Advertisement
| international criminal law critical concepts in law: The Fundamental Concept of Crime in International Criminal Law Iryna Marchuk, 2013-07-29 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. |
| international criminal law critical concepts in law: An Introduction to International Criminal Law and Procedure , 2010 |
| international criminal law critical concepts in law: A Critical Introduction to International Criminal Law Carsten Stahn, 2018-12-06 International criminal law has witnessed a rapid rise after the end of the Cold War. The United Nations refers to the birth of a new 'age of accountability', but certain historical objections, such as selectivity or victor's justice, have never fully gone away, and many of the justice dimensions of international criminal law remain unexplored. Various critiques have emerged in socio-legal scholarship or globalization discourse, revealing that there is a stark discrepancy between reality and expectation. Linking discussion of legal theories, case-law and practice to scholarship and opinion, A Critical Introduction to International Criminal Law explores these critiques through five main themes at the heart of contemporary dilemmas: • The shifting contours of criminality and international crimes • The tension between individual and collective responsibility • The challenges of domestic, international, hybrid and regional justice institutions • The foundations of justice procedures • Approaches towards punishment and reparation Suitable for students, academics and professionals from multiple fields wishing to understand contemporary theories, practices and critiques of international criminal law. This title is also available as Open Access on Cambridge Core. |
| international criminal law critical concepts in law: International Criminal Law in Context Philipp Kastner, 2017-10-20 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. |
| international criminal law critical concepts in law: International Criminal Law Roger O'Keefe, 2015 International Criminal Law provides a comprehensive overview of an increasingly integral part of public international law. It complements the usual accounts of the substantive law of those international crimes tried to date before international criminal courts and of the institutional law of those courts with in-depth analyses of fundamental formal juridical concepts such as an 'international crime' and an 'international criminal court'; with detailed examinations of the many international crimes provided for by way of multilateral treaty and of the attendant obligations and rights of states parties; and with sustained attention to the implementation of international criminal law at the national level. Direct, concise, and precise, International Criminal Law should prove a valuable resource for scholars and practitioners of the discipline of international criminal law. |
| international criminal law critical concepts in law: International Criminal Law Antonio Cassese, Florian Jessberger, Robert Cryer, 2015 Critical Concepts in Law, addresses the acute need for an authoritative reference work that traces the evolution of the emerging discipline of international criminal law. The editors aver that now is the time to take stock and make some sense of the subject s dauntingly vast literature, to identify a canon, and to engage with its key concepts. This four-volume collection assembles the best scholarship from the time of Nuremberg and Tokyo to the present day. |
| international criminal law critical concepts in law: Philosophy and International Law David Lefkowitz, 2020-10-29 Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics. |
| international criminal law critical concepts in law: The Concept of Mens Rea in International Criminal Law Mohamed Elewa Badar, 2013-01-30 The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us. |
| international criminal law critical concepts in law: International Criminal Justice Gideon Boas, William Schabas, Michael P. Scharf, 2012-01-01 ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law. |
| international criminal law critical concepts in law: International Criminal Law Antonio Cassese, Florian Jessberger, Robert Cryer, 2015 Critical Concepts in Law, addresses the acute need for an authoritative reference work that traces the evolution of the emerging discipline of international criminal law. The editors aver that now is the time to take stock and make some sense of the subject s dauntingly vast literature, to identify a canon, and to engage with its key concepts. This four-volume collection assembles the best scholarship from the time of Nuremberg and Tokyo to the present day. |
| international criminal law critical concepts in law: The Global Prosecution of Core Crimes under International Law Christopher Soler, 2019-09-18 This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands. |
| international criminal law critical concepts in law: Law and History Norman Doe, Russell Sandberg, 2016-11-16 Edited by two leading academics, Law and History provides an authoritative 'mini library' which explores the development of legal history as an area of study by bringing together major works on the 'textual' legal history of English law alongside cutting-edge 'contextual' legal history. |
