Relationships Between International Criminal Law And Other Branches Of International Law
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Relationships Between International Criminal Law And Other Branches Of International Law
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Author : William A. Schabas
language : en
Publisher: BRILL
Release Date : 2022-05-20
Relationships Between International Criminal Law And Other Branches Of International Law written by William A. Schabas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-20 with Law categories.
This course investigates the relationships between international criminal law and other branches of international law. It begins by examining four issues of general international law: the principal sources of international law, jurisdiction and immunities, State responsibility, and use of force. It then explores internationalhumanitarian law, focusing on definitions of war crimes and difficulties in linking IHL and ICL. Next, it examines refugee law, paying particular attention to the exclusion of war criminals from refugee protection and to international crimes that may be related to the rights and treatment of refugees. The final chapter explores the relationship between ICL and human rights law, examining the position of human rights within the Rome Statute of the ICC, as well as the human rights aspects of genocide, crimes against humanity, various procedural rights relating to fair international trials and the contribution of human rights fact-finding mechanisms.
Convergences And Divergences Between International Human Rights International Humanitarian And International Criminal Law
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Author : Paul de Hert
language : en
Publisher:
Release Date : 2018
Convergences And Divergences Between International Human Rights International Humanitarian And International Criminal Law written by Paul de Hert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Human rights categories.
Although rooted in a similar ideal, human rights (IHRL), international criminal law (ICL) and international humanitarian law (IHL) are separate fields of law, best represented as circles, each of which overlaps with the other two. However human rights often seems to absorb the other two, while in other situations, the lines between human rights law and its next door neighbours are blurred or contested.0This volume consists of three main parts. The first main part explores the convergences and divergences between IHL and/or IHRL on the one hand, and ICL stricto sensu on the other hand. The second part investigates the convergences and divergences between IHRL and transnational crimes, or ICL in the broader sense, which suppresses crimes such as drug trafficking, trafficking in human beings and corruption through international treaties providing for domestic enforcement. The last main part of this volume provides the reader with novel and original insights as to how IHRL and IHL converge and diverge by considering if and how the norms of other branches of international law come into play and how the European Court of Human Rights has engaged with the sometimes contradicting norms of IHL. It furthermore analyses the relationship between the specific IHL and IHRL norms which prohibit arbitrary displacement and maps their interaction. Finally, the effectiveness of States - investigations of war crimes committed by their armed forces is evaluated by emphasising attention to the relevant standards developed within IHRL, since IHL does not indicate specific criteria to evaluate the effectiveness of an investigation.
The Relationship Between State And Individual Responsibility For International Crimes
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Author : Beatrice Bonafè
language : en
Publisher: BRILL
Release Date : 2009-02-23
The Relationship Between State And Individual Responsibility For International Crimes written by Beatrice Bonafè and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-23 with Law categories.
This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.
International Criminal Law
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Author : Roger O'Keefe
language : en
Publisher: Oxford International Law Libra
Release Date : 2015
International Criminal Law written by Roger O'Keefe and has been published by Oxford International Law Libra this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
'International Criminal Law' presents a full and systematic overview of the field, placing it in the context of wider international law. It offers a high-level, analytical examination with particular reference to the concept of an international crime and the role of domestic courts in prosecuting international crimes.--
Recueil Des Cours Collected Courses Tome 417
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Author : Académie de Droit International de la Ha
language : en
Publisher: Collected Courses of the Hague
Release Date : 2021-08-18
Recueil Des Cours Collected Courses Tome 417 written by Académie de Droit International de la Ha and has been published by Collected Courses of the Hague this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-18 with Law categories.
Pierre d'Argent, Les obligations internationales. William A. Schabas, Relationships between International Criminal Law and Other Branches of International Law.
Principles Of International Law
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Author : John Balouziyeh, Esq.
language : en
Publisher: Vandeplas Publishing
Release Date : 2016-06-17
Principles Of International Law written by John Balouziyeh, Esq. and has been published by Vandeplas Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-17 with Law categories.
This book offers law students and practitioners alike a clear and concise overview of public international law. It introduces the reader to the sources and history of international law while examining the institutions that create, interpret, and enforce the law, with special attention given to the International Court of Justice and its jurisprudence. The main branches of international law, along with the major treaties and customs governing them, are explained. The chapters take the reader through a step-by-step exposition of the following topics: - States and governments in the international order - International humanitarian law (the law of armed conflict) - International criminal law - Human rights and related topics - State responsibility and immunities from jurisdiction - International environmental law - The law of the sea, air, and space - International economic and trade law The procedures implemented in resolving international disputes are similarly examined. The book's lucid writing style and user-friendly format guarantee its accessibility to lawyers and non-lawyers alike. It will similarly be useful to students as a companion to any international law casebook or compendium of primary source documents.
Complementarity And The Exercise Of Universal Jurisdiction For Core International Crimes
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2010-08-01
Complementarity And The Exercise Of Universal Jurisdiction For Core International Crimes written by Morten Bergsmo 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 2010-08-01 with Law categories.
This book concerns the relationship between the principles of complementarity and universal jurisdiction. Territorial States are normally affected most strongly by core international crimes committed during a conflict or an attack directed against its civilian population. Most victims reside in such States. Most damaged or plundered property is there. Public order and security are violated most severely in the territorial States. It is also on their territory that most of the evidence of the alleged crimes can be found. There are, in other words, obvious policy and practical reasons why States should accord priority to territoriality as a basis of jurisdiction. But is there also an obligation for States to defer exercise of universal jurisdiction of core international crimes to investigation and prosecution of the same crimes by the territorial State? What - if any - is the impact of the principle of complementarity in this respect? These are among the questions discussed in this anthology.
Futures Of International Criminal Justice
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Author : Emma Palmer
language : en
Publisher: Routledge
Release Date : 2021-12-22
Futures Of International Criminal Justice written by Emma Palmer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-22 with Law categories.
This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice. The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond. The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.
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.
Principles Of Islamic International Criminal Law
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Author : Farhad Malekian
language : en
Publisher: BRILL
Release Date : 2011-06-22
Principles Of Islamic International Criminal Law written by Farhad Malekian and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-22 with Law categories.
The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.