ICC Jurisprudence and the Development of International Humanitarian Law

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Publisher : Palgrave Macmillan
ISBN 13 : 9783031459931
Total Pages : 0 pages
Book Rating : 4.4/5 (599 download)

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Book Synopsis ICC Jurisprudence and the Development of International Humanitarian Law by : Martin Faix

Download or read book ICC Jurisprudence and the Development of International Humanitarian Law written by Martin Faix and published by Palgrave Macmillan. This book was released on 2024-05-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how International Humanitarian Law (IHL) has been developed in the jurisprudence and practice of the International Criminal Court (ICC). A partial focus is given to the phenomenon of child soldiering which became symptomatic for the early practice of the ICC. The book provides readers with broad insight into the activity of the ICC. The first part contains chapters focused on the methodology of law-finding before the ICC, i.e., identification, interpretation, and application of the law. The authors address complex issues concerning the mutual relationship between treaty law (Article 8 of the ICC Statute) and customary international (humanitarian) law and explore the relevance of IHRL in the application and interpretation of Article 8 of the Rome Statute. The second part consists of chapters focused on substantive international criminal law. The authors address issues concerning contextual elements of war crimes, passive personal scope of IHL, denying judicial guarantees as a serious breach of IHL, forms of responsibility, and circumstances precluding wrongfulness.

International Humanitarian Law and Justice

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Author :
Publisher : Routledge
ISBN 13 : 135110442X
Total Pages : 232 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis International Humanitarian Law and Justice by : Mats Deland

Download or read book International Humanitarian Law and Justice written by Mats Deland and published by Routledge. This book was released on 2018-10-03 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade, there has been a turn to history in international humanitarian law and its accompanying fields. To examine this historization and to expand the current scope of scholarship, this book brings together scholars from various fields, including law, history, sociology, and international relations. Human rights law, international criminal law, and the law on the use of force are all explored across the text’s four main themes: historiographies of selected fields of international law; evolution of specific international humanitarian law rules in the context of legal gaps and fault lines; emotions as a factor in international law; and how actors can influence history. This work will enhance and broaden readers’ knowledge of the field and serve as an excellent starting point for further research.

Customary International Humanitarian Law

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Publisher : Cambridge University Press
ISBN 13 : 0521808995
Total Pages : 610 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts

Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Rethinking International Law and Justice

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Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472426681
Total Pages : 361 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis Rethinking International Law and Justice by : Professor Charles Sampford

Download or read book Rethinking International Law and Justice written by Professor Charles Sampford and published by Ashgate Publishing, Ltd.. This book was released on 2015-01-28 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection considers how general principles of law and underlying theories of justice from political science and international relations make a significant contribution to our understanding of the constituent elements of global justice. The book explores justice arising in specific areas of international law, including international humanitarian law, and examines the significance of non-state actors for the development of international law. The lessons derived from this research have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice.

Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies

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Publisher : Springer
ISBN 13 : 946265008X
Total Pages : 508 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies by : Derek Jinks

Download or read book Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies written by Derek Jinks and published by Springer. This book was released on 2014-07-01 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: The work analyzes the impact and implementation of international humanitarian law in judicial and quasi judicial bodies. Moreover, acknowledging the high impact domestic jurisdictions have in the configuration of international law, the book does not rest only in an analysis of the international jurisprudence, but delves also into the question of how domestic courts relate to international humanitarian law issues.

The Role of National Courts in Applying International Humanitarian Law

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Publisher : Oxford University Press
ISBN 13 : 0199685428
Total Pages : 240 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Role of National Courts in Applying International Humanitarian Law by : Sharon Weill

Download or read book The Role of National Courts in Applying International Humanitarian Law written by Sharon Weill and published by Oxford University Press. This book was released on 2014-02 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: International humanitarian law is applied across the world in domestic courts. This book investigates how five domestic courts, the UK, US, Canada, Italy, and Israel, have done so, arguing that they show a range of different approaches, from acting as apologists for the use of force to actively promoting international humanitarian law.

Implementing International Humanitarian Law

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Publisher : Psychology Press
ISBN 13 : 9780714684703
Total Pages : 352 pages
Book Rating : 4.6/5 (847 download)

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Book Synopsis Implementing International Humanitarian Law by : Yusuf Aksar

Download or read book Implementing International Humanitarian Law written by Yusuf Aksar and published by Psychology Press. This book was released on 2004 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the international humanitarian law rules and their application by the ad hoc tribunals with regard to the substantive laws of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR).