| international criminal law critical concepts in law: The Concept of Race in International Criminal Law CAROLA. LINGAAS, 2021-06-30 Members of racial groups are protected under international law against genocide, persecution, and apartheid. But what is race - and why was this contentious term not discussed when drafting the Statute of the International Criminal Court? Although the law uses this term, is it legitimate to talk about race today, let alone convict anyone for committing a crime against a racial group? This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. It exposes how the international criminal tribunals have largely circumvented the topic of race, and how incoherent jurisprudence has resulted in inconsistent protection. The book provides important new interpretations of a problematic concept by subjecting it to a multifaceted and interdisciplinary analysis. The study argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims' ostensible racial otherness. The perpetrator's imagination as manifested through his behaviour defines the victims' racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law. |
| international criminal law critical concepts in law: Guilty Pleas in International Criminal Law Nancy Amoury Combs, 2007 International crimes, such as genocide and crimes against humanity, are complex and difficult to prove, so their prosecutions are costly and time-consuming. As a consequence, international tribunals and domestic bodies have recently made greater use of guilty pleas, many of which have been secured through plea bargaining. This book examines those guilty pleas and the methods used to obtain them, presenting analyses of practices in Sierra Leone, East Timor, Cambodia, Argentina, Bosnia, and Rwanda. Although current plea bargaining practices may be theoretically unsupportable and can give rise to severe victim dissatisfaction, the author argues that the practice is justified as a means of increasing the proportion of international offenders who can be prosecuted. She then incorporates principles drawn from the domestic practice of restorative justice to construct a model guilty plea system to be used for international crimes. |
| international criminal law critical concepts in law: Contemporary Criminal Law Matthew Lippman, 2009-09-25 This is a comprehensive, introductory criminal law textbook that expands upon traditional concepts and cases by coverage of the most contemporary topics and issues. Contemporary material, including terrorism, computer crimes, and hate crimes, serves to illuminate the ever-evolving relationship between criminal law, society and the criminal justice system's role in balancing competing interests. The case method is used throughout the book as an effective and creative learning tool.Features include: vignettes, core concepts, 'Cases and Concepts', 'You Decides, excerpts from state statutes, 'legal equations' and Crime in the News boxes fully developed end-of-chapter pedagogy includes review questions, legal terminology and 'Criminal Law on the Web' resources instructor resources (including PowerPoint slides, a computerized testbank and classroom activities) and a Student Study Site accompany this text |
| international criminal law critical concepts in law: Politicizing the International Criminal Court Steven C. Roach, 2006 The establishment of the International Criminal Court (ICC) in July 1998 has attracted growing interest in the evolving role of politics in international law. Steven C. Roach's innovative and systematic work on the political and ethical dimensions of the ICC is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Linking the ICC's internal politicization with its formative development, Roach provides a unique understanding of this institution's capacity to play a constructive role in global politics. He argues that an internal form of politicization will allow the ICC to counter outside efforts to politicize it, whether this involves the political agenda of a state hegemon or the geopolitical interests of U. N. Security Council permanent members. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution. |
| international criminal law critical concepts in law: Complicity in International Criminal Law Marina Aksenova, 2016-12-15 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! |
| international criminal law critical concepts in law: Individual Criminal Responsibility in International Law E. van Sliedregt, 2012-03 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. |
| international criminal law critical concepts in law: Indigenous Peoples and the Law Denise Ferreira da Silva, Mark Harris, 2019 |
| international criminal law critical concepts in law: Postcolonialism and the Law Brenna Bhandar, 2017-11-27 Postcolonialism and the Lawprovides a long overdue delineation of the field of enquiry that engages with the legal programmes, structures, and procedures which have sustained Euro-North American supremacy on the international political stage for the past fifty years or so. Focusing on the relationship between law and the racial and colonial mechanisms of subjugation at work in the global present, the contributions assembled in this new four-volume collection from Routledge's Critical Concepts in Law series attend to juridical apparatuses as they operate in concert with economic and ethical frameworks, procedures, and architectures. Instead of approaching law as a self-sufficient instrument of power, the gathered major works expose the complex deployment and operation of legal instruments