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The Concept Of Mens Rea In International Criminal Law
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Book Synopsis The Concept of Mens Rea in International Criminal Law by : Mohamed Elewa Badar
Download or read book The Concept of Mens Rea in International Criminal Law written by Mohamed Elewa Badar and published by Bloomsbury Publishing. This book was released on 2013-01-30 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.
Book Synopsis Mens Rea at the International Criminal Court by : Geert-Jan Alexander Knoops
Download or read book Mens Rea at the International Criminal Court written by Geert-Jan Alexander Knoops and published by BRILL. This book was released on 2016-12-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an overview of all aspects of mens rea before the International Criminal Court, while taking into account mens rea standards that have already been established in customary international law or before the ad hoc tribunals.
Book Synopsis The Fundamental Concept of Crime in International Criminal Law by : Iryna Marchuk
Download or read book The Fundamental Concept of Crime in International Criminal Law written by Iryna Marchuk and published by Springer Science & Business Media. This book was released on 2013-07-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.
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 The Mirage of International Criminal Law by : Farhad Malekian
Download or read book The Mirage of International Criminal Law written by Farhad Malekian and published by Cambridge Scholars Publishing. This book was released on 2018-10-01 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores, from various perspectives, Kant’s codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kant’s reference to the term ‘propensity to evil in human nature’ is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security Council prevent states from striving towards the supreme maxim of a genuine international moral worth. The idea of international criminal law is, thus, viewed as a ‘mirage’. Essentially, certain rules of the United Nations Charter, the system of international criminal justice, human rights law, and humanitarian law, like a fata morgana, are crucial if unattainable. The permanent members of the Security Council are deceiving the world by propagating a variety of excuses with the core objective of economic gain. This book will be of interest to anyone enthusiastic about positive law, the nature of criminal justice, classical moral philosophy, politics, and economics.
Book Synopsis Rethinking the ‘Crime of Mens Rea’ by : Sangkul Kim
Download or read book Rethinking the ‘Crime of Mens Rea’ written by Sangkul Kim and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-06-27 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Introduction to the Law of International Criminal Tribunals by : Geert-Jan Knoops
Download or read book An Introduction to the Law of International Criminal Tribunals written by Geert-Jan Knoops and published by Martinus Nijhoff Publishers. This book was released on 2014-09-12 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author offers an overview of the most important topics and developments in international criminal law, which are essential to everyone studying and practicing ICL.
Book Synopsis Individual Criminal Responsibility for Core International Crimes by : Ciara Damgaard
Download or read book Individual Criminal Responsibility for Core International Crimes written by Ciara Damgaard and published by Springer Science & Business Media. This book was released on 2008-08-02 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.
Book Synopsis The International Criminal Court by : Olympia Bekou
Download or read book The International Criminal Court written by Olympia Bekou and published by Routledge. This book was released on 2017-11-28 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of the International Criminal Court (ICC) in 1998 represented an important step in the international effort to repress genocide, war crimes and crimes against humanity. As there has been enormous scholarly discussion of the ICC, it is difficult and time-consuming to obtain the best writing on the subject. This volume collects the foremost analyses of each part of the ICC to form a convenient reference tool for all those wishing to understand perhaps the most important legal development of the past two decades.
Book Synopsis The Permanent International Criminal Court by : Dominic McGoldrick
Download or read book The Permanent International Criminal Court written by Dominic McGoldrick and published by Hart Publishing. This book was released on 2004-03 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court.
Book Synopsis The Mental Element by : Kristina Janjac
Download or read book The Mental Element written by Kristina Janjac and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Actus non facit reum nisi mens sit rea." --- There can be no criminal responsibility without a subjective relationship that could be defined as intent or negligence (mens rea) of the individual in question towards his actions (actus reus). Regulation of the mental element in the general part of the Rome Statute represents a major step forward in the development of international criminal law, since, so far, none of the statutes of international courts contained general rules on this issue. The focus of this book is Article 30 of the Rome Statute, which contains the default rule on guilt, and defines intent as a basic form of it. Pursuant to the jurisprudence of the ad hoc Tribunals of the United Nations for Yugoslavia and Rwanda, criminal responsibility can be imposed only when both its cognitive and volitional component are fulfilled. For a better comprehension, this book also includes a selection of documents on the "Elements of Crimes." (Series: International Criminal Law - Vol. 9) [Subject: International Law, Criminal Law]
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 Modes of Liability in International Criminal Law by : Jérôme de Hemptinne
Download or read book Modes of Liability in International Criminal Law written by Jérôme de Hemptinne and published by Cambridge University Press. This book was released on 2019-07-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Book Synopsis Routledge Handbook of International Criminal Law by : William A. Schabas
Download or read book Routledge Handbook of International Criminal Law written by William A. Schabas and published by Routledge. This book was released on 2010-11-08 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of emerging and existing areas of international criminal law. The Handbook features new, specially commissioned papers by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law. The book is split into four parts for ease of reference: The Historical and Institutional Framework – Sets international criminal law firmly in context with individual chapters on the important developments and key institutions which have been established. The Crimes – Identifies and analyses international crimes, including a chapter on aggression. The Practice of International Tribunals – Focuses on topics relating to the practice and procedure of international criminal law. Key Issues in International Criminal Law – Goes on to explore issues of importance such as universal jurisdiction, amnesties and international criminal law and human rights. Providing easy access to up-to-date and authoritative articles covering all key aspects of international criminal law, this book is an essential reference work for students, scholars and practitioners working in the field.
Book Synopsis Theories of Co-perpetration in International Criminal Law by : Lachezar D. Yanev
Download or read book Theories of Co-perpetration in International Criminal Law written by Lachezar D. Yanev and published by BRILL. This book was released on 2018-05-09 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a refined definition of co-perpetration responsibility that could be uniformly applied in both the ad hoc- and the treaty-based (ICC Rome Statue) model of international criminal justice.
Book Synopsis Principled International Criminal Justice by : Mark Findlay
Download or read book Principled International Criminal Justice written by Mark Findlay and published by Routledge. This book was released on 2018-07-11 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns – the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.
