Immunity And International Criminal Law
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Immunity And International Criminal Law
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Author : Yitiha Simbeye
language : en
Publisher: Routledge
Release Date : 2017-03-02
Immunity And International Criminal Law written by Yitiha Simbeye and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
Two events occurred in 1998 that had far-reaching consequences for international justice: the adoption of the Statute for the International Criminal Court by the Diplomatic Conference of Plenipotentiaries in Rome (the Rome Statute); and the arrest in London of former President Pinochet for crimes against humanity. These events are, for many, the culmination of attempts to seek legal redress against those who commit international crimes. This stimulating, ground-breaking book debates the issues raised by international crimes. It highlights the two competing international law needs that must be addressed in this situation: the pursuit of international justice (which international criminal law purports to uphold), and the maintenance of international peace and security - an important rationale for the immunities of state officials abroad.
The Immunity Of States And Their Officials In International Criminal Law And International Human Rights Law
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Author : Rosanne Van Alebeek
language : en
Publisher: OUP Oxford
Release Date : 2008-03-06
The Immunity Of States And Their Officials In International Criminal Law And International Human Rights Law written by Rosanne Van Alebeek and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-06 with Law categories.
The development of international human rights law and international criminal law has triggered the question whether states and their officials can still shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved. The Pinochet case was the first case that put this issue in the limelight of international attention. Since then, the question has been put to several domestic and international courts, and has engaged the minds of scholars and politicians around the world. This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international human rights law and international criminal law without the simultaneous development of international institutional enforcement mechanisms had brought the question of the role of national courts in the application of these norms to the fore and has made the question as to the relation between immunity rules and human rights and international criminal law an immediate one. The tension between the centuries old immunity rules and the relatively recent developments in international human rights law and international criminal law presents itself in two distinct forms. In the first place it can be questioned whether immunity rules as such are compatible with certain fundamental rights of individuals under international law such as the rights of access to court, the right to a remedy, or the right to effective protection. Secondly, it can be questioned whether immunity rules apply unabridged in proceedings concerning grave human rights abuses. In its examination of these two questions this book sets out to clearly distinguish the different scope and nature of the rule of state immunity, the rule of functional immunity and the personal immunity of diplomatic agents and heads of state. While strong arguments against certain applications of immunity rules can be derived from international human rights law and international criminal law, this book argues that an unqualified attack on immunity rules risks casting a shadow over all human rights based arguments.
Criminal Immunity Of State Officials For Core International Crimes Now And In The Future
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Author : ZHONG Yuxiang
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2014-06-23
Criminal Immunity Of State Officials For Core International Crimes Now And In The Future written by ZHONG Yuxiang 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 2014-06-23 with Law categories.
The State Immunity Controversy In International Law
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Author : Ernest K. Bankas
language : en
Publisher: Springer Nature
Release Date : 2022-06-08
The State Immunity Controversy In International Law written by Ernest K. Bankas and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-08 with Law categories.
The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.
Immunity Of Heads Of State And State Officials For International Crimes
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Author : Ramona Pedretti
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2015-01-08
Immunity Of Heads Of State And State Officials For International Crimes written by Ramona Pedretti 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 2015-01-08 with Law categories.
Ramona Pedretti offers, for the first time, a comprehensive assessment of the rules of customary international law relating to immunity of Heads of State and other State officials in the context of crimes pursuant to international law and their relationship with core principles of international law. The book gives the reader a full picture of this topical issue which is located at the heart of today's development of international law. It contains an in-depth evaluation of a vast amount of relevant material, ranging from domestic laws to judicial decisions of domestic and international courts. The fact that the International Law Commission is deliberating the issue with a view to drafting an international treaty underscores the book's importance and timeliness.
Research Handbook On Jurisdiction And Immunities In International Law
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Author : Alexander Orakhelashvili
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-10-30
Research Handbook On Jurisdiction And Immunities In International Law written by Alexander Orakhelashvili 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 2015-10-30 with Law categories.
This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state’s citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.
The Oxford Handbook Of International Criminal Law
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Author : Darryl Robinson
language : en
Publisher: Oxford University Press
Release Date : 2020-02-24
The Oxford Handbook Of International Criminal Law written by Darryl Robinson 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 2020-02-24 with Law categories.
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
International And Transnational Criminal Law
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Author : David Luban
language : en
Publisher: Aspen Publishing
Release Date : 2023-09
International And Transnational Criminal Law written by David Luban and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09 with Criminal jurisdiction categories.
"Casebook on international and transnational criminal law"--
Introduction To International Criminal Law
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Author : M. Cherif Bassiouni
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013
Introduction To International Criminal Law written by M. Cherif Bassiouni 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 2013 with Law categories.
This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.
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’.