and how they--along with economic mechanisms and ethical programmes--participate in the constitution of the political space shared by both former colonial powers and colonies. With a full index, together with a comprehensive introduction, newly written by the editors, which places the collected material in its historical and intellectual context, Postcolonialism and the Lawis an essential work of reference. The collection will be particularly useful as a database allowing scattered and often fugitive material to be easily located. It will also be welcomed as a crucial tool permitting rapid access to less familiar--and sometimes overlooked--texts. For postcolonial theorists and lawyers, as well as those working in cognate disciplines, such as Critical Legal Studies, Ethics, Cultural Studies, Race and Ethnicity Studies, and Human Rights, it is certain to be valued as a vital one-stop research and pedagogic resource. t;P> With a full index, together with a comprehensive introduction, newly written by the editors, which places the collected material in its historical and intellectual context, Postcolonialism and the Lawis an essential work of reference. The collection will be particularly useful as a database allowing scattered and often fugitive material to be easily located. It will also be welcomed as a crucial tool permitting rapid access to less familiar--and sometimes overlooked--texts. For postcolonial theorists and lawyers, as well as those working in cognate disciplines, such as Critical Legal Studies, Ethics, Cultural Studies, Race and Ethnicity Studies, and Human Rights, it is certain to be valued as a vital one-stop research and pedagogic resource. |
| international criminal law critical concepts in law: Intersections of Law and Culture at the International Criminal Court Julie Fraser, Brianne McGonigle Leyh, 2020-10-30 This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice. |
| international criminal law critical concepts in law: Critical Legal Theory Costas Douzinas, Colin Perrin, 2012 Critical Legal Theory has conventionally been traced to the social, political, and philosophical movements of the 1960s and, before that, to the early-twentieth-century ?realist? critique of modern jurisprudence. In truth, however, its origins go back to classical and pre-modern thought, and to their acknowledgement of the centrality of law in attempts to conceive of the good life, or the just polity?a centrality that is, moreover, also discernible in the recent gravitation of a number of contemporary philosophers and theorists (such as Habermas, Derrida, Agamben, Luhmann, Latour) towards law. Against the ?restricted? and ?conservative? character of modern jurisprudence, Critical Legal Theory constitutes a return to this more general interest in law and legality. Exceeding (if not exploding) the limits of jurisprudence, it has, moreover, drawn upon the most ancient and most contemporary traditions of critical thought in order to pursue new ways of understanding, living, and imagining the law. Critical Legal Theory is now an established?if heterogeneous and controversial?field of study, represented by numerous international journals, regional organizations, and global conferences. As the field continues to flourish as never before, this new title in Routledge's Major Works series, Critical Concepts in Law, meets the need for an authoritative reference work to make sense of a rapidly growing and ever more complex corpus of literature. Indeed, it is a landmark collection of Critical Legal Theory's principal sources, orientations, movements, and themes. The first volume in the collection (?Critical Legal Origins?) illuminates the foundations of Critical Legal Theory in contemporary continental thought, as well as providing an account of its institutional history. Volume II (?Critical Legal Orientations?), meanwhile, examines the ways in which Critical Legal Theory has addressed and problematized conventional jurisprudential ideas about law, drawing upon the insights of philosophy, as well as other disciplines. Volume III (?Critical Legal Movements?) assembles the best and most influential research to provide an overview of the movements that characterize the field. The scholarship assembled in the final volume (?Critical Legal Themes?) brings together the key work to explore a range of substantial themes with which Critical Legal Theorists have engaged. Supplemented with a full index and comprehensive introductions, newly written by the editors, which situate the collected material in the context of more general theoretical traditions, as well as in critical relation to jurisprudence, Critical Legal Theory is destined to be valued by scholars, students, and researchers as a vital resource. |
| international criminal law critical concepts in law: State Sovereignty and International Criminal Law Morten Bergsmo, LING Yan, 2012-11-19 '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. |
| international criminal law critical concepts in law: The Crime of Conspiracy in International Criminal Law Juliet R. Amenge Okoth, 2014-05-13 This book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy was a prudent decision. While the function of conspiracy as a mode of liability is satisfactorily covered by the modes of participation in the Rome Statute, its function as a purely inchoate crime used to punish incomplete crimes is missing. This book creates a case for inclusion in the Rome Statute, punishment of conspiracies involving international crimes that do not extend beyond the conceptual stage, to reinforce the Statute’s purpose of prevention. The conspiracy concept proposed is one that reflects the characteristics acceptable under both common law and civil law systems. |
