The Global Prosecution Of Core Crimes Under International Law

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The Global Prosecution of Core Crimes under International Law

Author : Christopher Soler
Publisher : Springer Nature
ISBN 13 : 9462653356
Total Pages : 695 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The Global Prosecution of Core Crimes under International Law by : Christopher Soler

Download or read book The Global Prosecution of Core Crimes under International Law written by Christopher Soler and published by Springer Nature. This book was released on 2019-09-18 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.

Individual Criminal Responsibility for Core International Crimes

Author : Ciara Damgaard
Publisher : Springer Science & Business Media
ISBN 13 : 354078781X
Total Pages : 461 pages
Book Rating : 4.5/5 (47 download)

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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.

The International Criminal Court at the Mercy of Powerful States

Author : Res Schuerch
Publisher : Springer
ISBN 13 : 9462651922
Total Pages : 305 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The International Criminal Court at the Mercy of Powerful States by : Res Schuerch

Download or read book The International Criminal Court at the Mercy of Powerful States written by Res Schuerch and published by Springer. This book was released on 2017-07-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich.

Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081147
Total Pages : 314 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes by : Morten Bergsmo

Download or read book Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-08-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book concerns the relationship between the principles of complementarity and universal jurisdiction. Territorial States are normally affected most strongly by core international crimes committed during a conflict or an attack directed against its civilian population. Most victims reside in such States. Most damaged or plundered property is there. Public order and security are violated most severely in the territorial States. It is also on their territory that most of the evidence of the alleged crimes can be found. There are, in other words, obvious policy and practical reasons why States should accord priority to territoriality as a basis of jurisdiction. But is there also an obligation for States to defer exercise of universal jurisdiction of core international crimes to investigation and prosecution of the same crimes by the territorial State? What - if any - is the impact of the principle of complementarity in this respect? These are among the questions discussed in this anthology.

Prosecuting International Crimes

Author : Robert Cryer
Publisher : Cambridge University Press
ISBN 13 : 1139443690
Total Pages : 393 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Prosecuting International Crimes by : Robert Cryer

Download or read book Prosecuting International Crimes written by Robert Cryer and published by Cambridge University Press. This book was released on 2005-06-30 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.

The Role of International Criminal Law in the Global Legal Order

Author : CHAO Yi
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480219
Total Pages : 4 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis The Role of International Criminal Law in the Global Legal Order by : CHAO Yi

Download or read book The Role of International Criminal Law in the Global Legal Order written by CHAO Yi and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-08-31 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Responses to Transnational and International Crimes

Author : Harmen van der Wilt
Publisher : Edward Elgar Publishing
ISBN 13 : 1786433990
Total Pages : 336 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Legal Responses to Transnational and International Crimes by : Harmen van der Wilt

Download or read book Legal Responses to Transnational and International Crimes written by Harmen van der Wilt and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?

International and Transnational Criminal Law

Author : David Luban
Publisher : Aspen Publishing
ISBN 13 : 1543803016
Total Pages : 1858 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis International and Transnational Criminal Law by : David Luban

Download or read book International and Transnational Criminal Law written by David Luban and published by Aspen Publishing. This book was released on 2018-11-26 with total page 1858 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive and versatile book covers both international criminal law and the application of US criminal law transnationally. It has chapters on each of the core crimes (aggression, genocide, crimes against humanity, war crimes), as well as separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. Thus the book can be used for courses focusing entirely on international criminal law and accountability for core crimes. But it also covers US criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and US constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students with no prior background. New to the 3rd Edition: Recent developments in the international tribunals, including the Habré trial in the African Extraordinary Chamber Updates on post-Morrison jurisdictional developments and the treatment of jurisdiction in the Restatement (Fourth) of the Foreign Relations Law of the United States Activation of the crime of aggression by the ICC; cyber-attacks as aggression Recent war crimes jurisprudence and the treatment of war crimes in the US Department of Defense Law of War Manual A thorough revision of the ICC chapter including the Lubanga sentencing decisions and the Comoros decision on gravity Recent ICC jurisprudence on modes of liability Latest FCPA prosecution standards New cases on immunities and extradition Professors and students will benefit from: Versatility: Can be used for courses on international criminal law, and also for courses on US criminal law applied across borders Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law Detailed treatment of “headline” issues including torture, terrorism, and war crimes Readable background on historical context Teaching materials include: Comprehensive teacher’s manual, including the authors’ own teaching notes Discussion problems

Importing Core International Crimes into National Criminal Law

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081015
Total Pages : 76 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis Importing Core International Crimes into National Criminal Law by : Morten Bergsmo

Download or read book Importing Core International Crimes into National Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-04-19 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The International Criminal Court in Turbulent Times

Author : Gerhard Werle
Publisher : Springer
ISBN 13 : 9462653038
Total Pages : 174 pages
Book Rating : 4.4/5 (626 download)

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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.

Principles of International Criminal Law

Author : Gerhard Werle
Publisher : Oxford University Press
ISBN 13 : 019256157X
Total Pages : 750 pages
Book Rating : 4.1/5 (925 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 2020-10-09 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth 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. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail 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. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.

