Download or read book Responsibility on Trial written by Liana Georgieva Minkova and published by Cambridge University Press. This book was released on 2023-02-16 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Establishing individual criminal responsibility for mass atrocities is the foundational principle of international criminal justice, but this process is highly complex, and is accompanied by political and legal dilemmas about its operation. The book examines the drafting, interpretation, and application of the rules for assessing individual criminal responsibility as those rules emerge from the intense contestations among judges, lawyers, and academics within the legal field. Focusing on the International Criminal Court (ICC), the book provides a rich analysis of the international debates around questions of criminal responsibility by interrogating formal legal documents and legal scholarship alongside more candid accounts (interviews, memoirs, minutes). These debates are of key importance for international criminal law and global justice because how criminal responsibility laws are construed in practice determines which conduct merits punishment and, ultimately, demarcates the boundaries of what are considered the 'gravest' acts that 'shock' humanity.
Download or read book Responsibility on Trial written by Liana Minkova and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Establishing individual criminal responsibility for mass atrocities is the foundational principle of international criminal justice, but this process is highly complex, and is accompanied by political and legal dilemmas about its operation. The book examines the drafting, interpretation, and application of the rules for assessing individual criminal responsibility as those rules emerge from the intense contestations among judges, lawyers, and academics within the legal field. Focusing on the International Criminal Court (ICC), the book provides a rich analysis of the international debates around questions of criminal responsibility by interrogating formal legal documents and legal scholarship alongside more candid accounts (interviews, memoirs, minutes). These debates are of key importance for international criminal law and global justice because how criminal responsibility laws are construed in practice determines which conduct merits punishment and, ultimately, demarcates the boundaries of what are considered the 'gravest' acts that 'shock' humanity.
Download or read book Responsibility on Trial written by Liana Georgieva Minkova and published by Cambridge University Press. This book was released on 2023-02-16 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Establishing individual criminal responsibility for mass atrocities is the foundational principle of international criminal justice, but this process is highly complex, and is accompanied by political and legal dilemmas about its operation. The book examines the drafting, interpretation, and application of the rules for assessing individual criminal responsibility as those rules emerge from the intense contestations among judges, lawyers, and academics within the legal field. Focusing on the International Criminal Court (ICC), the book provides a rich analysis of the international debates around questions of criminal responsibility by interrogating formal legal documents and legal scholarship alongside more candid accounts (interviews, memoirs, minutes). These debates are of key importance for international criminal law and global justice because how criminal responsibility laws are construed in practice determines which conduct merits punishment and, ultimately, demarcates the boundaries of what are considered the 'gravest' acts that 'shock' humanity.
Download or read book Forms of Responsibility in International Criminal Law written by Gideon Boas and published by Cambridge University Press. This book was released on 2007 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book The Right to Be Present at Trial in International Criminal Law written by Caleb H. Wheeler and published by BRILL. This book was released on 2018-10-08 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused’s presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future.
Download or read book Reconciling Responsibility with Reality written by Johannes Block and published by Springer Nature. This book was released on with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
Download or read book Collective Responsibility and Accountability under International Law written by Shane Darcy and published by BRILL. This book was released on 2007-03-30 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny. It is of equal importance that there is a clear understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable. Published under the Transnational Publishers imprint.
Download or read book Intersections of Law and Culture at the International Criminal Court written by Julie Fraser and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Negotiating Responsibility written by Kimberley White and published by UBC Press. This book was released on 2007-11-02 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: The meaning of criminal responsibility emerged in early- to mid-twentieth-century Canadian capital murder cases through a complex synthesis of socio-cultural, medical, and legal processes. Kimberley White places the negotiable concept of responsibility at the centre of her interdisciplinary inquiry, rather than the more fixed legal concepts of insanity or guilt. In doing so she brings subtlety to more general arguments about the historical relationship between law and psychiatry, the insanity defence, and the role of psychiatric expertise in criminal law cases. Through capital murder case files, White examines how the idea of criminal responsibility was produced, organized, and legitimized in and through institutional structures such as remissions, trial, and post-trial procedures; identity politics of race, character, citizenship, and gender; and overlapping narratives of mind-state and capacity. In particular, she points to the subtle but deeply influential ways in which common sense about crime, punishment, criminality, and human nature shaped the boundaries of expert knowledge at every stage of the judicial process. Negotiating Responsibility fills a void in Western socio-legal history scholarship and provides an essential point of reference from which to evaluate current criminal law practices and law reform initiatives in Canada.
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 International Criminal Law Practitioner Library Volume 1 Forms of Responsibility in International Criminal Law written by Gideon Boas and published by Cambridge University Press. This book was released on 2008-01-03 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume I of the International Criminal Law Practitioner Library series focuses on the law of individual criminal responsibility applied in international criminal law, providing a thorough review of the forms of criminal responsibility. The authors present a critical analysis of the elements of individual criminal responsibility as set out in the statutory instruments of the international and hybrid criminal courts and tribunals and their jurisprudence. All elements are discussed, demystifying and untangling some of the confusion in the jurisprudence and literature on the forms of responsibility. The jurisprudence of the ICTY and the ICTR is the main focus of the book. Every trial and appeal judgement, as well as relevant interlocutory jurisprudence, up to 1 December 2006, has been surveyed, as has the relevant jurisprudence of other tribunals and the provisions in the legal instruments of the ICC, making this a highly relevant work.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Individual Criminal Responsibility for Core International Crimes written by Ciara Damgaard and published by Springer Science & Business Media. This book was released on 2008-08-02 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.
Download or read book The Relationship Between State and Individual Responsibility for International Crimes written by Béatrice I. Bonafè and published by BRILL. This book was released on 2009 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.
Download or read book Answering for Crime written by R A Duff and published by Bloomsbury Publishing. This book was released on 2007-11-16 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.
Download or read book Handbook for trial jurors serving in the United States District Courts written by and published by . This book was released on 2003 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: ... The purpose of this handbook is to acquaint trial jurors with the general nature and importance of their role as jurors; explains some of the language and procedures used in court, and offers some suggestions helpful to jurors in performing their duty ...