| international criminal law critical concepts in law: Principles of International Criminal Law Gerhard Werle, Florian Jessberger, 2014 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 critical concepts in law: The Oxford Handbook of International Criminal Law Darryl Robinson, 2020-02-24 In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood. |
| international criminal law critical concepts in law: Beyond Human Rights Anne Peters, 2016-10-27 A paradigm change is occurring, in the course of which human beings are becoming the primary international legal persons. In numerous areas of public international law, substantive rights and obligations of individuals arguably flow directly from international law. The novel legal status of humans in international law is now captured with a concept borrowed from constitutional doctrine: international rights of the person, as opposed to international law protecting persons. Combining doctrinal analysis with current practice, this book is the most comprehensive contemporary analysis of the legal status of the individual. Beyond Human Rights, previously published in German and now revised by the author in this English edition, not only deals with the individual in international humanitarian law, international criminal law and international investment law, but it also covers fields such as consular law, environmental law, protection of individuals against acts of violence and natural disasters, refugee law and labour law. |
| international criminal law critical concepts in law: Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes Laura Ausserladscheider Jonas, 2021-12-28 War crimes, crimes against humanity, genocide and the crime of aggression (so-called ‘core crimes’) often could not be committed without financial assistance. This book examines the basis for individual criminal liability under international law for persons who finance core crimes. Despite the need for clear rules, neither international courts nor scholars agree upon whether or not, or under what circumstances, such liability exists. To determine the minimum standard of liability, this work analyses the legal rules relating to complicity, both under international criminal law and domestically in twenty selected jurisdictions in Africa, Asia, Europe, Latin America, North America and Oceania. The aim of these analyses is to determine whether there are general principles of law recognised by the community of States regarding the minimum standard of liability for aiders and abettors. This book proposes a comparative framework for assessing legal rules relating to complicity, and it advances a normative claim as to how legal rules should be structured concerning the criminal responsibility of individuals who finance the commission of core crimes. The analysis of the applicable international law and the comparative analysis of national jurisdictions lead to the conclusion that, currently, the minimum standard of knowledge for aiding and abetting is active knowledge. However, the author argues that this standard should be revised to include wilful blindness. Regarding the intent requirement, the analyses find that dolus eventualis is included in the definition of intent. |
| international criminal law critical concepts in law: Treatise on International Criminal Law Kai Ambos, 2021-07-15 Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This second edition of the first volume of an acclaimed three-volume Treatise on International Criminal Law deals with the foundations and general part of international criminal law, and general principles of international criminal justice. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic work and practical experience in international criminal law. This second edition of the authoritative volume has been completely revised, updated, and rewritten in some parts. These comprehensive updates ensure that Kai Ambos' Treatise remains an indispensable reference work for academics and practitioners of international criminal law. |
| international criminal law critical concepts in law: The New Philosophy of Criminal Law Chad Flanders, Zachary Hoskins, 2015-12-16 This volume is a collection of twelve new essays, authored by leading philosophers and legal theorists, examining the central conceptual and normative questions underlying our institutions of criminal law. |
| international criminal law critical concepts in law: The International Criminal Court and Complementarity Carsten Stahn, Mohamed M. El Zeidy, 2011-10-06 This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations. |
| international criminal law critical concepts in law: Justice in Extreme Cases Darryl Robinson, 2020-12-17 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. |
| international criminal law critical concepts in law: The Legacy of Nuremberg David A. Blumenthal, Timothy L. H. McCormack, 2008 In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australia's post-World War Two war crimes trials of Japanese defendants, Australia's extensive national case law on Article 1(F) of the Refugee Convention and Australia's national implementing legislation for the Rome Statute. |
