The Concept of Mens Rea in International Criminal Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782250662
Total Pages : 413 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Concept of Mens Rea in International Criminal Law by : Mohamed Elewa Badar

Download or read book The Concept of Mens Rea in International Criminal Law written by Mohamed Elewa Badar and published by Bloomsbury Publishing. This book was released on 2013-01-30 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.

The Fundamental Concept of Crime in International Criminal Law

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Publisher : Springer Science & Business Media
ISBN 13 : 3642282466
Total Pages : 311 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis The Fundamental Concept of Crime in International Criminal Law by : Iryna Marchuk

Download or read book The Fundamental Concept of Crime in International Criminal Law written by Iryna Marchuk and published by Springer Science & Business Media. This book was released on 2013-07-29 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Information Sources in Law

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Publisher : Walter de Gruyter
ISBN 13 : 3110976412
Total Pages : 696 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis Information Sources in Law by : J.R. Winterton

Download or read book Information Sources in Law written by J.R. Winterton and published by Walter de Gruyter. This book was released on 2012-06-21 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of each volume of this series Guides to Information Sources is to reduce the time which needs to be spent on patient searching and to recommend the best starting point and sources most likely to yield the desired information. The criteria for selection provide a way into a subject to those new to the field and assists in identifying major new or possibly unexplored sources to those who already have some acquaintance with it. The series attempts to achieve evaluation through a careful selection of sources and through the comments provided on those sources.

Introduction to International Criminal Law, 2nd Revised Edition

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004231692
Total Pages : 1258 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Introduction to International Criminal Law, 2nd Revised Edition by : M. Cherif Bassiouni

Download or read book Introduction to International Criminal Law, 2nd Revised Edition written by M. Cherif Bassiouni and published by Martinus Nijhoff Publishers. This book was released on 2012-11-09 with total page 1258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by one of the world's pioneers and leading authorities on international criminal law, this text book covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae--sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; the function of the international criminal court; rules of procedure and evidence applicable to international criminal proceedings; and the future of international criminal law. This textbook is fully updated, comprehensive, easy to read, and ideally suited for classroom use. Also available as hardback: isbn 9789004264977

Canadiana

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Publisher :
ISBN 13 :
Total Pages : 1208 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Canadiana by :

Download or read book Canadiana written by and published by . This book was released on 1986 with total page 1208 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Catalogue of the Library of Parliament

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Publisher :
ISBN 13 :
Total Pages : 826 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Catalogue of the Library of Parliament by : Canada. Library of Parliament

Download or read book Catalogue of the Library of Parliament written by Canada. Library of Parliament and published by . This book was released on 1880 with total page 826 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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Author :
Publisher : Editions Bréal
ISBN 13 : 2749523141
Total Pages : 241 pages
Book Rating : 4.7/5 (495 download)

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Book Synopsis by :

Download or read book written by and published by Editions Bréal. This book was released on with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Loss of Control and Diminished Responsibility

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Publisher : Routledge
ISBN 13 : 1317103300
Total Pages : 410 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Loss of Control and Diminished Responsibility by : Alan Reed

Download or read book Loss of Control and Diminished Responsibility written by Alan Reed and published by Routledge. This book was released on 2016-04-22 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of control and diminished responsibility in general. The work includes contributions from leading specialists from different jurisdictions. Divided into two parts, the first provides an analysis from the perspective of the UK, looking at particular concerns such as domestic violence, revenge and mixed motive killings, mistaken beliefs. The second part presents a comparative and international view to provide a wider background of how alternative systems treat issues of human frailty short of full insanity (loss of control, diminished responsibility) in the context of the criminal law.

International Criminal Law, Volume 2: Multilateral and Bilateral Enforcement Mechanisms

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Publisher : BRILL
ISBN 13 : 9047431448
Total Pages : 642 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Criminal Law, Volume 2: Multilateral and Bilateral Enforcement Mechanisms by : M. Cherif Bassiouni

Download or read book International Criminal Law, Volume 2: Multilateral and Bilateral Enforcement Mechanisms written by M. Cherif Bassiouni and published by BRILL. This book was released on 2008-12-31 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4:Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).

Catalogue of Printed Books in the Library of the British Museum

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Publisher :
ISBN 13 :
Total Pages : 1162 pages
Book Rating : 4.:/5 (26 download)

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Book Synopsis Catalogue of Printed Books in the Library of the British Museum by : British Museum. Department of Printed Books

Download or read book Catalogue of Printed Books in the Library of the British Museum written by British Museum. Department of Printed Books and published by . This book was released on 1889 with total page 1162 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Territorial Jurisdiction of the International Criminal Court

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Publisher : Cambridge University Press
ISBN 13 : 1107034272
Total Pages : 379 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Territorial Jurisdiction of the International Criminal Court by : Michalēs Vagias

Download or read book The Territorial Jurisdiction of the International Criminal Court written by Michalēs Vagias and published by Cambridge University Press. This book was released on 2014-10-16 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Vagias analyses the law and procedure surrounding the territorial jurisdiction of the International Criminal Court.

