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Dynamic Interpretation In International Criminal Law
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Book Synopsis Dynamic Interpretation in International Criminal Law by : Alexander Grabert
Download or read book Dynamic Interpretation in International Criminal Law written by Alexander Grabert and published by Herbert Utz Verlag. This book was released on 2015-06-17 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interpretive process in International Criminal Law (›ICL‹) is characterised by a conflict between the requirements for stability and change. On the one hand, ICL provides for the ›criminal‹ responsibility of individuals. Thus, there is an enhanced requirement for legal certainty: According to the principle of legality, the addressee of the law must be able to identify the prohibited conduct in advance in order to be able to avoid criminal sanctions. On the other hand, however, ICL forms part of ›international‹ law. Hence, it derives to some extent from international treaties. Whereas the forms of criminal conduct are continuously evolving, treaties are rather static instruments – they cannot be adapted to a changing environment within a short period of time. Thus, reality is developing at a pace that the law cannot always match. In consequence, there is a certain need to account for evolving circumstances within the framework of interpretation. The aim of this book is to review the consequences of this conflict for the interpretation of ICL. How can the conflicting requirements be brought into balance? Can substantive rules of ICL be interpreted in a ›dynamic‹ fashion to the detriment of the accused without violating the principle of legality? How do international criminal courts and tribunals deal with this issue?
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.
Book Synopsis The Diversification and Fragmentation of International Criminal Law by : Larissa van den Herik
Download or read book The Diversification and Fragmentation of International Criminal Law written by Larissa van den Herik and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Book Synopsis Interpreting Crimes in the Rome Statute of the International Criminal Court by : Leena Grover
Download or read book Interpreting Crimes in the Rome Statute of the International Criminal Court written by Leena Grover and published by Cambridge University Press. This book was released on 2014-10-16 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first detailed analysis of, and guide to, the interpretation of international crimes defined in the Rome Statute.
Book Synopsis Principles of International Criminal Law by : Gerhard Werle
Download or read book Principles of International Criminal Law written by Gerhard Werle and published by Oxford University Press. This book was released on 2014 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.
Book Synopsis Meaning Making in International Criminal Law by : Ciara Laverty
Download or read book Meaning Making in International Criminal Law written by Ciara Laverty and published by BRILL. This book was released on 2024-05-30 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the normative dimensions of the acts that constitute international crimes. The book conceptualises the normative dimensions of these acts as processes of construction and meaning making. Developing a novel methodological approach, it identifies the narratives and discourses that emerge in practice as central for understanding the normative meanings of these acts. Using the crimes of attacks on cultural property, pillage, sexual violence and reproductive violence as case studies, the book offers a historical, conceptual, and discursive analysis of these crimes to develop a dynamic, pluralist and socially constructed account of wrong in international criminal law.
Book Synopsis Illicitly Obtained Evidence at the International Criminal Court by : Petra Viebig
Download or read book Illicitly Obtained Evidence at the International Criminal Court written by Petra Viebig and published by Springer. This book was released on 2016-01-04 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.
Book Synopsis Research Handbook on International Criminal Law by : Bartram S. Brown
Download or read book Research Handbook on International Criminal Law written by Bartram S. Brown and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This timely, valuable and thought-provoking contribution to our understanding of the vibrant new subject that is international criminal law, is a great addition to the literature and to our understanding. Professor Bart Brown deserves real appreciation for bringing it together.' – Philippe Sands QC, University College London and Matrix Chambers, UK 'The Research Handbook is a comprehensive up-to-date guide to one of the youngest yet most dynamic areas of international law. It tackles the pertinent challenges and opportunities, starting with the classical issues like categories of international crimes and complementarity, going on to address the problems ahead including the Guantánamo regime, crimes against women and the status of private security contractors. The Handbook will be a valuable source for both general and advanced international criminal law research.' – James Crawford, Cambridge University, UK This carefully regarded and well-structured handbook covers the broad range of norms, practices, policies, processes and institutional mechanisms of international criminal law, exploring how they operate and continue to develop in a variety of contexts. Leading scholars in the field and experienced practitioners have brought together their expertise and perspectives in a clear and concise fashion to create an authoritative resource, which will be useful and accessible even to those without legal training. The Research Handbook on International Criminal Law will appeal to practitioners who may want to defend, or prosecute, international criminal law cases, and academics researching and writing on international criminal law. Graduate students studying international criminal law, international human rights or international humanitarian law as well as those studying international justice, international politics, international organization or public policy analysis, will also find this book invaluable.
Book Synopsis The Principle of Complementarity in International Criminal Law by : Mohamed M. El Zeidy
Download or read book The Principle of Complementarity in International Criminal Law written by Mohamed M. El Zeidy and published by BRILL. This book was released on 2008 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a study of the historical antecedents of the principle of complementarity. This work draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals.
