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Meaning Making In International Criminal Law
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Book Synopsis Meaning Making in International Criminal Law by : Ciara Laverty
Download or read book Meaning Making in International Criminal Law written by Ciara Laverty and published by BRILL. This book was released on 2024-05-30 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the normative dimensions of the acts that constitute international crimes. The book conceptualises the normative dimensions of these acts as processes of construction and meaning making. Developing a novel methodological approach, it identifies the narratives and discourses that emerge in practice as central for understanding the normative meanings of these acts. Using the crimes of attacks on cultural property, pillage, sexual violence and reproductive violence as case studies, the book offers a historical, conceptual, and discursive analysis of these crimes to develop a dynamic, pluralist and socially constructed account of wrong in international criminal law.
Book Synopsis The Diversification and Fragmentation of International Criminal Law by : Larissa van den Herik
Download or read book The Diversification and Fragmentation of International Criminal Law written by Larissa van den Herik and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Book Synopsis International Criminal Justice by : Professor Roberto Bellelli
Download or read book International Criminal Justice written by Professor Roberto Bellelli and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice by using case studies to provide advice for possible future developments in international criminal procedure and law.
Book Synopsis The Concept of Race in International Criminal Law by : CAROLA. LINGAAS
Download or read book The Concept of Race in International Criminal Law written by CAROLA. LINGAAS and published by Routledge. This book was released on 2021-06-30 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Members of racial groups are protected under international law against genocide, persecution, and apartheid. But what is race - and why was this contentious term not discussed when drafting the Statute of the International Criminal Court? Although the law uses this term, is it legitimate to talk about race today, let alone convict anyone for committing a crime against a racial group? This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. It exposes how the international criminal tribunals have largely circumvented the topic of race, and how incoherent jurisprudence has resulted in inconsistent protection. The book provides important new interpretations of a problematic concept by subjecting it to a multifaceted and interdisciplinary analysis. The study argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims' ostensible racial otherness. The perpetrator's imagination as manifested through his behaviour defines the victims' racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law.
Book Synopsis Justice As Message by : Carsten Stahn
Download or read book Justice As Message written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2020-05-28 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.
Book Synopsis Dynamic Interpretation in International Criminal Law by : Alexander Grabert
Download or read book Dynamic Interpretation in International Criminal Law written by Alexander Grabert and published by Herbert Utz Verlag. This book was released on 2015-06-17 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interpretive process in International Criminal Law (›ICL‹) is characterised by a conflict between the requirements for stability and change. On the one hand, ICL provides for the ›criminal‹ responsibility of individuals. Thus, there is an enhanced requirement for legal certainty: According to the principle of legality, the addressee of the law must be able to identify the prohibited conduct in advance in order to be able to avoid criminal sanctions. On the other hand, however, ICL forms part of ›international‹ law. Hence, it derives to some extent from international treaties. Whereas the forms of criminal conduct are continuously evolving, treaties are rather static instruments – they cannot be adapted to a changing environment within a short period of time. Thus, reality is developing at a pace that the law cannot always match. In consequence, there is a certain need to account for evolving circumstances within the framework of interpretation. The aim of this book is to review the consequences of this conflict for the interpretation of ICL. How can the conflicting requirements be brought into balance? Can substantive rules of ICL be interpreted in a ›dynamic‹ fashion to the detriment of the accused without violating the principle of legality? How do international criminal courts and tribunals deal with this issue?
Book Synopsis Philosophical Foundations of International Criminal Law by : Morten Bergsmo
Download or read book Philosophical Foundations of International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2019-02-21 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Beyond Punishment: Achieving International Criminal Justice by : M. Findlay
Download or read book Beyond Punishment: Achieving International Criminal Justice written by M. Findlay and published by Springer. This book was released on 2009-11-30 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal justice is challenged to better reflect legitimate victim interest. This book provides a framework for achieving synthesis between restorative and retributive dimensions within international criminal trials in order to achieve the peace-making aspirations of the International Criminal Court.
