of Justice written by Oumar Ba and published by Cambridge University Press. This book was released on 2020-07-02 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.

Eyes Off the Prize

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Publisher : Cambridge University Press
ISBN 13 : 9780521531580
Total Pages : 320 pages
Book Rating : 4.5/5 (315 download)

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Book Synopsis Eyes Off the Prize by : Carol Elaine Anderson

Download or read book Eyes Off the Prize written by Carol Elaine Anderson and published by Cambridge University Press. This book was released on 2003-04-21 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was first published in 2003. As World War II drew to a close and the world awakened to the horror wrought by white supremacists in Nazi Germany, African American leaders, led by the NAACP (National Association for the Advancement of Colored People), sensed the opportunity to launch an offensive against the conditions of segregation and inequality in America. The 'prize' they sought was not civil rights, but human rights. Only the human rights lexicon, shaped by the Holocaust and articulated by the United Nations, contained the language and the moral power to address not only the political and legal inequality but also the education, health care, housing, and employment needs that haunted the black community. But the onset of the Cold War and rising anti-communism allowed powerful Southerners to cast those rights as Soviet-inspired. Thus the Civil Rights Movement was launched with neither the language nor the mission it needed to truly achieve black equality.

Contested Justice

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Publisher : Cambridge University Press
ISBN 13 : 1316483266
Total Pages : 525 pages
Book Rating : 4.3/5 (164 download)

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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.

International Crimes in National Regulations of Selected States

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Publisher : Wydawnictwo Instytutu Wymiaru Sprawiedliwości
ISBN 13 : 8367149254
Total Pages : 286 pages
Book Rating : 4.3/5 (671 download)

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Book Synopsis International Crimes in National Regulations of Selected States by : Patrycja Grzebyk

Download or read book International Crimes in National Regulations of Selected States written by Patrycja Grzebyk and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The analysis of national systems shows that states do not follow a single legislative model to govern criminal responsibility for international crimes at the national level, and often face doubts as to how far they are only expected to copy international constructions, and how far they should modify treaty or customary international law solutions to adapt them to their specific needs or legal culture. In the presented texts, the reader will find a range of commentaries on the definition of crimes, the rules of jurisdiction, the rules of responsibility, as well as difficulties in the framing of specific crimes within a judgement. The texts refer to the practice of national courts as well as international and internationalized courts. The authors of this publication hope that showing various national perspectives, political and – at times – cultural impacts on certain legal solutions will both facilitate understanding of the doubts as to the current form of international law norms and the system of international justice now in operation, and enable learning lessons for the future directions of amendments to national legislations, so that errors or difficulties once encountered in some countries could be turned into more robust legal constructions in others.

Research Handbook on the Politics of International Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783473983
Total Pages : 609 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on the Politics of International Law by : Wayne Sandholtz

Download or read book Research Handbook on the Politics of International Law written by Wayne Sandholtz and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.

International Criminal Tribunals and Domestic Accountability

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Publisher : Oxford University Press
ISBN 13 : 0198868847
Total Pages : 369 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis International Criminal Tribunals and Domestic Accountability by : Labuda

Download or read book International Criminal Tribunals and Domestic Accountability written by Labuda and published by Oxford University Press. This book was released on 2023-05-23 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level. Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, this book develops a tripartite framework to analyse how states and tribunals work with, despite, or against one another in the fight against impunity. While international prosecutors and judges use the principle of complementarity to foster cooperation and decrease tension with government actors, Patryk I. Labuda argues that too much deference by ICTs toward states reduces the likelihood of accountability and may enable national elites to consolidate authoritarian power. By interrogating how international accountability stakeholders relate to their domestic counterparts, International Criminal Tribunals and Domestic Accountability advocates improvements to ICTs' institutional design and more dynamic interactions with states to strengthen the enforcement of international criminal law.

Criminalizing Atrocity

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Publisher : Oxford University Press
ISBN 13 : 0192590960
Total Pages : 253 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Criminalizing Atrocity by : Mark S. Berlin

Download or read book Criminalizing Atrocity written by Mark S. Berlin and published by Oxford University Press. This book was released on 2020-03-25 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do countries adopt criminal legislation making it possible to prosecute government and military officials for human rights violations? Over the past thirty years, dozens of countries have prosecuted their own or other states' officials for past atrocities. In Criminalizing Atrocity, Mark Berlin tells the story of the global spread of national criminal laws against atrocity crimes - genocide, war crimes, and crimes against humanity - laws that have helped pave the way for this remarkable trend toward greater accountability. He traces the early 20th-century origins of national atrocity laws to a group of influential European criminal law scholars and explains the global patterns by which these laws have since spread. Berlin shows that understanding why countries criminalize atrocities requires understanding how they do so. In many cases, criminalization has not been the result of concerted government initiative, but of inconspicuous choices made by technocratic legal experts who have been delegated authority to draft large-scale reforms to countries' national criminal codes. Drawing on research in comparative law and norm diffusion, Berlin explains how such reform projects prompt technocratic drafters to select legal ideas, like atrocity laws, that have been endorsed by their professional communities and deemed by drafters to be important features of a ''modern'' criminal code. To test this argument, Berlin draws on original quantitative and qualitative data, including in-depth case studies of Guatemala, Poland, Colombia, and the Maldives, and a new, comprehensive dataset tracking the global spread of atrocity laws since Word War II. The book's findings highlight the importance of professional communities in the modern renaissance of atrocity justice and the domestication of international legal norms.

Historical Origins of International Criminal Law

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Author :
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480162
Total Pages : 998 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis Historical Origins of International Criminal Law by : Morten Bergsmo

Download or read book Historical Origins of International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-11-19 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Human Rights Law in Africa & Domestic Human Rights Law in Africa

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Author :
Publisher : BRILL
ISBN 13 : 9004531998
Total Pages : 875 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis International Human Rights Law in Africa & Domestic Human Rights Law in Africa by : Christof Heyns

Download or read book International Human Rights Law in Africa & Domestic Human Rights Law in Africa written by Christof Heyns and published by BRILL. This book was released on 2022-11-14 with total page 875 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this reference work is to make African human rights law accessible to all those involved in or interested in human rights law on the continent in order to strengthen its impact. Primary documents are introduced and reproduced and presented in a coherent framework. The main institutions - public and private - dealing with human rights in Africa are identified and discussed. Comprehensive overviews of the international human rights legal regimes applicable to Africa, as well as country reports are provided. This book tries to contribute towards documenting, systemising and anchoring the African human rights system. The print edition is available as a set of two volumes (9789004138810).

Criminalizing Atrocity

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Publisher :
ISBN 13 : 0198850441
Total Pages : 267 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Criminalizing Atrocity by : Mark S. Berlin

Download or read book Criminalizing Atrocity written by Mark S. Berlin and published by . This book was released on 2020 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to systematically examine why countries adopt laws criminalizing genocide, war crimes, and crimes against humanity.

International Law in Domestic Courts

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Publisher :
ISBN 13 : 0198739745
Total Pages : 769 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law in Domestic Courts by : André Nollkaemper

Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Complementarity, Catalysts, Compliance

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Publisher : Cambridge University Press
ISBN 13 : 1108472486
Total Pages : 389 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Complementarity, Catalysts, Compliance by : Christian M. De Vos

Download or read book Complementarity, Catalysts, Compliance written by Christian M. De Vos and published by Cambridge University Press. This book was released on 2020-04-23 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.

The Princeton Principles on Universal Jurisdiction

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Publisher :
ISBN 13 : 9780971185906
Total Pages : 67 pages
Book Rating : 4.1/5 (859 download)

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Book Synopsis The Princeton Principles on Universal Jurisdiction by : Stephen Macedo

Download or read book The Princeton Principles on Universal Jurisdiction written by Stephen Macedo and published by . This book was released on 2001 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Universal Jurisdiction in Modern International Law

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Publisher : Intersentia nv
ISBN 13 : 9050953662
Total Pages : 286 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Universal Jurisdiction in Modern International Law by : Mitsue Inazumi

Download or read book Universal Jurisdiction in Modern International Law written by Mitsue Inazumi and published by Intersentia nv. This book was released on 2005 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Prosecuting International Crimes

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139443690
Total Pages : 393 pages
Book Rating : 4.1/5 (394 download)

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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.

HAGUE YEARBOOK OF INTERNATIONAL LAW, 2021

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004544798
Total Pages : 245 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis HAGUE YEARBOOK OF INTERNATIONAL LAW, 2021 by : BRILL.

Download or read book HAGUE YEARBOOK OF INTERNATIONAL LAW, 2021 written by BRILL. and published by Martinus Nijhoff Publishers. This book was released on 2023 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: