The Prosecution Of International Crimes
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The Prosecution Of International Crimes
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Author : Madeleine Sann
language : en
Publisher: Routledge
Release Date : 2018-04-27
The Prosecution Of International Crimes written by Madeleine Sann and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-27 with Law categories.
The post-World War Two period has witnessed numerous armed conflicts characterized by extensive violations of relevant obligatory international norms. Responding to these events, the United Nations General Assembly created a permanent international court in 2003, with jurisdiction over selected international crimes. The International Tribunal for the Former Yugoslavia was a precursor to this permanent court. It was established for the purpose of "prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia." As a precedent for what we may expect in the future, it deserves special attention from a historical, political, and especially an international law point of view.The Prosecution of International Crimes comprehensively examines the creation, mandate, and challenges of the International Tribunal for the Former Yugoslavia. Derived from a special issue of Criminal Law Forum: An International Journal, a peer-review journal dedicated to the advancement of criminal law theory, practice, and reform throughout the world, it is now available in paperback.
Prosecuting International Crimes A Multidisciplinary Approach
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Author : Bartłomiej Krzan
language : en
Publisher: BRILL
Release Date : 2016-07-21
Prosecuting International Crimes A Multidisciplinary Approach written by Bartłomiej Krzan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-21 with Law categories.
The volume combines different views, backgrounds and underlying assumptions on the prosecution of international crimes. The contributions shed some additional, useful light that might prove helpful for identifying new dimensions of the reaction (judicial or other) towards international atrocities.
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.
International Prosecutors
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Author : Luc Reydams
language : en
Publisher: OUP Oxford
Release Date : 2012-05-31
International Prosecutors written by Luc Reydams and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-31 with Law categories.
This volume examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a sustained collaborative effort among some twenty scholars and (former) tribunal staffers. The starting point is that the prosecution shapes a tribunal's practice and legacy more than any other organ and that a systematic examination of international prosecutors is therefore warranted. The chapters are organized chronologically, according to the successive phases of the life of the institution and the various stages of the trials. The analysis includes each institution's establishment, mandate and jurisdiction, as well as the prosecutorial framework and strategy, the prosecutor's external relations and the completion of the institution's work. The book also considers the prosecutors' independence and impartiality, and their accountability for their decisions. The volume thus provides a comprehensive picture of the mandate, organization, and operation of the prosecution in international criminal trials. As the first comprehensive study of an international legal actor whose decisions have widespread political repercussions, this book will be essential reading for all with an interest in international criminal justice.
The Opening Statement Of The Prosecution In International Criminal Trials
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Author : Sofia Stolk
language : en
Publisher: Routledge
Release Date : 2021-04-19
The Opening Statement Of The Prosecution In International Criminal Trials written by Sofia Stolk and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-19 with Law categories.
This book addresses the discursive importance of the prosecution’s opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. This book aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. It takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. It shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. Providing an original perspective on the operation of international criminal law, this book will be of considerable interest to those working in this area, as well as those with relevant interests in International/Transnational Law more generally, Critical Legal Studies, Law and Literature, Socio-Legal Studies, Law and Geography and International Relations.
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.
The Prosecution Of International Crimes
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Author : Ben Brandon
language : en
Publisher: Commonwealth Secretarial
Release Date : 2005
The Prosecution Of International Crimes written by Ben Brandon and has been published by Commonwealth Secretarial this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.
With the coming into force of the Rome Statute of the International Criminal Court (ICC) on 1 July 2002, a new era of international criminal justice has begun. For the first time, a permanent international court has been established with jurisdiction to try individuals for the most serious crimes: genocide, crimes against humanity and war crimes.But the impact of the ICC goes well beyond the international stage. The Court is intended to complement national jurisdictions and will only take on cases when States with jurisdiction over the relevant crime(s) are either unwilling or unable to conduct the prosecution. Thus the vast majority of cases will be investigated and prosecuted by domestic authorities in domestic courts. This has significant ramifications for the police, to investigate, prosecute, defend or adjudicate on such matters as well as render various types of assistance to the ICC.This Guide is intended to assist domestic authorities within Commonwealth countries in meeting this challenge by providing practical information about the Court, the relevant principles of international law and the new laws adopted in each State. Part I takes the reader through the structure of the ICC, issues relating to jurisdiction, an outline of the crimes, a description of the co-operation regime and general principles of international humanitarian law. Part II looks at national legislation that has been adopted to date.It is hoped that this publication will serve as an important guide for legal professionals and all those working in the criminal justice system and enable them to become familiar with the practical realities involved in ending impunity for those who have committed the gravest of international crimes.
Prosecuting International Crimes In Africa
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Author : Chacha Murungu
language : en
Publisher: PULP
Release Date : 2011
Prosecuting International Crimes In Africa written by Chacha Murungu and has been published by PULP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Africa south of Sahara categories.
"Prosecuting international crimes in Africa contributes to the understanding of international criminal justice in Africa. The books argues for the rule of law, respect for human rights and the eradication of a culture of impunity in Africa. it is a product of peer-reviewed contributions from graduates of the Centre for Human Rights, Faculty of Law, University of Pretoria, where the Master's degree programme in Human Rights and Democratisation in Africa has been presented since 2000"--Back cover.
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.
Africa And The International Criminal Court
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Author : Gerhard Werle
language : en
Publisher: Springer
Release Date : 2014-09-09
Africa And The International Criminal Court written by Gerhard Werle and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-09 with Law categories.
The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.