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 468 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.

Download or read book Contesting the Iron Fist written by Claudio Fuentes and published by Routledge. This book was released on 2005-01-01 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work analyzes the interactions and international connections of the "civil rights" and "pro-order" coalitions of state and societal actors in the two countries. The author demonstrates that in democratizing contexts, protecting citizens from police abuse and becomes part of a debate about how to deal with issues of public safety and social control and of perceived trade-offs between liberty and security.

Download or read book Cuban Communism 1959 2003 written by Irving Louis Horowitz and published by Routledge. This book was released on 2018-02-06 with total page 759 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Cuban Communism remains, like its previous ten editions, an important contribution to the field of Cuban Studies. It includes many useful chronological facts, as well as a selection of Fidel Castro's speeches which are interesting and informative for any reader interested in the island." -- Maria Gropas, Department of Social Anthropology, University of Cambridge This new 11th edition of a classic text, come to be known as "the bible of Cuban Studies," emphasizes two key issues of the twenty-first century. First, transition concerns in a world without Castro, and second, the continuing embargo of Cuba by the United States in the aftermath of a major change in the presidency. Cuban Communism has been updated to take account of changes in the 44 years of Castro's rule since seizing power in 1959. In addition to articles and essays that represent new developments in Cuba, the work boasts a database upgrade that makes it more important to students, scholars, and researchers. The volume has expanded the section on future prospects for civil society and democracy in a post-Castro environment; including "Regime Change in Cuba" by Eusebio Mujal-Leon and Joshua W. Busby; "Transition Scenarios" by Randolph H. Pherson, and "A Policy Conundrum over Cuba" by Edward Gonzalez. It also contains a chronology of events from 1959 through 2002. Finally, the new work contains a carefully constructed Who's Who of important players in Cuba and the regime during the Castro period up to the present. Other articles new to the 11th edition of Cuban Communism are by Ernesto Betancourt, "Cuba's Balance of Payment Gap"; Carmelo Mesa-Lago, "The Cuban Economy From 1999-2001"; Taylor Boas, "The Internet and U.S. Policy toward Cuba"; Aldo M. Leiva, "Environmental Technology Transfer and Foreign Investment"; Moises Asis, "Judaism in Cuba"; Wolf Grabendorff, "A View from the European Union." More than ever, it is a must volume for those interested in political systems and social structures. Irving Louis Horowitz is Hannah Arendt Distinguished Professor Emeritus of Sociology and Political Science at Rutgers University. Among his works are Three Worlds of Development, Beyond Empire and Revolution, and his Bacardi Lectures on Cuba that was published as The Conscience of Worms and the Cowardice of Lions. Jaime Suchlicki is Bacardi Professor of History at the Graduate School of International Studies at the University of Miami, and executive director of its Cuban-American and Cuban Center. He is author of From Columbus to Castro, University Students and Revolution in Cuba, and Mexico: From Montezuma to Nafta and Beyond.

Download or read book The Western Codification of Criminal Law written by Aniceto Masferrer and published by Springer. This book was released on 2018-03-09 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

Download or read book The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes written by Héctor Olásolo and published by Bloomsbury Publishing. This book was released on 2009-05-15 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal.

Download or read book Resource Material Series written by and published by . This book was released on 2005 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Crimes Law and Practice written by Guénaël Mettraux and published by Oxford University Press. This book was released on 2020-05-27 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This second volume discusses in detail crimes against humanity.

Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 35 2019 2 VOLUME SET written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2021-04-19 with total page 1597 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Yearbook aims to contribute to a greater awareness of the functions and activities of the organs of the Inter-American system for the protection of human rights. The Yearbook is partly published as an English-Spanish bilingual edition. Two volume set.

Download or read book Organised Crime in Europe written by Cyrille Fijnaut and published by Springer Science & Business Media. This book was released on 2007-01-21 with total page 1068 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume represents the first attempt to systematically compare organised crime concepts, as well as historical and contemporary patterns and control policies in thirteen European countries. These include seven ‘old’ EU Member States, two ‘new’ members, a candidate country, and three non-EU countries. Based on a standardised research protocol, thirty-three experts from different legal and social disciplines provide insight through detailed country reports. On this basis, the editors compare organised crime patterns and policies in Europe and assess EU initiatives against organised crime.

Download or read book Human Rights in Education Science and Culture Legal Developments and Challenges written by Yvonne Donders and published by UNESCO. This book was released on 2007-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are at the heart of UNESCO's work in the fields of education, science and culture. Conceived from an international human rights legal framework, Human Rights in Education, Science and Culture: Legal Developments and Challenges combines insights into the content, scope of application and corresponding state obligations of these rights with analyses of issues relating to their implementation. The volume begins by presenting the principles of the indivisibility, interrelatedness and interdependence of all human rights. It then turns to questions related to economic, social and cultural rights, including their justiciability, their application between private parties and the development of indicators for measuring their implementation. Finally, it addresses the right to education, the right to enjoy the benefits of scientific progress and its applications, and the right to take part in cultural life - the content and scope of application of the latter two rights being especially in need of further elucidation. Dedicated to the sixtieth anniversary of the Universal Declaration of Human Rights, this volume will be an invaluable resource for all those working in the area of human rights.

Download or read book Sexual Violence during War and Peace written by J. Boesten and published by Springer. This book was released on 2014-04-16 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the Peruvian internal armed conflict as a case study, this book examines wartime rape and how it reproduces and reinforces existing hierarchies. Jelke Boesten argues that effective responses to sexual violence in wartime are conditional upon profound changes in legal frameworks and practices, institutions, and society at large.

Download or read book From Fear to Hate written by Victoria Guillén-Nieto and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-09-04 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an in-depth analysis of the social phenomenon of migration from various legal-linguistic perspectives. Migration has become a global phenomenon and a burning issue provoking social conflict and political instability in modern societies all over the world. The question of dealing with migrants and asylum seekers has dominated political discourse. It has given rise to national and international legislation on emigration and immigration, some of them including discriminatory provisions, pressed laws against immigration (Acts of exclusion) and prompted anti-migration rhetoric and hate speech against migrants. Important efforts have been made in both common law and civil law jurisdictions to protect migrants' fundamental rights to dignity and equality.

Download or read book Writing Terror on the Bodies of Women written by Sarah England and published by Rowman & Littlefield. This book was released on 2018-08-15 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Writing Terror on the Bodies of Women: Media Coverage of Violence against Women in Guatemala analyzes the scope and dynamics of violence against women in Guatemala and how it is represented in the print media. Using nearly two thousand Guatemalan newspaper reports covering murders and assaults on women, this book contextualizes violence against women within the history of violence in Guatemala; gender ideologies and patriarchal social structures; and the contemporary demands of the women’s movement for social and legislative change. It shows that while some newspapers cover violence against women with investigative reports and editorials that use feminist analysis and language, these are overshadowed by the large number of individual reports that reproduce narratives of terror and conceal the gendered nature of violence against women by suggesting that “delinquents,” “gangs,” “unknown men,” and inexplicably violent husbands are the main culprits, while simultaneously upholding dichotomous gendered narratives of “good” and “bad” wives and daughters.

Download or read book Unlawful Attacks in Combat Situations written by Héctor Olásolo and published by BRILL. This book was released on 2008 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Death and destruction are unavoidable effects of war and combat situations. The fact that people have been killed or injured or property has been destroyed should not encourage anyone to rush to the conclusion that war crimes have been committed. On the contrary, before reaching such a conclusion, it is necessary to carefully analyze the conduct of the person causing death, injury or damage in order to ascertain whether such conduct is consistent with international humanitarian law. Technology, law and public opinion on what is acceptable has greatly evolved since World War II. The issue of civilian damage caused in combat operations has become an important topic in public opinion since Operation Desert Storm in 1991. Public pressure to limit incidental civilian damage has notably increased following the NATO aerial campaign in Kosovo in 1999 and the subsequent conflicts in Afghanistan in 2001, Iraq in 2003 and Lebanon 2006. "Unlawful Attacks in Combat Situations" focuses on the manner in which unlawful attacks launched during the conduct of hostilities have been dealt with in the Rome Statute of the International Criminal Court, the international treaty which, to date, deals most comprehensively with war crimes committed in international and non-international armed conflicts, and in the case law of the International Criminal Tribunal for the Former Yugoslavia, the first international judicial body that has investigated and prosecuted crimes committed during the conduct of hostilities since World War II.

Download or read book The Triggering Procedure of the International Criminal Court written by Héctor Olásolo and published by BRILL. This book was released on 2005-10-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.

Download or read book Non Contractual Liability Arising out of Damage Caused to Another written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-08-17 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the DCFR. The law of non-contractual liability arising out of damage caused to another (in the Common Law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict) is the area of law which determines whether one who has suffered a damage can on that account demand reparation (in money or in kind) from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this volume presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.

Download or read book The Camp written by Colman Hogan and published by Cambridge Scholars Publishing. This book was released on 2021-02-03 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The camp is nothing if not diverse: in kind, scope, and particularity; in sociological and juridical configuration; in texture, iconography, and political import. Adjectives of camp specificity embrace a spectrum from extermination and concentration, to detention, migration, deportation, and refugee camps. And while the geographic range covered by contributors is hardly global, it is broad: Chile, Rwanda, Canada, the US, Central Europe, Morocco, Algeria, South Africa, France and Spain. And yet—is to so characterize the camp to run the risk of diffusing what in origin is a concentration into a paratactical series of “identity particularisms”? While The Camp does not seek to antithetically promulgate a universalist vision, it does aim to explore the imbrication of the particular and the universal, to analyze the structure of a camp or camps, and to call attention the role of the listener in the construction of the testimony. For, by naming what cannot be said, is not every narrative of internment and exclusion a potential site of agency, articulating the inner splitting of language that Giorgio Agamben defines as the locus of testimony: “to bear witness is to place oneself in one’s own language in the position of those who have lost it, to establish oneself in a living language as if it were dead, or in a dead language as if it were living.”