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Judges And The Making Of International Criminal Law
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Book Synopsis Judges and the Making of International Criminal Law by : Joseph Powderly
Download or read book Judges and the Making of International Criminal Law written by Joseph Powderly and published by BRILL. This book was released on 2020-06-08 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.
Book Synopsis The Making of International Criminal Justice by : Theodor Meron
Download or read book The Making of International Criminal Justice written by Theodor Meron and published by OUP Oxford. This book was released on 2012-09-13 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been a quiet revolution over the course of the past quarter century in the prosecution of individuals for war crimes before international courts. Until recently, and with a few notable exceptions in the wake of World War II, violations of the laws of war and international humanitarian law were addressed primarily as claims between states. However, this approach has changed radically in just the last twenty years, as the international community has increasingly accepted the idea of individual criminal responsibility for violations of international humanitarian law. The International Criminal Tribunals for the former Yugoslavia and Rwanda have played a key role in this transformation and, as the trailblazers for a growing number of new international or hybrid criminal courts, in establishing the field of international criminal justice and encouraging the national prosecution of war crimes. Understanding the Tribunals' origins, their ground-breaking jurisprudence, and how they have addressed critical legal and practical challenges is essential to understanding both the revolution that has occurred over the past twenty years and how international criminal law will change and grow in the years ahead. As a leading scholar on humanitarian law, past President of the International Criminal Tribunal for the former Yugoslavia, and Appeals Judge for both the Yugoslavia and Rwanda Tribunals, Theodor Meron has observed and influenced the development of international criminal law as it has evolved from a mostly academic exercise to a cornerstone of the new international legal order. In this collection of speeches delivered during his first decade on the bench, he offers an insightful overview of the foundations of international criminal law as well as a unique, insider's perspective on the challenges faced by international criminal tribunals, their creation of a corpus of substantive and procedural law regarding everything from sentencing and self-representation to the law of genocide and the protection of prisoners of war, the contributions of other international courts, and the responsibilities of international jurists. Judge Meron's personal reflections and unparalleled experience in international criminal justice make this volume as rewarding for experts as it is for the general public.
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.
Book Synopsis International Criminal Law by : M. Cherif Bassiouni
Download or read book International Criminal Law written by M. Cherif Bassiouni and published by BRILL. This book was released on 2008 with total page 763 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victimsa (TM) Rights in International Law).
Download or read book Judgment Day written by Rosa Aloisi and published by Cambridge University Press. This book was released on 2017-06-16 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how international tribunal judges expand human rights protections and ensure the legacy of international justice.
Book Synopsis The Emerging Practice of the International Criminal Court by : Carsten Stahn
Download or read book The Emerging Practice of the International Criminal Court written by Carsten Stahn and published by BRILL. This book was released on 2009 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
Book Synopsis International Criminal Justice by : Gideon Boas
Download or read book International Criminal Justice written by Gideon Boas and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.
Book Synopsis The International Criminal Court by : Roy S. K. Lee
Download or read book The International Criminal Court written by Roy S. K. Lee and published by Martinus Nijhoff Publishers. This book was released on 1999-09-06 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, Roy S. Lee.
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.
Book Synopsis Principles of International Criminal Law by : Gerhard Werle
Download or read book Principles of International Criminal Law written by Gerhard Werle and published by OUP Oxford. This book was released on 2014-08-14 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.
Download or read book Judgment Day written by Rosa Aloisi and published by Cambridge University Press. This book was released on 2017-06-16 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how, after many years of inactivity after the World War II tribunals, judges at the Yugoslav, Rwanda and Sierra Leone tribunals, and to a lesser extent the International Criminal Court, have seized the opportunity to develop international law on war crimes, crimes against humanity and genocide. Meernik and Aloisi argue that judges are motivated by a concern for human rights protection and the legacy of international criminal justice. They have progressively expanded the reach of international law to protect human rights and have used the power of their own words to condemn human rights atrocities. Judges have sentenced the guilty to lengthy and predictable terms in prison to provide justice, deterrence of future violations and even to advance peace and reconciliation. On judgment day, we show that judges have sought to enhance the power of international justice.
Book Synopsis Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege by : Thomas Rauter
Download or read book Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege written by Thomas Rauter and published by Springer. This book was released on 2017-09-05 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?
Book Synopsis International Criminal Procedure by : Göran Sluiter
Download or read book International Criminal Procedure written by Göran Sluiter and published by OUP Oxford. This book was released on 2013-03-21 with total page 1720 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.
Book Synopsis Judicial Creativity at the International Criminal Tribunals by : Shane Darcy
Download or read book Judicial Creativity at the International Criminal Tribunals written by Shane Darcy and published by Oxford University Press. This book was released on 2010-12-16 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the work of the International Criminal Tribunals for the Former Yogoslavia and Rwanda draws to a close, this edited collection appraises their impact. It particularly focuses on the position of judges as lawmakers within these tribunals, shedding light on the profound changes in international criminal law which these judges have instigated.
Book Synopsis The International Criminal Court in Turbulent Times by : Gerhard Werle
Download or read book The International Criminal Court in Turbulent Times written by Gerhard Werle and published by Springer. This book was released on 2019-06-29 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters in this book are reworkings of presentations given during a conference held in 2018 at the German Embassy to the Netherlands in The Hague on the occasion of the 20th anniversary of the adoption of the Rome Statute. They provide an in-depth analysis of major points of contention the International Criminal Court (ICC) is currently facing, such as, inter alia, head of state immunities, withdrawal from the Rome Statute, the exercise of jurisdiction vis-à-vis third-party nationals, the activation of the Court’s jurisdiction regarding the crime of aggression, as well as the relationship of the Court with both the Security Council and the African Union, all of which are issues that have a continued relevance and carry a particular controversy. The collection provides insights from both practitioners, including judges of the ICC, and diplomats who participated in the negotiations leading to the adoption of the Rome Statute, as well as well-known academics from various parts of the world working in the field of international criminal law. The aim of the book is not only to inform and stimulate academic debate on the topic, but also to serve as an instrument for lawyers involved in the practice of international criminal law. Gerhard Werle is Professor at the Faculty of Law of the Humboldt-University in Berlin, Germany and Andreas Zimmermann is Professor at the Faculty of Law of the University of Potsdam in Germany. Jürgen Bering, who worked on this book as assistant editor, is an Associate at Dentons, Berlin and a PhD candidate at the Martin Luther University, Halle-Wittenberg, Germany.
Book Synopsis Africa and the International Criminal Court by : Gerhard Werle
Download or read book Africa and the International Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2014-09-09 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.
Book Synopsis The Law and Practice of the International Criminal Court by : Carsten Stahn
Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
