Domesticating International Criminal Law

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Author :
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.

Quality Control in Preliminary Examination

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Author :
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 828348124X
Total Pages : 706 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis Quality Control in Preliminary Examination by : Morten Bergsmo

Download or read book Quality Control in Preliminary Examination written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-09-06 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Crimes in National Regulations of Selected States

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Publisher : Wydawnictwo Instytutu Wymiaru Sprawiedliwości
ISBN 13 : 8367149254
Total Pages : 286 pages
Book Rating : 4.3/5 (671 download)

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Book Synopsis International Crimes in National Regulations of Selected States by : Patrycja Grzebyk

Download or read book International Crimes in National Regulations of Selected States written by Patrycja Grzebyk and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The analysis of national systems shows that states do not follow a single legislative model to govern criminal responsibility for international crimes at the national level, and often face doubts as to how far they are only expected to copy international constructions, and how far they should modify treaty or customary international law solutions to adapt them to their specific needs or legal culture. In the presented texts, the reader will find a range of commentaries on the definition of crimes, the rules of jurisdiction, the rules of responsibility, as well as difficulties in the framing of specific crimes within a judgement. The texts refer to the practice of national courts as well as international and internationalized courts. The authors of this publication hope that showing various national perspectives, political and – at times – cultural impacts on certain legal solutions will both facilitate understanding of the doubts as to the current form of international law norms and the system of international justice now in operation, and enable learning lessons for the future directions of amendments to national legislations, so that errors or difficulties once encountered in some countries could be turned into more robust legal constructions in others.

Principles of International Criminal Law

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Publisher : OUP Oxford
ISBN 13 : 019100863X
Total Pages : 600 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Principles of International Criminal Law by : Gerhard Werle

Download or read book Principles of International Criminal Law written by Gerhard Werle and published by OUP Oxford. This book was released on 2014-08-14 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.

First Do No Harm: Medical Ethics in International Humanitarian Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004279164
Total Pages : 512 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis First Do No Harm: Medical Ethics in International Humanitarian Law by : Sigrid Mehring

Download or read book First Do No Harm: Medical Ethics in International Humanitarian Law written by Sigrid Mehring and published by Martinus Nijhoff Publishers. This book was released on 2014-11-28 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: In First Do No harm: Medical Ethics in International Humanitarian Law Sigrid Mehring provides a comprehensive overview of the legal and ethical framework guiding physicians in armed conflict. Due to its timeliness, the book is invaluable to practitioners and legal scholars alike.

Annual of German and European Law

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Publisher : Berghahn Books
ISBN 13 : 9781571814142
Total Pages : 708 pages
Book Rating : 4.8/5 (141 download)

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Book Synopsis Annual of German and European Law by : Russell A. Miller

Download or read book Annual of German and European Law written by Russell A. Miller and published by Berghahn Books. This book was released on 2004 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complementing the highly successful online German Law Journal, this new publication aims to deepen and develop some of the issues discussed in the Journal as well as to take up new questions and directions of commentary. Focusing on pressing legal questions of socio-political relevance, it offers scholarly articles, reports, book reviews and selected statutes or court decisions in English translation in all fields of German and European Law. The main objective is to offer border-transcending and interdisciplinary research into fast moving areas of the law, often involving a complex array of institutional, political, and private actors.

Man's Inhumanity to Man

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Publisher : BRILL
ISBN 13 : 9004479090
Total Pages : 1060 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Man's Inhumanity to Man by : Lal Chand Vohrah

Download or read book Man's Inhumanity to Man written by Lal Chand Vohrah and published by BRILL. This book was released on 2021-10-18 with total page 1060 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains a unique collection of essays on various aspects of current interest within the field of public international law, international criminal law, human rights and humanitarian law. The wide range and topicality of the issues covered bears witness to the vast professional experience of Antonio Cassese, the first President of the ICTY, in whose honour this collection has been compiled, and to the many fields of scholarship in which he has left a permanent mark. Written by a selection of renowned academics and practitioners, Man’s Inhumanity to Man offers the reader thought-provoking discussion on the International Criminal Court, the ICTY and International Criminal Tribunal for Rwanda and other aspects of international criminal justice; on truth commissions and amnesties in the aftermath of armed conflicts; on military humanitarian intervention and the development of human rights protection.

