Grounds For Rejecting Criminal Liability
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Extradition Law
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Author : Miguel João Costa
language : en
Publisher:
Release Date : 2020
Extradition Law written by Miguel João Costa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Extradition categories.
This book contains an exhaustive analysis of extradition law and offers innovative perspectives thereon. It departs from both the classic paradigm and the mutual recognition approach, producing a new model based on respect for other States' criminal justice idiosyncrasies.
The African Court Of Justice And Human And Peoples Rights In Context
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Author : Charles C. Jalloh
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-16
The African Court Of Justice And Human And Peoples Rights In Context written by Charles C. Jalloh 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 2019-05-16 with History categories.
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
Criminal Law For The 21st Century
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Author : Chan Wing Cheong
language : en
Publisher: Academy Publishing
Release Date : 2013-07-19
Criminal Law For The 21st Century written by Chan Wing Cheong and has been published by Academy Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-19 with Criminal law categories.
In this book, the authors propose a set of improved and modernised provisions expressing the general principles of criminal responsibility. This set of principles will comprise a 'General Part' which, it is proposed, will form part of Singapore's Penal Code. The key objective of devising and enacting the General Part is to significantly revitalise the Penal Code and restore many of its original technical attributes. Each chapter of this book comprises: (a) a carefully considered and drafted provision on a general principle of criminal responsibility; (b) a summary of the existing law in Singapore pertaining to that principle; (c) a selection of recent formulations of that principle from other jurisdictions to benchmark Singapore's law (both current and proposed) with international best practices; and (d) a comparison of these formulations with the provision proposed in this book for inclusion as a General Part in Singapore's Penal Code.
The Global Prosecution Of Core Crimes Under International Law
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Author : Christopher Soler
language : en
Publisher:
Release Date : 2017
The Global Prosecution Of Core Crimes Under International Law written by Christopher Soler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
"The thesis examines the extent to which grounds for refusal of surrender act as obstacles to hinder or jeopardise the transfer of individuals from a State to the International Criminal Court. It also examines the extent to which grounds for refusal of extradition act as obstacles to hinder or jeopardise the transfer of individuals from the requesting State to the requested State. By scrutinizing both the vertical and the horizontal systems of enforcement of international criminal law, the dissertation investigates the extent to which obstacles to the surrender and/or extradition of individuals are unsurmountable or otherwise. The critical analysis is preceded by an examination of the concept of 'core crimes'. The work contains a study of the State obligation to cooperate, it illustrates the extent to which such obligation is binding (both upon State Parties to the International Criminal Court and upon non-State Parties in certain circumstances), and portrays the consequences in cases of a breach thereof. Since the ensuing consequences do little to deter States from defaulting, the author identifies and explores new legal avenues which can serve to trigger the criminal liability of those who decide to withhold cooperation. Where grounds for refusal of extradition are invoked by States, some ideas are proposed to restrict their application and effect, without violating international human rights law. The prospective roles of domestic, hybrid, special and international courts (and tribunals) in the fight against impunity and for the purposes of the enforcement of international criminal law are discussed and evaluated."--Samenvatting auteur.
The Global Prosecution Of Core Crimes Under International Law
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Author : Christopher Soler
language : en
Publisher: Springer Nature
Release Date : 2019-09-18
The Global Prosecution Of Core Crimes Under International Law written by Christopher Soler and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-18 with Law categories.
This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
Individual Criminal Responsibility For Core International Crimes
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Author : Ciara Damgaard
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-08-02
Individual Criminal Responsibility For Core International Crimes written by Ciara Damgaard and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-08-02 with Law categories.
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.
Principles Of Criminal Law
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Author : Andrew Ashworth
language : en
Publisher: Oxford University Press
Release Date : 2013-05-16
Principles Of Criminal Law written by Andrew Ashworth 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 2013-05-16 with Law categories.
"Provides a refined analysis of the theoretical foundations which shape the statutory provisions and case law"--Page 4 of cover.
The Structure And Limits Of Criminal Law
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Author : PaulH. Robinson
language : en
Publisher: Routledge
Release Date : 2017-10-23
The Structure And Limits Of Criminal Law written by PaulH. Robinson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-23 with Law categories.
This volume brings together a collection of essays, many of them scholarly classics, which form part of the debates on three questions central to criminal law theory. The first of these questions is: what conduct should be necessary for criminal liability, and what sufficient? The answer to this question has wider implications for the debate about morality enforcement given the concern that the "harm principle" may have collapsed under its own weight. Secondly, essays address the question of what culpability should be necessary for criminal liability, and what sufficient? Here, the battles continue over whether the formulation of doctrines - such as the insanity defense, criminal negligence, strict liability, and others - should ignore or minimize the extent of an offender's blameworthiness in the name of effective crime-control. Or, are methods of accommodating the tension now in sight? Finally, essays consider the question of how criminal law rules should be best organized into a coherent and clarifying doctrinal structure. The structure grown by the common law process competes not only with that of modern comprehensive codifications, such as the America Law Institute's Model Penal Code, but also with alternative structures imagined but not yet tried.
An Introduction To International Criminal Law And Procedure
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Author : Robert Cryer
language : en
Publisher: Cambridge University Press
Release Date : 2007-06-14
An Introduction To International Criminal Law And Procedure written by Robert Cryer 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 2007-06-14 with Law categories.
International criminal law has developed considerably in the last decade and a half, resulting in a complex and re-invigorated discipline. This has impacted directly on the popularity of the study of the subject, particularly on postgraduate law degrees. This textbook serves these courses by providing an introduction to the principles of international criminal law and processes. Written by four international lawyers with experience of teaching international criminal law, it is accessible yet sophisticated in its approach. It covers substantive international criminal law, the institutions designed to enforce it and their procedures, and the international law applicable to domestic prosecutions of international crimes. It will be essential reading for students and teachers of international criminal law. In addition, practitioners and researchers in the field (and in related fields such as criminal law), students of international law and international relations will find this introduction invaluable.
The Criminal Responsibility Of Senior Political And Military Leaders As Principals To International Crimes
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Author : Héctor Olásolo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-05-15
The Criminal Responsibility Of Senior Political And Military Leaders As Principals To International Crimes written by Héctor Olásolo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-15 with Law categories.
As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal.