Universal Jurisdiction In International Criminal Law
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Universal Jurisdiction In International Criminal Law
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Author : Aisling O'Sullivan
language : en
Publisher: Taylor & Francis
Release Date : 2017-02-03
Universal Jurisdiction In International Criminal Law written by Aisling O'Sullivan and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-03 with Law categories.
With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.
Universal Jurisdiction Under International Criminal Law A Critical Analysis
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Author : P. R. Ramdhass
language : en
Publisher: GRIN Verlag
Release Date : 2018-08-22
Universal Jurisdiction Under International Criminal Law A Critical Analysis written by P. R. Ramdhass and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-22 with Law categories.
Document from the year 2018 in the subject Law - Miscellaneous, , language: English, abstract: The concept of universal jurisdiction evolved out of protecting international commerce, but now it has become a necessity for protecting human values in modern times. Even though the concept is good, its misuse threatens peaceful international relations. The study propose to discuss the legal status of the concept of universal jurisdiction under international law and its conflict with other legal principles like State sovereignty, sovereign immunity and non-intervention. It will also highlight how jus cogens norms and obligatio erga omnes strengthen the concept of universal jurisdiction. Further, the study will discuss the related concepts, such as ‘responsibility to protect’ and ‘extradite or prosecute’. However, scope of the study will be limited to the problems of universal jurisdiction under international criminal law; and it will not address the issues of active, passive and territorial jurisdictions except to the extent necessary.
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.
Universal Jurisdiction
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Author : Stephen Macedo
language : en
Publisher: University of Pennsylvania Press
Release Date : 2006-02-22
Universal Jurisdiction written by Stephen Macedo and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-02-22 with Law categories.
Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.
Crimes Against Humanity
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Author : Nergis Canefe
language : en
Publisher: University of Wales Press
Release Date : 2021-04-15
Crimes Against Humanity written by Nergis Canefe and has been published by University of Wales Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-15 with Law categories.
This volume considers how, based on the examination of cases pertaining to transitional justice settings that resort to local interpretations of crimes against humanity jurisprudence, fragmentation of international law and circumscribed applications of universal jurisdiction are necessary aspects of the grand enterprise to overcome the impasse of the tainted legacy of international criminal law in the Global South. If we are to proceed with adjudication of the most egregious and heinous crimes involving state criminality without facing the charge of neo-colonialist plotting, then we must reckon with localised and domesticated interpretations of international criminal law, rather than pursuing strict forms of legislative dictation of international criminal law.
Universal Jurisdiction In Modern International Law
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Author : Mitsue Inazumi
language : en
Publisher: Intersentia nv
Release Date : 2005
Universal Jurisdiction In Modern International Law written by Mitsue Inazumi and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Criminal courts categories.
This study is based on the following questions: Which jurisdiction can and should be exercised for the prosecution of individuals responsible for gross and serious violations of human rights? And especially, in this regard, what is the role of universal jurisdiction? In explaining the modern jurisdictional regime, this study illuminates the historical phenomenon of the expansion of jurisdiction in Chapter II, and conducts in-depth research particularly into universal jurisdiction in Chapter III and IV. This study explicates the notion of universal jurisdiction in history and in theory, categorizing its nature by two aspects (permissive or obligatory, and supplemental or primary), and underscores the differences between ordinary universal jurisdiction and universal jurisdiction in absentia. Having made an analysis on the legality of jurisdiction, this study has proceeded to examine the appropriateness of exercising jurisdiction. Noting the danger of conflicts of jurisdiction, Chapter V attempts to compile some guiding rules that can be utilised in determining the appropriateness of jurisdiction, thus answering the question of Which jurisdiction should be exercised'. Chapter VI then applies these guiding rules to non-territorial jurisdiction, namely universal jurisdiction. The observations deduced from the application of the guiding rules demonstrates, together with the analysis of the legality of universal jurisdiction in Chapter IV, the role of universal jurisdiction within the modern jurisdictional regime.
Universal Jurisdiction In International Criminal Law
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Author : Aisling O'Sullivan
language : en
Publisher: Routledge
Release Date : 2017-02-03
Universal Jurisdiction In International Criminal Law written by Aisling O'Sullivan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-03 with Law categories.
With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.
Universal Jurisdiction The Sierra Leone Profile
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Author : Justice Bankole Thompson
language : en
Publisher: Springer
Release Date : 2015-03-12
Universal Jurisdiction The Sierra Leone Profile written by Justice Bankole Thompson and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-12 with Law categories.
The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country’s profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such criminogenic acts. Hence, a compelling reason for the author to write this book was to provide a seminal scholarly work on the subject articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. It was also to propose necessary substantive and procedural law reforms in the state’s jurisprudence on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant tables and summaries of each chapter. Justice Rosolu J.B. Thompson is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a member of and Presiding Judge in Trial Chamber I of the Special Court for Sierra Leone.
State Sovereignty And International Criminal Law
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2012-11-19
State Sovereignty And International Criminal Law 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.
'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.
International Criminal Law
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Author : Roger O'Keefe
language : en
Publisher: Oxford International Law Libra
Release Date : 2015
International Criminal Law written by Roger O'Keefe and has been published by Oxford International Law Libra this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
'International Criminal Law' presents a full and systematic overview of the field, placing it in the context of wider international law. It offers a high-level, analytical examination with particular reference to the concept of an international crime and the role of domestic courts in prosecuting international crimes.--