The Prosecution And Defense Of Peacekeepers Under International Criminal Law

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The Prosecution and Defense of Peacekeepers under International Criminal Law

Author : Geert-Jan Knoops
Publisher : BRILL
ISBN 13 : 9004480021
Total Pages : 416 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Prosecution and Defense of Peacekeepers under International Criminal Law by : Geert-Jan Knoops

Download or read book The Prosecution and Defense of Peacekeepers under International Criminal Law written by Geert-Jan Knoops and published by BRILL. This book was released on 2021-10-25 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Prosecution and Defense of Peacekeepers under International Criminal Law is the first comprehensive study on the international judicial implications of prosecution of international peacekeepers and members of military crisis operations under the principles of international criminal law and especially those of the International Criminal Court (ICC). Based on both domestic case law and that of the ICTY-ICTR, this study analyzes the foundation and application of international criminal liability concepts and defenses from the perspective of the prosecution and defense in the area of peacekeeping. This book assesses whether prosecution of international peacekeepers merits a distinct judicial position due to (UN) peacekeeping mandates as well as the concept of Rules of Engagement. Special attention is paid to the new era of international military crisis operations in terms of prosecution and defense of military servicemen involved in these operations. Published under the Transnational Publishers imprint.

Law Enforcement within the Framework of Peace Support Operations

Author : Roberta Arnold
Publisher : BRILL
ISBN 13 : 9047431383
Total Pages : 466 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Law Enforcement within the Framework of Peace Support Operations by : Roberta Arnold

Download or read book Law Enforcement within the Framework of Peace Support Operations written by Roberta Arnold and published by BRILL. This book was released on 2008-08-31 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War and the emergence of “asymmetric” threats like terrorism, the military has been increasingly entrusted with tasks traditionally belonging to the police. This development is visible through the new challenges posed to modern Peace Support Operations (PSO), intended as an umbrella definition covering different types of post-conflict peace operations, be these mandated under Chapter VI or Chapter VII of the United Nations Charter, with either peace-keeping, peace-enforcing or even peace-building goals. The aim of this volume is primarily to provide guidance, in the format of a handbook, to those deployed in the field and who are confronted with legal issues. In order to achieve this goal, the handbook is structured as follows: after this introduction, Part II addresses the general question whether law enforcement shall be a PSO task. Law enforcement is perceived by some states as a matter of self-defense.Part III then addresses the limits and possibilities of law enforcement by PSO.The discussion continues with Part IV, which provides some practical tools for those deployed to the field. Part V focuses instead on law enforcement within PSO, illustrating problems related to the prosecution of members of PSO forces suspected of illegal activities, and Part VI then draws the conclusions.

Practice and Policies of Modern Peace Support Operations under International Law

Author : Geert-Jan Knoops
Publisher : BRILL
ISBN 13 : 9047431200
Total Pages : 316 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Practice and Policies of Modern Peace Support Operations under International Law by : Geert-Jan Knoops

Download or read book Practice and Policies of Modern Peace Support Operations under International Law written by Geert-Jan Knoops and published by BRILL. This book was released on 2006-07-19 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confronted with the practical legal aspects of Peace Support Operations (PSO) in their daily work, the two authors realized that there was an urgent need for the international community of military and civilian lawyers, law enforcement agencies, policy makers, legal advisers and military commanders dealing with these types of missions to have a guidebook analyzing, questioning and providing some solutions to the practical legal aspects intrinsic in them and which are often known only to those who have been serving in the field. It was therefore decided to create a tool to record and diffuse the know-how acquired by those who have been directly confronted with these issues, in the field and at headquarters. Among the cutting-edge topics practitioners explore in Peace Support Operations & Their Legal Implications are human trafficking and illegal immigration in theatres of PSO such as the Balkans, arrest and detention of suspects of serious breaches of the laws of war, the relationship and role sharing of civilian law enforcement agencies and peacekeepers, the use of non-lethal and other weapons (e.g. riot control agents), criminal liability for breaches of international law and Rules Of Engagement. Contributions of a more strategic nature deal further with the complexities of Status of Forces Agreements and Memoranda of Understanding, the extraterritorial applicability of human rights obligations, the application of the law of occupation to peacekeeping forces, their new role and the relative problems in peace-building. The main objective of this guidebook is to provide the basis for further discussion, suggesting what should be done next, and to constitute a problem-solving tool for those deployed in the field, often secluded from the external world and confronted with difficulties to be solved immediately, under the pressure of time. The idea is to show them the path undertaken by others who have been confronted with similar problems and to share the knowledge and fight the power. Published under the Transnational Publishers imprint.

