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Justification And Excuse In International Law
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Book Synopsis Justification and Excuse in International Law by : Federica Paddeu
Download or read book Justification and Excuse in International Law written by Federica Paddeu and published by Cambridge University Press. This book was released on 2018-01-11 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: The defences available to an agent accused of wrongdoing can be considered as justifications (which render acts lawful) or excuses (which shield the agent from the legal consequences of the wrongful act). This distinction is familiar to many domestic legal systems, and tracks analogous notions in moral philosophy and ordinary language. Nevertheless, it remains contested in some domestic jurisdictions where it is often argued that the distinction is purely theoretical and has no consequences in practice. In international law too the distinction has been fraught with controversy, though there are increasing calls for its recognition. This book is the first to comprehensively and thoroughly examine the distinction and its relevance to the international legal order. Combining an analysis of state practice, and historical, doctrinal and theoretical developments, the book shows that the distinction is not only possible in international law but that it is also one that would have important practical implications.
Book Synopsis The Doctrine of Necessity in International Law by : Burleigh Cushing Rodick
Download or read book The Doctrine of Necessity in International Law written by Burleigh Cushing Rodick and published by . This book was released on 1928 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the extent to which the doctrine of necessity in international law possesses legal validity and also the extent to which lawful limitations may be imposed.
Book Synopsis General Defences to Breaches of International Law by : Federica Isabella Paddeu
Download or read book General Defences to Breaches of International Law written by Federica Isabella Paddeu and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Annemieke van Verseveld Publisher :Springer Science & Business Media ISBN 13 :9067048674 Total Pages :191 pages Book Rating :4.0/5 (67 download)
Book Synopsis Mistake of Law by : Annemieke van Verseveld
Download or read book Mistake of Law written by Annemieke van Verseveld and published by Springer Science & Business Media. This book was released on 2012-08-28 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.
Book Synopsis International Law and New Wars by : Christine Chinkin
Download or read book International Law and New Wars written by Christine Chinkin and published by Cambridge University Press. This book was released on 2017-04-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Book Synopsis Defending Humanity by : George P. Fletcher
Download or read book Defending Humanity written by George P. Fletcher and published by Oxford University Press on Demand. This book was released on 2008-03-18 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: Murder among nations -- How to talk about self-defense -- A theory of legitimate defense -- The six elements of legitimate defense -- Excusing international aggression -- Humanitarian intervention -- Preemptive and preventitive wars -- The collective dimension of war.
Book Synopsis Necessity in International Law by : Jens David Ohlin
Download or read book Necessity in International Law written by Jens David Ohlin and published by Oxford University Press. This book was released on 2016-09-08 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.
Book Synopsis Necessity and Proportionality and the Right of Self-Defence in International Law by : Chris O'Meara
Download or read book Necessity and Proportionality and the Right of Self-Defence in International Law written by Chris O'Meara and published by Oxford University Press. This book was released on 2021-03-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.
Book Synopsis Genocide in International Law by : William Schabas
Download or read book Genocide in International Law written by William Schabas and published by Cambridge University Press. This book was released on 2009-02-19 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2000.
Book Synopsis Defending Humanity by : George P. Fletcher
Download or read book Defending Humanity written by George P. Fletcher and published by Oxford University Press. This book was released on 2013-02-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.
Book Synopsis Responsibility and Psychopathy by : Luca Malatesti
Download or read book Responsibility and Psychopathy written by Luca Malatesti and published by Oxford University Press. This book was released on 2010-08-19 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discussion of whether psychopaths are morally responsible for their behaviour has long taken place in philosophy. In recent years this has moved into scientific and psychiatric investigation. Responsibility and Psychopathy discusses this subject from both the philosophical and scientific disciplines, as well as a legal perspective.
Book Synopsis The Grammar of Criminal Law: American, Comparative, and International by : George P. Fletcher
Download or read book The Grammar of Criminal Law: American, Comparative, and International written by George P. Fletcher and published by Oxford University Press. This book was released on 2007-06-11 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal language. Written in the spirit of Fletcher's classic Rethinking Criminal Law, this work is essential reading in the field of international and comparative law.
Book Synopsis Justification and Excuse in the Criminal Law by : John Cyril Smith
Download or read book Justification and Excuse in the Criminal Law written by John Cyril Smith and published by . This book was released on 1989 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis The Oxford Handbook of Philosophy of Criminal Law by : John Deigh
Download or read book The Oxford Handbook of Philosophy of Criminal Law written by John Deigh and published by Oxford University Press. This book was released on 2011-09-22 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.
Book Synopsis The Grammar of Criminal Law by : George P. Fletcher
Download or read book The Grammar of Criminal Law written by George P. Fletcher and published by Oxford University Press. This book was released on 2007-06-11 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal language. Written in the spirit of Fletcher's classic Rethinking Criminal Law, this work is essential reading in the field of international and comparative law.
Book Synopsis Elements of Accessorial Modes of Liability by : Sarah Finnin
Download or read book Elements of Accessorial Modes of Liability written by Sarah Finnin and published by Martinus Nijhoff Publishers. This book was released on 2012-08-27 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume continues the work of the Preparatory Commission of the International Criminal Court by developing ‘elements’ for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute. The development of proposed elements for these accessorial modes of liability is necessary because while detailed elements for the substantive crimes within the jurisdiction of the Court were identified in the ‘Elements of Crimes’, no such elements were elaborated for the modes of liability in those crimes. The proposed elements in this volume break new ground and are designed to assist the ICC in applying the provisions of the Rome Statute to the cases before it for trial with consistency and accuracy.
