Sentencing In International Criminal Law

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Sentencing in International Criminal Law

Author : Silvia D'Ascoli
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318169
Total Pages : 422 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Sentencing in International Criminal Law by : Silvia D'Ascoli

Download or read book Sentencing in International Criminal Law written by Silvia D'Ascoli and published by Bloomsbury Publishing. This book was released on 2011-04-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

Appeal and Sentence in International Criminal Law

Author : Jan Philipp Book
Publisher : BWV Verlag
ISBN 13 : 3830527160
Total Pages : 326 pages
Book Rating : 4.8/5 (35 download)

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Book Synopsis Appeal and Sentence in International Criminal Law by : Jan Philipp Book

Download or read book Appeal and Sentence in International Criminal Law written by Jan Philipp Book and published by BWV Verlag. This book was released on 2011-01-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: HauptbeschreibungThe International Tribunals for the former Yugoslavia and Rwanda hold far-reaching sentencing powers. At the same time, consistency and fairness in sentencing are of utmost important to the practice of the Tribunals. Accordingly, the sentencing powers of the Tribunals demand for a system of control. One crucial procedural safeguard to facilitate such control is the scrutiny exercised by the Appeals Chamber. This study analyses both sentencing and appellate law in the International Tribunals. Its fundamental objective is to ensure consistency in punishment by means of appellate review.The study analyses the substantive guidelines for the sentencing decision and describes how these have evolved in the practice of the Tribunals. It then explores the nature and scope of the appeal. In doing so it examines the most important procedural devices and instruments and assesses their practical importance to the appellate process. Finally, it analyses the importance the respective practice of the Tribunals will hold for the future practice of the International Criminal Court.

Sentencing at the International Criminal Court

Author : Alice Riccardi
Publisher : G Giappichelli Editore
ISBN 13 : 8892104292
Total Pages : 281 pages
Book Rating : 4.8/5 (921 download)

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Book Synopsis Sentencing at the International Criminal Court by : Alice Riccardi

Download or read book Sentencing at the International Criminal Court written by Alice Riccardi and published by G Giappichelli Editore. This book was released on 2016-09-26 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers sentencing in international criminal law with a particular focus on the International Criminal Court. The author gives a critical examination of the issue of sentencing rationales in international criminal law including an overview of the theories advanced by scholars.The first section studies whether it is possible to find a norm of international law providing for the aims of sentences in the law and practice of pure international criminal jurisdictions created before the entry into force of the Statute of the International Criminal Court. The second section analyses the issue of sentencing at the International Criminal Court, by focusing on the provisions of its Statute, on the relevant rules of internationally recognized human rights law and on the Courtâ€™s first practice. The book concludes with a re-organization of principles and thus offers a consistent approach to the penal justifications of sentencing for the International Criminal Court.

Treatise on International Criminal Law

Author : Kai Ambos
Publisher : Oxford University Press
ISBN 13 : 0199665605
Total Pages : 384 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Treatise on International Criminal Law by : Kai Ambos

Download or read book Treatise on International Criminal Law written by Kai Ambos and published by Oxford University Press. This book was released on 2014 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second of three volumes of a treatise on the principles and practice of international criminal law, from its foundations to its future. Volume 2 analyses the the substantive part of international criminal law dealing with the core crimes, including genocide, crimes against humanity, war crimes, and aggression, as well as sentencing.

Sentencing in International Criminal Law

Author : Silvia D'Ascoli
Publisher :
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.:/5 (537 download)

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Book Synopsis Sentencing in International Criminal Law by : Silvia D'Ascoli

Download or read book Sentencing in International Criminal Law written by Silvia D'Ascoli and published by . This book was released on 2008 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Atrocity, Punishment, and International Law

Author : Mark A. Drumbl
Publisher : Cambridge University Press
ISBN 13 : 1139464566
Total Pages : 211 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Atrocity, Punishment, and International Law by : Mark A. Drumbl

Download or read book Atrocity, Punishment, and International Law written by Mark A. Drumbl and published by Cambridge University Press. This book was released on 2007-04-30 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.

Complicity in International Criminal Law

Author : Marina Aksenova
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900098
Total Pages : 297 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Complicity in International Criminal Law by : Marina Aksenova

Download or read book Complicity in International Criminal Law written by Marina Aksenova and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles one of the most contentious aspects of international criminal law – the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion. Awarded The Paul Guggenheim Prize in International Law 2017!

