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The New Histories Of International Criminal Law
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Book Synopsis The New Histories of International Criminal Law by : Immi Tallgren
Download or read book The New Histories of International Criminal Law written by Immi Tallgren and published by Oxford University Press. This book was released on 2019-03-21 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.
Book Synopsis Histories Written by International Criminal Courts and Tribunals by : Aldo Zammit Borda
Download or read book Histories Written by International Criminal Courts and Tribunals written by Aldo Zammit Borda and published by Springer Nature. This book was released on 2020-12-18 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a “responsible history” normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court. The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today a significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor’s expansive didactic approach in Eichmann, the legal debate on the subject has been largely polarised between restrictive and expansive approaches to history-writing in mass atrocity trials. What has been noticeably missing from this debate is the middle ground. The contribution this book seeks to make is precisely to articulate a framework that occupies that ground. The book asks: what are the lenses through which judges of ICTs interpret historical events, what kind of histories do ICTs write? and what kinds of histories should ICTs produce? Its arguments for a more moderate approach to history-writing are based on three distinct, but interrelated grounds: (1) Truth and Justice; (2) Right to Truth; and (3) Legal Epistemology. Different target audiences may benefit from this book. Court officials and legal practitioners may find the normative framework developed herein useful in addressing the tensions between the competing objectives of ICTs and, in particular, in assessing the value of the history-writing function. Lawyers, historians and other academics may also find the analysis of the strengths, constraints and blind spots of the historical narratives written by ICTs interesting. This issue is particularly timely in view of current debates on the legacies of ICTs. Aldo Zammit Borda is Director of the Centre for Access to Justice and Inclusion at Anglia Ruskin University, Cambridge, UK.
Book Synopsis Histories of Transnational Criminal Law by : Neil Boister
Download or read book Histories of Transnational Criminal Law written by Neil Boister and published by Oxford University Press. This book was released on 2021-08-02 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection provides an in-depth account of the history of key developments in transnational criminal law. While the history of international criminal law is now a much written about topic, the origins of most modern transnational criminal laws are not well understood. Histories of Transnational Criminal Law provides for the first time a set of legal histories of state efforts to combat and cooperate against transnational crime. With contributions from a group of word-leading experts, this edited volume traverses a range of topics, beginning with the normative, intellectual, and institutional histories of transnational criminal law. It then moves to the histories of specific transnational crimes ranging across eras from piracy to cybercrime, and finishes by examining jurisdiction, modes of liability, different forms of procedural cooperation, and the predicament of the individual in transnational criminal law. The book highlights specific issues and how they have been resolved, in the loose assemblage of norms, institutions, and practices that constitutes transnational criminal law.
Book Synopsis The International Criminal Court by : Young Sok Kim
Download or read book The International Criminal Court written by Young Sok Kim and published by . This book was released on 2010-04 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended to analyze and evaluate the Statute of the International Criminal Court which was newly created at the United Nations Diplomatic Conference in Rome, Italy on 17 July 1998 (The Rome Conference or the Conference). The book addresses a host of difficult questions and common questions the new permanent International Criminal Court (The ICC or The Court) can raise and possible answers to those questions. This book also records the legislative histories of each article of the ICC Statute and evaluates legal ramifications of the Statute. Even though the United States Government has argued the Rome Statute violates the law of treaties and is not consistent with international law, the author tries to prove that the Rome Statute does not violate the law of treaties and is consistent with international law. The Rome Statute is invaluable in that it codifies the present international law and international criminal law and procedure. The Statute, which was supported by 120 states in the world, summarize the present treaty law, customary international law and general principles of law, even though some contents of the Statute were watered down by some states.The author participated in the process for the adoption of the Rome Statute as a member of the Korean Delegation to the Rome Diplomatic Conference. Korea submitted a very important proposal on the jurisdiction of the Court, which the author was involved in, and tried to bridge the gaps between the U.S position and various other states' positions. On the basis of his own reservations and experiences