Universal Jurisdiction Under International Criminal Law A Critical Analysis

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Universal Jurisdiction under International Criminal Law. A Critical Analysis

Author : P. R. Ramdhass
Publisher : GRIN Verlag
ISBN 13 : 3668779473
Total Pages : 168 pages
Book Rating : 4.6/5 (687 download)

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Book Synopsis Universal Jurisdiction under International Criminal Law. A Critical Analysis by : P. R. Ramdhass

Download or read book Universal Jurisdiction under International Criminal Law. A Critical Analysis written by P. R. Ramdhass and published by GRIN Verlag. This book was released on 2018-08-22 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Document from the year 2018 in the subject Law - Miscellaneous, , language: English, abstract: The concept of universal jurisdiction evolved out of protecting international commerce, but now it has become a necessity for protecting human values in modern times. Even though the concept is good, its misuse threatens peaceful international relations. The study propose to discuss the legal status of the concept of universal jurisdiction under international law and its conflict with other legal principles like State sovereignty, sovereign immunity and non-intervention. It will also highlight how jus cogens norms and obligatio erga omnes strengthen the concept of universal jurisdiction. Further, the study will discuss the related concepts, such as ‘responsibility to protect’ and ‘extradite or prosecute’. However, scope of the study will be limited to the problems of universal jurisdiction under international criminal law; and it will not address the issues of active, passive and territorial jurisdictions except to the extent necessary.

International Criminal Justice

Author : Michael Bohlander
Publisher : Cameron May
ISBN 13 : 1905017448
Total Pages : 506 pages
Book Rating : 4.9/5 (5 download)

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Book Synopsis International Criminal Justice by : Michael Bohlander

Download or read book International Criminal Justice written by Michael Bohlander and published by Cameron May. This book was released on 2007 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.

Crimes Against Humanity

Author : Nergis Canefe
Publisher : University of Wales Press
ISBN 13 : 178683703X
Total Pages : 338 pages
Book Rating : 4.7/5 (868 download)

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Book Synopsis Crimes Against Humanity by : Nergis Canefe

Download or read book Crimes Against Humanity written by Nergis Canefe and published by University of Wales Press. This book was released on 2021-04-15 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers how, based on the examination of cases pertaining to transitional justice settings that resort to local interpretations of crimes against humanity jurisprudence, fragmentation of international law and circumscribed applications of universal jurisdiction are necessary aspects of the grand enterprise to overcome the impasse of the tainted legacy of international criminal law in the Global South. If we are to proceed with adjudication of the most egregious and heinous crimes involving state criminality without facing the charge of neo-colonialist plotting, then we must reckon with localised and domesticated interpretations of international criminal law, rather than pursuing strict forms of legislative dictation of international criminal law.

Universal Jurisdiction

Author : Stephen Macedo
Publisher : University of Pennsylvania Press
ISBN 13 : 9780812219500
Total Pages : 398 pages
Book Rating : 4.2/5 (195 download)

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Book Synopsis Universal Jurisdiction by : Stephen Macedo

Download or read book Universal Jurisdiction written by Stephen Macedo and published by University of Pennsylvania Press. This book was released on 2006-02-22 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.

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.

Contemporary International Criminal Law Issues

Author : Takeh B. K. Sendze
Publisher : Springer Nature
ISBN 13 : 9462655553
Total Pages : 457 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Contemporary International Criminal Law Issues by : Takeh B. K. Sendze

Download or read book Contemporary International Criminal Law Issues written by Takeh B. K. Sendze and published by Springer Nature. This book was released on 2023-03-28 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses diverse international criminal law (ICL) issues in light of recent developments in the international criminal justice system following the pursuit of accountability in Africa and around the world. It gives a scholarly analysis of issues pertaining to ICL and the pursuit of accountability in Africa by way of several topics including universal jurisdiction in Africa, Boko Haram in Nigeria, the legitimacy of the ICTR, the law of genocide committed against the Herero and Nama peoples, the African perspective on international co-operation in criminal matters, the Malabo Protocol, and whether an African Regional Court is a viable alternative to the ICC. Further discussed are other aspects of ICL, such as prosecuting sexual and gender-based crimes at the ICC, sexual and gender-based crimes perpetrated against men, guilty pleas within ICL and slavery within international criminal justice. With this, the book also refers to the jurisprudence of several international courts and tribunals including the ICTR, the ICTY, the SCSL, the ICC, the ECCC, the KSC, and the STL. This timely contributed volume updates international criminal law experts, practitioners, academics, human rights activists and other stakeholders on contemporary developments in ICL and provides recommendations that address accountability for mass atrocity crimes and ideas for strategic ICL litigation at the national, international, regional and sub-regional levels. It will prompt constructive exchanges on what can be improved in prosecuting mass atrocity crimes around the world. Takeh B.K. Sendze is an Advocate and Legal Officer with the United Nations International Residual Mechanism for Criminal Tribunals in Arusha, Tanzania. Adesola Adeboyejo is a Trial Lawyer at the International Criminal Court. Sir Howard Morrison QC is a former International Judge and an Associate Tenant at Doughty Street Chambers in London, United Kingdom. Sophia Ugwu is a Solicitor and Advocate who founded the Centre for African Justice, Peace and Human Rights in The Hague, The Netherlands.