Peace and Justice at the International Criminal Court

Author : Errol Mendes
Publisher : Edward Elgar Publishing
ISBN 13 : 1849807027
Total Pages : 225 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Peace and Justice at the International Criminal Court by : Errol Mendes

Download or read book Peace and Justice at the International Criminal Court written by Errol Mendes and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Errol Mendes spent nearly a year as a Visiting Professional with the Prosecutor of the International Criminal Court. This has given him a unique perspective and some special insight into the big situations confronting the Court, including Darfur, Palestine and Uganda. William A. Schabas, National University of Ireland, Galway This authoritative book addresses the greatest challenge facing the International Criminal Court since its historic establishment in 1998: reconciling the demand for justice for the most serious crimes known to humanity with the promotion of sustainable peace in conflict areas around the world. In describing and analyzing this challenge, Errol Mendes demonstrates that the Court is a product of centuries of global efforts to integrate peace with justice. Focusing on two important prosecutions involving indictments of the president and other senior officials of Sudan and a savage rebel group in Northern Uganda, the author argues that the choice between peace and justice is not a zero sum game. Based on knowledge and experience obtained during his time as a visiting professional at the Court, the author combines insights from Court leaders with his own analysis in his call for greater international cooperation with the Court in fulfilling its mandate and overcoming other obstacles that threaten its work into the future. Scholars and students of criminal justice, international studies, political science and human rights, as well as civil society groups, government officials and those working with international justice organizations, will find in this book a unique and sophisticated perspective on this complex dilemma.

Peace and Justice at the International Criminal Court

Author : Errol P. Mendes
Publisher : Edward Elgar Publishing
ISBN 13 : 1783477091
Total Pages : 256 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Peace and Justice at the International Criminal Court by : Errol P. Mendes

Download or read book Peace and Justice at the International Criminal Court written by Errol P. Mendes and published by Edward Elgar Publishing. This book was released on 2019 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on how the International Criminal Court seeks accountability for the most serious crimes. Errol P. Mendes dives deep into the facts and rulings of the Court that involved some of the most serious conflicts in recent times to demonstrate that justice is critical for sustainable peace. What results is a detailed but honest critique of where the Court succeeds and where it needs to improve. The author goes on to provide a prediction of the greatest challenges facing the Court in the foreseeable future. This book is a valuable resource for academics and students in international criminal law and practice, public international relations, political science, military and, war studies etc.

Accountability Of Peace Support Operations

Author : M. C. Zwanenburg
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004143505
Total Pages : 376 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Accountability Of Peace Support Operations by : M. C. Zwanenburg

Download or read book Accountability Of Peace Support Operations written by M. C. Zwanenburg and published by Martinus Nijhoff Publishers. This book was released on 2005-01-01 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quis custodiet ipsos custodies? In other words, who guards the guardians? At a time when the mandate of many peace support operations includes halting violations of international humanitarian law by third parties, there is still a lack of clarity concerning accountability of peace support operations themselves. This book addresses that accountability, focusing on peace support operations under the command and control of the United Nations and the North Atlantic Treaty Organization. It is concerned with the accountability of international organizations as well as troops contributing and member states, but not of individuals. Drawing on existing and emerging doctrines of international law, including the law of state responsibility, the law of responsibility of international organizations, international institutional law and international humanitarian law, and on the basis of state practice, this book makes a strong plea for improving mechanisms to implement the accountability of peace support operations under international humanitarian law. The Paul Reuter Prize 2006 was awarded to Marten Zwanenburg for this book.

International Peacekeeping: The Yearbook of International Peace Operations

Author : Harvey Langholtz
Publisher : BRILL
ISBN 13 : 9004208453
Total Pages : 410 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Peacekeeping: The Yearbook of International Peace Operations by : Harvey Langholtz

Download or read book International Peacekeeping: The Yearbook of International Peace Operations written by Harvey Langholtz and published by BRILL. This book was released on 2021-11-22 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Peacekeeping is devoted to reporting upon and analyzing international peacekeeping with an emphasis upon legal and policy issues, but is not limited to these issues. It is recognized that in today's world there is a wealth of information available from the internet and through other sources. It is therefore the goal of this Yearbook to make this information available in one publication which both organizes and records events over the course of a year through analytical articles, a chronicle, primary documents, and a bibliography. Topics include inter alia peacekeeping, peace, war, conflict resolution, diplomacy, international law, international security, humanitarian relief, humanitarian law, and terrorism. The Yearbook is of scholarly quality but is not narrowly theoretical. It provides the interested public -- diplomats, civil servants, politicians, the military, academics, journalists, NGO employees, and serious citizens -- with a document of record, comment, and a starting point for further research on peacekeeping and related topics. This is achieved not only by the provision of 'basic documents' (on CD ROM), such as Security Council Resolutions and Reports of the UN Secretary- General, but also by expert commentaries on world events. Peacekeeping is treated in a pragmatic light, seen as a form of international military cooperation for the preservation or restoration of international peace and security. Attention is focused not only on UN peacekeeping operations, but other missions as well. This Yearbook is the continuation of the journal International Peacekeeping.

