Sentencing In International Criminal Law

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Sentencing in International Criminal Law

Author : Silvia D'Ascoli
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318169
Total Pages : 422 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Sentencing in International Criminal Law by : Silvia D'Ascoli

Download or read book Sentencing in International Criminal Law written by Silvia D'Ascoli and published by Bloomsbury Publishing. This book was released on 2011-04-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

Appeal and Sentence in International Criminal Law

Author : Jan Philipp Book
Publisher : BWV Verlag
ISBN 13 : 3830527160
Total Pages : 326 pages
Book Rating : 4.8/5 (35 download)

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Book Synopsis Appeal and Sentence in International Criminal Law by : Jan Philipp Book

Download or read book Appeal and Sentence in International Criminal Law written by Jan Philipp Book and published by BWV Verlag. This book was released on 2011-01-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: HauptbeschreibungThe International Tribunals for the former Yugoslavia and Rwanda hold far-reaching sentencing powers. At the same time, consistency and fairness in sentencing are of utmost important to the practice of the Tribunals. Accordingly, the sentencing powers of the Tribunals demand for a system of control. One crucial procedural safeguard to facilitate such control is the scrutiny exercised by the Appeals Chamber. This study analyses both sentencing and appellate law in the International Tribunals. Its fundamental objective is to ensure consistency in punishment by means of appellate review.The study analyses the substantive guidelines for the sentencing decision and describes how these have evolved in the practice of the Tribunals. It then explores the nature and scope of the appeal. In doing so it examines the most important procedural devices and instruments and assesses their practical importance to the appellate process. Finally, it analyses the importance the respective practice of the Tribunals will hold for the future practice of the International Criminal Court.

Sentencing at the International Criminal Court

Author : Alice Riccardi
Publisher : G Giappichelli Editore
ISBN 13 : 8892104292
Total Pages : 281 pages
Book Rating : 4.8/5 (921 download)

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Book Synopsis Sentencing at the International Criminal Court by : Alice Riccardi

Download or read book Sentencing at the International Criminal Court written by Alice Riccardi and published by G Giappichelli Editore. This book was released on 2016-09-26 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers sentencing in international criminal law with a particular focus on the International Criminal Court. The author gives a critical examination of the issue of sentencing rationales in international criminal law including an overview of the theories advanced by scholars.The first section studies whether it is possible to find a norm of international law providing for the aims of sentences in the law and practice of pure international criminal jurisdictions created before the entry into force of the Statute of the International Criminal Court. The second section analyses the issue of sentencing at the International Criminal Court, by focusing on the provisions of its Statute, on the relevant rules of internationally recognized human rights law and on the Courtâ€™s first practice. The book concludes with a re-organization of principles and thus offers a consistent approach to the penal justifications of sentencing for the International Criminal Court.

Treatise on International Criminal Law

Author : Kai Ambos
Publisher : Oxford University Press
ISBN 13 : 0199665605
Total Pages : 384 pages
Book Rating : 4.1/5 (996 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 2014 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second of three volumes of a treatise on the principles and practice of international criminal law, from its foundations to its future. Volume 2 analyses the the substantive part of international criminal law dealing with the core crimes, including genocide, crimes against humanity, war crimes, and aggression, as well as sentencing.

Sentencing in International Criminal Law

Author : Silvia D'Ascoli
Publisher :
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.:/5 (537 download)

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Book Synopsis Sentencing in International Criminal Law by : Silvia D'Ascoli

Complicity in International Criminal Law

Author : Marina Aksenova
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900098
Total Pages : 297 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Complicity in International Criminal Law by : Marina Aksenova

Download or read book Complicity in International Criminal Law written by Marina Aksenova and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles one of the most contentious aspects of international criminal law – the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion. Awarded The Paul Guggenheim Prize in International Law 2017!

Treatise on International Criminal Law

Author : Kai Ambos
Publisher : Oxford University Press
ISBN 13 : 0192844261
Total Pages : 657 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 2021 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume of an authoritative three-volume treatise on international criminal law. The text provides comprehensive treatment of issues relevant to the foundations, general part of international criminal law, and general principles of international criminal justice.

Atrocity, Punishment, and International Law

Author : Mark A. Drumbl
Publisher : Cambridge University Press
ISBN 13 : 1139464566
Total Pages : 211 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Atrocity, Punishment, and International Law by : Mark A. Drumbl

Download or read book Atrocity, Punishment, and International Law written by Mark A. Drumbl and published by Cambridge University Press. This book was released on 2007-04-30 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.