| international criminal law critical concepts in law: The Concept of Universal Crimes in International Law Terje Einarsen, 2012-08-15 This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School. |
| international criminal law critical concepts in law: The Oxford Companion to International Criminal Justice , 2009-01-22 The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice. |
| international criminal law critical concepts in law: Fairness in International Criminal Trials Yvonne McDermott, 2016-01-21 With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminal tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law. This volume addresses key conceptual questions on fairness, including: should international criminal tribunals set the highest standards of fairness, or is it sufficient for their practice to be 'just fair enough'? To whom does the right to a fair trial attach, and can actors such as the prosecution and victims be accurately said to benefit from that right? Does fairness require the full realization of a number of guarantees owed to the accused under the statutory frameworks of international criminal tribunals, or should we instead be concerned with the fairness of the trial 'as a whole'? What is the interplay between domestic and international courts on questions of procedural fairness? What are the elements of fairness in international criminal proceedings? And what remedies are available for breaches of fair trial rights? Through an in-depth exploration of the right to a fair trial, the author concludes that international criminal tribunals have a role in setting the highest standards of due process protection in their procedures, and that in so doing, they can have a positive impact on domestic justice systems. |
| international criminal law critical concepts in law: Critical Approaches to International Criminal Law Christine Schwöbel, 2014-05-09 Drawing on the critical legal tradition, the collection of international scholars gathered in this volume analyse the complicities and limitations of International Criminal Law. This area of law has recently experienced a significant surge in scholarship and public debate; individual criminal accountability is now firmly entrenched in both international law and the international consciousness as a necessary mechanism of responsibility. Critical Approaches to International Criminal Law: An Introduction shifts the debate towards that which has so far been missing from the mainstream discussion: the possible injustices, exclusions, and biases of International Criminal Law. This collection of essays is the first dedicated to the topic of critical approaches to international criminal law. It will be a valuable resource for scholars and students of international criminal law, international law, international legal theory, criminal law, and criminology. |
| international criminal law critical concepts in law: The Black Book of Communism Stéphane Courtois, 1999 This international bestseller plumbs recently opened archives in the former Soviet bloc to reveal the accomplishments of communism around the world. The book is the first attempt to catalogue and analyse the crimes of communism over 70 years. |
| international criminal law critical concepts in law: International Criminal Law Alexander Zahar, Göran Sluiter, 2008 International Criminal Law is an essential guide to the relatively recent, but rapidly growing field of international criminal justice. Written by leading practitioner-academics directly involved with the International Criminal Tribunals, this book provides students with an invaluable insight into the key features of international criminal law and practice. Zahar and Sluiter offer an analysis of the tribunals' place in the international legal order and the most important aspects of their substantive law and procedure from an entirely new and critical perspective. Legal doctrines are discussed throughout in relation to their application in real-life situations, encouraging students to engage critically with the subject and relate theory to practice. An ideal companion for students of international criminal law and justice who are seeking an insider's perspective on the subject, this book also offers practitioners, academics and policy-makers a clear and challenging account of the new legal landscape. |
| international criminal law critical concepts in law: The Grammar of Criminal Law George P. Fletcher, 2019-09-30 To understand the international legal order in the field of criminal law, we need to ask three elementary questions. What is international law? What is criminal law? And what happens to these two fields when they are joined together? Volume Two of The Grammar of Criminal Law sets out to answer these questions through a series of twelve dichotomies - such as law vs. justice, intention vs. negligence, and causation vs. background events - that invite the reader to better understand the jurisprudential foundations of international criminal law. The book will appeal to anyone interested in the future of international cooperation in a time of national retrenchment, and will be of interest to students, scholars, and policymakers around the world. |
Camiones International®
International®: tractocamiones, camiones y autobuses con innovación, potencia y confiabilidad. Soluciones de transporte para cada necesidad.
