Download or read book Impediments to Exercising Jurisdiction over International Crimes written by Yasmin Q. Naqvi and published by T.M.C. Asser Press. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the growing assumptions about the exercise of jurisdiction over international crimes – that legal impediments are invalid in the face of the imperative to prosecute crimes of this gravity. Six principal impediments to the exercise of jurisdiction over international crimes are individually and comparatively analysed from the perspective of their historical origins, the policy contexts justifying them, and the legal arguments used by courts and commentators to either uphold the barrier to prosecution or to reject its application so that prosecution remains unhindered. These six impediments are: (1) Amnesties; (2) Pardons; Statutes of Limitation; (4) Immunities; (5) Ne bis in Idem (double jeopardy); and (6) Abuse of process. The author proposes that an approach based upon an ‘interests analysis’, derived from policy oriented approaches to international law, provides a reasonable, coherent, and transparent means for courts to resolve the question of jurisdiction when faced with competing rules or principles such as those forming the basis of the research. Each chapter contains a theoretical evaluation of one of the mentioned impediments, as well as a comprehensive and up to date discussion of relevant case-law from both world-wide domestic and international jurisdictions. This volume builds upon Yasmin Naqvi’s expertise as a scholar and a lawyer working for the Chambers of the International Criminal Tribunal for the former Yugoslavia. She has also held positions at the International Committee of the Red Cross, the Graduate Institute of International and Development Studies in Geneva, and as a legal consultant on transitional justice and special procedures at the United Nations Office of the High Commissioner for Human Rights.
Download or read book Impediments to Exercising Jurisdiction Over International Crimes written by and published by . This book was released on 2011-07-11 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Impediments to Exercising Jurisdiction Over International Crimes written by Yasmin Naqvi and published by T.M.C. Asser Press. This book was released on 2010-01-28 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the growing assumptions about the exercise of jurisdiction over international crimes – that legal impediments are invalid in the face of the imperative to prosecute crimes of this gravity. Six principal impediments to the exercise of jurisdiction over international crimes are individually and comparatively analysed from the perspective of their historical origins, the policy contexts justifying them, and the legal arguments used by courts and commentators to either uphold the barrier to prosecution or to reject its application so that prosecution remains unhindered. These six impediments are: (1) Amnesties; (2) Pardons; Statutes of Limitation; (4) Immunities; (5) Ne bis in Idem (double jeopardy); and (6) Abuse of process. The author proposes that an approach based upon an ‘interests analysis’, derived from policy oriented approaches to international law, provides a reasonable, coherent, and transparent means for courts to resolve the question of jurisdiction when faced with competing rules or principles such as those forming the basis of the research. Each chapter contains a theoretical evaluation of one of the mentioned impediments, as well as a comprehensive and up to date discussion of relevant case-law from both world-wide domestic and international jurisdictions. This volume builds upon Yasmin Naqvi’s expertise as a scholar and a lawyer working for the Chambers of the International Criminal Tribunal for the former Yugoslavia. She has also held positions at the International Committee of the Red Cross, the Graduate Institute of International and Development Studies in Geneva, and as a legal consultant on transitional justice and special procedures at the United Nations Office of the High Commissioner for Human Rights.
Download or read book Impediments to the Exercise of Adjudicatory Jurisdiction Over International Crimes written by Yasmin Naqvi and published by . This book was released on 2007 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis analyses five principal impediments to the exercise of adjudicatory jurisdiction over international crimes, namely: 1) Amnesties, 2) Pardons, 3) Statutes of limitation, 4) Immunities, and 5) the principle of "Ne Bis In Idem". It examines the historical and contextual background and policy justifications of each impediment, and assesses the legal arguments used to reject the application of such barriers to prosecution when used in cases dealing with international crimes (identified as war crimes, crimes against humanity, genocide and torture). The thesis proposes that approach based upon an "interests analysis", derived from policy oriented approaches to international law, provides a reasonable, coherent and transparent means for courts to resolve the question of jurisdiction when faced with competing rules or principles such as those under review.
