The Law And Jurisprudence Of The International Criminal Tribunals And Courts
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The Law And Jurisprudence Of The International Criminal Tribunals And Courts
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Author : Vladimir Tochilovsky
language : en
Publisher:
Release Date : 2022-01-24
The Law And Jurisprudence Of The International Criminal Tribunals And Courts written by Vladimir Tochilovsky and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-24 with Criminal procedure (International law) categories.
This book provides the most comprehensive overview of the law and jurisprudence of the international and internationalized criminal courts and tribunals concerning procedure, evidence, and human rights. The author analyses the origin and evolution of the relevant statutory provisions and provides the rationale behind the evolution. Relevant jurisprudence of the European Court of Human Rights and practice of the UN Human Rights Committee are included. This edition reflects developments of the law and jurisprudence since the previous edition and expands its subject matter. The cited jurisprudence and law is up to date as on 1 September 2021. The Law and Jurisprudence of the International Criminal Tribunals and Courts contains a digest and analysis of relevant decisions and judgements as well as the law of the ICC and other international courts and tribunals. It also provides references to the relevant judgements of the ECtHR and the views of the CCPR. It will be of interest to practitioners, scholars, and law students interested in international criminal justice. About the previous edition 'Tochilovsky is one of the most respected writers in this area. Having practised before the ICTY from the earliest days and having acquired a wealth of international experience he is uniquely placed to write with authority and insight. His latest work is exceptional and superbly comprehensive. It is indispensable to all judges, practitioners and commentators who wish to get to grips with the law and jurisprudence of the international criminal tribunal and courts. I do not keep it on the shelf of my library, but on my desk for constant reference. I recommend it without any hesitation. A "must have" work for all of us privileged to practice in this area.' Karim A.A. Khan - The Prosecutor of the International Criminal Court, Queen's Counsel, Barrister at Temple Garden Chambers, London, former Assistant UN Secretary-General, Special Adviser and Head of the UNITAD, former Lead Counsel at the ICC, ICTY, SCSL, ECCC, EULEX and other courts 'Mr. Tochilovsky has done a masterful job of distilling the jurisprudence of different international tribunals in his comprehensive, wellorganized and clearly written survey, The Law and Jurisprudence of International Criminal Tribunals and Courts. It is an invaluable resource for practitioners of international criminal law and for academics who wish to navigate confidently through an increasingly dense thicket of law and procedure.' Judge Mark Brian Harmon - Extraordinary Chambers in the Courts of Cambodia, formerly a Senior Trial Attorney at the ICTY, a former Federal Prosecutor, Civil Rights Division, of the United States Department of Justice 'This book provides a valuable resource to, and a wealth of background material for, practitioners and experts in the field.' David Tolbert - The Registrar of the Special Tribunal for Lebanon, former President of the International Center for Transitional Justice, former Deputy Prosecutor of the ICTY
The Law And Jurisprudence Of The International Criminal Tribunals And Courts
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Author : Vladimir Tochilovsky
language : en
Publisher: Intersentia Uitgevers N V
Release Date : 2014
The Law And Jurisprudence Of The International Criminal Tribunals And Courts written by Vladimir Tochilovsky and has been published by Intersentia Uitgevers N V this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
This book provides the most comprehensive overview of the law and jurisprudence of the ad hoc international criminal tribunals and courts, as well as the International Criminal Court. It also includes relevant jurisprudence of the European Court of Human Rights and practice of the UN Human Rights Committee. The book examines the nature and evolution of the relevant statutory provisions of the international tribunals and provides the rationale behind the evolution. It significantly expands the subject matter of the relevant jurisprudence and reflects the developments and the current state of human rights standards in international criminal procedure. With cited jurisprudence and law that is up-to-date as of September 1, 2013, the book contains a digest and analysis of decisions, orders, and judgments of: the International Criminal Tribunal for the Former Yugoslavia * the International Criminal Tribunal for Rwanda * the Special Court for Sierra Leone * the Extraordinary Chambers in the Courts of Cambodia * the International Criminal Court * the European Court of Human Rights.
Judicial Dialogue On Human Rights
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Author : Paolo Lobba
language : en
Publisher: BRILL
Release Date : 2017-08-28
Judicial Dialogue On Human Rights written by Paolo Lobba and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-28 with Law categories.