Book Synopsis Judges and the Making of International Criminal Law by : Joseph Powderly
Download or read book Judges and the Making of International Criminal Law written by Joseph Powderly and published by BRILL. This book was released on 2020-06-08 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.
Book Synopsis International Criminal Procedure: Principles and Rules by : Göran Sluiter
Download or read book International Criminal Procedure: Principles and Rules written by Göran Sluiter and published by OUP Oxford. This book was released on 2013-03-21 with total page 1728 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.
Book Synopsis International Criminal Law Developments in the Case Law of the ICTY by : Gideon Boas
Download or read book International Criminal Law Developments in the Case Law of the ICTY written by Gideon Boas and published by BRILL. This book was released on 2003-12-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the dawn of the International Criminal Court, the rich experience of the ad hoc International Criminal Tribunal for the former Yugoslavia (ICTY) will prove to be the primary source of legal authorities for many years. The creation of the ICTY in 1993 heralded a new-found willingness of the international community to bring to book perpetrators of war crimes and gross or systematic violations of human rights. Written by academics and practitioners, and notably many "insiders" at the ICTY, this volume focuses particularly on the international and criminal law developments that have taken place in the practice and procedure of the Tribunal. Throughout are threads concerning the development and application of international criminal law not only by the ICTY, but also by the ad hoc International Criminal Tribunal for Rwanda and the new International Criminal Court.
Book Synopsis Historical Origins of International Criminal Law by : Morten Bergsmo
Download or read book Historical Origins of International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2017-04-29 with total page 1180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Imperative Philosophy of International Criminal Justice: Visible Power, Invisible Essence by : Farhad Malekian
Download or read book Imperative Philosophy of International Criminal Justice: Visible Power, Invisible Essence written by Farhad Malekian and published by . This book was released on 2023-02-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delivers a central and dynamic interpretation of the imperative philosophy of international criminal justice and how it struggles to defend the body of international human rights law. Understanding the fundamental philosophies of both legal disciplines reassures the promotion of the virtue of their norms. This work examines these basic philosophies by analysing them through the lens of the new terms: visible power and invisible essence. The former term addresses jus major provisions, while the latter reveals the substantive essence of the existence of the ethical virtues of both legal disciplines as subjects of unity. The invisible reasoning contains genuine imperative moral law and attempts to strengthen its visible framework by preventing autocratic law. The invisible platform of the system of international criminal justice should always remain imperative and it should not be compromised through new, domineering interpretations. The ethics of the procedures of the system of international criminal courts should not rest on the interpretation of visible provisions promoted through authoritarian impulsive rules, rather they should be based on whether or not the invisible pure "jus imperative" legal justice has been given sufficient weight in the judgements of courts. The coherent scale of the invisible moral essence should not be shattered by incoherent visible morality. Reading about these novel values with the new terms: criminalvisibilism and criminalinvisibilism, as coined by the author, is a must.
Book Synopsis The Dynamics of International Criminal Justice by : Hirad Abtahi
Download or read book The Dynamics of International Criminal Justice written by Hirad Abtahi and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is dedicated to the memory of Sir Richard May, who passed away on 1 July 2004, and to the rich legacy he has left behind in the area of international criminal law. It contains in-depth analyses of a range of issues critical to the development and understanding of international criminal law, written by contributors who worked in some way with Sir Richard during his tenure at the ICTY, particularly during his last years as Presiding Judge of the Milosevi? Trial. It contains a Foreword by the President of the ICTY, Theodor Meron, and substantive work in three main parts: one chapter concerning the development and understanding of human rights; five chapters addressing international criminal law issues in the context of ICTY proceedings; and two chapters focusing on substantive aspects of international criminal law. All the chapters analyse international criminal law as applied by the ICTY, as well as the ICC, ICTR and other international or hybrid criminal tribunals, and are all authored by persons in a position to give great insight into the subject matter discussed.
Book Synopsis Strengthening the Validity of International Criminal Tribunals by : Joanna Nicholson
Download or read book Strengthening the Validity of International Criminal Tribunals written by Joanna Nicholson and published by BRILL. This book was released on 2018-05-03 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strengthening the Validity of International Criminal Tribunals provides multi-disciplinary perspectives concerning ways in which international criminal tribunals can be made more valid and effective in a time of uncertainty for the field of international criminal justice.
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 Oxford University Press. This book was released on 2014-02 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Collection of papers presented at the conference "Pluralism v Harmonization: National Adjudication of International Crimes" that was held in June 2012 in Amsterdam"--Acknowlegements.
