International Crimes In National Regulations Of Selected States

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International Crimes in National Regulations of Selected States

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

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.

The United States and the International Criminal Court

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Author : Sarah B. Sewall
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1461645964
Total Pages : 284 pages
Book Rating : 4.4/5 (616 download)

Book Synopsis The United States and the International Criminal Court by : Sarah B. Sewall

Download or read book The United States and the International Criminal Court written by Sarah B. Sewall and published by Rowman & Littlefield Publishers. This book was released on 2000-08-28 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign policy in the 21st century. The ICC will prosecute individuals who commit egregious international human rights violations such as genocide. The Court is a logical culmination of the global trends toward expanding human rights and creating international institutions. The U.S., which fostered these trends because they served American national interests, initially championed the creation of an ICC. The Court fundamentally represents the triumph of American values in the international arena. Yet the United States now opposes the ICC for fear of constraints upon America's ability to use force to protect its national interests. The principal national security and constitutional objections to the Court, which the volume explores in detail, inflate the potential risks inherent in joining the ICC. More fundamentally, they reflect a belief in American exceptionalism that is unsustainable in today's world. Court opponents also underestimate the growing salience of international norms and institutions in addressing emerging threats to U.S. national interests. The misguided assessments that buttress opposition to the ICC threaten to undermine American leadership and security in the 21st century more gravely than could any international institution.

The Responsibility of States for International Crimes

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Author : Nina H. B. Jørgensen
Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.3/5 (91 download)

Book Synopsis The Responsibility of States for International Crimes by : Nina H. B. Jørgensen

Download or read book The Responsibility of States for International Crimes written by Nina H. B. Jørgensen and published by . This book was released on 2000 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the concept of state responsibility for international crimes, which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. Jorgensen considers the history and merits of a concept that, it is argued, is currently on the threshold between lex ferenda and lex lata.

Prosecuting International Crimes

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Author : Robert Cryer
Publisher : Cambridge University Press
ISBN 13 : 1139443690
Total Pages : 393 pages
Book Rating : 4.1/5 (394 download)

Book Synopsis Prosecuting International Crimes by : Robert Cryer

Download or read book Prosecuting International Crimes written by Robert Cryer and published by Cambridge University Press. This book was released on 2005-06-30 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.

The Relationship Between State and Individual Responsibility for International Crimes

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Author : Béatrice I. Bonafè
Publisher : BRILL
ISBN 13 : 9004173315
Total Pages : 297 pages
Book Rating : 4.0/5 (41 download)

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.

Importing Core International Crimes Into National Criminal Law

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Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic Epublisher
ISBN 13 : 9788293081005
Total Pages : 0 pages
Book Rating : 4.0/5 (81 download)

Book Synopsis Importing Core International Crimes Into National Criminal Law by : Morten Bergsmo

Download or read book Importing Core International Crimes Into National Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic Epublisher. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: States are obliged under treaties such as the Genocide Convention, the Geneva Conventions and the Torture Convention to enact legislation that gives effect in national criminal law to prohibitons in the treaties. The law and practice of international criminal jurisdictions provide that it is significant whether national prosecutions for conduct amounting to genocide, crimes against humanity and war crimes can use the characterization of international crimes and not just ordinary crimes (such as murder). Several states have already imported these international crimes into national criminal law - for example, Canada and Germany. This publication is based on presentations made at a seminar organized by the Forum for International Criminal and Humanitarian Law (FICHL) on 27 October 2006 focused on particular challenges in the process to import such crimes into national law.

International Criminal Law in Mexico

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Author : Tania Ixchel Atilano
Publisher : Springer Nature
ISBN 13 : 9462654557
Total Pages : 334 pages
Book Rating : 4.4/5 (626 download)