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.

UN Security Council Referrals to the International Criminal Court

Author : Alexandre Skander Galand
Publisher : BRILL
ISBN 13 : 9004342214
Total Pages : 278 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis UN Security Council Referrals to the International Criminal Court by : Alexandre Skander Galand

Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.

Universal Jurisdiction: The Sierra Leone Profile

Author : Justice Bankole Thompson
Publisher : Springer
ISBN 13 : 9462650543
Total Pages : 141 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Universal Jurisdiction: The Sierra Leone Profile by : Justice Bankole Thompson

Download or read book Universal Jurisdiction: The Sierra Leone Profile written by Justice Bankole Thompson and published by Springer. This book was released on 2015-03-12 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country’s profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such criminogenic acts. Hence, a compelling reason for the author to write this book was to provide a seminal scholarly work on the subject articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. It was also to propose necessary substantive and procedural law reforms in the state’s jurisprudence on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant tables and summaries of each chapter. Justice Rosolu J.B. Thompson is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a member of and Presiding Judge in Trial Chamber I of the Special Court for Sierra Leone.

The Princeton Principles on Universal Jurisdiction

Author : Stephen Macedo
Publisher :
ISBN 13 : 9780971185906
Total Pages : 67 pages
Book Rating : 4.1/5 (859 download)

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Book Synopsis The Princeton Principles on Universal Jurisdiction by : Stephen Macedo

Download or read book The Princeton Principles on Universal Jurisdiction written by Stephen Macedo and published by . This book was released on 2001 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Universal Jurisdiction in International Criminal Law

Author : Aisling O'Sullivan
Publisher : Routledge
ISBN 13 : 131730120X
Total Pages : 439 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Universal Jurisdiction in International Criminal Law by : Aisling O'Sullivan

Download or read book Universal Jurisdiction in International Criminal Law written by Aisling O'Sullivan and published by Routledge. This book was released on 2017-02-03 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.

International Criminal Law in Context

Author : Philipp Kastner
Publisher : Routledge
ISBN 13 : 1317198999
Total Pages : 346 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis International Criminal Law in Context by : Philipp Kastner

Download or read book International Criminal Law in Context written by Philipp Kastner and published by Routledge. This book was released on 2017-10-20 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

Domesticating International Criminal Law

Author : Florian Jeßberger
Publisher : Taylor & Francis
ISBN 13 : 1000886433
Total Pages : 285 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Domesticating International Criminal Law by : Florian Jeßberger

Download or read book Domesticating International Criminal Law written by Florian Jeßberger and published by Taylor & Francis. This book was released on 2023-06-01 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the "Völkerstrafgesetzbuch", 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice. Following the adoption of the ICC Statute, many States, including Germany with the "Völkerstrafgesetzbuch", introduced specific legislation to incorporate international criminal law into their domestic legal systems and a considerable number of them have been investigating and prosecuting war crimes, crimes against humanity, genocide, and even aggression ever since. Twenty-five years later, however, the process is not completed as other countries, like Italy, are still working on adopting provisions on international crimes. This book opens with a broad overview of the different approaches of the domestication of international criminal law, with a specific focus on the German and the Italian systems. After an assessment of the prerequisites for the domestic implementation of international criminal law, also from a constitutional law perspective, each chapter offers an in-depth analysis of a specific issue, such as: the definition of international crimes (genocide and crimes against humanity, war crimes and aggression); the applicability of and exceptions to the general principles of domestic criminal law; the regulation of individual criminal responsibility; sanctions and sentencing; as well as procedural aspects related to immunities, jurisdiction and prosecutorial discretion. The strong academic perspective of many authors is complemented by an equally strong practitioner perspective of the others, provided by legal scholars in the highest positions in international and national judicial institutions, resulting in a well-informed and critical appraisal of the most recent developments overall in the international criminal justice system. Domesticating International Criminal Law will be of great interest to legal scholars and students, as well as practitioners with an interest in comparative and international law, international criminal law and international relations.

The Permanent International Criminal Court

Author : Dominic McGoldrick
Publisher : Hart Publishing
ISBN 13 : 1841132810
Total Pages : 517 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis The Permanent International Criminal Court by : Dominic McGoldrick

Download or read book The Permanent International Criminal Court written by Dominic McGoldrick and published by Hart Publishing. This book was released on 2004-03 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court.

Double Standards in International Criminal Justice

Author : Wolfgang Kaleck
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480065
Total Pages : 4 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis Double Standards in International Criminal Justice by : Wolfgang Kaleck

Download or read book Double Standards in International Criminal Justice written by Wolfgang Kaleck and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-05-29 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Diversification and Fragmentation of International Criminal Law

Author : Larissa van den Herik
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004214593
Total Pages : 735 pages
Book Rating : 4.0/5 (42 download)

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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’.