The Protective Principle Of International Criminal Jurisdiction
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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.
Extraterritorial Criminal Jurisdiction And International Terrorism
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Author : Matthew Garrod
language : en
Publisher:
Release Date : 2019-05-09
Extraterritorial Criminal Jurisdiction And International Terrorism written by Matthew Garrod and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-09 with categories.
Transnational terrorism poses one of the most serious and growing threats to States and to international peace and security. The geographically diffuse and complex cellular nature of terrorist networks and infrequent government support seriously undermines international law, in particular the law of jurisdiction, which is one of its most fundamental areas and grounded in the principles of territoriality and nationality. The principles of extraterritorial criminal jurisdiction, since they were first defined by the Harvard Research in International Law in 1935, have yet to be codified in a treaty. As a result, such principles are highly controversial and little understood. This monograph provides the first comprehensive and empirically informed analysis of the protective principle of extraterritorial criminal jurisdiction. Informed by the analysis of State, treaty, and institutional practice, principally in the terrorism context, the protective principle is, for the first time in recent history, reconsidered and defined. This book provides new insight on how States have used protective principle jurisdiction, as well as some important clarification by identifying and defining 'vital interests' and providing a typology of interests included under the ambit of the protective principle lex lata.
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.
Principles Of International Criminal Law
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Author : Gerhard Werle
language : en
Publisher: Oxford University Press, USA
Release Date : 2020
Principles Of International Criminal Law written by Gerhard Werle and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
Principles of International Criminal Law is one of the leading textbooks in the field of international criminal justice. This fourth edition retains the detailed and systematic approach of previous editions, whist adding substantial new material on new theories, laws, and prosecutions.
International Criminal Procedure
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Author : Göran Sluiter
language : en
Publisher: OUP Oxford
Release Date : 2013-03-21
International Criminal Procedure written by Göran Sluiter and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.
International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.
International Criminal Jurisdiction
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Author : Kenneth S. Gallant
language : en
Publisher: Oxford University Press
Release Date : 2022
International Criminal Jurisdiction written by Kenneth S. Gallant 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 2022 with Law categories.
"Whose law must I obey? This question is so basic to our legal obligations that it ought to be easy. Specifically, a person considering an action ought to be able to answer this question by the use of law-like rules. This ought to be particularly true of criminal law, which will be the principal focus of this book. Actually, this question is partially unanswerable in the world as it exists today. Whether by accident or design, the current structure and content of law-national and international-sometimes prevents persons (natural or juridical) from being able to answer the question fully at the time of action"--
The Principle Of Complementarity In International Criminal Law
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Author : Mohamed El Zeidy
language : en
Publisher: BRILL
Release Date : 2008-12-31
The Principle Of Complementarity In International Criminal Law written by Mohamed El Zeidy 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.
The principle of complementarity is the corner stone for the operation of the International Criminal Court (ICC). It organizes the functional relationship between domestic courts and the ICC. This is the first careful study of the historical antecedents of the principle of complementarity, which has become so central to the operation of contemporary international criminal law. The study draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals. It examines in an exhaustive manner the work of the International Law Commission that led to the drafting of the Rome Statute of the International Criminal Court, up to the deposit of the draft statute with the UN General Assembly in 1994. It considers the travaux préparatoires of the Rome Statute itself, in a most thorough manner. It also examines the post-Rome developments, particularly the original interpretations of the relevant provisions of the Statute by both the Office of the Prosecutor and the Pre-Trial Chambers. This is a study that is of intrinsic historical interest, but also one that may help to guide interpreters of the Statute in the years to come. “The concept of complementarity lies at the heart not only of the Rome Statute of the International Criminal Court, it is in many respects the underlying paradigm of international criminal justice as a whole. In this important study, Mohamed El Zeidy has drawn on historical sources, tracing the evolution of the concept and then showing how it has become operationalised in the first cases before the International Criminal Court. This book belongs in the library of every international criminal lawyer”. Prof. William A. Schabas, OC MRIA National University of Ireland, Galway.
Jurisdiction In International Law
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Author : Cedric Ryngaert
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Jurisdiction In International Law written by Cedric Ryngaert and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Transnational Organized Crime
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Author : Staiano, Fulvia
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-07-15
Transnational Organized Crime written by Staiano, Fulvia 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 2022-07-15 with Law categories.
This timely book provides a critical consideration of one of the most pressing matters confronting global and regional strategies for suppressing transnational organized crime today: the question of the scope and rationale of States’ criminal jurisdiction over these cross-border offences. It shines a light on the complex challenges posed by transnational organized crime to international criminal law.
The Permanent International Criminal Court
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Author : Dominic McGoldrick
language : en
Publisher: Hart Publishing
Release Date : 2004-03
The Permanent International Criminal Court written by Dominic McGoldrick and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-03 with Law categories.
This book examines the legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court.