Dynamic Interpretation In International Criminal Law
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Dynamic Interpretation In International Criminal Law
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Author : Alexander Grabert
language : en
Publisher: Herbert Utz Verlag
Release Date : 2015-06-17
Dynamic Interpretation In International Criminal Law written by Alexander Grabert and has been published by Herbert Utz Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-17 with International crimes categories.
The interpretive process in International Criminal Law (›ICL‹) is characterised by a conflict between the requirements for stability and change. On the one hand, ICL provides for the ›criminal‹ responsibility of individuals. Thus, there is an enhanced requirement for legal certainty: According to the principle of legality, the addressee of the law must be able to identify the prohibited conduct in advance in order to be able to avoid criminal sanctions. On the other hand, however, ICL forms part of ›international‹ law. Hence, it derives to some extent from international treaties. Whereas the forms of criminal conduct are continuously evolving, treaties are rather static instruments – they cannot be adapted to a changing environment within a short period of time. Thus, reality is developing at a pace that the law cannot always match. In consequence, there is a certain need to account for evolving circumstances within the framework of interpretation. The aim of this book is to review the consequences of this conflict for the interpretation of ICL. How can the conflicting requirements be brought into balance? Can substantive rules of ICL be interpreted in a ›dynamic‹ fashion to the detriment of the accused without violating the principle of legality? How do international criminal courts and tribunals deal with this issue?
International Criminal Justice
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Author : Michael Bohlander
language : en
Publisher: Cameron May
Release Date : 2007
International Criminal Justice written by Michael Bohlander and has been published by Cameron May this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.
Interpreting Crimes In The Rome Statute Of The International Criminal Court
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Author : Leena Grover
language : en
Publisher: Cambridge University Press
Release Date : 2014-10-16
Interpreting Crimes In The Rome Statute Of The International Criminal Court written by Leena Grover and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-16 with Law categories.
This book offers the first detailed analysis of, and guide to, the interpretation of international crimes defined in the Rome Statute.
The Diversification And Fragmentation Of International Criminal Law
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Author : Larissa van den Herik
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012
The Diversification And Fragmentation Of International Criminal Law written by Larissa van den Herik and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
This volume 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’.
Meaning Making In International Criminal Law
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Author : Ciara Laverty
language : en
Publisher: BRILL
Release Date : 2024-05-30
Meaning Making In International Criminal Law written by Ciara Laverty and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-30 with Law categories.
This book explores the normative dimensions of the acts that constitute international crimes. The book conceptualises the normative dimensions of these acts as processes of construction and meaning making. Developing a novel methodological approach, it identifies the narratives and discourses that emerge in practice as central for understanding the normative meanings of these acts. Using the crimes of attacks on cultural property, pillage, sexual violence and reproductive violence as case studies, the book offers a historical, conceptual, and discursive analysis of these crimes to develop a dynamic, pluralist and socially constructed account of wrong in international criminal law.
Principles Of International Criminal Law
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Author : Gerhard Werle
language : en
Publisher: Oxford University Press
Release Date : 2014
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 2014 with Law categories.
Principles of International Criminal Law is one of the leading textbooks in the field. This third 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.
International Criminal Procedure
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Author : Göran Sluiter
language : en
Publisher: OUP Oxford
Release Date : 2013-03-21
International Criminal Procedure written by Göran Sluiter and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.
International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.
Imperative Philosophy Of International Criminal Justice Visible Power Invisible Essence
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Author : Farhad Malekian
language : en
Publisher:
Release Date : 2023-02-28
Imperative Philosophy Of International Criminal Justice Visible Power Invisible Essence written by Farhad Malekian and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-28 with categories.
This book delivers a central and dynamic interpretation of the imperative philosophy of international criminal justice and how it struggles to defend the body of international human rights law. Understanding the fundamental philosophies of both legal disciplines reassures the promotion of the virtue of their norms. This work examines these basic philosophies by analysing them through the lens of the new terms: visible power and invisible essence. The former term addresses jus major provisions, while the latter reveals the substantive essence of the existence of the ethical virtues of both legal disciplines as subjects of unity. The invisible reasoning contains genuine imperative moral law and attempts to strengthen its visible framework by preventing autocratic law. The invisible platform of the system of international criminal justice should always remain imperative and it should not be compromised through new, domineering interpretations. The ethics of the procedures of the system of international criminal courts should not rest on the interpretation of visible provisions promoted through authoritarian impulsive rules, rather they should be based on whether or not the invisible pure "jus imperative" legal justice has been given sufficient weight in the judgements of courts. The coherent scale of the invisible moral essence should not be shattered by incoherent visible morality. Reading about these novel values with the new terms: criminalvisibilism and criminalinvisibilism, as coined by the author, is a must.
Research Handbook On International Criminal Law
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Author : Bartram S. Brown
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Research Handbook On International Criminal Law written by Bartram S. Brown and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
'This timely, valuable and thought-provoking contribution to our understanding of the vibrant new subject that is international criminal law, is a great addition to the literature and to our understanding. Professor Bart Brown deserves real appreciation for bringing it together.' – Philippe Sands QC, University College London and Matrix Chambers, UK 'The Research Handbook is a comprehensive up-to-date guide to one of the youngest yet most dynamic areas of international law. It tackles the pertinent challenges and opportunities, starting with the classical issues like categories of international crimes and complementarity, going on to address the problems ahead including the Guantánamo regime, crimes against women and the status of private security contractors. The Handbook will be a valuable source for both general and advanced international criminal law research.' – James Crawford, Cambridge University, UK This carefully regarded and well-structured handbook covers the broad range of norms, practices, policies, processes and institutional mechanisms of international criminal law, exploring how they operate and continue to develop in a variety of contexts. Leading scholars in the field and experienced practitioners have brought together their expertise and perspectives in a clear and concise fashion to create an authoritative resource, which will be useful and accessible even to those without legal training. The Research Handbook on International Criminal Law will appeal to practitioners who may want to defend, or prosecute, international criminal law cases, and academics researching and writing on international criminal law. Graduate students studying international criminal law, international human rights or international humanitarian law as well as those studying international justice, international politics, international organization or public policy analysis, will also find this book invaluable.
Illicitly Obtained Evidence At The International Criminal Court
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Author : Petra Viebig
language : en
Publisher: Springer
Release Date : 2016-01-04
Illicitly Obtained Evidence At The International Criminal Court written by Petra Viebig and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-04 with Law categories.
This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.