International Humanitarian Law and the International Red Cross and Red Crescent Movement

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Publisher : Routledge
ISBN 13 : 1317987454
Total Pages : 224 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis International Humanitarian Law and the International Red Cross and Red Crescent Movement by : Aldo Zammit Borda

Download or read book International Humanitarian Law and the International Red Cross and Red Crescent Movement written by Aldo Zammit Borda and published by Routledge. This book was released on 2013-09-13 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a key reference on the role of the Commonwealth and its member states in relation to international humanitarian law (IHL). It provides insights in the implementation of IHL in Commonwealth states and, particularly, the challenges faced by small states. It examines the progressive development of IHL in the Commonwealth and provides an analysis of some of the landmark decisions emerging from the Special Court for Sierra Leone. The book was developed collaboratively between the Commonwealth Secretariat and the International Red Cross and Red Crescent Movement. In this regard, it contains insights in the work of the Secretariat with regard to implementation of IHL and an assessment of legislation enacted by Commonwealth states as well as an accession chart to IHL instruments. It expounds on the work of the Movement, including the role of National Societies, the International Humanitarian Fact-Finding Commission, and the development of international disaster response law, rules and regulation. This book was based on a special issue of Commonwealth Law Bulletin.

Principles of direct and superior responsibility in international humanitarian law

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Publisher : Manchester University Press
ISBN 13 : 152617054X
Total Pages : 181 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis Principles of direct and superior responsibility in international humanitarian law by : Ilias Bantekas

Download or read book Principles of direct and superior responsibility in international humanitarian law written by Ilias Bantekas and published by Manchester University Press. This book was released on 2022-12-20 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available as an ebook for the first time, Bantekas's 2002 title on the forms of criminal responsibility arising from violations of international humanitarian law examines the evolution of personal responsibility and its contemporary application to war crimes, crimes against humanity and genocide. It traces the origin and development of such concepts as direct participation, ordering, complicity and inciting. The work includes extensive analysis of the jurisprudence of the International Criminal Tribunals for Yugoslavia and Rwanda and the International Criminal Court, as well as a variety of other legal material. Hans-Peter Gasser, then editor of the International Review of the Red Cross, describes the book in his Foreword as 'an invaluable contribution to a better understanding of the role that criminal law can play in efforts to enhance respect for the rights of victims of violence and war'. This title in the Melland Schill Studies in International Law series is a useful text for all those who wish to understand the principles of criminal responsibility in international humanitarian law.

Judges, Law and War

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Publisher : Cambridge University Press
ISBN 13 : 1139993151
Total Pages : 395 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Judges, Law and War by : Shane Darcy

Download or read book Judges, Law and War written by Shane Darcy and published by Cambridge University Press. This book was released on 2014-08-07 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and judicial bodies play a formative role in the development of international humanitarian law. Judges, Law and War examines how judicial bodies have influenced the substantive rules and principles of the law of armed conflict, and studies the creation, application and enforcement of this corpus of laws. Specifically, it considers how international courts have authoritatively addressed the meaning and scope of particular rules, the application of humanitarian law treaties and the customary status of specific norms. Key concepts include armed conflicts and protected persons, guiding principles, fundamental guarantees, means and methods of warfare, enforcement and war crimes. Consideration is also given to the contemporary place of judicial bodies in the international law-making process, the challenges presented by judicial creativity and the role of customary international law in the development of humanitarian law.

The Handbook of International Humanitarian Law

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Publisher : OUP Oxford
ISBN 13 : 0191641499
Total Pages : 3934 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Handbook of International Humanitarian Law by : Dieter Fleck

Download or read book The Handbook of International Humanitarian Law written by Dieter Fleck and published by OUP Oxford. This book was released on 2013-08-29 with total page 3934 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated third edition of The Handbook of International Humanitarian Law sets out an international manual of humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. The new edition takes account of recent developments in the law, including the 2010 amendments to the ICC Statute, the progressive evolution of customary law, and new jurisprudence from national and international courts and tribunals. It sheds light on controversial topics like direct participation in hostilities; air and missile warfare; belligerent occupation; operational detention; and the protection of the environment in armed conflict. The book also addresses the growing need to consider the interface between international humanitarian law and human rights, as well as other branches of international law, both during armed conflicts and in post-conflict situations. The commentary both deepens reflection on such innovations, and critically reconsiders views expressed in earlier editions to provide a contemporary analysis of this changing field. Renowned international lawyers offer a broad spectrum of legal opinions, restating the law in this area, which is applicable worldwide. Particular attention is paid to problems of application of the law in recent military campaigns, which are assessed and interpreted in a practice-oriented manner. Based on best-practice rules of global importance, this book gives invaluable guidance to practitioners and scholars of this important body of law.

Elements of War Crimes under the Rome Statute of the International Criminal Court

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Publisher : Cambridge University Press
ISBN 13 : 9781139436540
Total Pages : 588 pages
Book Rating : 4.4/5 (365 download)

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Book Synopsis Elements of War Crimes under the Rome Statute of the International Criminal Court by : Knut Dörmann

Download or read book Elements of War Crimes under the Rome Statute of the International Criminal Court written by Knut Dörmann and published by Cambridge University Press. This book was released on 2003-03-27 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Elements of War Crimes will assist the International Criminal Court (ICC) in the interpretation and application of the articles of the ICC Statute defining the crimes under its jurisdiction. These will not only be necessary for the future work of the ICC in interpreting the crimes provisions, but also for national courts, which have primary responsibility in the prosecution of international crimes under the Rome Statute. This commentary provides a critical insight into the travaux préparatoires of the Preparatory Commission leading to the adoption of the elements of war crimes. It contains an analysis of existing case law related to each war crime in the Statute. It will provide States, judges, prosecutors and international and national lawyers with key background information to implement international humanitarian law in future cases dealing with war crimes under the ICC. A unique, indispensable tool for prosecuting and defense lawyers working in international criminal law.

Testing the Boundaries of International Humanitarian Law

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Publisher : British Institute for International & Comparative Law
ISBN 13 :
Total Pages : 382 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Testing the Boundaries of International Humanitarian Law by : Susan Carolyn Breau

Download or read book Testing the Boundaries of International Humanitarian Law written by Susan Carolyn Breau and published by British Institute for International & Comparative Law. This book was released on 2006 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays comes as the first British Institute of International and Comparative Law publication in the field of international humanitarian law in over a dozen years. This new book explores the important and topical subject of 21st century conflict and the implications for international humanitarian law. The areas covered include in-depth analysis of topical issues such as terrorism and complex security situations, legal fault-lines, contemporary warfare, post-conflict management, and in problems relative to occupation, interrelations between humanitarian law, and human rights. A special section is dedicated to the creation and role of the Iraqi Special Tribunal.

Law-Making and Legitimacy in International Humanitarian Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 180088396X
Total Pages : 488 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Law-Making and Legitimacy in International Humanitarian Law by : Püschmann, Jonas

Download or read book Law-Making and Legitimacy in International Humanitarian Law written by Püschmann, Jonas and published by Edward Elgar Publishing. This book was released on 2021-10-19 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

Principles of International Humanitarian Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781002738
Total Pages : 207 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Principles of International Humanitarian Law by : Jonathan Crowe

Download or read book Principles of International Humanitarian Law written by Jonathan Crowe and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis is a concise and nuanced overview of International Humanitarian Law (IHL). The structure is unusual. While the book reflects the state of the law with accuracy and sobriety, it nevertheless shows the idealist and philosophical ambitions of the authors. Legal issues are often discussed within a wider moral and ethical context. The authors add many basics on human rights and the enforcement of international law, which are not directly relevant for IHL, but ensure the reader understands the wider picture.Õ Ð Marco Sass~li, University of Geneva, Switzerland This book provides a clear and concise explanation of the central principles of international humanitarian law (or the law of armed conflict) while situating them in a broader philosophical, ethical and legal context. The authors consider a range of wider issues relevant to international humanitarian law, including its ethical foundations, relationship to other bodies of international law and contemporary modes of enforcement. This helps to develop a richer context for understanding the law of war and a sound basis for examining the changing nature of contemporary armed conflict. The book also discusses important recent decisions by international courts and tribunals, tracks the historical development of humanitarian principles in warfare and considers the legal position of states, individuals and non-state groups. Principles of International Humanitarian Law is an important resource for students of international humanitarian law and International law academics, as well as international humanitarian law practitioners.

International and National Prosecution of Crimes Under International Law

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Publisher :
ISBN 13 : 9783830501367
Total Pages : 873 pages
Book Rating : 4.5/5 (13 download)

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Book Synopsis International and National Prosecution of Crimes Under International Law by : Dr. Horst Fischer

Download or read book International and National Prosecution of Crimes Under International Law written by Dr. Horst Fischer and published by . This book was released on 2001 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: And Evidence, Jens Peglau

International Humanitarian Law: Origins

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Publisher : BRILL
ISBN 13 : 9047442822
Total Pages : 1162 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Humanitarian Law: Origins by : John Carey

Download or read book International Humanitarian Law: Origins written by John Carey and published by BRILL. This book was released on 2015-01-27 with total page 1162 pages. Available in PDF, EPUB and Kindle. Book excerpt: In three distinct volumes the editors bring together a distinguished group of contributors whose essays chart the history, practice, and future of international humanitarian law. At a time when the war crimes of recent decades are being examined in the International Criminal Tribunals for Former Yugoslavia and Rwanda and a new International Criminal Court is being created as a permanent venue to try such crimes, the role of international humanitarian law is seminal to the functioning of such attempts to establish a just world order. The intent of these volumes is to help to inform where humanitarian law had its origins, how it has been shaped by world events, and why it can be employed to serve the future. The other volumes in this set are International Humanitarian Law: Challenges and International Humanitarian Law: Prospects Published under the Transnational Publishers imprint.