Book Synopsis Research Handbook on International Criminal Law by : Bartram S. Brown
Download or read book Research Handbook on International Criminal Law written by Bartram S. Brown and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This timely, valuable and thought-provoking contribution to our understanding of the vibrant new subject that is international criminal law, is a great addition to the literature and to our understanding. Professor Bart Brown deserves real appreciation for bringing it together.' – Philippe Sands QC, University College London and Matrix Chambers, UK 'The Research Handbook is a comprehensive up-to-date guide to one of the youngest yet most dynamic areas of international law. It tackles the pertinent challenges and opportunities, starting with the classical issues like categories of international crimes and complementarity, going on to address the problems ahead including the Guantánamo regime, crimes against women and the status of private security contractors. The Handbook will be a valuable source for both general and advanced international criminal law research.' – James Crawford, Cambridge University, UK This carefully regarded and well-structured handbook covers the broad range of norms, practices, policies, processes and institutional mechanisms of international criminal law, exploring how they operate and continue to develop in a variety of contexts. Leading scholars in the field and experienced practitioners have brought together their expertise and perspectives in a clear and concise fashion to create an authoritative resource, which will be useful and accessible even to those without legal training. The Research Handbook on International Criminal Law will appeal to practitioners who may want to defend, or prosecute, international criminal law cases, and academics researching and writing on international criminal law. Graduate students studying international criminal law, international human rights or international humanitarian law as well as those studying international justice, international politics, international organization or public policy analysis, will also find this book invaluable.
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 711 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.
Book Synopsis The Subjects and Subjectivities of International Criminal Law by : Emily Haslam
Download or read book The Subjects and Subjectivities of International Criminal Law written by Emily Haslam and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical introduction to the core elements of international criminal law. It does so by provoking thought on what international criminal law is, or could be, by contrasting the practice of widely recognised state-based actors and institutions such as the International Criminal Court with practices associated with non-state actors in particular citizens' tribunals. International criminal law is now established as an essential legal and institutional response to atrocity. However, it faces a series of political and practical challenges. It is vital to consider its limits and potential, as well as the ways and extent to which those limitations might be addressed. Many actors with very different visions of its nature and parameters play a role in shaping the meaning of international criminal law whether that be in official or unofficial spaces. This book explores the principles and institutions of international criminal law alongside the alternative visions of it put forward by citizens' tribunals. In so doing it encourages reflection on that law's multiple meanings and usages in order to provoke consideration of what it means, and might mean, to deploy international criminal law today.
Book Synopsis The Theory and Practice of International Criminal Law by : Leila Nadya Sadat
Download or read book The Theory and Practice of International Criminal Law written by Leila Nadya Sadat and published by BRILL. This book was released on 2008 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Cherif Bassiouni" is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on "Cherif Bassiouni's" unique legacy within this important area. Among the contributing authors are "Louise Arbour," UN High Commissioner for Human Rights; "Mahnoush Arsanjani," Chief of the UN Office of Legal Affairs Codification Division; "Diane Orentlicher," UN Independent Expert on Combating Impunity; "Michael Reisman," former President of the Inter-American Commission for Human Rights; "Yves Sandoz," Director for International Law of the International Committee of the Red Cross; "William Schabas," Member of the Sierra Leone Truth Commission; "Brigitte Stern," Advocate for the Bosnians in the World Court's Genocide case; and "Prince Hassan bin Talal," first President of the Assembly of States Parties of the International Criminal Court.
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).
Book Synopsis Criminological Approaches to International Criminal Law by : Ilias Bantekas
Download or read book Criminological Approaches to International Criminal Law written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2014-11-06 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide to what motivates international crimes and how these are structured and investigated in theory and practice.
Book Synopsis International Criminal Law by : Christine van den Wyngaert
Download or read book International Criminal Law written by Christine van den Wyngaert and published by Martinus Nijhoff. This book was released on 1996 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: More and more students, legal practitioners, judges, prosecutors and civil servants in ministries and international organizations are confronted with an area of the law that, until recently, was hardly recognised as a legal discipline in its own right: International Criminal Law. This book intends to guide them through the vast labyrinth of treaties in this field. There has been a real explosion of instruments in the past few years, not only in the United Nations, but also in regional frameworks such as the European Union. The collection is a selection of the most important international (universal) and European instruments. The most recent texts have been incorporated, including the Europol Convention (1995), the anti-fraud convention of the European Union (1995), the Council of Europe's Draft Convention on crimes against the environment (1996), the Organisation of American States' Convention against Corruption (1996) and the International Law Commission's Draft Code of Crimes against the Peace and Security of Mankind (1996).
Book Synopsis Shocking the Conscience of Humanity by : Margaret M. deGuzman
Download or read book Shocking the Conscience of Humanity written by Margaret M. deGuzman and published by Oxford University Press. This book was released on 2020-04-13 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.
Book Synopsis Routledge Handbook of International Criminal Law by :
Download or read book Routledge Handbook of International Criminal Law written by and published by Routledge. This book was released on 2015 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:
