Double Jeopardy Without Parameters
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Double Jeopardy Without Parameters
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Author : Olaoluwa Olusanya
language : en
Publisher: Intersentia nv
Release Date : 2004
Double Jeopardy Without Parameters written by Olaoluwa Olusanya and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Criminal jurisdiction categories.
This book deals with the double jeopardy rule, namely the practice of multiple characterisation of the same facts, under different headings, in international criminal law. Such practice is problematic, due to the fact that know how it works within the context of international criminal law. How does one distinguish a situation in which an act may appear simultaneously to breach several criminal provisions, whilst in reality it violates only one, from another where the act does in fact breach more than one criminal provision? International crimes such as genocide, crimes against humanity and war crimes cannot be confined a single category of well-defined offences such as murder, voluntary or involuntary manslaughter, theft, etc. Instead these crimes embrace broad clusters of identical offences and share certain general legal features. Multiple characterisation of the same facts under different headings in international criminal law is therefore a complex legal problem. Every case of mult
The Principle Of Complementarity In International Criminal Law
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Author : Mohamed M. El Zeidy
language : en
Publisher: BRILL
Release Date : 2008
The Principle Of Complementarity In International Criminal Law written by Mohamed M. El Zeidy and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Presents a study of the historical antecedents of the principle of complementarity. This work draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals.
Double Jeopardy
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Author : George Conner Thomas
language : en
Publisher: NYU Press
Release Date : 1998-11
Double Jeopardy written by George Conner Thomas and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-11 with History categories.
In the first book-length work on the subject in over a quarter century, George C. Thomas III advances an integrated theory of double jeopardy law, a theory anchored in historical, doctrinal, and philosophical method. Tracing American double jeopardy doctrine back to twelfth-century English law, Thomas develops a jurisprudential account of double jeopardy that recognizes the central role of the legislature in creating criminal law blameworthiness. His theory, based on blameworthiness, allows today's courts to move toward a coherent double jeopardy doctrine.
Historical War Crimes Trials In Asia
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Author : LIU Daqun
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2016-06-27
Historical War Crimes Trials In Asia written by LIU Daqun and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-27 with Law categories.
Principles Of International Criminal Law
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Author : Gerhard Werle
language : en
Publisher: Oxford University Press
Release Date : 2020-10-09
Principles Of International Criminal Law written by Gerhard Werle and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-09 with Law categories.
Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail 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. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.
The International Criminal Court And Nigeria
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Author : Muyiwa Adigun
language : en
Publisher: Routledge
Release Date : 2017-12-14
The International Criminal Court And Nigeria written by Muyiwa Adigun and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-14 with Law categories.
If Nigeria fails to prosecute the crimes recognised under the Rome Statute, then the International Criminal Court (ICC) will intervene. The ICC is only expected to complement the criminal justice system in Nigeria and is not a court of first instance, but one of last resort. This is what is known as the principle of complementarity. Before the ICC can step in, it must make a finding of ‘unwillingness’ or ‘inability’ on the part of Nigeria. It is only after this finding is made that the ICC can take over the prosecution of the crimes recognised under the Statute from Nigeria. This book examines the criminal justice process in Nigeria and discovers that the justice system is latent with the requirements of ‘unwillingness’ and ‘inability.’ The requirements, which serve as tests for assessment, are as they are laid down by the Rome Statute and interpreted by the ICC. This book offers recommendations as to what Nigeria must do in order to avoid the ICC intervention by reversing those parameters that give rise to ‘unwillingness’ and ‘inability.’ The International Criminal Court and Nigeria: Implementing the Complementarity Principle of the Rome Statute offers a contribution to the advancement of international law and will be of practical use to African countries. It aims to sensitise policy makers in different African countries in respect of policy options open to them to close impunity gap in their respective countries. This volume addresses the topics with regard to international criminal law and comparative public law and will be of interest to researchers, academics, organizations, and students in the fields of international law, governance, and comparative criminal justice.
Promoting Accountability Under International Law For Gross Human Rights Violations In Africa
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Author : Charles Chernor Jalloh
language : en
Publisher: BRILL
Release Date : 2015-07-16
Promoting Accountability Under International Law For Gross Human Rights Violations In Africa written by Charles Chernor Jalloh and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-16 with Law categories.
Promoting Accountability under International Law for Gross Human Rights Violations in Africa reflects primarily upon the work of the International Criminal Tribunal for Rwanda in challenging impunity for serious crimes committed in Rwanda in 1994. The authors, among whom are leading scholars and practitioners of international law, draw lessons for future tribunals such as the permanent International Criminal Court.
Genocide Or Ethnocide 1933 2007
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Author : Bartolomé Clavero
language : en
Publisher: Giuffrè Editore
Release Date : 2008
Genocide Or Ethnocide 1933 2007 written by Bartolomé Clavero and has been published by Giuffrè Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The Law And Practice Of The International Criminal Court
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Author : Carsten Stahn
language : en
Publisher: OUP Oxford
Release Date : 2015-05-28
The Law And Practice Of The International Criminal Court written by Carsten Stahn and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-28 with Law categories.
Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.
Double Jeopardy Protection
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Author : K. N. Chandrasekharan Pillai
language : en
Publisher: Mittal Publications
Release Date : 1988
Double Jeopardy Protection written by K. N. Chandrasekharan Pillai and has been published by Mittal Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Literary Criticism categories.