Download or read book Impediments to the Exercice of Adjudicatory Jurisdiction Over International Crimes written by Yasmin Naqvi and published by . This book was released on 2008 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-08-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book concerns the relationship between the principles of complementarity and universal jurisdiction. Territorial States are normally affected most strongly by core international crimes committed during a conflict or an attack directed against its civilian population. Most victims reside in such States. Most damaged or plundered property is there. Public order and security are violated most severely in the territorial States. It is also on their territory that most of the evidence of the alleged crimes can be found. There are, in other words, obvious policy and practical reasons why States should accord priority to territoriality as a basis of jurisdiction. But is there also an obligation for States to defer exercise of universal jurisdiction of core international crimes to investigation and prosecution of the same crimes by the territorial State? What - if any - is the impact of the principle of complementarity in this respect? These are among the questions discussed in this anthology.
Download or read book The International Criminal Court and Problems of State Sovereignty written by Oliver Holmes and published by GRIN Verlag. This book was released on 2009-12 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific Essay from the year 2008 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 2:1, University of Leeds, course: Political Science, language: English, abstract: It is the argument of this dissertation that the International Criminal Court is an appropriate tool for the enforcement of international criminal law and embodies a shifting notion of state sovereignty. Historically, both multilateral and unilateral attempts to enforce international criminal law have been progressive but not wholly successful. The International Criminal Court is rooted in customary law and addresses the failures of past attempts. The Court's opposition has illustrated problems of state sovereignty, which in turn exemplifies how the International Criminal Court embodies a shifting notion of state sovereignty. The sources used are the existing academic literature, interviews, international statute, magazines, and newspaper articles.
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 2018-11-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
Download or read book The Obligation to Extradite or Prosecute written by Kriangsak Kittichaisaree and published by Oxford University Press. This book was released on 2018-03-02 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prosecution of serious crimes of international concern has been few and far between before and even after the establishment of the International Criminal Court in 2002. Hope thus rests with the implementation of the international legal obligation for States to either extradite or prosecute such perpetrators among themselves or surrender them to a competent international criminal court. This obligation was considered by the United Nations International Law Commission (ILC) which submitted its final report in 2014. Kittichaisaree, Chairman of the ILC Working Group on that topic, not only provides a guide to the final report, offering an analysis of the subject and a unique summary of its drafting history, he also covers important issues left unanswered by the report, including the customary international legal status of the obligation, the role of the universal jurisdiction, immunities of State officials, and impediments to the surrender of offenders to international criminal courts. Authoritative, encyclopaedic, and essential to those in the field, The Obligation to Extradite or Prosecute also offers practical solutions as to the road ahead.
Download or read book The Jurisdiction of the International Criminal Court over Nationals of Non States Parties written by Monique Cormier and published by Cambridge University Press. This book was released on 2020-08-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties. It is within the context of developments at the Court in recent years that this work addresses the overarching question: On what legal basis is the ICC authorised to exercise jurisdiction over nationals of non-States Parties? Engaging with ICC jurisprudence and building upon arguments developed in legal scholarship, this book explores the theory of delegated jurisdiction and critically examines the idea that the Court might alternatively be exercising jurisdiction inherent to the international community. It argues that delegation of territorial jurisdiction and implied consent by virtue of UN membership provide a legal basis to allow the ICC to exercise jurisdiction over nationals of non-States Parties in almost all situations envisaged by the Rome Statute.
Download or read book The International Criminal Court Jurisdiction Over Non State Parties written by Temitope Obasaju Stephen and published by LAP Lambert Academic Publishing. This book was released on 2013 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court(ICC) has been put on spot light and questioned by many on the Legality of the exrecise of Jurisdiction over non-state parties for a very long time. This work is a product of International Criminal Law Masters research directed to answer so many questions and on going debates about this issue. It is directed at scholars, students of Law, people in government, Non governmental organisations, Legal practitioners, researchers and the Public in general who are intterested in updating their knowledge or knowing more; about the problems that poses to the ICC in exercising Jurisdiction arising from United Nations Security Council referrals to the Court, which is in accordance with the Rome Statute and the working agreement between the United Nations Organisation and the court. This book is a collectors item that opens up a lot of questions and equally addresses the rationale for the implicit jurisdiction of the court when acting under the chapter VII powers of the United nations Security Council. It is very informative and educative, you will gain unquantifiable knowledge from the insight in this book.Enjoy it and share your opinion with us.