Somos | International®
International®: líderes en camiones de alto rendimiento, ofreciendo soluciones de transporte confiables y eficientes para diversas necesidades en el camino
Distribuidores | International® | clon mapa
Encuentra el distribuidor International® más cercano en tu zona. Más de 85 puntos en toda la república Mexicana.
Autobuses Urbanos | International®
Autobuses Urbanos de International®: comodidad, seguridad y eficiencia para el transporte diario, diseñados para transporte de personal y escolar.
Contáctanos | International®
Si tienes alguna duda o requieres una cotización a tu medida, en INTERNATIONAL® queremos apoyarte. Escríbenos y te responderemos con una solución en el menor tiempo posible.
Camiones Medianos MV® | International®
Camiones medianos de International®: versatilidad y potencia en el transporte, ideales para negocios que requieren rendimiento y fiabilidad en cada viaje.
Planes de Servicio Integral | Tus Unidades Siempre En Movimiento
En INTERNATIONAL, nos esforzamos por ofrecer la mejor experiencia de propiedad en el mercado. Por eso contamos con planes de servicio innovadores, completos y flexibles, …
Soluciones de Servicio | International®
Servicio especializado para camiones International®. Mantenimiento y reparaciones para asegurar el máximo rendimiento y durabilidad de tus unidades.
Camión de 3 y 4 toneladas - CT4® de International®
No importa el camino o el tipo de trabajo, el camión ligero CT4 de International® es el camión de 3 y 4 toneladas de mayor utilidad.
Camiones Eléctricos | International®
Descubre los camiones eléctricos International®, diseñados para un futuro más sustentable con cero emisiones. Eficiencia e innovación.
Camiones International®
International®: tractocamiones, camiones y autobuses con innovación, potencia y confiabilidad. Soluciones de transporte para cada necesidad.
Somos | International®
International®: líderes en camiones de alto rendimiento, ofreciendo soluciones de transporte confiables y eficientes para diversas necesidades en el camino
Distribuidores | International® | clon mapa
Encuentra el distribuidor International® más cercano en tu zona. Más de 85 puntos en toda la república Mexicana.
Autobuses Urbanos | International®
Autobuses Urbanos de International®: comodidad, seguridad y eficiencia para el transporte diario, diseñados para transporte de personal y escolar.
Contáctanos | International®
Si tienes alguna duda o requieres una cotización a tu medida, en INTERNATIONAL® queremos apoyarte. Escríbenos y te responderemos con una solución en el menor tiempo posible.
Camiones Medianos MV® | International®
Camiones medianos de International®: versatilidad y potencia en el transporte, ideales para negocios que requieren rendimiento y fiabilidad en cada viaje.
Planes de Servicio Integral | Tus Unidades Siempre En Movimiento
En INTERNATIONAL, nos esforzamos por ofrecer la mejor experiencia de propiedad en el mercado. Por eso contamos con planes de servicio innovadores, completos y flexibles, …
Soluciones de Servicio | International®
Servicio especializado para camiones International®. Mantenimiento y reparaciones para asegurar el máximo rendimiento y durabilidad de tus unidades.
Camión de 3 y 4 toneladas - CT4® de International®
No importa el camino o el tipo de trabajo, el camión ligero CT4 de International® es el camión de 3 y 4 toneladas de mayor utilidad.
Camiones Eléctricos | International®
Descubre los camiones eléctricos International®, diseñados para un futuro más sustentable con cero emisiones. Eficiencia e innovación.