Quality Control in Preliminary Examination

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Author :
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283481126
Total Pages : 764 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis Quality Control in Preliminary Examination by : Morten Bergsmo

Download or read book Quality Control in Preliminary Examination written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-09-06 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Politics of International Criminal Justice

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319475
Total Pages : 160 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Politics of International Criminal Justice by : Ronen Steinke

Download or read book The Politics of International Criminal Justice written by Ronen Steinke and published by Bloomsbury Publishing. This book was released on 2012-05-25 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: To anyone setting out to explore the entanglement of international criminal justice with the interests of States, Germany is a particularly curious, exemplary case. Although a liberal democracy since 1949, its political position has altered radically in the last 60 years. Starting from a position of harsh scepticism in the years following the Nuremberg Trials, and opening up to the rationales of international criminal justice only slowly - and then mainly in the context of domestic trials against functionaries of the former East German regime after 1990 - Germany is today one of the most active supporters of the International Criminal Court. The climax of this is its campaigning to make the ICC independent of the UN Security Council - a debate in which Germany took a position in stark contrast to the United States. This book offers new insight into the debates leading up to such policy shifts. Drawing on government documents and interviews with policymakers, it enriches a broader debate on the politics of international criminal justice which has to date often been focused primarily on the United States.

Making Aggression a Crime Under Domestic Law

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Author :
Publisher : Springer Nature
ISBN 13 : 946265591X
Total Pages : 526 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Making Aggression a Crime Under Domestic Law by : Annegret Hartig

Download or read book Making Aggression a Crime Under Domestic Law written by Annegret Hartig and published by Springer Nature. This book was released on 2023-03-13 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the “supreme international crime” that gave birth to international criminal law in Nuremberg, its ICC Statute definition has been incorporated into domestic law by fewer than 20 States. The crime of aggression was also omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current inability of the International Criminal Court to respond to the Russian aggression towards Ukraine invites the continuation of these academic debates without neglecting the particularities of the crime of aggression. The fundamental issues discussed in this volume include the obligation to criminalize aggression, the core wrong of the crime, the normative gaps under domestic law and the jurisdictional gaps under the ICC Statute. To facilitate the operationalization of domestic implementation, the book explores the technical options for incorporating the definition into domestic law, the geographical ambit of domestic jurisdiction—most notably universal jurisdiction—as well as legal challenges such as immunities. The book is aimed primarily at researchers and States with an interest in the domestic implementation of international criminal law but those already working in the field should also find much of interest contained within it. Dr. Annegret Hartig is Program Director of the Global Institute for the Prevention of Aggression and worked as a researcher at the University of Hamburg where she obtained her doctoral degree in international criminal law.

The Fundamental Rules of the International Legal Order

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Publisher : BRILL
ISBN 13 : 9004149813
Total Pages : 483 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Fundamental Rules of the International Legal Order by : Christian Tomuschat

Download or read book The Fundamental Rules of the International Legal Order written by Christian Tomuschat and published by BRILL. This book was released on 2006 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.

Justice Without Borders

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Publisher : BRILL
ISBN 13 : 9004352066
Total Pages : 484 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Justice Without Borders by : Martin Böse

Download or read book Justice Without Borders written by Martin Böse and published by BRILL. This book was released on 2018-01-25 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Without Borders is a collection of essays on international criminal law, European criminal law and international cooperation of distinguished authors that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018.