Principles of International Criminal Law

Author : Gerhard Werle
Publisher : Oxford University Press
ISBN 13 : 0198703597
Total Pages : 711 pages
Book Rating : 4.1/5 (987 download)

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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 Oxford University Press. This book was released on 2014 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.

Punishment and Process in International Criminal Trials

Author : Ralph Henham
Publisher : Routledge
ISBN 13 : 135190745X
Total Pages : 281 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Punishment and Process in International Criminal Trials by : Ralph Henham

Download or read book Punishment and Process in International Criminal Trials written by Ralph Henham and published by Routledge. This book was released on 2017-03-02 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues. The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.

Research Handbook on the International Penal System

Author : Róisín Mulgrew
Publisher : Edward Elgar Publishing
ISBN 13 : 1783472162
Total Pages : 544 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on the International Penal System by : Róisín Mulgrew

Download or read book Research Handbook on the International Penal System written by Róisín Mulgrew and published by Edward Elgar Publishing. This book was released on 2016-05-27 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, this handbook critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it also explores broader normative questions related to international punishment and makes recommendations for the international penal system's development.

The Law and Practice of the International Criminal Court

Author : Carsten Stahn
Publisher : Oxford University Press, USA
ISBN 13 : 0198705166
Total Pages : 1441 pages
Book Rating : 4.1/5 (987 download)

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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.

Treatise on International Criminal Law

Author : Kai Ambos
Publisher : Oxford University Press
ISBN 13 : 0192895737
Total Pages : 449 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Treatise on International Criminal Law by : Kai Ambos

Download or read book Treatise on International Criminal Law written by Kai Ambos and published by Oxford University Press. This book was released on 2022 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal law and justice is a flourishing field which has led, in recent years, to new international criminal tribunals and new mechanisms for investigation and holding criminals to account. These developments have, in turn, led to an increasing volume and greater consolidation of case law, and even more scholarly attention. The second edition of this volume of Kai Ambos' seminal treatise has been revised and rewritten in parts to provide coverage of recent developments in the 'Special Part' of international criminal law: namely, the specific crimes and sentencing. Amongst other updates, there are significant extensions of the discussion on sexual and gender-based crimes; the introduction of environmental crimes into international criminal law; further elaboration on the nexus requirement in war crimes and asymmetrical conflicts (e.g., ISIS); and reference to the newly introduced war crimes of the ICC Statute and of the peculiarities of cyber-attacks and other emerging activities. The volume complements Volume I of the treatise on issues relevant to the foundations, general part of international criminal law, and general principles of international criminal justice. Taken together with the other new editions of the three-volume series, this second edition provides an exhaustive guide to every aspect of international criminal law, from fundamental principles to procedures and implementation. Kai Ambos' Treatise remains an indispensable reference work for academics and practitioners of international criminal law.

The Oxford Handbook of International Criminal Law

Author : Darryl Robinson
Publisher : Oxford University Press
ISBN 13 : 0192558889
Total Pages : 896 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Criminal Law by : Darryl Robinson

Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

International Criminal Law in Context

Author : Philipp Kastner
Publisher : Routledge
ISBN 13 : 1317198999
Total Pages : 346 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis International Criminal Law in Context by : Philipp Kastner

Download or read book International Criminal Law in Context written by Philipp Kastner and published by Routledge. This book was released on 2017-10-20 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

Pluralism in International Criminal Law

Author : Elies van Sliedregt
Publisher : OUP Oxford
ISBN 13 : 019100829X
Total Pages : 410 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Pluralism in International Criminal Law by : Elies van Sliedregt

Download or read book Pluralism in International Criminal Law written by Elies van Sliedregt and published by OUP Oxford. This book was released on 2014-10-02 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Sentencing and Sanctioning in Supranational Criminal Law

Author : Roelof Haveman
Publisher :
ISBN 13 :
Total Pages : 226 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Sentencing and Sanctioning in Supranational Criminal Law by : Roelof Haveman

Download or read book Sentencing and Sanctioning in Supranational Criminal Law written by Roelof Haveman and published by . This book was released on 2006 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rethinking Criminal Law

Author : George P. Fletcher
Publisher :
ISBN 13 : 9780195136951
Total Pages : 930 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Rethinking Criminal Law by : George P. Fletcher

Download or read book Rethinking Criminal Law written by George P. Fletcher and published by . This book was released on 2000 with total page 930 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition which will be published by OUP in three volumes, the first of which is scheduled to appear in January 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.