Punishment and Process in International Criminal Trials

Author : Ralph Henham
Publisher : Routledge
ISBN 13 : 135190745X
Total Pages : 281 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Punishment and Process in International Criminal Trials by : Ralph Henham

Download or read book Punishment and Process in International Criminal Trials written by Ralph Henham and published by Routledge. This book was released on 2017-03-02 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues. The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.

Treatise on International Criminal Law

Author : Kai Ambos
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.

Sentencing in International Criminal Law

Author : Silvia D'Ascoli
Publisher :
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Sentencing in International Criminal Law by : Silvia D'Ascoli

Download or read book Sentencing in International Criminal Law written by Silvia D'Ascoli and published by . This book was released on 2008 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: My thesis focuses on the topic of sentencing in international criminal law. The title - Sentencing in International Criminal Law: The Approach of the two UN ad hoc Tribunals and future perspectives for the International Criminal Court - already indicates the central role occupied by the jurisprudence of the ICTY and ICTR in this analysis. The motivation in undertaking research on the topic of international sentencing is rooted in the belief that a study of this kind could contribute to the current debate and provide an interesting contribution to the existing literature. In particular, my research intends to achieve three main objectives: 1) to clarify the scope of international sentencing law; 2) to highlight problems arising from the current sentencing practice of the ad hoc Tribunals; and 3) to indicate possible ways of addressing such problems and developing a coherent system of guiding principles for sentencing in international criminal justice. The research questions that guided my analysis and that this thesis addresses are the following: - What is the current and evolving tendency of international criminal justice? - Are the purposes of punishment at the international level comparable to those of national sentencing? - How can the 'principle of proportionality' be applied in international sentencing? - Is the principle of legality of penalties fully respected? - Which are the influential factors on sentencing that can be appreciated throughout the jurisprudence of the ICTY and ICTR? - Is it possible to identify consistent patterns or trends for international sentencing emerging from the practice of the ad hoc Tribunals?

Research Handbook on the International Penal System

Author : Róisín Mulgrew
Publisher : Edward Elgar Publishing
ISBN 13 : 1783472162
Total Pages : 535 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on the International Penal System by : Róisín Mulgrew

Download or read book Research Handbook on the International Penal System written by Róisín Mulgrew and published by Edward Elgar Publishing. This book was released on 2016-05-27 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the Research Handbook on the International Penal Systemcritically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners. These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development. This up-to-date assessment will provide valuable insights for researchers and students of international criminal law and justice, comparative penal law, penology, prisoners' rights and transitional and restorative justice. Its recommendations for development will also interest international and national officials working in criminal law and justice. Contributors:D. Abels, K. Ambos, O. Bekou, S. D Ascoli, T.A. Doherty, M.A. Drumbl, S.A. Fisher, B. Holá, A. Jones, N. Kiefer, C. McCarthy, L. McGregor, R. Mulgrew, J.C. Nemitz, M.M. Penrose, G. Sluiter, S. Snacken, A. Trotter, H. van der Wilt, J. van Wijk, D. van Zyl Smit, R. Young

The Statute of the International Criminal Court

Author : M. Cherif Bassiouni
Publisher :
ISBN 13 :
Total Pages : 840 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Statute of the International Criminal Court by : M. Cherif Bassiouni

Download or read book The Statute of the International Criminal Court written by M. Cherif Bassiouni and published by . This book was released on 1998 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: 83/2/Add. 1, Criminal Court,1998)

Principles of International Criminal Law

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

International Criminal Law in Context

Author : Philipp Kastner
Publisher : Routledge
ISBN 13 : 1317198999
Total Pages : 549 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 549 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.

Exploring the Boundaries of International Criminal Justice

Author : Professor Mark Findlay
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409497577
Total Pages : 296 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Exploring the Boundaries of International Criminal Justice by : Professor Mark Findlay

Download or read book Exploring the Boundaries of International Criminal Justice written by Professor Mark Findlay and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

International Criminal Law

Author : M. Cherif Bassiouni
Publisher : BRILL
ISBN 13 : 9004165304
Total Pages : 763 pages
Book Rating : 4.0/5 (41 download)

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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 763 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victimsa (TM) Rights in International Law).