Treatise on International Criminal Law

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Publisher : Oxford University Press
ISBN 13 : 0192895737
Total Pages : 449 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Treatise on International Criminal Law by : Kai Ambos

Download or read book Treatise on International Criminal Law written by Kai Ambos and published by Oxford University Press. This book was released on 2022 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal law and justice is a flourishing field which has led, in recent years, to new international criminal tribunals and new mechanisms for investigation and holding criminals to account. These developments have, in turn, led to an increasing volume and greater consolidation of case law, and even more scholarly attention. The second edition of this volume of Kai Ambos' seminal treatise has been revised and rewritten in parts to provide coverage of recent developments in the 'Special Part' of international criminal law: namely, the specific crimes and sentencing. Amongst other updates, there are significant extensions of the discussion on sexual and gender-based crimes; the introduction of environmental crimes into international criminal law; further elaboration on the nexus requirement in war crimes and asymmetrical conflicts (e.g., ISIS); and reference to the newly introduced war crimes of the ICC Statute and of the peculiarities of cyber-attacks and other emerging activities. The volume complements Volume I of the treatise on issues relevant to the foundations, general part of international criminal law, and general principles of international criminal justice. Taken together with the other new editions of the three-volume series, this second edition provides an exhaustive guide to every aspect of international criminal law, from fundamental principles to procedures and implementation. Kai Ambos' Treatise remains an indispensable reference work for academics and practitioners of international criminal law.

The implementation of international law in Germany and South Africa

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Author :
Publisher : PULP
ISBN 13 : 1920538364
Total Pages : 538 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis The implementation of international law in Germany and South Africa by : Mehrdad Payandeh

Download or read book The implementation of international law in Germany and South Africa written by Mehrdad Payandeh and published by PULP. This book was released on 2015-07-23 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Africa, the power house of the African continent, as well as Germany, Europe’s largest economic power, are faced with an intricate maze of international obligations, whether related to the United Nations, the World Trade Organization, the African Union or the European Union (EU), international human rights law, international humanitarian law, or any other sub-regime of international law. The two countries are in a different position when facing the implementation of this maze of obligations. South Africa is a developing economy that faces various capacity challenges which, at times, also impact the manner and extent to which it implements its international treaty obligations. Germany, ont the other hand, benefits from comparatively well-funded institutes of international law and a well-trained academic community, which have contributed to the successful implementation of much of international law. But as the relevant chapters in this volume show, the German case is not without its own complexities. As a result, an exchange of ideas and experiences pertaining to the implementation of international obligations can prove fruitful for both countries. Moreover, such an exchange could also serve as a useful point of departure for other countries in Southern Africa that face similar challenges in relation to implementation. The current book explores suitable techniques of implementation of international law, by comparing South Africa with Germany. After a general overview of the status of international law within Germany and South Africa respectively, it focuses on the implementation of international instruments pertaining to key sub-areas of international law in the two countries. These include the United Nations Charter (peace and security), the international law of the sea, international economic law, international environmental law, international human rights law, international criminal law, regional integration, and the status of international judicial decisions before domestic courts.

Nürnberger Prozesse : Völkerstrafrecht Seit 1945

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Author :
Publisher : De Gruyter Saur
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Nürnberger Prozesse : Völkerstrafrecht Seit 1945 by : Herbert R. Reginbogin

Download or read book Nürnberger Prozesse : Völkerstrafrecht Seit 1945 written by Herbert R. Reginbogin and published by De Gruyter Saur. This book was released on 2006 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.

The Criminal Law of Genocide

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Author :
Publisher : Routledge
ISBN 13 : 1317036964
Total Pages : 328 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Criminal Law of Genocide by : Paul Behrens

Download or read book The Criminal Law of Genocide written by Paul Behrens and published by Routledge. This book was released on 2016-03-16 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.

European International Law Traditions

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Author :
Publisher : Springer Nature
ISBN 13 : 3030520285
Total Pages : 339 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis European International Law Traditions by : Peter Hilpold

Download or read book European International Law Traditions written by Peter Hilpold and published by Springer Nature. This book was released on 2020-11-20 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: ​International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. /divChapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.