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Theories Of Co Perpetration In International Criminal Law
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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 A Theory of Punishable Participation in Universal Crimes by : Terje Einarsen
Download or read book A Theory of Punishable Participation in Universal Crimes written by Terje Einarsen and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-12-07 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding 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 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 Perpetrators and Accessories in International Criminal Law by : Neha Jain
Download or read book Perpetrators and Accessories in International Criminal Law written by Neha Jain and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.
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 Law and Practice of the International Criminal Court by : Carsten Stahn
Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Book Synopsis Translating Guilt by : Cassandra Steer
Download or read book Translating Guilt written by Cassandra Steer and published by Springer. This book was released on 2017-02-26 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.
Book Synopsis International Criminal Law by : BETH VAN. SLYE SCHAACK (RONALD C.)
Download or read book International Criminal Law written by BETH VAN. SLYE SCHAACK (RONALD C.) and published by Foundation Press. This book was released on 2020-11-27 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This engaging primer presents the field of International Criminal Law (ICL) in new and accessible ways. It provides a concise summary of key ICL doctrines while also raising novel and interdisciplinary perspectives. It targets a wide range of audiences, including law and other graduate students studying international law and related disciplines, such as human rights, transitional justice, peacebuilding, and conflict resolution. The book will also be useful for those working in the field--including diplomats, mediators, government officials, and negotiators--who need to understand the foundations and core concepts of ICL. It offers a useful primer for someone new to the field, and provides thought-provoking discussions for more seasoned practitioners. Part I introduces the domain of ICL. Specific chapters are devoted to the different strands of the field's history; the web of institutions that apply and interpret ICL; how the rules of international law generally, and ICL in particular, are created; theories that attempt to explain why certain crimes are subject to international regulation; and the unique challenges posed by the principle of legality within ICL. Part II is devoted to the intersecting elements of the major crimes recognized by international law (war crimes, crimes against humanity, genocide, aggression, and terrorism), the unique development of modes of liability under international law (including superior responsibility, complicity, co-perpetration, and joint criminal enterprise), and some of the defenses that might be deployed to block or mitigate liability (immunities, amnesties, and excuses). The text ends with two synthesis chapters. The first provides an in-depth case study of Syria to illustrate the way in which members of the international community can attempt to invoke, and block access to, the architecture of ICL and related accountability mechanisms. The second revisits some of the fundamental objectives underlying ICL, the more trenchant critiques of the project of international justice, and the breadth of creativity underlying alternative mechanisms developed under the cognate fields of transitional justice and conflict resolution. More than a hornbook, the text goes beyond a straight doctrinal discussion of ICL and offers insightful and provocative insights into the field. In so doing, it highlights points of intersection and divergence within core doctrines and offers a candid assessment of challenges in the field and opportunities for growth and development.
Book Synopsis Commentary on the Law of the International Criminal Court by : Mark Klamberg
Download or read book Commentary on the Law of the International Criminal Court written by Mark Klamberg and published by Torkel Opsahl Academic EPublisher. This book was released on 2017-04-29 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Justice in Extreme Cases by : Darryl Robinson
Download or read book Justice in Extreme Cases written by Darryl Robinson and published by Cambridge University Press. This book was released on 2020-12-17 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.
Book Synopsis Perpetrators of International Crimes by : Alette Smeulers
Download or read book Perpetrators of International Crimes written by Alette Smeulers and published by Oxford University Press. This book was released on 2019-02-07 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why would anyone commit a mass atrocity such as genocide, crimes against humanity, war crimes, or terrorism? This question is at the core of the multi- and interdisciplinary field of perpetrator studies, a developing field which this book assesses in its full breadth for the first time. Perpetrators of International Crimes analyses the most prominent theories, methods, and evidence to determine what we know, what we think we know, as well as the ethical implications of gathering this knowledge. It traces the development of perpetrator studies whilst pushing the boundaries of this emerging field. The book includes contributions from experts from a wide array of disciplines, including criminology, history, law, sociology, psychology, political science, religious studies, and anthropology. They cover numerous case studies, including prominent ones such as Nazi Germany, Rwanda, and the former Yugoslavia, but also those that are relatively under researched and more recent, such as Sri Lanka and the Islamic State. These have been investigated through various research methods, including but not limited to, trial observations and interviews.
Book Synopsis Pluralism in International Criminal Law by : Elies van Sliedregt
Download or read book Pluralism in International Criminal Law written by Elies van Sliedregt and published by OUP Oxford. This book was released on 2014-10-02 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.
Book Synopsis The Theory and Practice of International Criminal Law by : Leila Nadya Sadat
Download or read book The Theory and Practice of International Criminal Law written by Leila Nadya Sadat and published by BRILL. This book was released on 2008 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Cherif Bassiouni" is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on "Cherif Bassiouni's" unique legacy within this important area. Among the contributing authors are "Louise Arbour," UN High Commissioner for Human Rights; "Mahnoush Arsanjani," Chief of the UN Office of Legal Affairs Codification Division; "Diane Orentlicher," UN Independent Expert on Combating Impunity; "Michael Reisman," former President of the Inter-American Commission for Human Rights; "Yves Sandoz," Director for International Law of the International Committee of the Red Cross; "William Schabas," Member of the Sierra Leone Truth Commission; "Brigitte Stern," Advocate for the Bosnians in the World Court's Genocide case; and "Prince Hassan bin Talal," first President of the Assembly of States Parties of the International Criminal Court.
Book Synopsis The Relationship Between State and Individual Responsibility for International Crimes by : Béatrice I. Bonafè
Download or read book The Relationship Between State and Individual Responsibility for International Crimes written by Béatrice I. Bonafè and published by BRILL. This book was released on 2009 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.
Book Synopsis Trials for International Crimes in Asia by : Kirsten Sellars
Download or read book Trials for International Crimes in Asia written by Kirsten Sellars and published by Cambridge University Press. This book was released on 2015-10-22 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive legal appraisal of tribunals convened across Asia to try war crimes, crimes against humanity, and genocide.
Book Synopsis The African Court of Justice and Human and Peoples' Rights in Context by : Charles C. Jalloh
Download or read book The African Court of Justice and Human and Peoples' Rights in Context written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2019-05-16 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