at the Rome Conference, the author thinks the Rome Statute has delicate balances among various interests of countries and will be a great weapon for the World to fight with against the most heinous international crimes: genocide, crimes against humanity, war crimes and crimes of aggression.Therefore, this book is an insider's observation and a legislative history of the Rome Statute. However, the views appearing in this book are not those of the Korean Government, but solely those of the author as an international law scholar and a participant in the Rome Conference.Contents: 1. Introduction; 2. Commentary on articles of the Rome statute: Part 1: Establishment of the Court; Part 2: Jurisdiction, admissibility and applicable law; Part 3: General principles of criminal law; Part 4: Composition and administration of the court; Part 5: Investigation and prosecution; Part 6: The trial; Part 7: Penalties; Part 8: Appeal and revision; Part 9: International cooperation and judicial assistance; Part 10: Enforcement; Part 11: Assembly of states parties; Part 12: Financing; Part 13: Final clausesDr. Young Sok Kim has a B.A. (Law) and M.A. (Law) from Seoul National University, Seoul, Korea and an LL.M and J.S.D. (Doctor of the Science of Law) from the University of Illinois at Urbana-Champaign, Illinois, U.S.A. He was the Deputy Director of Treaties Division I of the Korean Foreign Ministry, Seoul, Korea and is currently Assistant Professor of International Law in the Division of Law of the AJOU University, Suwon, Korea. In 1998, heparticipated in the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court in Rome (the ""Rome Conference"") as a member of the South Korean Delegation. Since the Rome Conference, he has continued to participate in the sessions of the UN Preparatory Commission for the Establishment of the International Criminal Court as a member of the South Korean Delegation. He is activelyconducting research and writing articles related to the International Criminal Court, both in Korea and internationally.
Book Synopsis Introduction to International Criminal Law by : M. Cherif Bassiouni
Download or read book Introduction to International Criminal Law written by M. Cherif Bassiouni and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 1259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.
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 Hidden Histories of War Crimes Trials by : Kevin Heller
Download or read book The Hidden Histories of War Crimes Trials written by Kevin Heller and published by OUP Oxford. This book was released on 2013-10-31 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Several instances of war crimes trials are familiar to all scholars, but in order to advance understanding of the development of international criminal law, it is important to provide a full range of evidence from less-familiar trials. This book therefore provides an essential resource for a more comprehensive overview, uncovering and exploring some of the lesser-known war crimes trials that have taken place in a variety of contexts: international and domestic, northern and southern, historic and contemporary. It analyses these trials with a view to recognising institutional innovations, clarifying doctrinal debates, and identifying their general relevance to contemporary international criminal law. At the same time, the book recognises international criminal law's history of suppression or sublimation: What stories has the discipline refused to tell? What stories have been displaced by the ones it has told? Has international criminal law's framing or telling of these stories excluded other possibilities? And - perhaps most important of all - how can recovering the lost stories and imagining new narrative forms reconfigure the discipline? Many of the trials examined in this book have hardly ever before been discussed; others have been examined only in the most cursory manner. Indeed, until now, no volume has been dedicated to telling the story of these trials, that have yet to find a place in the international criminal law canon. Providing a detailed analysis of these trials, which took place in Europe, Africa, South America, and Australasia, in both historical and contemporary contexts, this book is essential reading for anyone concerned with the development of international criminal law.
Book Synopsis Critical Approaches to International Criminal Law by : Christine Schwöbel
Download or read book Critical Approaches to International Criminal Law written by Christine Schwöbel and published by Routledge. This book was released on 2014-05-09 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the critical legal tradition, the collection of international scholars gathered in this volume analyse the complicities and limitations of International Criminal Law. This area of law has recently experienced a significant surge in scholarship and public debate; individual criminal accountability is now firmly entrenched in both international law and the international consciousness as a necessary mechanism of responsibility. Critical Approaches to International Criminal Law: An Introduction shifts the debate towards that which has so far been missing from the mainstream discussion: the possible injustices, exclusions, and biases of International Criminal Law. This collection of essays is the first dedicated to the topic of critical approaches to international criminal law. It will be a valuable resource for scholars and students of international criminal law, international law, international legal theory, criminal law, and criminology.
Book Synopsis Historical Origins of International Criminal Law by : Morten Bergsmo
Download or read book Historical Origins of International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2014-12-12 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: The historical origins of international criminal law go beyond the key trials of Nuremberg and Tokyo but remain a topic that has not received comprehensive and systematic treatment. This anthology aims to address this lacuna by examining trials, proceedings, legal instruments and publications that may be said to be the building blocks of contemporary international criminal law. It aspires to generate new knowledge, broaden the common hinterland to international criminal law, and further consolidate this relatively young discipline of international law. The anthology and research project also seek to question our fundamental assumptions of international criminal law by going beyond the geographical, cultural, and temporal limits set by the traditional narratives of its history, and by questioning the roots of its substance, process, and institutions. Ultimately, we hope to raise awareness and generate further discussion about the historical and intellectual origins of international criminal law and its social function. The contributions to the three volumes of this study bring together experts with different professional and disciplinary expertise, from diverse continents and legal traditions. Volume 1 comprises contributions by prominent international lawyers and researchers including Judge LIU Daqun, Professor David Cohen, Geoffrey Robertson QC, Professor Paulus Mevis and Professor Jan Reijntjes.
Book Synopsis An Introduction to International Criminal Law and Procedure by : Robert Cryer
Download or read book An Introduction to International Criminal Law and Procedure written by Robert Cryer and published by Cambridge University Press. This book was released on 2014-06-12 with total page 1473 pages. Available in PDF, EPUB and Kindle. Book excerpt: By offering both a comprehensive update and new material reflecting the continuing development of the subject, this continues to be the leading textbook on international criminal law. Its experienced author team draws on its combined expertise as teachers, scholars and practitioners to offer an authoritative survey of the field. The third edition contains new material on the theory of international criminal law, the practice of international criminal tribunals, the developing case law on principles of liability and procedures and new practice on immunities. It offers valuable supporting online materials such as case studies, worked examples and study guides. Retaining its comprehensive coverage, clarity and critical analysis, it remains essential reading for all in the field.
Book Synopsis The Hidden Histories of War Crimes Trials by : Kevin Jon Heller
Download or read book The Hidden Histories of War Crimes Trials written by Kevin Jon Heller and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several instances of war crimes trials are familiar to all scholars, but in order to advance understanding of the development of international criminal law, it is important to provide a full range of evidence from less-familiar trials. This book therefore provides a comprehensive overview, uncovering and exploring some of the lesser-known war crimes trials that have taken place in a variety of contexts: international and domestic, northern and southern, historic and contemporary. It analyses these trials with a view to recognizing institutional innovations, clarifying doctrinal debates, and identifying their general relevance to contemporary international criminal law. At the same time, the book recognizes international criminal law's history of suppression or sublimation: What stories has the discipline refused to tell? What stories have been displaced by the ones it has told? Has international criminal law's framing or telling of these stories excluded other possibilities? And -- perhaps most important of all -- how can recovering the lost stories and imagining new narrative forms reconfigure the discipline?
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 An Introduction to the International Criminal Court by : William Schabas
Download or read book An Introduction to the International Criminal Court written by William Schabas and published by Cambridge University Press. This book was released on 2007-10-18 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court ushers in a new era in the protection of human rights. The Court will prosecute genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. This third revised edition considers the initial rulings by the Pre-Trial Chambers and the Appeals Chamber, and the cases it is prosecuting, namely, Democratic Republic of Congo, northern Uganda, Darfur, as well as those where it had decided not to proceed, such as Iraq. The law of the Court up to and including its ruling on a confirmation hearing, committing Chalres Lubanga for trial on child soldiers offences, is covered. It also addresses the difficulties created by US opposition, analysing the ineffectiveness of measures taken by Washington to obstruct the Court, and its increasing recognition of the inevitability of the institution.
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, USA. This book was released on 2020 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the leading textbooks in the field of international criminal justice. This fourth edition retains the detailed and systematic approach of previous editions, whist adding substantial new material on new theories, laws, and prosecutions.
Book Synopsis An Introduction to the International Criminal Court by : William A. Schabas
Download or read book An Introduction to the International Criminal Court written by William A. Schabas and published by Cambridge University Press. This book was released on 2011-02-17 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.
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.
Book Synopsis The Legislative History of the International Criminal Court (2 vols.) by : M. Cherif Bassiouni
Download or read book The Legislative History of the International Criminal Court (2 vols.) written by M. Cherif Bassiouni and published by BRILL. This book was released on 2016-10-13 with total page 1621 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the Preparatory Commission (1998-2000) and the Regulations of the Court adopted by the plenary of judges. Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations.
