Meaning Making In International Criminal Law
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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.
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?
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’.
International Criminal Law Practitioner Library Volume 1 Forms Of Responsibility In International Criminal Law
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Author : Gideon Boas
language : en
Publisher: Cambridge University Press
Release Date : 2008-01-03
International Criminal Law Practitioner Library Volume 1 Forms Of Responsibility In International Criminal Law written by Gideon Boas 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 2008-01-03 with Law categories.
Volume I of the International Criminal Law Practitioner Library series focuses on the law of individual criminal responsibility applied in international criminal law, providing a thorough review of the forms of criminal responsibility. The authors present a critical analysis of the elements of individual criminal responsibility as set out in the statutory instruments of the international and hybrid criminal courts and tribunals and their jurisprudence. All elements are discussed, demystifying and untangling some of the confusion in the jurisprudence and literature on the forms of responsibility. The jurisprudence of the ICTY and the ICTR is the main focus of the book. Every trial and appeal judgement, as well as relevant interlocutory jurisprudence, up to 1 December 2006, has been surveyed, as has the relevant jurisprudence of other tribunals and the provisions in the legal instruments of the ICC, making this a highly relevant work.
Pluralism In International Criminal Law
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Author : Elies van Sliedregt
language : en
Publisher: OUP Oxford
Release Date : 2014-10-02
Pluralism In International Criminal Law written by Elies van Sliedregt and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-02 with Law categories.
Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.
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.
International Criminal Law
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Author : Christine van den Wyngaert
language : en
Publisher: Martinus Nijhoff
Release Date : 1996
International Criminal Law written by Christine van den Wyngaert and has been published by Martinus Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
More and more students, legal practitioners, judges, prosecutors and civil servants in ministries and international organizations are confronted with an area of the law that, until recently, was hardly recognised as a legal discipline in its own right: International Criminal Law. This book intends to guide them through the vast labyrinth of treaties in this field. There has been a real explosion of instruments in the past few years, not only in the United Nations, but also in regional frameworks such as the European Union. The collection is a selection of the most important international (universal) and European instruments. The most recent texts have been incorporated, including the Europol Convention (1995), the anti-fraud convention of the European Union (1995), the Council of Europe's Draft Convention on crimes against the environment (1996), the Organisation of American States' Convention against Corruption (1996) and the International Law Commission's Draft Code of Crimes against the Peace and Security of Mankind (1996).
Principles Of International Criminal Law
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Author : Gerhard Werle
language : en
Publisher: OUP Oxford
Release Date : 2014-08-14
Principles Of International Criminal Law written by Gerhard Werle and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-14 with Law categories.
Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses 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. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.
The Subjects And Subjectivities Of International Criminal Law
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Author : Emily Haslam
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-02-22
The Subjects And Subjectivities Of International Criminal Law written by Emily Haslam and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-22 with Law categories.
This book provides a critical introduction to the core elements of international criminal law. It does so by provoking thought on what international criminal law is, or could be, by contrasting the practice of widely recognised state-based actors and institutions such as the International Criminal Court with practices associated with non-state actors in particular citizens' tribunals. International criminal law is now established as an essential legal and institutional response to atrocity. However, it faces a series of political and practical challenges. It is vital to consider its limits and potential, as well as the ways and extent to which those limitations might be addressed. Many actors with very different visions of its nature and parameters play a role in shaping the meaning of international criminal law whether that be in official or unofficial spaces. This book explores the principles and institutions of international criminal law alongside the alternative visions of it put forward by citizens' tribunals. In so doing it encourages reflection on that law's multiple meanings and usages in order to provoke consideration of what it means, and might mean, to deploy international criminal law today.
The Fundamental Concept Of Crime In International Criminal Law
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Author : Iryna Marchuk
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-07-29
The Fundamental Concept Of Crime In International Criminal Law written by Iryna Marchuk 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 2013-07-29 with Law categories.
This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.
