Individual Criminal Responsibility For The Financing Of Entities Involved In Core Crimes
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Individual Criminal Responsibility For The Financing Of Entities Involved In Core Crimes
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Author : Laura Ausserladscheider Jonas
language : en
Publisher: BRILL
Release Date : 2021-12-28
Individual Criminal Responsibility For The Financing Of Entities Involved In Core Crimes written by Laura Ausserladscheider Jonas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-28 with Law categories.
War crimes, crimes against humanity, genocide and the crime of aggression (so-called ‘core crimes’) often could not be committed without financial assistance. This book examines the basis for individual criminal liability under international law for persons who finance core crimes. Despite the need for clear rules, neither international courts nor scholars agree upon whether or not, or under what circumstances, such liability exists. To determine the minimum standard of liability, this work analyses the legal rules relating to complicity, both under international criminal law and domestically in twenty selected jurisdictions in Africa, Asia, Europe, Latin America, North America and Oceania. The aim of these analyses is to determine whether there are general principles of law recognised by the community of States regarding the minimum standard of liability for aiders and abettors. This book proposes a comparative framework for assessing legal rules relating to complicity, and it advances a normative claim as to how legal rules should be structured concerning the criminal responsibility of individuals who finance the commission of core crimes. The analysis of the applicable international law and the comparative analysis of national jurisdictions lead to the conclusion that, currently, the minimum standard of knowledge for aiding and abetting is active knowledge. However, the author argues that this standard should be revised to include wilful blindness. Regarding the intent requirement, the analyses find that dolus eventualis is included in the definition of intent.
Judicial Responsibility And Coups D Tat
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Author : Kriangsak Kittichaisaree
language : en
Publisher: Taylor & Francis
Release Date : 2023-02-10
Judicial Responsibility And Coups D Tat written by Kriangsak Kittichaisaree and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-10 with Law categories.
This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d’état). It explores judges’ liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d’état. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of the judiciary as the only hope to rein in acts of unconstitutional usurpation of power, the book will be essential reading for members of the legal profession, those cherishing democracy as well as students and researchers in constitutional law, law and political science, public international law, international human rights law, international criminal law, regime changes, transitional justice and international organizations.
Corporate Criminal Liability And Compliance Management Systems
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Author : Santiago Wortman Jofre
language : en
Publisher: BRILL
Release Date : 2019-08-26
Corporate Criminal Liability And Compliance Management Systems written by Santiago Wortman Jofre and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-26 with Law categories.
In Corporate Criminal Liability and Compliance Management Systems: A Case Study of Spain, Santiago Wortman Jofre offers a case study where he examines the way in which Spain understands and implements Compliance Management Systems. Corporate criminal liability has become a matter of controversy in civil law countries since it challenges the traditional principle of societas delinquere non potest, by which corporations cannot be held criminally responsible. However, corporations have taken a new position in the world’s political agenda, as evidenced by the 2017 G20’s High Level Principles on the Liability of Legal Persons for Corruption. The new trend in criminal law advocates for the criminal responsibility of legal persons and pushes for the implementation of Compliance Management Systems as deterrent for corporate criminality. Santiago Wortman Jofre then presents evidence on the role of criminal justice and the importance of positive stimuli requirements as effective incentives to drive companies to implement compliance programs.
The African Criminal Court
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Author : Gerhard Werle
language : en
Publisher: Springer
Release Date : 2016-11-29
The African Criminal Court written by Gerhard Werle and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-29 with Law categories.
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
The Statute Of The International Criminal Court A Documentary History
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Author : M. Cherif Bassiouni
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2025-02-03
The Statute Of The International Criminal Court A Documentary History 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 2025-02-03 with Law categories.
The 1998 Statute of the International Criminal Court was the realization (albeit imperfect) of the oldest and longest-postponed item on the UN agenda, a judicial arm that could enforce the Universal Declaration of Human Rights and the Genocide Convention. For scholars studying this slow but crucial development in the international law of war crimes, crimes against humanity, and genocide, here is the essential documentary history: the draft statutes of 1951, 1953, 1981, and 1994, along with various related reports, the 1998 Statute, and commentary by Professor Bassiouni, who chaired the Drafting Committee of the 1998 Statute. Published under the Transnational Publishers imprint.
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.
Law Language And Warfare
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Author :
language : en
Publisher: BRILL
Release Date : 2025-01-20
Law Language And Warfare written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-20 with Law categories.
This volume presents a novel insight into the complex intersections between the law of armed conflict and the language of armed conflict. The work demonstrates the strengths and fissures in the law, showing how the choice to employ certain terms can have lasting ramifications for those most vulnerable to the impacts of warfare – civilians, women, children, and the displaced.
Reference Guide To Anti Money Laundering And Combating The Financing Of Terrorism
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Author : Paul Allan Schott
language : en
Publisher: World Bank Publications
Release Date : 2006-01-01
Reference Guide To Anti Money Laundering And Combating The Financing Of Terrorism written by Paul Allan Schott and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Business & Economics categories.
This second edition of the Reference Guide is a comprehensive source of practical information on how countries can fight money laundering and terrorist financing. Aimed at helping countries understand the new international standards, it discusses the problems caused by these crimes, the specific actions countries need to take to address them, and the role international organizations play in the process. The Reference Guide is a valuable tool for establishing effective regimes to successfully prevent, detect, and prosecute money laundering and terrorist financing.
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.
Anti Money Laundering And Counter Terrorism Financing Law And Policy
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Author : Anne Imobersteg Harvey
language : en
Publisher: BRILL
Release Date : 2019-06-03
Anti Money Laundering And Counter Terrorism Financing Law And Policy written by Anne Imobersteg Harvey and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-03 with Law categories.
The book provides one of the first accounts of AML/CFT legislation in Australia, sets the international policy context, and outlines key international legal obligations. To minimise the negative impact on personal freedoms, it proposes a reading of Australian provisions in line with international caselaw. Expanding her analysis on the international level, the author offers an appraisal of the measures taken, both in terms of criminal policy and cost for civil society. She argues that the development of soft law and the increased powers given to law enforcement agencies, which sub-contract surveillance to the private sector, further erode the legitimacy of State action and the rule of law, and ultimately the democracy the laws were meant to protect.