The Relationship Between State and Individual Responsibility for International Crimes

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Publisher : BRILL
ISBN 13 : 9004173315
Total Pages : 297 pages
Book Rating : 4.0/5 (41 download)

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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.

State Responsibility for Support of Armed Groups in the Commission of International Crimes

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Publisher :
ISBN 13 : 9789004408432
Total Pages : 0 pages
Book Rating : 4.4/5 (84 download)

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Book Synopsis State Responsibility for Support of Armed Groups in the Commission of International Crimes by : Narissa Kashvi Ramsundar

Download or read book State Responsibility for Support of Armed Groups in the Commission of International Crimes written by Narissa Kashvi Ramsundar and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: State Responsibility for the Support of Armed Groups in the Commission of International Crimes makes a case for the liberalisation of the tests of attribution of conduct of individuals to states under the rules of state responsibility in international law.

Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes

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Publisher : BRILL
ISBN 13 : 900447093X
Total Pages : 256 pages
Book Rating : 4.0/5 (44 download)

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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.

Individual Criminal Responsibility for Core International Crimes

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Publisher : Springer Science & Business Media
ISBN 13 : 354078781X
Total Pages : 461 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Individual Criminal Responsibility for Core International Crimes by : Ciara Damgaard

Download or read book Individual Criminal Responsibility for Core International Crimes written by Ciara Damgaard and published by Springer Science & Business Media. This book was released on 2008-08-02 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.

Individual Criminal Responsibility in International Law

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Publisher : Oxford University Press
ISBN 13 : 0199560366
Total Pages : 370 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Individual Criminal Responsibility in International Law by : E. van Sliedregt

Download or read book Individual Criminal Responsibility in International Law written by E. van Sliedregt and published by Oxford University Press. This book was released on 2012-03 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators. Moreover, those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.

UN Security Council Referrals to the International Criminal Court

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Publisher : BRILL
ISBN 13 : 9004342214
Total Pages : 278 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis UN Security Council Referrals to the International Criminal Court by : Alexandre Skander Galand

Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-26 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.

International ‘Criminal’ Responsibility

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Author :
Publisher : Routledge
ISBN 13 : 135159754X
Total Pages : 314 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis International ‘Criminal’ Responsibility by : Ottavio Quirico

Download or read book International ‘Criminal’ Responsibility written by Ottavio Quirico and published by Routledge. This book was released on 2019-02-12 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the course of the 20th and 21st centuries, major offences committed by individuals have been subject to progressive systematisation in the framework of international criminal law. Proposals developed within the context of the League of Nations coordinated individual liability and State responsibility. By contrast, international law as codified after World War II in the framework of the United Nations embodies a neat divide between individual criminal liability and State aggravated responsibility. However, conduct of State organs and agents generates dual liability. Through a critical analysis of key international rules, the book assesses whether the divisive approach to individual and State responsibility is normatively consistent. Contemporary situations, such as the humanitarian crises in Syria and Libya, 9/11 and the Iraq wars demonstrate that the matter still gives rise to controversy: a set of systemic problems emerge. The research focuses on the substantive elements of major offences, notably agression, genocide, core war crimes, core crimes against humanity and terrorism, as well as relevant procedural implications. The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in international law and politics.

Prosecuting International Crimes: A Multidisciplinary Approach

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Publisher : BRILL
ISBN 13 : 900432366X
Total Pages : 325 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Prosecuting International Crimes: A Multidisciplinary Approach by : Bartłomiej Krzan

Download or read book Prosecuting International Crimes: A Multidisciplinary Approach written by Bartłomiej Krzan and published by BRILL. This book was released on 2016-07-11 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume edited by Bartłomiej Krzan offers different perspectives on the prosecution of international crimes. The analyses contained therein reflect different backgrounds, mainly legal, combining several disciplines, and making it a multidisciplinary study. The main (but definitely not the exclusive) point of reference is that of international law. In addition, other perspectives, those of legal history or sociology of law and obviously the one of criminal law (both substantive and procedural) provide useful alternatives or in most occasions complementary approaches to the examination of the prosecution of international crimes. The book combines different views, backgrounds and underlying assumptions. But gathered together they, it is to be hoped, shed some additional, useful light that might be helpful for identifying new dimensions of the reaction (judicial or other) towards international crimes. Contributors: Władysław Czapliński, Patrycja Grzebyk, Witold Jakimko, Wojciech Jasiński, David Kohout, Karolina Kremens, Bartłomiej Krzan, Krzysztof Masło, Neringa Mickevičiūtė, Robert Uerpmann-Wittzack, Regina Valutyté, Karolina Wierczyńska, Joachim Wolf, Loammi Wolf, and Justinas Žilinskas.

The International Criminal Responsibility of War's Funders and Profiteers

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Publisher : Cambridge University Press
ISBN 13 : 1108651208
Total Pages : 571 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The International Criminal Responsibility of War's Funders and Profiteers by : Nina H. B. Jørgensen

Download or read book The International Criminal Responsibility of War's Funders and Profiteers written by Nina H. B. Jørgensen and published by Cambridge University Press. This book was released on 2020-09-17 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.

Beyond Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 1107164303
Total Pages : 645 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Beyond Human Rights by : Anne Peters

Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Complicity in International Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0198736932
Total Pages : 273 pages
Book Rating : 4.1/5 (987 download)

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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.

System Criminality in International Law

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Publisher : Cambridge University Press
ISBN 13 : 0521763568
Total Pages : 401 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis System Criminality in International Law by : Harmen van der Wilt

Download or read book System Criminality in International Law written by Harmen van der Wilt and published by Cambridge University Press. This book was released on 2009-07-02 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does international law respond to situations where collective entities order, encourage or allow the committing of international crimes?

Forms of Responsibility in International Criminal Law

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Publisher :
ISBN 13 : 9780511464904
Total Pages : 464 pages
Book Rating : 4.4/5 (649 download)

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Book Synopsis Forms of Responsibility in International Criminal Law by : Boas Gideon Bischoff James L Reid Natalie L

Download or read book Forms of Responsibility in International Criminal Law written by Boas Gideon Bischoff James L Reid Natalie L and published by . This book was released on 2014-05-14 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:

State Sovereignty and International Criminal Law

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Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 829308135X
Total Pages : 300 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis State Sovereignty and International Criminal Law by : Morten Bergsmo

Download or read book State Sovereignty and International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2012-11-19 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

Modes of Liability in International Criminal Law

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Publisher : Cambridge University Press
ISBN 13 : 1108590152
Total Pages : pages
Book Rating : 4.1/5 (85 download)

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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.

International Crimes of State

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3110901609
Total Pages : 381 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis International Crimes of State by : Joseph H. Weiler

Download or read book International Crimes of State written by Joseph H. Weiler and published by Walter de Gruyter. This book was released on 2011-11-21 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Individual Criminal Liability for the International Crime of Aggression

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Publisher :
ISBN 13 :
Total Pages : 298 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Individual Criminal Liability for the International Crime of Aggression by : Gerhard Kemp

Download or read book Individual Criminal Liability for the International Crime of Aggression written by Gerhard Kemp and published by . This book was released on 2010 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a foreword by professor Christine Van den Wyngaert, Judge at the International Criminal Court. --Book Jacket.