Book Synopsis International Criminal Law in Mexico by : Tania Ixchel Atilano

Download or read book International Criminal Law in Mexico written by Tania Ixchel Atilano and published by Springer Nature. This book was released on 2021-03-26 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book puts forward proposals for solutions to the current gaps between the Mexican legal order and the norms and principles of international criminal law. Adequate legislative measures are suggested for compliance with international obligations. The author approaches the book's subject matter by tracing all norms related to the prosecution of core crimes and contextualizing each of the findings with a brief historical and political account. Additionally, state practice is analyzed, identifying patterns and inconsistencies. This approach is new in offering a wide perspective on international criminal law in Mexico. Relevant legal documents are analyzed and annexed in the book, providing the reader with a useful guide to the topics analyzed. Issues including the following are examined: the incorporation of core crimes in the Mexican legal order, military jurisdiction, the war crimes definition under Mexican law, unaddressed atrocities, state practice and future challenges to combat impunity. The book will be of relevance to legal scholars, students, practitioners of law and human rights advocates. It also offers interesting insights to political scientists, historians and journalists. Tania Ixchel Atilano has a Dr. Iur. from the Humboldt Universität Berlin, an LLM in German Law from the Ludwig Maximilian Universität, Munich, and attained her law degree at the ITAM in Mexico City.

Crimes Against Humanity in International Criminal Law

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Author : M. Cherif Bassiouni
Publisher : BRILL
ISBN 13 : 9004642625
Total Pages : 652 pages
Book Rating : 4.0/5 (46 download)

Book Synopsis Crimes Against Humanity in International Criminal Law by : M. Cherif Bassiouni

Download or read book Crimes Against Humanity in International Criminal Law written by M. Cherif Bassiouni and published by BRILL. This book was released on 2023-08-28 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Criminal Law

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Author : M. P. W. Brouwers
Publisher :
ISBN 13 : 9789058870940
Total Pages : 0 pages
Book Rating : 4.8/5 (79 download)

Book Synopsis International Criminal Law by : M. P. W. Brouwers

Download or read book International Criminal Law written by M. P. W. Brouwers and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal law is a body of international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable. Principally, it deals with genocide, war crimes, crimes against humanity, as well as the war of aggression. "Classical" international law governs the relationships, rights, and responsibilities of States, and, conversely, criminal law generally deals with prohibitions addressed to individuals. Penal sanctions for violation of those prohibitions are imposed by individual States. International criminal law comprises elements of both - although its sources are those of international law, its consequences are penal sanctions imposed on individuals. In this collection, all major regulations related to international criminal law are presented. The focus is not only on documents related to the International Criminal Court, ad hoc tribunals, and international operating courts, but the book also contains more practical national and regional regulations.

International Criminal Law

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Author : Roger O'Keefe
Publisher : Oxford International Law Libra
ISBN 13 : 0199689040
Total Pages : 689 pages
Book Rating : 4.1/5 (996 download)

Book Synopsis International Criminal Law by : Roger O'Keefe

Download or read book International Criminal Law written by Roger O'Keefe and published by Oxford International Law Libra. This book was released on 2015 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'International Criminal Law' presents a full and systematic overview of the field, placing it in the context of wider international law. It offers a high-level, analytical examination with particular reference to the concept of an international crime and the role of domestic courts in prosecuting international crimes.--

The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law

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Author : Rosanne van Alebeek
Publisher : Oxford University Press on Demand
ISBN 13 : 0199232474
Total Pages : 488 pages
Book Rating : 4.1/5 (992 download)

Book Synopsis The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law by : Rosanne van Alebeek

Download or read book The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law written by Rosanne van Alebeek and published by Oxford University Press on Demand. This book was released on 2008 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is a comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.

Responsibility for negation of international crimes

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Author : Patrycja Grzebyk
Publisher : Wydawnictwo Instytutu Wymiaru Sprawiedliwości
ISBN 13 :
Total Pages : 322 pages
Book Rating : 4./5 ( download)

Book Synopsis Responsibility for negation of international crimes by : Patrycja Grzebyk

Download or read book Responsibility for negation of international crimes written by Patrycja Grzebyk and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: History is no longer the exclusive domain of historians, but is now often used as a tool for politics. It is not without reason that the term “state historical policy” has been coined, which must be a kind of aberration for those who believed that the role of history is to objectively determine the course of events. The fact is, however, that the distortion of historical facts, the concealment of crimes is now part of the “information war”. Therefore, new acts of public international law, EU law and national law are introduced in order to combat public condonation, denial or gross trivialisation of the core international crimes which are certain forms and expressions of racism and xenophobia. States have to determine for themselves how they understand “denial” or “gross trivialization”, which may lead to abuse. In many cases, when introducing criminal law provisions, States wish to decree historical truth, to establish once and for all the general facts and determine who was the victim, and who was the perpetrator. This does not have to be the result of bad will, but of a desire to exclude the possibility of nuance, which could turn into dangerous trivialisation. The aim of this publication is to specify the reasons for holding accountable for denial of international crimes, indicate legal obligations in this respect, look at the Polish case, both in terms of criminal provisions (partly repealed) and standards of a civil law nature, and compare the Polish regulation with the legal systems of other states, which were chosen because of the region (Central and Eastern Europe) or due to having current problems with denial of crimes or doubts about prosecution on this account.