Mens Rea in EU Antitrust Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403523549
Total Pages : 268 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Mens Rea in EU Antitrust Law by : Jan Blockx

Download or read book Mens Rea in EU Antitrust Law written by Jan Blockx and published by Kluwer Law International B.V.. This book was released on 2020-07-09 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the purely economics-based approach to competition law, the central consideration is whether the conduct of undertakings has the effect of restricting competition or not. Such an ‘objective’ approach to antitrust enforcement leaves little room for subjective elements like intentions. But what happens when economic analysis reaches its limits? In this signal contribution, the author invokes the criminal law concept of mens rea, the idea of the ‘guilty mind’, thoroughly evaluating the normative cogency of mens rea evidence in the determination of antitrust infringements. Delving deep into the case law, the author views the subject from the standpoint of a confluence of various areas of law, including: the role of mens rea in the criminal law in France, Germany, and England and Wales; the different types of mens rea (e.g., intent, recklessness, negligence); mens rea in a corporate context; mens rea evidence in United States antitrust law; the notion of the ‘meeting of minds’ in Article 101 TFEU; relevance of intentions in the determination of the object of an agreement or concerted practice; relevance of intentions in the determination of abuse of a dominant position; and the role of mens rea in the determination of fines for antitrust breaches. The author also examines arguments both for and against the use of mens rea evidence in determining whether an antitrust infringement took place and how it should be punished. This is the first full-length assessment of what role mens rea evidence actually plays and should play in competition law even as the tools for antitrust analysis are meant to become increasingly objective. As a thoroughly researched and systematically presented commentary and analysis of the current status of the use of mens rea in antitrust enforcement and how the practice could develop, it is sure to be welcomed by practitioners as well as by policymakers and academics.

Environmental Crime in Europe

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509913998
Total Pages : 385 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Environmental Crime in Europe by : Andrew Farmer

Download or read book Environmental Crime in Europe written by Andrew Farmer and published by Bloomsbury Publishing. This book was released on 2017-12-14 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Environmental crime is a growing challenge for policy makers and law enforcers. This is an important and timely study which examines in depth how environmental crime is treated at national level within the European Union and the impact of the 2008 EU Directive on environmental crime on national systems. It will be required reading by anyone concerned with making environmental law more effective." Richard Macrory, Emeritus Professor, University College London The aim of this important new collection is to explore how environmental crime is controlled and environmental criminal law is shaped and implemented within the European Union and its Member States. It examines the legal framework, looking in particular at Directive 2008/99/EC, and the specific competences of the EU in this domain. In addition, it provides a detailed analysis of environmental criminal law in seven Member States, focusing inter alia on the basic legislation, the way in which environmental pollution is criminalised and the main actors in place to enforce environmental criminal law. In so doing, it provides a much needed explanation of the evolution of environmental criminal law in Europe at Union level and how this is implemented in selected Member States.

Bulletin of the New York Public Library

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Publisher :
ISBN 13 :
Total Pages : 980 pages
Book Rating : 4.X/5 (3 download)

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Book Synopsis Bulletin of the New York Public Library by : New York Public Library

Download or read book Bulletin of the New York Public Library written by New York Public Library and published by . This book was released on 1912 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes its Report, 1896-19 .

List of Works in the New York Public Library Relating to Criminology, Pt. [1]-7

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Publisher :
ISBN 13 :
Total Pages : 476 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis List of Works in the New York Public Library Relating to Criminology, Pt. [1]-7 by : New York Public Library

Download or read book List of Works in the New York Public Library Relating to Criminology, Pt. [1]-7 written by New York Public Library and published by . This book was released on 1911 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Hearings, Reports and Prints of the Senate Committee on the Judiciary

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Publisher :
ISBN 13 :
Total Pages : 1700 pages
Book Rating : 4.:/5 (36 download)

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Book Synopsis Hearings, Reports and Prints of the Senate Committee on the Judiciary by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Hearings, Reports and Prints of the Senate Committee on the Judiciary written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1971 with total page 1700 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fatal Fictions

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Publisher : Oxford University Press
ISBN 13 : 0190610786
Total Pages : 345 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Fatal Fictions by : Alison L. LaCroix

Download or read book Fatal Fictions written by Alison L. LaCroix and published by Oxford University Press. This book was released on 2017 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equipped with a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of law with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government, along with the protection of victims by the prevention of crime. And yet criminal punishment remains one of the most abused and terrifying forms of political power. Second, crime is intensely psychological and therefore an important subject by which a writer can develop and explore character. A third connection between criminal justice and fiction involves the inherently dramatic nature of the legal system itself, particularly the trial. Moreover, the ongoing public conversation about crime and punishment suggests that the time is ripe for collaboration between law and literature in this troubled domain. The essays in this collection span a wide array of genres, including tragic drama, science fiction, lyric poetry, autobiography, and mystery novels. The works discussed include works as old as fifth-century BCE Greek tragedy and as recent as contemporary novels, memoirs, and mystery novels. The cumulative result is arresting: there are "killer wives" and crimes against trees; a government bureaucrat who sends political adversaries to their death for treason before falling to the same fate himself; a convicted murderer who doesn't die when hanged; a psychopathogical collector whose quite sane kidnapping victim nevertheless also collects; Justice Thomas' reading and misreading of Bigger Thomas; a man who forgives his son's murderer and one who cannot forgive his wife's non-existent adultery; fictional detectives who draw on historical analysis to solve murders. These essays begin a conversation, and they illustrate the great depth and power of crime in literature.