Defenses in Contemporary International Criminal Law

Author : Geert-Jan G. J. Knoops
Publisher : BRILL
ISBN 13 : 1571051589
Total Pages : 373 pages
Book Rating : 4.5/5 (71 download)

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Book Synopsis Defenses in Contemporary International Criminal Law by : Geert-Jan G. J. Knoops

Download or read book Defenses in Contemporary International Criminal Law written by Geert-Jan G. J. Knoops and published by BRILL. This book was released on 2008 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.

China's and Italy's Participation in Peacekeeping Operations

Author : Andrea de Guttry
Publisher : Lexington Books
ISBN 13 : 0739189328
Total Pages : 452 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis China's and Italy's Participation in Peacekeeping Operations by : Andrea de Guttry

Download or read book China's and Italy's Participation in Peacekeeping Operations written by Andrea de Guttry and published by Lexington Books. This book was released on 2014-04-28 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: China’s and Italy’s Participation in Peacekeeping Operations: Existing Models, Emerging Challenges examines the peacemaking efforts of these two countries through the lenses of international relations, history, sociology, and law. Using the specific experiences of Italy and China, this book addresses larger questions of how and why foreign powers intervene in the name of peace.

Thematic Prosecution of International Sex Crimes

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480243
Total Pages : 577 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis Thematic Prosecution of International Sex Crimes by : Morten Bergsmo

Download or read book Thematic Prosecution of International Sex Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-06-01 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Torture of Children During Armed Conflicts

Author : Sonja C. Grover
Publisher : Springer Science & Business Media
ISBN 13 : 3642406890
Total Pages : 228 pages
Book Rating : 4.6/5 (424 download)

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Book Synopsis The Torture of Children During Armed Conflicts by : Sonja C. Grover

Download or read book The Torture of Children During Armed Conflicts written by Sonja C. Grover and published by Springer Science & Business Media. This book was released on 2013-10-24 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court’s reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.

Protection of Personnel in Peace Operations

Author : Ola Engdahl
Publisher : BRILL
ISBN 13 : 9047419383
Total Pages : 376 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Protection of Personnel in Peace Operations by : Ola Engdahl

Download or read book Protection of Personnel in Peace Operations written by Ola Engdahl and published by BRILL. This book was released on 2007-03-09 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1994 Convention on the Safety of United Nations and Associated Personnel (Safety Convention) was the first multilateral convention to deal specifically with the protection of personnel engaged in peace operations. It should be viewed against the background of the increasingly volatile environments in which peace operation personnel were required to operate at the beginning of the 1990s. An Optional Protocol, extending the automatic application of the Safety Convention to new categories of operation, was adopted in December 2005. Protection, which a host government is responsible for securing for personnel in peace operations, may be categorised as general and special protection. The former includes, for example, human rights law and international humanitarian law. The latter comprises privileges and immunities accorded to agents of states or organisations. The contribution of the Safety Convention is mainly one of interstate penal law co-operation. States parties are obligated to co-operate in order to effectively prosecute the perpetrators of stipulated crimes. The protection afforded by the Safety Convention may therefore be categorised as being part of an emerging legal regime against impunity. An effective protection needs to address the specific challenges surrounding peace operations. Some of these challenges, identified in this study, are related to the interplay between the rules of peace and war as well as responsibility and accountability of protected personnel. It is also contended that there is a need for an effective implementation of existing rules, and a careful development of so-called status-of-forces agreements applicable in peace operations.

A Brief History of International Criminal Law and International Criminal Court

Author : Cenap Çakmak
Publisher : Springer
ISBN 13 : 1137567368
Total Pages : 305 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis A Brief History of International Criminal Law and International Criminal Court by : Cenap Çakmak

Download or read book A Brief History of International Criminal Law and International Criminal Court written by Cenap Çakmak and published by Springer. This book was released on 2017-05-29 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a historical presentation of how international criminal law has evolved from a national setting to embodying a truly international outlook. As a growing part of international law this is an area that has attracted growing attention as a result of the mass atrocities and heinous crimes committed in different parts of the world. Çakmak pays particular attention to how the first permanent international criminal court was created and goes on to show how solutions developed to address international crimes have remained inadequate and failed to restore justice. Calling for a truly global approach as the only real solution to dealing with the most severe international crimes, this text will be of great interest to scholars of criminal justice, political science, and international relations.

Sexual Exploitation and Abuse by UN Military Contingents

Author : Róisín Sarah Burke
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004208488
Total Pages : 402 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Sexual Exploitation and Abuse by UN Military Contingents by : Róisín Sarah Burke

Download or read book Sexual Exploitation and Abuse by UN Military Contingents written by Róisín Sarah Burke and published by Martinus Nijhoff Publishers. This book was released on 2014-06-06 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Sexual Exploitation and Abuse by UN Military Contingents: Moving Beyond the Current Status Quo and Responsibility under International law Róisín Burke explores the difficulty of dealing with sexual offences committed by UN military contingent personnel.

Redressing Miscarriages of Justice: Practice and Procedure in National and International Criminal Law Cases

Author : Geert-Jan Knoops
Publisher : BRILL
ISBN 13 : 9004478361
Total Pages : 227 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Redressing Miscarriages of Justice: Practice and Procedure in National and International Criminal Law Cases by : Geert-Jan Knoops

Download or read book Redressing Miscarriages of Justice: Practice and Procedure in National and International Criminal Law Cases written by Geert-Jan Knoops and published by BRILL. This book was released on 2021-08-30 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Knoops’ work functions not only as an essential textbook but also as a practical guide for practitioners on the procedural mechanisms available to them after they have exhausted all locally available remedies for redressing miscarriages of justice. Redressing Miscarriages of Justice in (Inter)national Criminal Cases succinctly analyzes techniques and practices before both national courts and international criminal tribunals, attempting to answer such questions as “when is a conviction safe or unsafe” and “when and how to assess and introduce fresh evidence to reopen a criminal case.” While addressing, inter alia, the role of human rights protection and forensic sciences in this area, the text develops a legal framework which is instrumental for practitioners dealing with review procedures before domestic courts (U.S., U.K., Canada, the Netherlands) and international criminal tribunals such as the ICTY, ICTR and ICC. Published under the Transnational Publishers imprint.

The Legal Regime of the International Criminal Court

Author : José Doria
Publisher : BRILL
ISBN 13 : 9004163085
Total Pages : 1149 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Legal Regime of the International Criminal Court by : José Doria

Download or read book The Legal Regime of the International Criminal Court written by José Doria and published by BRILL. This book was released on 2009 with total page 1149 pages. Available in PDF, EPUB and Kindle. Book excerpt: This impressive and unique collection of essays covers important aspects of the legal regime of the International Criminal Court (ICC). The volume begins with an analysis of the historical development of the ICC, the progressive development of international humanitarian and international criminal law by the ad hoc Tribunals and the work of mixed national/international jurisdictions. The legal and institutional basis of the ICC is then dealt with in detail, including the organs of the ICC, war crimes, crimes against humanity and crimes of aggression, modes of liability before the ICC and defences before the ICC. Part III focuses on the court at work, including its procedural rules, criminal proceedings at the ICC, penalties and appeal and revision procedures. Part IV deals with the relationship of the ICC with states and international organizations. The contributors are established scholars in the field of international criminal and humanitarian law, many of whom are practitioners in the various tribunals.

Documents on the Law of UN Peace Operations

Author : Bruce Oswald
Publisher : Oxford University Press, USA
ISBN 13 : 019875728X
Total Pages : 705 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Documents on the Law of UN Peace Operations by : Bruce Oswald

Download or read book Documents on the Law of UN Peace Operations written by Bruce Oswald and published by Oxford University Press, USA. This book was released on 2019-01-03 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing for the first time, a comprehensive and scholarly account of the normative framework involved in the area of collective international peace and security, Documents on the Law of Peace Operations moves beyond the study of traditional UN peacekeeping missions to examine missions initiated by regional organizations and by coalitions of states, as well as missions with a hybrid nature. The book provides key documents, accompanied with commentary, which identify and explain the legal framework or applicable legal norms involved in the planning, management and conduct of international peace operations. Topics covered include obligations under international humanitarian law, human rights law, international criminal law, and privileges and immunities. Special attention is also paid to matters such as accountability, the rule of law, and the protection of civilians. Appealing to scholars, policy makers, as well as representatives in the military, police and humanitarian organisations, this book will be an invaluable resource to develop better understandings of the legal norms relevant to a broad range of peace operations.