The Crime Of Conspiracy In International Criminal Law
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The Crime Of Conspiracy In International Criminal Law
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Author : Juliet R. Amenge Okoth
language : en
Publisher: Springer
Release Date : 2014-05-13
The Crime Of Conspiracy In International Criminal Law written by Juliet R. Amenge Okoth and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-13 with Law categories.
This book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy was a prudent decision. While the function of conspiracy as a mode of liability is satisfactorily covered by the modes of participation in the Rome Statute, its function as a purely inchoate crime used to punish incomplete crimes is missing. This book creates a case for inclusion in the Rome Statute, punishment of conspiracies involving international crimes that do not extend beyond the conceptual stage, to reinforce the Statute’s purpose of prevention. The conspiracy concept proposed is one that reflects the characteristics acceptable under both common law and civil law systems.
Theories Of Co Perpetration In International Criminal Law
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Author : Lachezar D. Yanev
language : en
Publisher: BRILL
Release Date : 2018-05-09
Theories Of Co Perpetration In International Criminal Law written by Lachezar D. Yanev and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-09 with Law categories.
This book provides a refined definition of co-perpetration responsibility that could be uniformly applied in both the ad hoc- and the treaty-based (ICC Rome Statue) model of international criminal justice.
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"--
A Theory Of Punishable Participation In Universal Crimes
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Author : Terje Einarsen
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2018-12-07
A Theory Of Punishable Participation In Universal Crimes written by Terje Einarsen 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 2018-12-07 with Law categories.
This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.
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.
International Criminal Law
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Author : M. Cherif Bassiouni
language : en
Publisher:
Release Date : 1986
International Criminal Law written by M. Cherif Bassiouni and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Criminal jurisdiction categories.
Translating Guilt
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Author : Cassandra Steer
language : en
Publisher: Springer
Release Date : 2017-02-26
Translating Guilt written by Cassandra Steer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-26 with Law categories.
This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.
The Protective Principle Of International Criminal Jurisdiction
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Author : Iain Cameron
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1994
The Protective Principle Of International Criminal Jurisdiction written by Iain Cameron and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
This work examines the role and function that the protective principle plays in international criminal law as a whole. It also analyzes the systems of criminal jurisdiction in Sweden and the United States. Shorter analyses are also made of the Danish, Norwegian and British systems.
Individual Criminal Responsibility In International Law
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Author : Elies van Sliedregt
language : en
Publisher: OUP Oxford
Release Date : 2012-03-01
Individual Criminal Responsibility In International 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 2012-03-01 with Law categories.
This book examines the concept of individual criminal responsibility for serious violations of international law, i.e. aggression, genocide, crimes against humanity and war crimes. Such crimes are rarely committed by single individuals. Rather, international crimes generally connote a plurality of offenders, particularly in the execution of the crimes, which are often orchestrated and masterminded by individuals behind the scene of the crimes who can be termed 'intellectual perpetrators'. For a determination of individual guilt and responsibility, a fair assessment of the mutual relationships between those persons is indispensable. By setting out how to understand and apply concepts such as joint criminal enterprise, superior responsibility, duress, and the defence of superior orders, this work provides a framework for that assessment. It does so by bringing to light the roots of these concepts, which lie not merely in earlier phases of development of international criminal law but also in domestic law and legal doctrine. The book also critically reflects on how criminal responsibility has been developed in the case law of international criminal tribunals and courts. It thus illuminates and analyses the rules on individual responsibility in 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).