Download or read book The Diversification and Fragmentation of International Criminal Law written by Larissa van den Herik and published by Martinus Nijhoff Publishers. This book was released on 2012-10-23 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the first in a new series of Studies on the Frontiers of International Law. The term ‘frontier’ is traditionally associated with proximity to a boundary or a demarcation line. But it is also a connecting point, i.e., a passage or channel between spaces that are usually considered as separate entities. The Series aims to explore the visible and imaginary boundaries of scholarship in International Law. It is designed to test the existing table of contents, vocabulary and limits of ‘Public International Law’, to investigate lines and linkages between ‘centre’ and ‘periphery’, and to re-map or re-think some of its conceptual boundaries. The current volume is written in this spirit. It deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Download or read book Universal Jurisdiction under International Criminal Law A Critical Analysis written by P. R. Ramdhass and published by GRIN Verlag. This book was released on 2018-08-22 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Document from the year 2018 in the subject Law - Miscellaneous, , language: English, abstract: The concept of universal jurisdiction evolved out of protecting international commerce, but now it has become a necessity for protecting human values in modern times. Even though the concept is good, its misuse threatens peaceful international relations. The study propose to discuss the legal status of the concept of universal jurisdiction under international law and its conflict with other legal principles like State sovereignty, sovereign immunity and non-intervention. It will also highlight how jus cogens norms and obligatio erga omnes strengthen the concept of universal jurisdiction. Further, the study will discuss the related concepts, such as ‘responsibility to protect’ and ‘extradite or prosecute’. However, scope of the study will be limited to the problems of universal jurisdiction under international criminal law; and it will not address the issues of active, passive and territorial jurisdictions except to the extent necessary.
Download or read book International and Transnational Criminal Law written by David Luban and published by Aspen Publishing. This book was released on 2018-11-26 with total page 1858 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive and versatile book covers both international criminal law and the application of US criminal law transnationally. It has chapters on each of the core crimes (aggression, genocide, crimes against humanity, war crimes), as well as separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. Thus the book can be used for courses focusing entirely on international criminal law and accountability for core crimes. But it also covers US criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and US constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students with no prior background. New to the 3rd Edition: Recent developments in the international tribunals, including the Habré trial in the African Extraordinary Chamber Updates on post-Morrison jurisdictional developments and the treatment of jurisdiction in the Restatement (Fourth) of the Foreign Relations Law of the United States Activation of the crime of aggression by the ICC; cyber-attacks as aggression Recent war crimes jurisprudence and the treatment of war crimes in the US Department of Defense Law of War Manual A thorough revision of the ICC chapter including the Lubanga sentencing decisions and the Comoros decision on gravity Recent ICC jurisprudence on modes of liability Latest FCPA prosecution standards New cases on immunities and extradition Professors and students will benefit from: Versatility: Can be used for courses on international criminal law, and also for courses on US criminal law applied across borders Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law Detailed treatment of “headline” issues including torture, terrorism, and war crimes Readable background on historical context Teaching materials include: Comprehensive teacher’s manual, including the authors’ own teaching notes Discussion problems
Download or read book The Global Prosecution of Core Crimes under International Law written by Christopher Soler and published by Springer Nature. This book was released on 2019-09-18 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Rohingya Justice and International Law written by Kriangsak Kittichaisaree and published by Routledge. This book was released on 2021-11 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the plight of the ethnic and religious group of the'Rohingya', normally residing in Myanmar, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising 'universal jurisdiction' in relation to genocide, crimes against humanity and war crimes.
Download or read book Principles of International Criminal Law written by Gerhard Werle and published by OUP Oxford. This book was released on 2014-08-14 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.
