The Global Prosecution Of Core Crimes Under International Law
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The Global Prosecution Of Core Crimes Under International Law
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Author : Christopher Soler
language : en
Publisher: Springer Nature
Release Date : 2019-09-18
The Global Prosecution Of Core Crimes Under International Law written by Christopher Soler and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-18 with Law categories.
This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
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.
The First Global Prosecutor
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Author : Martha Minow
language : en
Publisher: University of Michigan Press
Release Date : 2015-04-15
The First Global Prosecutor written by Martha Minow and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-15 with Law categories.
Legal scholars and practitioners examine the role of the ICC’s first prosecutor
Legal Responses To Transnational And International Crimes
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Author : Harmen van der Wilt
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-11-24
Legal Responses To Transnational And International Crimes written by Harmen van der Wilt 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 2017-11-24 with categories.
This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?
The Crime Of Aggression In International Criminal Law
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Author : Sergey Sayapin
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-01-10
The Crime Of Aggression In International Criminal Law written by Sergey Sayapin 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 2014-01-10 with Law categories.
Since after the Second World War, the crime of aggression is – along with genocide, crimes against humanity and war crimes – a “core crime” under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the volume draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of States ́ legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statute ́s substantive and procedural provisions pertaining to the exercise of the International Criminal Court ́s jurisdiction with respect to the crime of aggression, after 1 January 2017.
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.
The Role Of International Criminal Law In The Global Legal Order
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Author : CHAO Yi
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2015-08-31
The Role Of International Criminal Law In The Global Legal Order written by CHAO Yi 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 2015-08-31 with Law categories.
Old Evidence And Core International Crimes
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2012-11-19
Old Evidence And 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 2012-11-19 with Law categories.
It is often only years after the commission of core international crimes that prosecutions and investigations take place. This anthology addresses challenges associated with such delayed justice: the location, treatment, and assessment of old evidence. Part I considers the topic from the perspective of different actors involved in the prosecution of core international crimes at the domestic and international levels. Part II comprises chapters focusing on the efforts of the Bangladeshi authorities to investigate and prosecute international crimes perpetrated during the 1971 war. This book brings together experienced judges, prosecutors, lawyers, scientists, and commentators who have dealt with questions of old evidence in their work. Among the contributors are Shafique Ahmed, Andrew Cayley, David Cohen, Seena Fazel, Siri S. Frigaard, M. Amir-Ul Islam, Md. Shahinur Islam, Agnieszka Klonowiecka-Milart, Alphons M.M. Orie, Stephen J. Rapp, Patrick J. Treanor, Otto Triffterer and Martin Witteveen. The chapters describe the challenges encountered in practice and suggest concrete solutions that can be tailored to fit the circumstances of the case or country. By providing a comprehensive analysis of the relevant problems in this area and a variety of views, this anthology will serve as an invaluable resource for criminal justice actors and researchers seeking to address questions of old evidence.
International And Transnational Criminal Law
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Author : David Luban
language : en
Publisher: Aspen Publishing
Release Date : 2018-11-26
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 2018-11-26 with Law categories.
This comprehensive and versatile book covers both international criminal law and the application of US criminal law transnationally. It has chapters on each of the core crimes (aggression, genocide, crimes against humanity, war crimes), as well as separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. Thus the book can be used for courses focusing entirely on international criminal law and accountability for core crimes. But it also covers US criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and US constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students with no prior background. New to the 3rd Edition: Recent developments in the international tribunals, including the Habré trial in the African Extraordinary Chamber Updates on post-Morrison jurisdictional developments and the treatment of jurisdiction in the Restatement (Fourth) of the Foreign Relations Law of the United States Activation of the crime of aggression by the ICC; cyber-attacks as aggression Recent war crimes jurisprudence and the treatment of war crimes in the US Department of Defense Law of War Manual A thorough revision of the ICC chapter including the Lubanga sentencing decisions and the Comoros decision on gravity Recent ICC jurisprudence on modes of liability Latest FCPA prosecution standards New cases on immunities and extradition Professors and students will benefit from: Versatility: Can be used for courses on international criminal law, and also for courses on US criminal law applied across borders Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law Detailed treatment of “headline” issues including torture, terrorism, and war crimes Readable background on historical context Teaching materials include: Comprehensive teacher’s manual, including the authors’ own teaching notes Discussion problems
Prosecuting International Crimes
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Author : Robert Cryer
language : en
Publisher: Cambridge University Press
Release Date : 2005-06-30
Prosecuting International Crimes written by Robert Cryer 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 2005-06-30 with Law categories.
This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.