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Immunity Of Heads Of State And State Officials For International Crimes
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Book Synopsis Immunity of Heads of State and State Officials for International Crimes by : Ramona Pedretti
Download or read book Immunity of Heads of State and State Officials for International Crimes written by Ramona Pedretti and published by Martinus Nijhoff Publishers. This book was released on 2014-11-26 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ramona Pedretti offers a comprehensive assessment of customary law rules on immunity of Heads of State and other State officials in the context of crimes pursuant to international law and their relationship with core principles of international law.
Book Synopsis Immunity of Heads of State and State Officials for International Crimes by : Ramona Pedretti
Download or read book Immunity of Heads of State and State Officials for International Crimes written by Ramona Pedretti and published by Martinus Nijhoff Publishing. This book was released on 2014-11-26 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ramona Pedretti offers a comprehensive assessment of customary law rules on immunity of Heads of State and other State officials in the context of crimes pursuant to international law and their relationship with core principles of international law.
Book Synopsis UN Security Council Referrals to the International Criminal Court by : Alexandre Skander Galand
Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
Book Synopsis The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law by : Rosanne Van Alebeek
Download or read book The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law written by Rosanne Van Alebeek and published by OUP Oxford. This book was released on 2008-03-06 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of international human rights law and international criminal law has triggered the question whether states and their officials can still shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved. The Pinochet case was the first case that put this issue in the limelight of international attention. Since then, the question has been put to several domestic and international courts, and has engaged the minds of scholars and politicians around the world. This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international human rights law and international criminal law without the simultaneous development of international institutional enforcement mechanisms had brought the question of the role of national courts in the application of these norms to the fore and has made the question as to the relation between immunity rules and human rights and international criminal law an immediate one. The tension between the centuries old immunity rules and the relatively recent developments in international human rights law and international criminal law presents itself in two distinct forms. In the first place it can be questioned whether immunity rules as such are compatible with certain fundamental rights of individuals under international law such as the rights of access to court, the right to a remedy, or the right to effective protection. Secondly, it can be questioned whether immunity rules apply unabridged in proceedings concerning grave human rights abuses. In its examination of these two questions this book sets out to clearly distinguish the different scope and nature of the rule of state immunity, the rule of functional immunity and the personal immunity of diplomatic agents and heads of state. While strong arguments against certain applications of immunity rules can be derived from international human rights law and international criminal law, this book argues that an unqualified attack on immunity rules risks casting a shadow over all human rights based arguments.
Book Synopsis The Rome Statute as Evidence of Customary International Law by : Yudan Tan
Download or read book The Rome Statute as Evidence of Customary International Law written by Yudan Tan and published by BRILL. This book was released on 2021-08-09 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law.
Book Synopsis The Law of State Immunity by : Hazel Fox
Download or read book The Law of State Immunity written by Hazel Fox and published by OUP Oxford. This book was released on 2013-08-29 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
Book Synopsis State Sovereignty and International Criminal Law by : Morten Bergsmo
Download or read book State Sovereignty and International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2012-11-19 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.
Book Synopsis The Cambridge Handbook of Immunities and International Law by : Tom Ruys
Download or read book The Cambridge Handbook of Immunities and International Law written by Tom Ruys and published by Cambridge University Press. This book was released on 2019-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.
Book Synopsis The Position of Heads of State and Senior Officials in International Law by : Joanne Foakes
Download or read book The Position of Heads of State and Senior Officials in International Law written by Joanne Foakes and published by Oxford University Press. This book was released on 2014 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth study of the legal position in international law of heads of state, heads of government and other senior state officials, this book analyses relevant treaties, case law, and custom to set out the law in this area and provide practical guidance.
Book Synopsis International Law in Domestic Courts by : Andre Nollkaemper
Download or read book International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 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.
Book Synopsis The Legal Legacy of the Special Court for Sierra Leone by : Charles C. Jalloh
Download or read book The Legal Legacy of the Special Court for Sierra Leone written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2020-07-16 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the first treaty-based UN international tribunal's judges innovatively applied the law to perpetrators of international crimes in one of the worst conflicts in recent history.
Book Synopsis Human rights and the alien tort statute by :
Download or read book Human rights and the alien tort statute written by and published by American Bar Association. This book was released on with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Prosecuting Heads of State by : Ellen L. Lutz
Download or read book Prosecuting Heads of State written by Ellen L. Lutz and published by Cambridge University Press. This book was released on 2009-03-16 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The meteoric rise in criminal prosecutions of former heads of state is examined for the first time in this probing and engaging narrative.
Book Synopsis State Immunity in International Law by : Xiaodong Yang
Download or read book State Immunity in International Law written by Xiaodong Yang and published by Cambridge University Press. This book was released on 2012-09-27 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Book Synopsis The Rome Statute of the ICC at Its Twentieth Anniversary by : Pavel Šturma
Download or read book The Rome Statute of the ICC at Its Twentieth Anniversary written by Pavel Šturma and published by BRILL. This book was released on 2019-01-03 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents the most up to date topics of international criminal law and discusses possible future developments of the Rome Statute and the International Criminal Court.
Book Synopsis An African Criminal Court by : Dominique Mystris
Download or read book An African Criminal Court written by Dominique Mystris and published by BRILL. This book was released on 2020-11-30 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In An African Criminal Court Dominique Mystris offers insight into the potential contribution of a regional criminal court and its place within the international criminal justice discourse, the African Union and the African Peace and Security Architecture.
Book Synopsis Criminal Immunity of State Officials for Core International Crimes Now and in the Future by : ZHONG Yuxiang
Download or read book Criminal Immunity of State Officials for Core International Crimes Now and in the Future written by ZHONG Yuxiang and published by Torkel Opsahl Academic EPublisher. This book was released on 2014-06-23 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
