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Sources Of International Criminal Law

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Sources Of International Criminal Law

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Author : Pawel Aleksander Kupis
language : en
Publisher: GRIN Verlag
Release Date : 2015-01-27

Sources Of International Criminal Law written by Pawel Aleksander Kupis and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-27 with Law categories.

Academic Paper from the year 2012 in the subject Law - European and International Law, Intellectual Properties, grade: A, University of Wroclaw, language: English, abstract: The sources if international criminal law are diverse, frequently not immediately obvious, and complicated by a number of different factors. This makes the mission of identifying and applying international criminal law particularly difficult, needing a lot of effort and energy. Thus, it is important to identify the sources of international criminal law in order to determine what weight should actually be attached to international treaties, international custom, documents, materials and judicial decisions, which are commonly referred to in the context of individual criminal responsibility in international law.

International Criminal Law

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Author : M. Cherif Bassiouni
language : en
Publisher: BRILL
Release Date : 2008

International Criminal Law written by M. Cherif Bassiouni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.

Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).

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.

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.

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.

International Criminal Law Volume 1 Sources Subjects And Contents

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Author : M. Cherif Bassiouni
language : en
Publisher: BRILL
Release Date : 2008-12-31

International Criminal Law Volume 1 Sources Subjects And Contents written by M. Cherif Bassiouni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-31 with Law categories.

Principles Of International Criminal Law

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Author : Gerhard Werle
language : en
Publisher: Oxford University Press
Release Date : 2020-10-09

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 2020-10-09 with Law categories.

Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth 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. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail 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. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.

The Changing Nature Of Customary International Law

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Author : Noora Arajärvi
language : en
Publisher: Routledge
Release Date : 2014-04-24

The Changing Nature Of Customary International Law written by Noora Arajärvi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-24 with Law categories.

This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.

International Criminal Law Volume 2 Multilateral And Bilateral Enforcement Mechanisms

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Author : M. Cherif Bassiouni
language : en
Publisher: BRILL
Release Date : 2008-12-31

International Criminal Law Volume 2 Multilateral And Bilateral Enforcement Mechanisms written by M. Cherif Bassiouni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-31 with Law categories.

Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4:Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).

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.

Sources Of International Criminal Law

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