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Elements Of Accessorial Modes Of Liability
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Book Synopsis Elements of Accessorial Modes of Liability by : Sarah Finnin
Download or read book Elements of Accessorial Modes of Liability written by Sarah Finnin and published by Martinus Nijhoff Publishers. This book was released on 2012-08-27 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume continues the work of the Preparatory Commission of the International Criminal Court by developing ‘elements’ for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute.
Book Synopsis Elements of Accessorial Modes of Liability by : Sarah Finnin
Download or read book Elements of Accessorial Modes of Liability written by Sarah Finnin and published by Martinus Nijhoff Publishers. This book was released on 2012-08-27 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume continues the work of the Preparatory Commission of the International Criminal Court by developing ‘elements’ for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute. The development of proposed elements for these accessorial modes of liability is necessary because while detailed elements for the substantive crimes within the jurisdiction of the Court were identified in the ‘Elements of Crimes’, no such elements were elaborated for the modes of liability in those crimes. The proposed elements in this volume break new ground and are designed to assist the ICC in applying the provisions of the Rome Statute to the cases before it for trial with consistency and accuracy.
Book Synopsis Modes of Liability in International Criminal Law by : Marjolein Cupido
Download or read book Modes of Liability in International Criminal Law written by Marjolein Cupido and published by Cambridge University Press. This book was released on 2019-07-11 with total page 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 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 2018-05-07 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.
Book Synopsis Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes by : Laura Ausserladscheider Jonas
Download or read book Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes written by Laura Ausserladscheider Jonas and published by BRILL. This book was released on 2021-12-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
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.
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 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 Complicity in International Law by : Miles Jackson
Download or read book Complicity in International Law written by Miles Jackson and published by Oxford University Press, USA. This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.
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 311 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 Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
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 756 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 Reconciling Responsibility with Reality by : Johannes Block
Download or read book Reconciling Responsibility with Reality written by Johannes Block and published by Springer Nature. This book was released on with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Organized Crime and International Criminal Law by : Kathrin Strobel
Download or read book Organized Crime and International Criminal Law written by Kathrin Strobel and published by BRILL. This book was released on 2021-08-09 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first comprehensive study of international criminal jurisdiction over organized crime and demonstrates the potential of international law to bring leaders of cartels and trafficking rings to justice.
Book Synopsis The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes by : Héctor Olásolo
Download or read book The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes written by Héctor Olásolo and published by Bloomsbury Publishing. This book was released on 2009-05-15 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal.
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 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 OUP Oxford. This book was released on 2015-05-28 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.