The book presents a critical assessment on the use of human rights case law by international criminal tribunals. Based on the inadequacies highlighted though this analysis, the book propounds a coherent method to transfer human rights standards into international criminal justice.
Jurisprudence Of International Criminal Justice
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Author : Farhad Malekian
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2014-06-30
Jurisprudence Of International Criminal Justice written by Farhad Malekian and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-30 with Law categories.
Introduction written by Professor Benjamin B Ferencz This challenging volume examines the jurisprudence of international criminal justice from various points of view. The philosophy of justice may vary from time to time and from nation to nation, depending on prevailing attitudes towards the substantive rules which deal, in one way or another, with cultural norms. In the national and international area, the principles of criminal justice have a key role in examining the scope of the most serious violations of international criminal law. It is on the basis of appropriate judgment that these principles may be accumulated and achieved for the future conduct of man. This volume, therefore, examines the principles and dimensions of the constitutions of various international criminal tribunals/courts, with particular focus on the Statute of the International Criminal Court (ICC). As such, the volume offers a comprehensive evaluation of the rule of law and criminal justice and their legal tasks within the complementarity system of international criminal jurisprudence. The volume emphasises the prosecution and punishment of all those who may successfully escape from the proceedings of national and international criminal courts because of their juridical, political, religious, economic or military power. It demands the implementation of international law of jus cogens. The provisions of the Statute should not be deduced in contradiction to the norms from which no derogation is possible, such as prohibitions governing crimes against humanity, torture, apartheid, rape, war crimes, genocide and aggression. If the value of the task of the Court is to be realised by the majority of states in the international community, the cycle of impunity has to be abolished in the case of all states, including the five permanent members of the Security Council of the United Nations.
Judicial Creativity At The International Criminal Tribunals
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Author : Shane Darcy
language : en
Publisher: Oxford University Press
Release Date : 2010-12-16
Judicial Creativity At The International Criminal Tribunals written by Shane Darcy 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 2010-12-16 with History categories.
As the work of the International Criminal Tribunals for the Former Yogoslavia and Rwanda draws to a close, this edited collection appraises their impact. It particularly focuses on the position of judges as lawmakers within these tribunals, shedding light on the profound changes in international criminal law which these judges have instigated.
The Rules Practice And Jurisprudence Of International Courts And Tribunals
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Author : Chiara Giorgetti
language : en
Publisher: BRILL
Release Date : 2012-02-17
The Rules Practice And Jurisprudence Of International Courts And Tribunals written by Chiara Giorgetti and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-17 with Law categories.
This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
International Criminal Law In Context
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Author : Philipp Kastner
language : en
Publisher: Routledge
Release Date : 2017-10-20
International Criminal Law In Context written by Philipp Kastner and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-20 with Law categories.
International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.
Judicial Practice Customary International Criminal Law And Nullum Crimen Sine Lege
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Author : Thomas Rauter
language : en
Publisher: Springer
Release Date : 2017-09-05
Judicial Practice Customary International Criminal Law And Nullum Crimen Sine Lege written by Thomas Rauter and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-05 with Law categories.
This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?
Developments In Customary International Law
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Author : Birgit Schlütter
language : en
Publisher: BRILL
Release Date : 2010-05-17
Developments In Customary International Law written by Birgit Schlütter and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-17 with Law categories.
Customary international law is the most important source of international criminal law. Fifty years after the Nuremberg trials, many convictions imposed by the tribunals for the former Yugoslavia and Rwanda are still based on customary international law alone. The International Criminal Court, by contrast, has not yet had much opportunity to give more guidance on this matter. Hence, it is worthwhile to provide an overview of the current status of custom by analysing the ad hoc tribunal’s case law on this point. Including a comprehensive synopsis of current literature and a contrast of the ad hoc tribunal’s case law with the jurisprudence of the International Court of Justice, this book offers an inclusive insight into the source’s past and future.
The International Criminal Court In Search Of Its Purpose And Identity
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Author : Triestino Mariniello
language : en
Publisher: Routledge
Release Date : 2014-11-27
The International Criminal Court In Search Of Its Purpose And Identity written by Triestino Mariniello and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-27 with Law categories.
The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.