International Criminal Law

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Author : M. Cherif Bassiouni
Publisher : BRILL
ISBN 13 : 9004165320
Total Pages : 1127 pages
Book Rating : 4.0/5 (41 download)

Book Synopsis International Criminal Law by : M. Cherif Bassiouni

Download or read book International Criminal Law written by M. Cherif Bassiouni and published by BRILL. This book was released on 2008 with total page 1127 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).

Principles of International Criminal Law

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Author : Gerhard Werle
Publisher : Oxford University Press
ISBN 13 : 0198703597
Total Pages : 711 pages
Book Rating : 4.1/5 (987 download)

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.

The Relationship Between the International Criminal Court and National Jurisdictions

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Author : Jo Stigen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004169091
Total Pages : 549 pages
Book Rating : 4.0/5 (41 download)

Book Synopsis The Relationship Between the International Criminal Court and National Jurisdictions by : Jo Stigen

Download or read book The Relationship Between the International Criminal Court and National Jurisdictions written by Jo Stigen and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere "vis-a-vis" national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, "inter alia," whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.

International Cooperation in Dealing with International Crimes under International Criminal Law: The Case of the Khmer Rouge Tribunal

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Author : Sopheada Phy
Publisher : GRIN Verlag
ISBN 13 : 3640600452
Total Pages : 17 pages
Book Rating : 4.6/5 (46 download)

Book Synopsis International Cooperation in Dealing with International Crimes under International Criminal Law: The Case of the Khmer Rouge Tribunal by : Sopheada Phy

Download or read book International Cooperation in Dealing with International Crimes under International Criminal Law: The Case of the Khmer Rouge Tribunal written by Sopheada Phy and published by GRIN Verlag. This book was released on 2010-04-22 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research paper from the year 2009 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: A, University for Peace (United Nations-mandated University for Peace), language: English, abstract: Traditional international law considered the sovereignty of state as the core principle and state cannot be interfered by other states or international community even though it is failed to protect its people. The modern international law developed when the Peace of Westphalia was signed in 1648. With this development, the principle of sovereignty of state has been gradually replaced with the principle of international community as every state more or less is dependent, particularly in terms of economics and politics, in order to survive in the world community. In this regard, each state came into agreement on trade, diplomacy and so on with the others. So each is bound by international law either treaty, customary international law, or other sources of international law. Regarding the international crimes under international criminal law such as genocide, crimes against humanity, and war crimes, most of the states more or less are bound by them, significantly under the 1948-Convention on the Prevention and Punishment of the Crime of Genocide, 1968-Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, and the 2002-Rome Statute of the International Criminal Court (ICC). Throughout the history, a number of genocide, crimes against humanity and war crimes happened, but only were four ad hoc tribunals right away created to prosecute the criminals before the ICC came into being in 2002. Those are the 1945-Nuremberg Tribunal, the 1946- Tokyo Tribunal, the 1993-International Criminal Tribunal for the Former Yugoslavia, and the 1994-International Criminal Tribunal for Rwanda. However, such a thing was not undertaken in Cambodia after the Khmer Rouge regime collapse in 1979. The Khmer Rouge Tribunal is selected to study because it is the only tribunal established very late after the carelessness of the international community and the prolonged and often acrimonious cooperation and negotiation between the Cambodian government and the UN, unlike the others. [...]

The Crime of State: Genocide; United Nations legislation on international criminal law

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Author : Pieter Nicolaas Drost
Publisher :
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.3/5 (2 download)

Book Synopsis The Crime of State: Genocide; United Nations legislation on international criminal law by : Pieter Nicolaas Drost

Download or read book The Crime of State: Genocide; United Nations legislation on international criminal law written by Pieter Nicolaas Drost and published by . This book was released on 1959 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: