General Principles Of Law In The Decisions Of International Criminal Courts And Tribunals
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General Principles Of Law In The Decisions Of International Criminal Courts And Tribunals
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Author : Fabián Raimondo
language : en
Publisher: BRILL
Release Date : 2008-10-02
General Principles Of Law In The Decisions Of International Criminal Courts And Tribunals written by Fabián Raimondo and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-02 with Business & Economics categories.
International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged ‘subsidiary’ nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.
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.
General Principles And The Coherence Of International Law
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Author : Mads Andenas
language : en
Publisher: BRILL
Release Date : 2019-05-20
General Principles And The Coherence Of International Law written by Mads Andenas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-20 with Law categories.
General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
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.
General Principles As A Source Of International Law
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Author : Imogen Saunders
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25
General Principles As A Source Of International Law written by Imogen Saunders and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.
Sources Of International Criminal Law
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Author : Pawel Aleksander Kupis
language : en
Publisher: GRIN Verlag
Release Date : 2015-01-27
Sources Of International Criminal Law written by Pawel Aleksander Kupis and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-27 with Law categories.
Academic Paper from the year 2012 in the subject Law - European and International Law, Intellectual Properties, grade: A, University of Wroclaw, language: English, abstract: The sources if international criminal law are diverse, frequently not immediately obvious, and complicated by a number of different factors. This makes the mission of identifying and applying international criminal law particularly difficult, needing a lot of effort and energy. Thus, it is important to identify the sources of international criminal law in order to determine what weight should actually be attached to international treaties, international custom, documents, materials and judicial decisions, which are commonly referred to in the context of individual criminal responsibility in international law.
The Permanent International Criminal Court
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Author : Dominic McGoldrick
language : en
Publisher: Hart Publishing
Release Date : 2004-03
The Permanent International Criminal Court written by Dominic McGoldrick and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-03 with Law categories.
This book examines the legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court.
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 Un International Criminal Tribunals
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Author : William A. Schabas
language : en
Publisher: Cambridge University Press
Release Date : 2006-07-20
The Un International Criminal Tribunals written by William A. Schabas 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 2006-07-20 with Political Science categories.
This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.
The Law And Practice Of The International Criminal Court
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Author : Carsten Stahn
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
The Law And Practice Of The International Criminal Court written by Carsten Stahn and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
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.