Download or read book The Theory and Practice of International Criminal Law written by Michael Scharf and published by BRILL. This book was released on 2008-08-31 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cherif Bassiouni is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiouni's unique legacy within this important area. Among the contributing authors are Louise Arbour, UN High Commissioner for Human Rights; Mahnoush Arsanjani, Chief of the UN Office of Legal Affairs Codification Division; Diane Orentlicher, UN Independent Expert on Combating Impunity; Michael Reisman, former President of the Inter-American Commission for Human Rights; Yves Sandoz, Director for International Law of the International Committee of the Red Cross; William Schabas, Member of the Sierra Leone Truth Commission; Brigitte Stern, Advocate for the Bosnians in the World Court's Genocide case; and Prince Hassan bin Talal, first President of the Assembly of States Parties of the International Criminal Court.
Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Download or read book Amnesty Serious Crimes and International Law written by Josepha Close and published by Routledge. This book was released on 2019-05-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.
Download or read book Realizing Reparative Justice for International Crimes written by Miriam Cohen and published by Cambridge University Press. This book was released on 2020-07-02 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a timely and systematic study of reparations in international criminal justice, going beyond a theoretical analysis of the system established at the International Criminal Court (ICC). It originally engages with recent decisions and filings at the ICC relating to reparation and how the criminal and reparative dimensions of international criminal justice can be reconciled. This book is equally innovative in its extensive treatment of the significant challenges of adjudicating on reparations, and proposing recommendations based on concrete experiences. With recent and imminent decisions from the ICC, and developments in national courts and beyond, Miriam Cohen provides a critical analysis of the theory and emerging jurisprudence of reparations for international crimes, their impact on victims and stakeholders.
Download or read book The Theory and Practice of International Criminal Law written by Leila Nadya Sadat and published by BRILL. This book was released on 2008 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Cherif Bassiouni" is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on "Cherif Bassiouni's" unique legacy within this important area. Among the contributing authors are "Louise Arbour," UN High Commissioner for Human Rights; "Mahnoush Arsanjani," Chief of the UN Office of Legal Affairs Codification Division; "Diane Orentlicher," UN Independent Expert on Combating Impunity; "Michael Reisman," former President of the Inter-American Commission for Human Rights; "Yves Sandoz," Director for International Law of the International Committee of the Red Cross; "William Schabas," Member of the Sierra Leone Truth Commission; "Brigitte Stern," Advocate for the Bosnians in the World Court's Genocide case; and "Prince Hassan bin Talal," first President of the Assembly of States Parties of the International Criminal Court.
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 Criminological Approaches to International Criminal Law written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2014-11-06 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide to what motivates international crimes and how these are structured and investigated in theory and practice.
Download or read book Critical Approaches to International Criminal Law written by Christine Schwöbel and published by Routledge. This book was released on 2014-05-09 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Research Handbook on the Theory and Practice of International Lawmaking written by Catherine Brölmann and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.
Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Theory and Practice of International and Internationalized Criminal Proceedings written by Geert-Jan G. J. Knoops and published by . This book was released on 2005 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although a number of serious crimes have been recognized and defined as international in nature most obviously genocide, war crimes, and crimes against humanity - no universal code of procedural law can be said to govern the conduct of international criminal trials. This important new books takes a giant step toward the development of such a code through an in-depth analysis of actual procedure before existing international and internationalized courts - the International Military Tribunal for Nuremberg and Tokyo (1945), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), the International Criminal Court (ICC), the Special Court for Sierra Leone (SCSL), and the East Timor Special Panels for Serious Crimes. The author also explores and clarifies the crucial role of human rights law, especially as it has evolved in the jurisprudence of the European Court of Human Rights (ECHR), in the field of international criminal procedural law. Any professional, official, or academic concerned with ensuring the highest standards of international justice will find this book rewarding and useful, Practitioners and policymakers in any criminal justice system will appreciate the detailed practical evaluation and guidance provided here.
Download or read book Judicial Practice Customary International Criminal Law and Nullum Crimen Sine Lege written by Thomas Rauter and published by Springer. This book was released on 2017-09-05 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?
Download or read book The Politics of International Criminal Law written by Holly Cullen and published by BRILL. This book was released on 2020-12-15 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
Download or read book The Emerging Practice of the International Criminal Court written by Carsten Stahn and published by BRILL. This book was released on 2009 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
Download or read book International Criminal Law written by Alexander Zahar and published by . This book was released on 2008 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 insightinto 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-lifesituations, 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.
Download or read book Criminal Law Making written by José Becerra and published by Springer Nature. This book was released on 2021-05-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.
Download or read book Cooperation and the International Criminal Court written by Olympia Bekou and published by BRILL. This book was released on 2016-05-19 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Cooperation and the International Criminal Court: Perspectives from Theory and Practice, Olympia Bekou and Daley J. Birkett bring together expert contributions from both academia and practice, providing detailed insight into the cooperation regime of the International Criminal Court.