The First Global Prosecutor

Author : Martha Minow
Publisher : University of Michigan Press
ISBN 13 : 0472052519
Total Pages : 397 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The First Global Prosecutor by : Martha Minow

Download or read book The First Global Prosecutor written by Martha Minow and published by University of Michigan Press. This book was released on 2015-04-15 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholars and practitioners examine the role of the ICC’s first prosecutor

The Concept of Universal Crimes in International Law

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081333
Total Pages : 361 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis The Concept of Universal Crimes in International Law by : Terje Einarsen

Download or read book The Concept of Universal Crimes in International Law written by Terje Einarsen and published by Torkel Opsahl Academic EPublisher. This book was released on 2012-08-15 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

The Prosecution of International Crimes

Author : Madeleine Sann
Publisher : Routledge
ISBN 13 : 1351303104
Total Pages : 502 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis The Prosecution of International Crimes by : Madeleine Sann

Download or read book The Prosecution of International Crimes written by Madeleine Sann and published by Routledge. This book was released on 2018-04-27 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-World War Two period has witnessed numerous armed conflicts characterized by extensive violations of relevant obligatory international norms. Responding to these events, the United Nations General Assembly created a permanent international court in 2003, with jurisdiction over selected international crimes. The International Tribunal for the Former Yugoslavia was a precursor to this permanent court. It was established for the purpose of "prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia." As a precedent for what we may expect in the future, it deserves special attention from a historical, political, and especially an international law point of view.The Prosecution of International Crimes comprehensively examines the creation, mandate, and challenges of the International Tribunal for the Former Yugoslavia. Derived from a special issue of Criminal Law Forum: An International Journal, a peer-review journal dedicated to the advancement of criminal law theory, practice, and reform throughout the world, it is now available in paperback.

Prosecuting International Crimes: A Multidisciplinary Approach

Author : Bartłomiej Krzan
Publisher : BRILL
ISBN 13 : 900432366X
Total Pages : 325 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Prosecuting International Crimes: A Multidisciplinary Approach by : Bartłomiej Krzan

Download or read book Prosecuting International Crimes: A Multidisciplinary Approach written by Bartłomiej Krzan and published by BRILL. This book was released on 2016-07-21 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume combines different views, backgrounds and underlying assumptions on the prosecution of international crimes. The contributions shed some additional, useful light that might prove helpful for identifying new dimensions of the reaction (judicial or other) towards international atrocities.

Old Evidence and Core International Crimes

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081600
Total Pages : 313 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis Old Evidence and Core International Crimes by : Morten Bergsmo

Download or read book Old Evidence and Core International Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2012-11-19 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often only years after the commission of core international crimes that prosecutions and investigations take place. This anthology addresses challenges associated with such delayed justice: the location, treatment, and assessment of old evidence. Part I considers the topic from the perspective of different actors involved in the prosecution of core international crimes at the domestic and international levels. Part II comprises chapters focusing on the efforts of the Bangladeshi authorities to investigate and prosecute international crimes perpetrated during the 1971 war. This book brings together experienced judges, prosecutors, lawyers, scientists, and commentators who have dealt with questions of old evidence in their work. Among the contributors are Shafique Ahmed, Andrew Cayley, David Cohen, Seena Fazel, Siri S. Frigaard, M. Amir-Ul Islam, Md. Shahinur Islam, Agnieszka Klonowiecka-Milart, Alphons M.M. Orie, Stephen J. Rapp, Patrick J. Treanor, Otto Triffterer and Martin Witteveen. The chapters describe the challenges encountered in practice and suggest concrete solutions that can be tailored to fit the circumstances of the case or country. By providing a comprehensive analysis of the relevant problems in this area and a variety of views, this anthology will serve as an invaluable resource for criminal justice actors and researchers seeking to address questions of old evidence.

The International Criminal Court and problems of state sovereignty

Author : Oliver Holmes
Publisher : GRIN Verlag
ISBN 13 : 3640484797
Total Pages : 66 pages
Book Rating : 4.6/5 (44 download)

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Book Synopsis The International Criminal Court and problems of state sovereignty by : Oliver Holmes

Download or read book The International Criminal Court and problems of state sovereignty written by Oliver Holmes and published by GRIN Verlag. This book was released on 2009-12-02 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific Essay from the year 2008 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 2:1, University of Leeds, course: Political Science, language: English, abstract: It is the argument of this dissertation that the International Criminal Court is an appropriate tool for the enforcement of international criminal law and embodies a shifting notion of state sovereignty. Historically, both multilateral and unilateral attempts to enforce international criminal law have been progressive but not wholly successful. The International Criminal Court is rooted in customary law and addresses the failures of past attempts. The Court’s opposition has illustrated problems of state sovereignty, which in turn exemplifies how the International Criminal Court embodies a shifting notion of state sovereignty. The sources used are the existing academic literature, interviews, international statute, magazines, and newspaper articles.