Download or read book Military v Civilian Justice for Core International Crimes written by Annika Jones and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-11-09 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Military Self Interest in Accountability for Core International Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2013-07-17 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Military Self Interest in Accountability for Core International Crimes written by Morten Bergsmo and published by . This book was released on 2015-05-11 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it in the enlightened self-interest of armed forces to have perpetrators of core international crimes brought to justice? This anthology adds the 'carrot' perspective of self-interest or incentives to the common rhetoric of 'stick' legal obligations and political pressures. Twenty authors from around the world discuss why military actors themselves often prefer accountability: Richard Saller, Andrew T. Cayley, William K. Lietzau, William J. Fenrick, Arne Willy Dahl, Richard J. Goldstone, Elizabeth L. Hillman, Bruce Houlder, Agus Widjojo, Marlene Mazel, Adel Maged, Kiki A. Japutra, Christopher Mahony, Christopher Jenks, Franklin D. Rosenblatt, Roberta Arnold, Roisin Burke, Elizabeth Santalla Vargas, Morten Bergsmo and SONG Tianying. The self-interests presented in this book are multi-dimensional: from internal professionalisation to external legitimacy; from institutional reputation to individual honour; from operational effectiveness to strategic stakes; from historical lessons to contemporary needs; from religious beliefs to aspirations for rule of law; from minimizing civilian interference to pre-empting international scrutiny. The case is made for long-term self-interest in accountability and increased military 'ownership' in repressing core international crimes. In his foreword, William K. Lietzau observes that of "all the international community's well-intended endeavours to foster accountability and end impunity, none is more important than that addressed in this book.""
Download or read book The Exercising of Military and Extraterritorial Jurisdiction Over Civilians and War Crimes written by Judge Advocate Judge Advocate Generals School and published by CreateSpace. This book was released on 2015-04-29 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the current state of military and federal extraterritorial jurisdiction over offenses committed in foreign countries by civilians accompanying the armed forces and by former servicemen. The Criminal Justice Reform Act of 1975 provides a solution to the presently existing jurisdictional void in this area by creating extraterritorial federal jurisdiction over citizens not subject to the Uniform Code of Military Justice. Military and federal jurisdiction under the Act are compared and contrasted with a view toward delineating the areas of exclusive and concurrent jurisdiction. Changes in the extraterritorial provisions of the Act are recommended to insure that jurisdiction over offenses by former servicemen is obtained. The thesis concludes by recommending policies and procedures for determining whether the military or civilian authorities should prosecute civilians in time of declared war. Additionally, prosecution of civilians and former servicemen for war crimes in the federal courts or by military commission is advocated.
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 Global War Crimes Tribunal Collection 2 8 Military self interest in accountability for core international crimes written by and published by . This book was released on 2000 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Elements of War Crimes Under the Rome Statute of the International Criminal Court written by and published by . This book was released on 2003-03-27 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: This commentary provides a critical insight into the negotiating history that led to the adoption of the elements of war crimes. It also presents existing jurisprudence, which is relevant for the interpretation of the war crimes in the ICC Statute.The aim is to serve as a tool in the implementation of international humanitarian law in future cases dealing with war crimes and offer practitioners (judges, prosecutors and lawyers) and academics important background information on the substance of the crimes.
Download or read book The International Criminal Responsibility of War s Funders and Profiteers written by Nina H. B. Jørgensen and published by Cambridge University Press. This book was released on 2020-09-17 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.
Download or read book Elements of Genocide written by Paul Behrens and published by Routledge. This book was released on 2013-05-07 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.
Download or read book Military Justice in the Modern Age written by Alison Duxbury and published by Cambridge University Press. This book was released on 2016-08-04 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military justice is changing rapidly due to both domestic and international influences. This book explains what is happening and why.
Download or read book Military Courts Civil military Relations and the Legal Battle for Democracy written by Brett J. Kyle and published by . This book was released on 2020-12-23 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--
Download or read book Contested Justice written by Christian De Vos and published by Cambridge University Press. This book was released on 2015-12-18 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.
Download or read book Reducing Genocide to Law written by Payam Akhavan and published by Cambridge University Press. This book was released on 2012-01-26 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is genocide the 'ultimate crime' and does this distinction make any difference in confronting evil?
Download or read book Sustainable Development International Criminal Justice and Treaty Implementation written by Sébastien Jodoin and published by Cambridge University Press. This book was released on 2013-06-24 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of international criminal law and sustainable development can contribute to one another's elaboration, interpretation and implementation. Chapters in the book discuss the potential and limitations of international criminalization as a means for protecting the basic foundations of sustainable development; the role of existing international crimes in penalizing serious forms of economic, social, environmental and cultural harm; the indirect linkages that have developed between sustainable development and various mechanisms of criminal accountability and redress; and innovative proposals to broaden the scope of international criminal justice. With its rigorous and innovative arguments, this book forms a unique and urgent contribution to current debates on the future of global justice and sustainability.
Download or read book The International Criminal Court and Complementarity written by Carsten Stahn and published by Cambridge University Press. This book was released on 2011-10-06 with total page 1293 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Military Jurisdiction and International Law written by Federico Andreu-Guzmán and published by . This book was released on 2004 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
